PECULIARITIES OF INTERNATIONAL SOURCES OF ENVIRONMENTAL LAW OF THE REPUBLIC OF KAZAKHSTAN

Authors

  • A. Rzabay
  • L.K. Yerkinbayeva
  • N.M. Remi

DOI:

https://doi.org/10.26577/JAPJ.2019.v92.i4.06
        104 51

Abstract

This article discusses the theoretical and practical aspects of the international sources of environmental
law and their impact on the development of the national legislation of the Republic of Kazakhstan.
These days Kazakhstan is directly involved in the process of international legal cooperation in the
field of environmental protection and rational use of natural resources. In this regard, the issues of recognition
and adoption at the domestic level of the norms and principles of international environmental and
legal cooperation, as well as determining their place in the system of sources of national environmental
law, are of particular importance. In the current interconnected and interdependent world, the special
role of inter-state regulation of the most pressing problems of mankind is becoming increasingly clear;
among these problems directly and indisputably are, first of all, the problems of environmental protection
and its preservation for the benefit of present and future generations. The rules developed in the
process of such interaction of states, united in an international agreement, cannot act in isolation without
interacting with the rules of domestic law. Moreover, such interaction is demonstrated in the allocation
of a special category of sources (normative legal acts) of an international character in the general system
of sources of domestic law; and the constitutional and legal perception of international agreement norms
can be characterized by the recognition of a separate, special preferential position of such norms over
the norms of national laws. In conclusion, the author presents theoretical statements, as well as practical
recommendations on improving the existing environmental legislation of the Republic of Kazakhstan.
Key words: environmental legislation, sources of law, implementation, norms of international law,
national legislation.

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Published

2020-01-23

Issue

Section

NATURAL RESOURCES AND ECOLOGY LAW