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DOAJ Open Access 2026
Efficiency, "watts" the problem? Addressing the energy paradox of the circular economy

Álvaro Martín Morán

This paper explores the integration of the Circular Economy within the energy sector, focusing on the European Union’s legislative and policy context. It examines the evolution and definitions of the Circular Economy, highlighting its expansion from waste management to a broader sustainability paradigm. The analysis uses a comparative approach between the theoretical definition of the circular economy and energy efficiency. It emphasizes the biophysical and thermodynamic limits of circularity, particularly the impossibility of creating closed energy loops due to the laws of thermodynamics. The role of energy efficiency emerges as a crucial bridge between circularity and sustainability, with the EU’s “energy efficiency first” principle serving as a key policy tool. The study argues that while material loops can be narrowed, energy flows remain inherently linear, making efficiency measures essential for advancing circular objectives. The relationship between energy efficiency and the Circular Economy is presented as mutually beneficial but asymmetrical, with efficiency being indispensable for circularity’s success.

Environmental sciences, Law in general. Comparative and uniform law. Jurisprudence
DOAJ Open Access 2026
Steering of Crystal Cell Volumes in Apatites and Bioapatites

Andrzej Kuczumow, Agnieszka Lasota, Mieczysław Gorzelak et al.

The biological variability of apatites in different hard tissues of organisms was the starting point for this investigation. Materials such as whale rostrums, ganoine, and some fish bones were analyzed. It has been proven that different organisms select specific kinds of apatites for the construction of their hard organs at the level of the crystal cell. This probably results from the long-lasting adaptation of the construction to their environmental needs. The materials are characterized by the parameters Δd and ΔE, being the real and apparent deviations from Bragg’s dimension d and the energy of excitation in XRD—E. This study is based on previously published, verified results from a number of researchers and research groups. The derivation of expressions was possible due to an original approach to Bragg’s equation, finally finished in the reformulation of the law, which describes the interplay between the absolute value of the probing excitation energy E and the crystal cell’s internal volume V. It enabled the classification of apatite biomaterials in living and fossil organisms, as well as the classification of the apatite excretions. In addition, the following different possible modes of changes in Bragg’s dimension d were illustrated—spontaneous geometrical expansion, thermal action, pressurization, and single- and multiple-ion exchanges. The contributions of such expansions were estimated. We can steer the cell volume of apatites in various ways. It has been proven that the volume expansion is linearly coupled with the expansion of Bragg’s d parameter in the hexagonal system.

Organic chemistry
DOAJ Open Access 2025
Etika Bisnis dalam Hukum Islam: Implikasi terhadap Praktik Bisnis Modern

Sylvia Mufarrochah, Febri Falisa Putri, Achmad Murtadho et al.

This research aims to analyze modern business practices within Islamic business ethics and the challenges and opportunities in implementing modern business practices from the perspective of business ethics in Islamic law. The implications of the application of Islamic business ethics in modern business practices can be seen in efforts to create a balance between profit and morality, as well as addressing socio-economic problems that often arise in today's business world, such as unfair distribution of wealth, exploitation of labor, and environmental damage. The urgency of this problem is increasingly relevant when today's business world prioritizes the principle of profitability which sometimes conflicts with ethical values. Phenomena such as market manipulation, monopolistic practices, and exploitation carried out by large companies show the importance of implementing business ethics in Islam that emphasizes balance and sustainability. Therefore, it is important to conduct a more in-depth study of how the principles of Islamic business ethics can be adapted and integrated into modern business practices so that they not only provide economic benefits but also provide broad social benefits to society. The implementation of these ethics can also help increase public trust in the business world and create a more equitable and sustainable business environment. This type of research will use a qualitative approach and literature analysis to analyze Islamic economic values and business ethics. The qualitative approach involves a thorough examination of primary and secondary sources related to Islamic economic principles and ethics. This process will include an analysis of texts related to the topic. Penelitian ini bertujuan untuk analisis terhadap praktik bisnis modern dalam etika bisnis Islam dan tantangan dan peluang dalam menerapkan praktik bisnis modern dalam perspektif etika bisnis dalam hukum Islam. Implikasi dari penerapan etika bisnis Islam dalam praktik bisnis modern dapat dilihat dalam upaya menciptakan keseimbangan antara profit dan moralitas, serta menanggulangi masalah sosial-ekonomi yang sering muncul dalam dunia bisnis saat ini, seperti ketidakadilan distribusi kekayaan, eksploitasi tenaga kerja, dan kerusakan lingkungan. Urgensi permasalahan ini semakin relevan ketika dunia bisnis masa kini mengedepankan prinsip profitabilitas yang kadang bertentangan dengan nilai-nilai etika. Fenomena seperti manipulasi pasar, praktik monopoli, serta eksploitasi yang dilakukan oleh perusahaan besar menunjukkan pentingnya penerapan etika bisnis dalam Islam yang menekankan pada keseimbangan dan keberlanjutan. Penting untuk melakukan kajian lebih mendalam tentang bagaimana prinsip-prinsip etika bisnis Islam dapat diadaptasi dan diintegrasikan dalam praktik bisnis modern, agar tidak hanya memberikan keuntungan ekonomi, tetapi juga memberikan manfaat sosial yang luas bagi masyarakat. Implementasi etika ini juga dapat membantu meningkatkan kepercayaan publik terhadap dunia bisnis dan menciptakan lingkungan usaha yang lebih adil dan berkelanjutan. Jenis penelitian ini akan menggunakan pendekatan kualitatif dan analisis pustaka untuk menganalisis nilai-nilai ekonomi dan etika bisnis Islam. Pendekatan kualitatif melibatkan pemeriksaan menyeluruh terhadap sumber-sumber primer dan sekunder yang terkait dengan prinsip-prinsip ekonomi dan etika Islam. Proses ini akan mencakup analisis teks-teks yang terkait dengan topik tersebut.

DOAJ Open Access 2025
Data ethics and digital sustainability: Bridging legal data protection compliance and ESG for a responsible data-driven future

Prof. Dr. Paolo Balboni, Kate Elizabeth Francis

Despite being the most comprehensive data protection law in the world, Europe's General Data Protection Regulation (GDPR) has failed to ensure that data is processed in an ethical and sustainable manner. This is because the law does not regulate what is good and even lawful activities may lead to harms. At the same time, data ethics requires clear guidelines that can be adopted by organizations. To address this, the authors propose situating data protection within the Corporate Social Responsibility (CSR) and Environmental, Social, and Governance (ESG) paradigms. This incentivizes the adoption of ethical practices thanks to the potential for organizations to improve their ESG ratings. To this end, the Maastricht University Data Protection as a Corporate Social Responsibility Framework is provided as a solution. The Framework provides actionable and auditable controls with the ultimate aim of promoting responsible data practices that benefit not only businesses, but also individuals and society.Novelty and contribution to knowledge: This paper builds upon the work illustrated in Data Protection as a Corporate Social Responsibility (Edward Elgar, 2023) to provide an overview of the need for taking an ethical approach to data protection and cybersecurity compliance. It provides new insights into the relationship between ethics and data protection law and makes new connections between ESG and data protection. Essentially, it delves deeper into the potential for framing data protection under ESG to act as an incentive for virtuous data protection compliance to be achieved by companies.

Information technology
DOAJ Open Access 2025
Preparing for disaster: the Seveso directive, infringements and societal mobilisation of European law, 1976–2000

Karin van Leeuwen, Koen van Zon

EU legal scholarship’s recent ‘turn towards society’ demands new approaches to studying how EU law has been experienced and shaped both at present and in the past. Yet, there has been relatively little research on the engagement of societal actors with European law beyond a narrow focus on litigation. This article looks at a more indirect engagement with legal norms. Using the contested compliance with the EC’s 1982 Seveso directive on industrial safety as a case study, it uncovers the pivotal role that individuals and societal organisations played in procedures that have thus far been considered highly institutionalised: the infringement proceedings started by the European Commission. By tracing how the problem of preparing for disaster came to be regarded by societal actors in Italy and the Netherlands as both a legal and a European problem, it advances an approach showcasing that societal actors experienced EU law less as a separate category and more as part of a broader continuum of solutions to a societal problem.

DOAJ Open Access 2024
Sharing water between nature and humans: Environmental flows and the politics of quantification

François Molle, Anne-Laure Collard

In 2008 the French government launched its Quantitative Water Management policy initiative, as part of which the Rhône-Méditerranée Corse Water Agency undertook studies to ascertain monthly environmental flows at key sub-basin control points and the corresponding 'allowable [water] withdrawals'. Despite simplification, uncertainties, and insufficient data, the studies produced environmental-flow (e-flow) targets endowed with the power of allocating water between humans and nature. We analyse the fluctuation of the e-flow target at Point T6 in the Têt river basin, in the South of France, and show that, rather than an objective, quantitative ecological threshold dictated by science, it can be seen as a boundary number that embodies imaginaries, values, ideologies and interests. Science, but also law, appear to be selectively mobilized, massaged or contested. As a 'slider', the eflow target reflects the state’s political will and/or capacity to impose change and a reduction in water abstraction. Although the e-flow at Point T6 so far failed to play its role as a 'boundary number' and to achieve a settlement, it both exposed the limits of the pre-existing status quo and reshuffled the cards, legitimizing in particular the entry of environmental actors.

Hydraulic engineering
DOAJ Open Access 2024
Chems Palace : le roman écopoétique d’Ali Bécheur

Samar Miled

What makes Ali Bécheur’s literature special is the poetic dimension of his writings. The novels of the Tunisian author, although responding to the formal imperatives of the novel genre, defy the law of the literary genre itself, when certain paragraphs are presented in the form of poetry. Poetry freed from formal constraints emerges from the depths of the soul of the novelist-poet, and this change of tone is usually there to convey an emotion linked to the changes affecting Tunisian traditions. In Chems Palace, a novel published in 2014, Bécheur uses poetic prose to counter the growing materialism that is threatening the natural setting in which the characters evolve. The narrator observes with bitterness the environmental crisis looming in the country's arid regions, namely the southern regions, because of the expansion of tourist sites which are developing with total disrespect for Nature. In response to this threat to the lives of the people of the South who depend on the oasis, Ali Bécheur writes to pay homage to the inhabitants, and he uses writing to highlight the eco-friendly cultural practices of the villagers and their respect for the environment. In this sense, the analysis will focus on how Ali Bécheur presents his vision of a “vivre ensemble” that includes Nature as an integral part of the cycle of life. Furthermore, eco-poetic prose is essential in the novel and marks a rupture with a hyper-material world. As a result, this work explores lyricism as a form of resistance and poetic writing as an expression of ecological concern.

French literature - Italian literature - Spanish literature - Portuguese literature
DOAJ Open Access 2022
Building Social License for Automated Demand-Side Management—Case Study Research in the Swiss Residential Sector

Julien Lancelot Michellod, Declan Kuch, Christian Winzer et al.

Demand-side management (DSM) is increasingly needed for answering electricity flexibility needs in the upcoming transformation of energy systems. Use of automation leads to better efficiency, but its acceptance is problematic since it is linked with several issues, such as privacy or loss of control. Different approaches investigate what should be done for building community support for automation for the purpose of DSM, but it is only recently that literature has shown interest in the application of social license as a concept merging several issues traditionally treated separately. The social license concept emerged in the mining sector before being adopted for other problematic resources. It serves to identify different levels of community support for a project/company as well as various factors that influence it, such as economic and socio-political legitimacy and interactional trust. This paper investigates, through empirical evidence from eight case studies, what has been done in different contexts to build trust and legitimacy for an automated DSM project. Our findings suggest that patterns exist in respect of benefits, risks and rationale presented, the retention of control, information gathered, and inclusion and that these factors differ according to appliances/devices automated, operators of automation, and end-users targeted.

DOAJ Open Access 2021
Estimation of the stability of skeletal muscle myoglobin of chilled pork treated with brine activated by low-frequency high-intensity ultrasound

Olga Krasulya, Anastasiya Smirnova, Vladimir Bogush et al.

We studied the effect of ultrasonic activation of brine (3%) during salting on the degree of stability of colour parameters of pork with normal (NOR) and abnormal course of autolysis in the CIE Lab colour space. The mechanism of stabilisation of the colour of meat is attributed to donor–acceptor bonds of metmyoglobin (MetMb). The accumulation of excessive number of free electrons in the medium are capable of activating MetMb. This reduces the activity of meat, when the native participants of the metmyoglobin reductase system and their own antioxidant systems of meat are depleted.Based on the additive calculation of deviations (increase / decrease) by the coordinates L*, a*, b* in the CIE Lab system, and the total colour difference (ΔE) in control and experimental samples, recommendations were developed. To optimize the colour characteristics of all types of meat, both on the surface and in the thickness of the meat, the preliminary activation of a 3% brine in a low-frequency submersible ultrasonic unit is recommended. Moreover, preliminary cavitation activation of a 3% is more preferable to stabilise the colour of PSE – meat (pale, soft, exudative (watery),) brine in a flow-through installation.

Chemistry, Acoustics. Sound
DOAJ Open Access 2020
Use of key indicators to monitor sustainable development of rural areas

V. Shcherbak, L. Ganushchak-Yefimenko, O. Nifatova et al.

This study provides a multidimensional analysis of sustainable socio-economic development and its challenges in the rural areas of Ukraine. The methodology of realization of sustainable development’s conceptual provisions was created. The advantages of using indicative assessment at the regional level were justified. The methodical approach how to define the indicators of sustainable development (including economic, socio-demographic, labor and environmental domains) of rural areas was proposed. Statistical data, experts’ and rural residents’ evaluation were used to assess the level of socio-economic development of rural areas. The proposed system of indicators is applicable not only to the rural areas of the whole region, but also to its different parts. The tracking model is based on the consistent use of economic, mathematical and expert methods: SWOT-analysis, factor, cluster and discriminant analysis. The construction of the dendrogram allows to determine the type of representative for each cluster. The modeling of sustainable socio-economic development for each sample is applicable to all areas within same cluster. A representative sample from each cluster makes it possible to identify the presence in the region of the so-called "points of growth" and to forecast their development. Two scenarios are considered: maximum (the share of GRP accumulation growth 21.2%) and moderate (the share of GRP accumulation growth 10.6%). <span style="text-decoration: line-through;">GDP</span> Gross Domestic Product growth will differentiate by the type of activity: cluster 1 (agriculture, hunting and forestry) 13% increase; cluster 2 (trade, service and household services) 21% increase; cluster 3 (tourism and international cooperation) 18% increase; cluster 4 (processing industry) 8% increase. Therefore, the using of key indicators for monitoring the sustainable development of rural areas provides an opportunity to take into account the specifics of sustainable development of different specialization branches of rural areas that will support high economic and social growth in the future.

Environmental sciences
DOAJ Open Access 2019
Legal activity of an individual in criminal law and environmental policy

Sumachev Alexey, Kvach Sergey, Dyadkin Dmitriy et al.

Criminal law is traditionally viewed as a branch of public law. Until recently, the category of “dispositivity” in the Russian theory of criminal law had not even been considered. However, it is argued that the development and reflection of dispositivity fundamentals in the criminal law shows the level of protection of law-abiding citizens and also serves as an indicator of activity of legal subjects in the field of criminal justice. The article attempts to define the concept of dispositivity in criminal law and explores its theoretical and applied aspects through conceptual (political and legal) and instrumental approaches. As a part of the conceptual (political and legal) approach, dispositivity is treated as the common grounds of the field of legal regulation. As a part of the instrumental approach, dispositivity is regarded as a method of legal regulation, property legal norms, as well as the mode of legal regulation. From the point of legal methodology, we can speak of dispositivity in the Russian criminal law, since there are no “pure” or distinct fields of private or public law. Simultaneously with the imperative method of legal regulation, there may be the legal grounds for the dispositive legal regulation, and vice versa. The article also analyzes the ratio of the legal activity of an individual (“disposition”) in criminal law and the development of society, using the example of a city. It is stated that the higher the legal activity of a person stipulated by law, the more secure is the position of a person in society.

Environmental sciences
DOAJ Open Access 2019
A near real time monitoring and warning system for wildfire prevention in the Acre state

João Bosco Coura dos Reis, Liana Oighenstein Anderson, Eymar Silva Sampaio Lopes et al.

Wildfires are responsible for great socio-economic and environmental damages every year. In the Amazon, fire occurrences are associated with land clearing and management practices and during the process of deforestation and agricultural expansion. Fire frequency, on the other hand, is related to the hydrological regime, and it is higher in the end of the dry season. There is also a direct relationship between extreme dry events with the number of large wildfires occurrences in the Amazon. During extreme drought conditions, fire-related gross carbon dioxide emissions can account for more than half of emissions related to land use and land cover change. Moreover, recent studies indicate a high probability of increasing the intensity and frequency of extreme droughts, leading the region to a fire-prone system. Supported by the National Policy on Protection and Civil Defense (PNPDEC) (Law No 12608), the development of monitoring systems can integrate the wildfire risk management, promoting the identification and evaluation of hazards and thus guide the decision-making. The objective of this work is the technical-scientific development of a monitoring and warning system of fire risk and impacts. In its first phase, we aim to develop the integration of fire occurrences from remote sensing data and geodata of rural properties of the Rural Environmental Registry (CAR), for the Acre State. The proposed system currently generates automatic and near-real time information about fire location, identification of rural properties, their owner, and land use and land cover of where fire is occurring. As well as providing a website to monitor the alert situation by the users, the system automatically generates warning bulletins, which can be used by environmental and control agencies to subsidize and coordinate response plans to prevent fire spread. The system is being tested in the Acre state situation room. Currently in its evaluation phase, we are now collecting stakeholders' feedback for the tailoring of the final information to be produced. The development of this project generated a methodology for the construction of a fire monitoring and warning system adequate for local and regional use, which will be replicated in other areas in Brazil, and potentially worldwide.

Environmental sciences
DOAJ Open Access 2019
Environmental law between public law and private law

Drenovak-Ivanović Mirjana

The basis for procedural protection of environmental rights is found in administrative procedure. In order to establish guarantees of an adequate and effective legal protection in environmental matters by administrative law instruments, the general administrative procedure should be transformed. Traditionally a one-party procedure, the administrative procedure necessarily becomes a two-party procedure, involving the participation of the public concerned. The legal framework for the protection of property rights which endanger or jeopardize the state of the environment is contained in the substantive law. The Serbian legal system provides such protection by envisaging general institutes in the field of compensation for damage and regulation of property rights. The case law provides many examples that point to numerous inconsistencies in the system of environment protection in civil and administrative proceedings. Thus, for example, operators of general-purpose activities are obliged to compensate injured persons only for damage exceeding normal limits. On several occasions, the case law has shown that the compensation of non-material damage for sustained physical pain, due to the negative impact of industrial and adjacent objects on the environment, can only be granted if the existence of property damage exceeding the "normal limits" is established. In doing so, emissions must be of such intensity as to cause continuous physical pain. According to the case law, periodic emissions, even when they exceed the limit values during certain intervals, do not justify the compensation of non-material damage. The reasons for the underdeveloped legal institutes that provide environment protection are found not only in the fact that the issues of protection of a healthy or adequate environment of certain quality fall into a branch of law that has been developing since the 1970s but also in the fact that there is insufficient understanding of the principles on which environmental law is based and whose implementation entails the necessary and essential change of legal instruments in both public and private law. The plaintiffs in public or private proceedings concerning environmental issues do not only protect their own rights and interests but also the general interest of environment protection. Infringement of the rights or interests of an individual caused by increased environment pollution would never remain a hindrance only to the protection seeker. New legal institutes that would ensure a more efficient, economical, timely and substantive protection of environmental rights should regulate issues of relevance to protection when an individual or group's interest is endangered or jeopardized, as well as in the event of a violation of the right to healthy environment as a object of special public interest and value. Linking the protection of this right to the public interest raises the issues of importance that environment protection has in a society and the way in which public interests are graded, including the interest of environment protection. Starting from this assumption, the paper points to the principles of environmental law and the dominant features of public law which have a significant impact on environmental protection in cases where legal institutes of private law are applied.

DOAJ Open Access 2018
Paridade participativa no Estado de Direito Ecológico: a negação de reconhecimento aos povos indígenas no caso Belo Monte

Paula Galbiatti Silveira

RESUMO: O objetivo do presente artigo é estudar a justiça ambiental como objetivo do Estado de Direito Ecológico, justiça essa incluindo o conceito de paridade participativa como elemento do reconhecimento, a partir do estudo do caso da Usina Hidrelétrica de Belo Monte. Especificamente, objetiva-se compreender a teoria do Estado de Direito Ecológico e a justiça ambiental como seu objetivo, com o método dedutivo e a técnica de pesquisa bibliográfica e documental, cujo documento é a Declaração Mundial para o Estado de Direito Ambiental. Em seguida, busca-se discutir o conceito de justiça ambiental, a partir da teoria do reconhecimento de Honneth e de sua crítica feita por Fraser com o conceito de paridade participativa. Para tanto, utiliza-se da técnica de revisão bibliográfica, utilizando-se dos próprios termos trazidos pelos autores em citação direta. Por fim, estuda-se o caso de Belo Monte, em um relatório sucinto de como foi seu processo de construção, discussão e licenciamento ambiental, com foco no desrespeito aos povos indígenas, em um verdadeiro contexto de não-reconhecimento e de, portanto, grave injustiça ambiental por negativa de paridade participativa.    ABSTRACT: The aim of this article is to study the environmental justice as an objective of the Ecological State of Law, including the concept of participatory parity as an element of recognition, based on the case study of the Belo Monte hydropower plant. Specifically, the objective is to understand the theory of the Ecological State of Law and environmental justice as its objective, with the deductive method and the bibliographical and documentary research technique, whose document is the World Declaration for the State of Environmental Law. Then, it discussed the concept of environmental justice, based on the theory of recognition of Honneth and his criticism made by Fraser with the concept of participatory parity. For this, it is used the technique of bibliographical revision, using the direct citation. Finally, the case of Belo Monte is studied in a succinct report of its construction process, discussion and environmental licensing, with a focus on disrespect of indigenous peoples, in a true context of non-recognition and, therefore, serious environmental injustice due to negative parity.

Law in general. Comparative and uniform law. Jurisprudence
DOAJ Open Access 2018
Creating legal rights for rivers: lessons from Australia, New Zealand, and India

Erin L. O'Donnell, Julia Talbot-Jones

As pressures on water resources increase, the demand for innovative institutional arrangements, which address the overuse of water, and underprovision of ecosystem health, is rising. One new and emerging approach is the use of legal personality to protect water systems in law through the granting of legal rights to rivers. This constitutes a significant development in the fields of environmental law and water resources management, yet little analysis is available of how the approach has been used and applied. We critically examine the new legal rights for rivers using three case studies from Australia, New Zealand, and India. We analyze how legal rights have been created in each case, and the complexity of enforcing these legal rights to protect the rivers. We conclude that legal personality could be a useful alternative approach for river management, provided that the new legal rights are given sufficient force and effect.

Biology (General), Ecology
DOAJ Open Access 2015
Reflexiones sobre la titularidad y el título de intervención estatal en las infraestructuras públicas

Oscar Rafael Aguilar Valdez

Tradicionalmente, en el derecho iberoamericano, el régimen de las infraestructuras públicas solía ser enmarcado dentro del régimen del dominio público en tanto éstas se encuentran afectadas a un uso público o a un servicio público en beneficio de la comunidad. En el presente artículo, el autor señala que la imperiosa necesidad de recurrir a fuentes privadas de financiamiento ha llevado a tener que admitir la conveniencia de que las infraestructuras públicas puedan ser también titularizadas por el sector privado sin que por ello pierdan su afectación y destinación pública. De esta forma, la finalidad interventora que el Estado perseguiría por medio del régimen dominial podría ser lograda —de igual forma— trasladando el eje del régimen de la noción de “propiedad” a la de “afectación” y, de allí, a su regulación por medio del poder de policía. Se trata, así, de reconocer que esta clase de infraestructuras son “públicas” más que por su “titularidad” por su “destino” o “afectación”, siendo esto último lo que verdaderamente justifica el poder de intervención estatal sobre las mismas. En definitiva, sostiene el autor, no se trata de reemplazar al régimen dominial por el poder de policía ni por la regulación, sino de afirmar que todos estos institutos pueden válidamente convivir entre sí e intercambiarse en su aplicación a diferentes bienes e infraestructuras según los también diferentes criterios, formas de financiamiento y finalidades públicas a las que se pretenda recurrir. En ello, tanto la participación pública como la privada resultan imperiosas.

Environmental sciences, Law in general. Comparative and uniform law. Jurisprudence
DOAJ Open Access 2013
The Conservation Status of Eagles in South African Law

JC Knobel

This contribution is an introductory survey and preliminary evaluation of the conservation status of eagles in South African law. The methodology is primarily an interdisciplinary literature study of legal texts and texts from the natural sciences. Eagles are some of the largest and most powerful avian predators, and the human response to their presence is dualistic and polarised. At the one extreme, many people admire eagles, while at the other extreme they are perceived as a threat to economic and other interests, and may even be actively persecuted in a conviction that they are vermin. This duality in the human perception of eagles is also prevalent in South Africa and complicates their conservation. The mobility of eagles and other birds of prey means that they cannot be restrained by fencing national parks and other protected areas, and this heightens the likelihood of their entering into conflict with human interests. The conservation problems faced by eagles in South Africa can broadly be divided into direct and indirect threats. Direct threats include the intentional killing of eagles, and trade in eagles and their eggs. Indirect threats include non-targeted poisoning (where poisoned bait is used to control other predators, but eagles find the bait, feed on it, and succumb); habitat loss; mortality induced by dangerous structures; and disturbance. The legal status of eagles is influenced by a large body of legislative provisions, ranging from international and regional legal instruments, through national legislation, to provincial legislative measures. An overview of these provisions is given, with concise explanations of how they apply to the legal status of eagles and other birds of prey in South Africa. The conservation status of eagles in South African law is subsequently evaluated by considering the contribution of the applicable laws to three main types of conservation interventions. In respect of the first, habitat preservation, the relevant legal provisions contribute to an impressive array of conserved habitats in national parks and other protected areas. However, the mobility of eagles, and the fact that some species occur mainly outside protected areas, make it imperative for eagles also to be afforded legal protection outside of protected areas. In respect of the second type of intervention, namely management activities to conserve the species in their habitats, an inquiry is made into how the law addresses the threats of the intentional killing of eagles; trade in eagles and their eggs; non-targeted poisoning; mortality induced by dangerous structures; and disturbance. The protection is found to be sound in principle. In respect of the third and most intensive intervention, captive breeding, a regulatory framework is in place, but no such intervention on eagle species is known to be operative in South Africa. In conclusion a number of recommendations are made. The existing laws can be improved by aligning the legal status of species with their Red List status; listing all bird of prey species that are not Critically Endangered, Endangered, or Vulnerable, as Protected for the purpose of national environmental legislation; and, in the medium rather than the short term, considering the imposition of legal obligations on electricity suppliers to implement measures that will mitigate mortalities on electricity structures. Better application of the existing laws could be achieved by improving compliance and enforcement, and by facilitating the optimal use of Biodiversity Management Plans, environmental research, and environmental education.

Law in general. Comparative and uniform law. Jurisprudence
DOAJ Open Access 2013
Análise econômica do direito e algumas contribuições

Aline Andrighetto

A busca por maior conhecimento acerca da interdisciplinaridade no trato das questões jurídicas vem se mostrando necessária. As ações dos juízes, advogados e demais operadores do Direito, bem como das próprias partes dentro do processo e mesmo fora dele têm reflexos econômicos que não devem ser ignorados. Por isso, busca-se de maneira teórica o entendimento sobre este ramo tão necessário aos estudos jurídicos. A análise econômica do Direito surge como teoria positiva, tendo por objeto os comportamentos integrantes, ou não, dos mercados econômicos, razão de sua relevância para a regulação. Iniciou-se a desmistificação da teoria, especialmente na forma da Escola de Chicago, por meio da contraposição entre eficiência e justiça, ficando para reflexões posteriores a análise mais específica dos referenciais de uma sociedade justa, segundo a formulação dos autores mais representativos da Filosofia moral atual.

Environmental sciences, Law in general. Comparative and uniform law. Jurisprudence

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