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

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 environmen-tal and legal cooperation, as well as determining their place in the system of sources of national environ-mental 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 isola-tion 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.

Keywords

• environmental legislation
• sources of law
• implementation
• norms of international law
• national legislation