Circular law doctrine

Volume 7, Issue 3, June 2023     |     PP. 189-199      |     PDF (243 K)    |     Pub. Date: June 5, 2023
DOI: 10.54647/sociology841084    86 Downloads     2087 Views  

Author(s)

Olga Mikichurova, Department of Finance and Credit, Financial – Legal College, Kyiv 03087, Ukraine
Illia Vlialko, Department of Comparative and European Law, Educational and Scientific Institute of International Relations, Taras Shevchenko National University of Kyiv, Kyiv 04119, Ukraine

Abstract
The article is devoted to the study of the sources of formation of the doctrine of international circular law. Circular law is defined as a set of legal norms that define and regulate social relations in the field of a circular economy. The authors insist that circular law as a branch of international public law is now only being formed. The research shows that circular law is influenced by many factors in the process of its formation. Among them, the authors singled out a close connection with the norms of international public law and its branch - international economic law. In particular, they noted that general multilateral treaties play a significant role in circular law. The study reveals a great influence of international universal organizations (UN) and regional organizations (EU) on the development and formation of circular law. A peculiar role in the development of circular law at the international level was played by international environmental conferences, at which declarations were adopted outlining special environmental principles. The authors pay attention to the concept of sustainable development and emphasize that the concept most accurately defines the essence of the circular economy. Such a clear definition has had the greatest impact on the formation of international and national circular law. Moreover, a number of national legal acts of Germany, Great Britain, Finland, Denmark, Scotland, Australia, China, Canada, the United States, Japan, and some others have also made a significant contribution to the process of formation of circular law. It is worth noting that the important basis of circular law lies in the provision of human rights. The authors propose such a definition of the doctrine of circular law as a legal theory, which is formed on the basis of the norms of national and international law, the law-making of international organizations and reflects the transition of mankind to a circular economic model.

Keywords
circular law, sustainable development, circular economy, circular law doctrine, ecology

Cite this paper
Olga Mikichurova, Illia Vlialko, Circular law doctrine , SCIREA Journal of Sociology. Volume 7, Issue 3, June 2023 | PP. 189-199. 10.54647/sociology841084

References

[ 1 ] Statute of the International Court of Justice: San Francisco, June 26, 1945. - Access mode: https://www.un-ilibrary.org/content/books/9789210601979s006-c002/read
[ 2 ] O.V. Mikichurova, I.V. Vlialko (2021) Circular law as a legal basis for a circular economy - IOP Conference Series: Earth and Environmental Science 915, 2021, P. 012022
[ 3 ] S.A. Balashenko, T.I. Makarova (1999) International legal protection of the environment and human rights: textbook. allowance - Minsk: World Wide Printing, 1999. - P.33-36.
[ 4 ] International Environmental Agreements (IEA) Database Project. Ronald B. Mitchell and the IEA Database Project, 2002-2020. - Access mode: https://iea.uoregon.edu/
[ 5 ] Resolution of the UN General Assembly, 18 Dec. 1962, No. 1831 (XVII) "Economic development and protection Nature”. - Access mode: http://www.worldlii.org/int/other/UNGA/1962/
[ 6 ] Resolution of the UN General Assembly, 22 Nov. 1965, No. 2029 (XX) "Combining the Special Fund and the Expanded Program of Technical Assistance into the United Nations Development Program". - Access mode: // https://digitallibrary.un.org/record/203477
[ 7 ] Resolution No. 2398 (XXIII) “Problems of the Human Environment” of December 3, 1968.- Access mode: https://digitallibrary.un.org/record/202554
[ 8 ] UN Stockholm Conference 5-16 June 1972. - Access mode: https://www.un.org/en/conferences/environment/stockholm1972
[ 9 ] World Charter for Nature: Adopted by Resolution General. UN Assembly, 28 Oct. 1982, No. 37/7. - Access mode: https://digitallibrary.un.org/record/39295
[ 10 ] O. Mikichurova, Y. Klyuyeva, N. Armash (2021) Transport in the circular economy. - Revista Turismo Estudos e Práticas-RTEP/UERN, No.01 (2021). - P.1-9
[ 11 ] Charter of the United Nations June 26, 1945. - Access mode: https://www.un.org/en/about-us/un-charter#:~:text=The%20Charter%20of%20the%20United,force%20on%2024%20October% 201945.
[ 12 ] Vershilo N.D. (2008) Ecological and legal foundations of sustainable development: Ph.D. diss. Dr. jurid. Sciences / N.D. Vershilo; Ross. Acad. Sciences. Institute of State and rights. - M., 2008. - 51p.
[ 13 ] Declaration of the UN Conference on Environment and Development, June 14, 1992. - Access mode: Rio de Janeiro, http://www.un.org/ru/documents/decl_conv/decl1990.shtml
[ 14 ] Hannesburg Declaration of the World Summit on Sustainable Development, 4 Sept. 2002. - Access mode: https://digitallibrary.un.org/record/478154.
[ 15 ] Law to promote the circular economy and ensure environmentally friendly waste management (Circular economy act). - Access mode: https://leap.unep.org/countries/de/national-legislation/law-promote-circular-economy-and-ensure-environmentally-friendly
[ 16 ] Leading the cycle – Finnish road map to a circular economy 2016–2025. - Access mode: https://www.sitra.fi/app/uploads/2017/02/Selvityksia121.pdf
[ 17 ] S. Antoniazzi. Transition to Circular Economy and Management of Public Services of General Economic Interest. - Access mode: https://cepar.fu.uni-lj.si/index.php/CEPAR/article/view/540
[ 18 ] Declaration of the UN Conference on the Human Environment, June 16, 1972, Stockholm. - Access mode: https://www.un.org/en/conferences/environment/stockholm1972
[ 19 ] Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters: June 25, 1998. - Access mode: https://unece.org/DAM/env/pp/documents/cep43e.pdf
[ 20 ] Aarhus Convention: Implementation Guide. - Access mode: https: unece.org/environment-policy/publications/aarhus-convention-implementation-guide-second-edition
[ 21 ] Makarova T.I. Doctrine of international environmental law: formation, bases, content (2013). - Access mode: https://naukarus.com/doktrina-mezhdunarodnogo-prava-okruzhayuschey-sredy-formirovanie-osnovy-soderzhanie
[ 22 ] UN General Assembly declares access to clean and healthy environment a universal human right. - Access mode: https://news.un.org/en/story/2022/07/1123482