THE EFFECTIVENESS OF IMPLEMENTING ENVIRONMENTAL OBLIGATIONS AS A GUARANTEE OF PRESERVING A VIABLE ENVIRONMENT FOR FUTURE GENERATIONS

Abstract

This article presents a comprehensive study of the evolution of the concept of environmental duty in modern environmental law doctrine and legislation. It has been demonstrated that under the influence of globalization processes and the need for climate adaptation, the nature of environmental obligations is transformed from a passive and declaratory ‘do no harm’ model to an active obligation to restore and adapt ecosystems. As a result of the research, the dualistic legal nature of the environmental obligation, which is manifested in the fact that, on the one hand, it is non-correlated, as it exists as an absolute public obligation to preserve ecosystems and protect the interests of future generations. On the other hand, in the system of protection of fundamental human rights, this obligation takes a clear correlative nature in relation to an individual’s right to an environment that is safe for life and health, ensuring its legal effectiveness and the possibility of judicial protection. The analysis of environmental obligations as a specific type of general legal obligation has led to the conclusion that the public law element predominates in the nature of environmental obligations. It has been demonstrated that the general nature of environmental obligation provides the necessary regulatory basis for the flexible combination of various regulatory instruments (coercion and control, persuasion, encouragement, stimulation, etc.). It is argued that the principle of intergenerational justice should be applied as a universal legal filter. Through this lens, any management or economic decision of the current generation must be evaluated to determine whether it creates unavoidable environmental threats to the viable environment of future generations.