Nature as a Public Interest

C 2021

Nature as a Public Interest

VOMÁČKA, Vojtěch

Basic information

Original name

Nature as a Public Interest

Authors

VOMÁČKA, Vojtěch (203 Czech Republic, guarantor, belonging to the institution)

Edition

Cambridge, Public Interest in Law, p. 329-345, 17 pp. 2021

Publisher

Intersentia

Other information

Language

English

Type of outcome

Kapitola resp. kapitoly v odborné knize

Field of Study

50501 Law

Country of publisher

United Kingdom of Great Britain and Northern Ireland

Confidentiality degree

není předmětem státního či obchodního tajemství

Publication form

printed version "print"

References:

Katalog MU Web nakladatele

RIV identification code

RIV/00216224:14220/21:00120746

Organization unit

Faculty of Law

ISBN

978-1-78068-970-8

Keywords in English

public interest; nature protection; case-law; Supreme Administrative Court of the Czech Republic; CJEU; the Habitats Directive

Abstract

V originále

Why does the law protect nature? What is its weight as a public interest and it position in balancing various public interests? These are the core questions the chapter attempts to address. As superfluous as they seem, the answers are far from simple. Indeed, healthy ecosystems clean water, purify the air, maintain soil, and regulate the climate. They also provide raw materials, food and other resources. However, in attempting to define nature protection as a public interest, one is always facing an odd paradox: nature is protected for its productive function, and at the same time, the ratio behind the law on nature protection is to keep it insofar as possible, intact and alone. Away from Man, that is. The cause of environmental degradation is deeply rooted in human culture. The more we use our nature, the less natural it is. Although nature is constantly changing, and was doing so even before the dawn of humanity, its rapid degradation in recent decades has pushed the legislators worldwide to impose considerable restrictions on human activities. As a consequence, the corresponding public interest entailed in the national constitutions and legal acts regarding nature, or the environment as a broader category, is oft en two-fold, embracing both the use and protection of nature.

Links

8J19AT008, research and development project

Name: Veřejný zájem v právu

Investor: Ministry of Education, Youth and Sports of the CR, Austria

Citovat

VOMÁČKA, Vojtěch. Nature as a Public Interest. In Tichý, Luboš, Potacs, Michael. Public Interest in Law. Cambridge: Intersentia, 2021, p. 329-345. ISBN 978-1-78068-970-8.

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   author = {Vomáčka, Vojtěch},
   address = {Cambridge},
   booktitle = {Public Interest in Law},
   editor = {Tichý, Luboš, Potacs, Michael},
   keywords = {public interest; nature protection; case-law; Supreme Administrative Court of the Czech Republic; CJEU; the Habitats Directive},
   howpublished = {tištěná verze "print"},
   language = {eng},
   location = {Cambridge},
   isbn = {978-1-78068-970-8},
   pages = {329-345},
   publisher = {Intersentia},
   title = {Nature as a Public Interest},
   url = {https://katalog.muni.cz/Record/MUB01006485171},
   year = {2021}
}

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N2  - Why does the law protect nature? What is its weight as a public interest and it position in balancing various public interests? These are the core questions the chapter attempts to address. As superfluous as they seem, the answers are far from simple. Indeed, healthy ecosystems clean water, purify the air, maintain soil, and regulate the climate. They also provide raw materials, food and other resources. However, in attempting to define nature protection as a public interest, one is always facing an odd paradox: nature is protected for its productive function, and at the same time, the ratio behind the law on nature protection is to keep it insofar as possible, intact and alone. Away from Man, that is. The cause of environmental degradation is deeply rooted in human culture. The more we use our nature, the less natural it is. Although nature is constantly changing, and was doing so even before the dawn of humanity, its rapid degradation in recent decades has pushed the legislators worldwide to impose considerable restrictions on human activities. As a consequence, the corresponding public interest entailed in the national constitutions and legal acts regarding nature, or the environment as a broader category, is oft en two-fold, embracing both the use and protection of nature.
ER  -

VOMÁČKA, Vojtěch. Nature as a Public Interest. In Tichý, Luboš, Potacs, Michael. \textit{Public Interest in Law}. Cambridge: Intersentia, 2021, p.~329-345. ISBN~978-1-78068-970-8.

Detailed Information on Publication Record