It depends on what we consider "cultural and philosophical maturity" of a country in this matter. Could you explain a little bit more Ladislav Rozenský ? Thank you.
Dear Ladislav Rozenský - this is a great question but a huge topic. I think Montserrat Gas-Aixendri was attempting to narrow the discussion because environmental law is such a broad and encompassing topic. Certainly, you would hope that mature countries would be leading the way in environmental laws and policies for the betterment of the world.
In my opinion, different laws are for different jurisdiction. If you cannot relate environmental laws or any laws to a particular culture and philosophical maturity while that particular is adjudicating law of that culture than we have a problem or like you said - Quality of the Law diminish to achieve its purpose. So my answer is Yes. Quality of the law depends on how we are able to relate it, interpret it, adjudicate and enforce it onto the culture with a harmonizing effect to the philosophies of environment laws in that particular culture or the maturity of the philosophies of the culture in relation to environment laws in particular.
@Ladislav Rozensky: I’m trying to think of a more or less concrete answer to @Monserrat Gas-Aixendri’s question – what do we consider ‘cultural and philosophical maturity’? Example: I am Dutch, my wife is British, I live in Austria. Of the three, I feel that Austria is the best at protecting the environment (by which I don’t mean that sustainable development is anywhere on the horizon). Is it also culturally and philosophically the most mature of the three? Hmmm…
@Paul Hesp. Cool. Thanks for your ansver. It was philisophical and environmental as well. The best visible result of environments law quality is quality of the environment... See EU Nordic countries. And there it is part of their culture. The some as in Austria...
Hi Ladislav Rozenský . Yes the quality of environmental law directly related to the cultural and philosophical maturity of individual countries. See the link : https://www.routledge.com/Environmental-Law-Across-Cultures-Comparisons-for-Legal-Practice/Junker/p/book/9780367028268#
La calidad del derecho ambiental (técnica legislativa, efectividad y eficacia) está más vinculada al paradigma ambiental asumido por cada sociedad, que a su "madurez cultural y filosófica". Si el ambiente es concebido socialmente como una variable significativa y condicionante de otras variables (vg. económicas) y respeta la diversidad de perspectivas epistemológicas subyacentes de cada grupo socio cultural, va en buen camino Ladislav!
Yes, quality of Environmental Law is directly proportional to cultural and philosophical maturity. Ever since inception of Environmental Law had taken place, the world has been divided as to determining the facets and responsibility for concerns of environment. While some countries have taken a positive step Internationally in collaboration with others underlining their cultural and philosophical maturity the others maintain a stringent not so right stand on basis of what we can say in immaturity which in longer run might result in Environmental issues
Ladislav, si la mirada eurocéntrica es la única y dominante para indagar sobre tu pregunta, claramente habrá un sesgo. Vg. Argentina ha avanzado en la garantía de triple acceso (información, participación y justicia ambiental) antes que el Acuerdo de Escazú que ha ratificado..el problema es la efectividad de su cumplimiento, al igual que en todos los países del mundo.
Yes, a country's cultural ties to the environment informs societal values which in turn reinforce the philosophical perspectives about environmental protection and conservation thus quality of environmental law. I think this explains why different countries may have different viewpoints on the appropriate legal measures that should be put in place in order to protect the environment. so, cultural and philosophical maturity of a country determines the soundness and robustness of their regulatory system.
Environmental law and legislation are central in protecting us humans as well as the different plants and animals in the greater ecosystem that we exist in. Environmental law ensures that individuals, governments and cooperates do not cause harm to the environment or its ecosystems Ladislav Rozenský
https://www.cambridge.org/core/books/perspectives-on-environmental-law-scholarship/culture-of-environmental-law-and-the-practices-of-environmental-law-scholarship/E61199310B648B86F2FE603702309ED1/core-reader,this link may be useful.
There definitely must be a correlation with maturity and environmental laws and it's subsequent enactments. A prime example is in our country, India, where concern for the environment and it's laws is truly lackluster: Apathic even. A complete paradigm shift is required as most people are unaware of the intricate relationship Between men and environment. Regards
The environmental law is to protect human health as well as the environment. It is all about making balance. The role of the environment is to ensure that the practices used in the environment do not cause harm to the environment, human or animal health. https://www.conserve-energy-future.com/environmental-law-and-its-components.php