Arbitration

Arbitration matters in nature protection – arbitration of economic disputies connected with violation of the nature protection legislation, such cases are considered in the state arbitration bodies. The state arbitration bodies settle economic disputies only between enterprises, establishments and organisations taking into account their territorial displacement and the cost of the claim.

The most common are arbitration cases involving an indemnity:

- to fisheries in case of mass losses of fish as a result of pollution of water objects by industrial, municipal and other waters or industrial waste products, or non- observance of rules concerning the usage and protection of fish husbandry pools;

- to hunting husbandry in case of loss of wildings as a result of violation the legislation in the sphere of environmental protection by agricultural, industrial, transportation and other enterprises;

- to forestry in case of violation rules of rational usage and forest protection;

- to land users as a result of unwarranted appropriation of lands , their pollution or a damage to a fertile soil layer etc.

Enterprises, establishments and organizations having compensated damages according to decisions of arbitration organs have the right to sue in court to the officials and other workers directly offending legislations during the production activity and causing the above mentioned damage to the national economy.

International cooperation

The biospheric unity of our planet brings about many legal environmental

problems at different levels successful solution of which becomes possible only withi the frames of international cooperation. International cooperation dating back to 100 hundred years developes swiftly. The main aspects of international cooperation in the sphere of environmental protection include:

1. a systematic data and informational exchange on the status of the environment and the level of pollution;

2. a preliminary timely information on the activity capable to indicate the considerable negative transport impact upon the environment. Which is important for all nations that could be affected by this activity and enables them to evaluate the potential impact upon nature;

2. consultancy of states planning this activity with the countries which

might be potentially affected in order that final solutions could be developed taking into consideration transboundary pollutions;

2. cooperation between the states and international organizations on prevention of ecological disasters and limitation oftheir consequences;

2. Providing the adequate information on ecological disasters and emergency situations in states and local organizations potentially affected by risky activity;

2. eliminating differences between national ecological standards;

2. Intensifying responsibilities and instruments of rendering international assistance in case of ecological disasters and emergency situations.

Mutually equal and multi -aspect international cooperation is especially important in the solution of long-term environmental programs such as protection of the atmospheric air and the global ocean against pollution, regulating the usage of common rivers. Protection of migrating wild animals and birds etc.

In the early 20^th agreements were signed with Finland on fishing in boundary waters, with Afghanistan on sharing water resources, the convention with Turkey on prevention of epizootics spreading. A multilateral convention on plants protection as well as on anti - locust measures were signed wiiith Afghanistan and Iran.

International cooperation significantly developed after the second world war. During this period more than 250 international treaties, agreements and conventions of the nature protection value were concluded. Among them the significant importance is attributed to the Moscow Agreement ( 1963 ) banning the nuclear-weapon testing in the atmosphere, cosmic space and under waters, which more than 100 countries have signed. The relevant value is given to the convention on the treatened wildlife species international trade, which was sighed by more than 80 countries in1973.

Many international agreements were made on protection of birds including the Convention on the protection of nesting places, rest and winterings protection for water fowls (МАР). In 1973 between the former USSR and Japan a special Convention on protection of migration and rare spesies of birds was concluded. Later such convention was signed with India also.

Agreements between the former USSR and the USA on cooperation in the sphere of environmental investigation and protection (1972) are of significant importance as well as agreements with France, Sweden, Finland and a number of other countries on problems of nature protection, international scientific cooperation and matters of rational usage oof natural resources.

Research institutions participate in implementation of international programs, in particular the UNESCO programme ( A Man and the Biosphera).

The United Nations permanently pays attention to environmental protection problems. The 17^th meeting of the UN General Assembly in 1962 made a special resolution “Economic Development and Environmental Protection” which announced the nature protection to be a direct duty of the UN members. Measures on protection of natural resources and economic development should take place simultaneously. The United Nations Environmental Program started its work in 1973. This establishment organizes and coordinates environmental researches including the state of the biosphere all over the world. Special UN bodies such as UNESCO, FAO pay their attention to protection of nature.

Thus , education and specialists training in the sphere of nature protection is one of the main aspects of UNESCO activity as well as popularization of positive experience and new technologies in the sphere of rational usage of natural resources and investigations on environmental problems.

Problems of complex usage and protection of waters, conservation, restoration and improvement of soil fertility , productivity of forests and wild fauna are in the centre of attention of FAO.

WHO pays its great attention to sanitary-hygienic aspects of nature protection. In order to detect the sources of pollution of the atmosphere and waters and to find out methods of its prevention this organization hold a number of conferences taking into account experience of diffrent countries.

Among international organizations the special place takes International Union of Protection of the Environment and Natural Resources which was founded in 1948 under the initiative of UNESCO. This organization is the main adviser and a consultant on problems of wildlife conservation. It promotes cooperation between governments, national and international organizations dealing with environmental problems. This Union prepares projects of international conventions and agreements.

Its tasks also include scientific consultations of governments, national and international bodies on nature protection and legal matters. It develops and propagates new scientific and technological achievements in the sphere of nature protection.

The Red Book issued by the commission on protection of rare and treated species has become well known world wide.This book contains information on the status of animals and plants population, disapearing fauna and flora and recomendations on their restoration. The Green Book,composed also by this union, contains a lot of valuable information on rare and unique landscapes. This organization issues guides on national parks and natural reservations worldwide. Permanent attention is given to development of ecological principles for long-termed prognosis of the impact upon the biosphere when putting into operation large projects of nature transformation .