Legal Customs as a Form of Environmental Law and Natural Resource Law

DOI

10.2991/assehr.k.201205.035How to use a DOI?

Keywords

legal custom, environmental law, natural resource law, source of law, regulation by a custom, legislation

Abstract

This article researches the development of a custom from a tradition and a stable rule of conduct as a result of its systematic prolonged multiple repetition for a long time, authorized by the state in a legal norm, thereby formed to a custom it becomes a legal provision. A custom becomes a full-fledged form of law only by sanctioning. There are three ways of its formalization by the state: direct, judicial, and silent authorization. The focus of the research is whether a custom can regulate social relations and be a source of law especially of an environmental and a natural resource law. A custom has played a role as the regulative measure and management of natural resources. It becomes legal when it is fixed or not fixed in the rule of law, but been applied as a legal one, when the rule of law indicates that. The main conclusion is that the custom is a rule of conduct that is widely used in any area of activities, regardless of whether it is fixed as a rule of law or not, it can be applied in the field of environmental and natural resource law, not only by the analogy of the law, as the courts have done before, but also directly. And both ways of consolidation, formal and informal ones, are taken into account in practice.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Nadezhda Alekseeva
AU  - Valerii Vlasenko
AU  - Vladislav Panchenko
AU  - Ivan Makarchuk
AU  - Sergey Shimansky
PY  - 2020
DA  - 2020/12/07
TI  - Legal Customs as a Form of Environmental Law and Natural Resource Law
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 199
EP  - 203
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.035
DO  - 10.2991/assehr.k.201205.035
ID  - Alekseeva2020
ER  -