Determining the essence, correlation and types of objects of law and objects of legal relations is considered one of the most debatable issues in the theory of law, having significant theoretical and practical significance. This chapter analyzes the constitutional, subsoil and gemological legislation regulating relations arising out from material gemological objects. The objective of this study is to understand intersectoral aspects of gemstones of natural origin, having been considered as an object of legal relations. The methodology comprised of dialectical, comparative legal, formal legal (dogmatic), formal logical, critical legal, systemic-structural and systemic-functional methods. This is the first time when geological-legal science has proposed the foundation of a dualistic theory addressing the multi-level structure of objects of gemological legal relations. It consists of the symbiosis of gemologically-significant actions and goods. The chapter also proposes general legal definition (an object of gemological law, an object of legal regulation of gemological law, an object of gemological legal relations), and special-legal definition (amber-bearing subsoil, natural gemstones) aimed at developing and improving the national gemological law.
Gemological legal relations; Gemstones; Intersectoral status; Gemologically-significant goods; Gemologically-significant actions
Roman Kirin, Petro Baranov, Igor Koziakov, ‘Defining the Legal Aspects of Gemological Objects of Natural Origin’ in Hasrat Arjjumend (ed.), New Vistas in Natural Resources Law (TGI Books/ The Grassroots Institute, Montreal/Vancouver, Canada, 2024), pp. 555-590, ISBN: 978-1-7778455-3-7. Doi: https://doi.org/10.33002/enrlaw-09/c13
Open Access. Copyright © 2024 the author(s), published by TGI Books/ The Grassroots Institute. This work is licensed under the Creative Commons Attribution- Non Commercial - No Derivatives 4.0 International License. This work was first published as an article in the GJNR journal published by the same publisher with the Doi: https://doi.org/10.33002/nr2581.6853.050403. This Chapter is the revised 2nd version.
Edited by Dr. Hasrat Arjjumend
Open Access
The book "New Vistas in Natural Resources Law" is a pioneering exploration into the dynamic and multifaceted realm of environmental governance, cantered around crucial keywords such as Environmental Law, Natural Resources Management, Forest Laws, Biodiversity Laws, Indigenous Peoples, Conservation Policies, Rangeland Policies, Environmental Policy, Agrarian & Land Laws, and Mining Related Laws. Authored by experts at the intersection of law and environmental science, this comprehensive volume offers a panoramic view of the evolving legal landscape governing our planet's vital natural resources.
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The rights and contributions of Indigenous Peoples take centre stage as the book explores how legal frameworks intersect with traditional knowledge and land use practices. It critically examines the evolving legal landscape that recognizes and safeguards the rights of indigenous communities in the context of natural resources management. Conservation Policies and Rangeland Policies are explored as integral components of environmental governance, shedding light on the legal strategies employed to balance the needs of agriculture, conservation, and sustainable land use. Environmental Policy emerges as a cross-cutting theme, with the book examining the development, implementation, and impact of policies aimed at addressing pressing environmental challenges. It evaluates the role of legal frameworks in shaping policy decisions and fostering effective environmental management.
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"New Vistas in Natural Resources Law" is a timely and authoritative work that not only captures the current state of natural resources law but also anticipates emerging challenges and opportunities. With its interdisciplinary approach, this book serves as an indispensable resource for legal scholars, policymakers, environmental scientists, and anyone seeking a comprehensive understanding of the intricate interplay between law and the sustainable management of our planet's natural resources.
Arjjumend, H. (ed.) (2024). New Vistas in Natural Resources Law. Montreal/Vancouver, Canada: The Grassroots Institute, ISBN: 978-1-7778455-3-7. Doi: https://doi.org/10.33002/enrlaw-09
