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Record W4402080914 · doi:10.33002/jelp040209

Application of the Principle of Proportionality in Regulating Environmental Conflicts: An Experience of Ukraine

2024· article· en· W4402080914 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

venuePublished in a venue whose home country is Canada.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueJournal of Environmental Law & Policy · 2024
Typearticle
Languageen
FieldSocial Sciences
TopicLand Use and Management
Canadian institutionsnot available
Fundersnot available
KeywordsProportionality (law)Political scienceEnvironmental ethicsEnvironmental planningEnvironmental scienceLawPhilosophy

Abstract

fetched live from OpenAlex

This article has a theoretical and research character, and its main aim is to determine the legal nature of the principle of proportionality as an institutional mechanism for the coordination of interests in environmental conflicts from the standpoint of national Ukrainian legislation and law enforcement practice. The issue is analyzed by conducting a theoretical legal analysis of the principle of proportionality as a general legal principle. As the basis of environmental law, proportionality contributes to the implementation of the principle of sustainable development, as it determines the mechanism for the coordination and balancing of diverse interests. The study of international and Ukrainian legislation, which defines the normative grounds for the application of the principle of proportionality in legal relations, demonstrates that in national environmental legislation, in the regulation of environmental relations, the principle of proportionality is used to establish limitations on rights in order to protect the public environmental interest or to determine the proportionality of the right to an environment safe for life and health with other rights. The article analyzes the judicial practice of the European Court of Human Rights in environmental cases and the relevance of its application by the judicial institutions of Ukraine. This made it possible to verify the effectiveness of the proportionality criteria in the settlement of environmental conflicts.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.633
Threshold uncertainty score0.195

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.015
GPT teacher head0.326
Teacher spread0.311 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it