- Introduction
1.1
Definition
of environmental laws
Environmental laws are a form of
modern legislative policies that are aimed at protecting the natural resources
and environment of the earth. Environment laws mostly involve the process of
promoting the sustainability and maintenance of the use of water, air and land
in particular (Global Environmental Concepts, 199). Environmental factors
generally involve all the elements that are in the ecosystem w1here individuals
interact. The laws usually take different form as they are created in diverse
legal processes.
1.2
The
need for environmental laws
Environmental laws are importance considering
the various activities organizations are involved and the implications they
tend to have in the atmosphere. If environmental laws can not be in existence
it would mean there would be no regulating factors and the environment will be affected
negatively. If the environment is affected negatively the general human
population will also be affected in the same way considering the dependence the
society has to the environment (Global Environmental Concepts., 201). Also the
future generation will be affected as the environment is affected negatives
hence the need for environmental laws.
1.3
Research
objectives
The objective of the research is to
identify whether the government should promote the development of the
environmental laws. The research will also consider the implications of there being
environmental laws and not.
1.4
Research
questions
Should the government set up environmental laws?
Are environmental laws important?
What impact do environmental laws have in the
society?
1.5
Research
hypothesis
The hypothesis of the research is
to consider whether environmental laws are important in the adoption by the
government. It is important to consider all the related factors influencing the
environmental laws and the implications they have if adopted or not.
1.6
Thesis:
There is a need for enactment of laws that are aimed at protecting the
environment.
The primary objective of the
research is to focus on whether the government should set up environmental laws
and what are the implications if they are adopted or not. Considering the
activities which are being carried out in the society by businesses and
industries it is important for necessary measures to be taken. There is need
for enactment of laws that are aimed at protecting the environment (Esty,
Daniel & Steve Charnovitz, 122). If such measures are not taken, it will
imply that the environment will be depleted and eventually affecting the entire
society.
- Literature Review
2.1
Major
previous studies:
Significant studies have been
carried out regarding environmental issues and laws. This has resulted to
creation of international environmental protection laws taking the form of multinational
treaties or group of countries come together and make treaties. One significant
study that involved approximately 200 countries came up with an international
law known as the Kyoto protocol. The Kyoto protocol is an agreement made by all
the involved countries to reduce greenhouse gas emissions that include carbon
dioxide and methane. The previous study was carried out by the United Nations
hence fostering the Kyoto protocol.
2.2
Conceptual
literature
Nations and authorities have passed
environmental laws and regulations to be in a position of protecting the human
health and the environment. The environment plays a great role to the human
society in general due to the interdependence in existence. The implications
that are there to the society if the environment is affected negative made
other states to have long history of environmental laws (Esty, Daniel &
Steve Charnovitz,, 123). The goal of adopting the environmental policies was
primarily to protect the environment for future generations. This involves regulating
commerce activities by interfering with them as little as possible but also by
enhancing efficiency of commerce through equality as to who is to cover
environmental costs in relation to the implications they have.
2.3
Synthesis
into a totally integrated section in the context:
2.3.1
History
of research - Research methods typically used:
History of research regarding
environmental laws dates long back in history. Some states for instance South
Carolina in 1671 sits colonial assembly passed a law that is still in effect today
“that no person should cause a flow into or be cast into any of the creeks,
streams or inland waters of the state any impurities that are poisonous to fish
o destructive to their spawn such person shall upon conviction be punished”. The
research methods that were used were the implications they had on the society
in terms of the environmental effects.
2.3.2
Evaluation
of Key Studies:
The study carried out by the united
nation has proved to be significant as it brought together more than 200
countries to foster an international agreement. The result of the study of the
implications greenhouse emissions had to the environment they had to take the
necessary measures in adopting a protocol that will bind them in reducing them
to protect the environment.
2.3.3
Examining
examples of governments that have implemented environmental laws
The United States government
has adopted landmark environmental policies and each of its states has equally
vital environmental policies. The laws adopted are made to regulate the
organizations in the country to abide to the environmental regulations so as
not to affect it negatively (Revisions To The Unregulated Contaminant
Monitoring Regulation, Para 5). The judicial also does review the legislative
enactments and the administrative decisions hence making them more effective.
The Danish government has also adopted environmental policies such as
the Danish action plan aims at addressing pollution in the aquatic environment.
This includes Denmark lakes, rivers, marine and groundwater. The environmental
policy also does focus on the links in urban, agricultural and industrial
sectors and the aquatic environment. The environmental law was developed in
1987 and does include a variety of strategies on assessing the ecosystem and significant
causes of the environmental problems (Wijen & Rob, 28).
2.4
Summary
Environmental law policies have in
effect for a very long time in the society. There are different policies
regarding environment and they are essentially aimed at protecting the
environment and existence of future generations. If properly adopted by the
relevant agencies and all stakeholders they will play a great role in ensuring
there is a sustainable environment (Jackson, 28425). Environmental laws experience
a great deal of criticism in the society due to conflicting objectives of the
involved stakeholders, considering some what to benefit without caring they
implications they cause in the environment.
- Research Methodology
3.1
Theoretical
Framework
The research methodology is confined in the implications of
commerce and other human activities have on the environment. The process is
carefully and systematically followed to obtain the objective of the study
regarding whether or not the governments should adopt environmental laws
(McGrath, 18). The theoretical framework of the research is to highlight on the
major factors in the environment and the government has control over them.
3.2
Research
Methodology
3.2.1
Conceptual
Framework
A scientific attitude is adopted in
the conceptual framework of the research considering the environmental is
affected by gradual processes in the ecosystem. Therefore there is need for the
study to be carried out in a systematic, ethical and skeptic manner to have a
viable sense of truth regarding the problem being considered. The study will
take into account all the available ideas regarding the problem being
considered on the environment (McGrath, 19). Diverse groups have different line
of though and including all the stakeholders affected by the environmental laws
and policies will make it possible to attain the truth on the subject problem.
3.2.2
Type
of data to be collected for the research paper
The type of data that is to be used
in the research paper is the secondary data. The data has already been
collected and all the factors influencing the environment taken into
consideration in making a viable conclusion.
3.2.3
Drawbacks
of research method selected.
The method used in the research has
limitations considering that the data used is a secondary data. Being in a
position of attaining an effective result it is important to use current data
that align with the prevailing conditions. The data used has been obtained from
past years and the rate in which the environment is affected is changing time
over time. This will tend to undermine the conclusions made from the study.
Environmental issues and policies regarding the businesses
and industries tend to have biasness in who is initiating the study (Haley,
Usha & Douglas, 17). Different stakeholders tend to protect their interests
to benefit from the environmental debates, having a positive perspective boosts
their activities and vise versa.
3.2.4
Research
subjects and Research variables
Subjects and variables considered
in the research are the cases investigated and turned out to infringe the
policies regarding environmental policies. The data collected is done the
environmental directorate general and the case considered are those that have gone
through the first step of issuing a formal notice (Haley et al., 19).
3.3
Summary
The study does use secondary data
collected by the environmental directorate general regarding infringement cases
(Haley et al., 23). All the factors that influence the subject problem have to
be taken into consideration to attain a viable conclusion regarding to the
prevailing condition by the government.
- Presentation and Analysis of Findings:
4.1
Description
of the data collected.
The
data collected shows how environmental laws were infringed while at the same
time there are laws that tend to at least regulate the industry. This will show
us how effective they are and what are the necessary steps required to be taken
by governments in relation to policies and laws.
4.2
Presenting
the data collected
Adapted from European
commission, Para 2
The
data collected above involves the number of infringements experienced per year
by various governments. In the past five years the cases have fairly remained
constant and considering the EU region is enlarging the cases may increase in
years to come.
Adapted from
European commission, Para 3
Adapted from
European commission, Para 4
The tables above
present data on open infringement cases by environmental sectors for the years
ending 2008 and 2009.
4.3
Discussing
the findings in terms of each segment of data gathered.
In
the first table regarding the number of infringements cases per year shows the
implications of the available regulations. These are cases that have been
recorded in that businesses and industries in the different EU countries are
not abiding to the set guidelines (European commission, Para 6). This tend to
have a negative picture to the environmental sector in general considering the
EU region is going to expand in future implying there would be an increase in the
infringement cases. The second chart regarding the different type of
environmental sector being considered presents 2009 and 2008 data and the
different impact the regulation policies have had in curbing the pollution
(Mojtaba Saeidinia, et al, 396).
4.4
Summary
of the data collected.
The
data show a general picture of what the state of the environment laws and the implications
they have had in averting pollution. In the data collected it does show that in
the five past years infringement cases have been relatively constant and may
increase as the ERU region is going to expand in future. The infringement cases
by environmental sector does also show some sectors reducing while others
increasing and through this necessary actions can be clearly drawn (Jackson,
28426).
- Conclusion and Recommendations
5.1
Summary
In the paper it has clearly shown
the impact the present environmental cases and policies have. This gives the
governments a platform they can weigh on the impacts they have and the
necessary steps that need to be take (McEldowney & Sharron, 170). This
involves the setting up effective environmental laws that can drastically
reduce the infringement cases in the future. Environmental policies and laws
have proved to be important as they regulate the stakeholders in the society and
can be used in reviewing the set guidelines to align with the prevailing
conditions.
5.2
Conclusion
of findings
Governments need to set up
environmental laws that are effective and align to the prevailing conditions to
reduce infringement cases (Muchlinski, 158). Environmental laws and policies
are important in regulating the environment and making it sustainable to the future
generations (Martin & Alison, 50). If no measures are taken to curb the
vice, the cases will increase and have a significantly negative impact in the
society.
5.3
Recommendation
To set up effective environmental laws
that are effective the governments needs to involve all the involved stake
holders. This will provide a platform where they can share ideas and opinions
on the best way forward and will significantly reduce cases of pollution in the
environment (Masur & Eric, 1560).
5.4
Implication
of the research
The research offers a platform for
future studies on the topic and an insight on the environmental challenges. All
stakeholders need to realize that enhancing the sustainability of the
environment is important for us and the generations to come (Marquis, Zhang
& Zhou, 40). Policies need to be developed that align with the prevailing
conditions to enhance effectiveness.
5.5
Limitation
of the research
The limitation of the study is
based on the varying conditions in the different parts of the globe. This will
make the cases to not align as different elements are involved hence having
varying conclusions (Kwasniak, 425). Data collected is from past years and may
hinder the conclusion considering different factors arise with time.
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