Dreptul de proprietate asupra bunurilor de mediu

Abstract

Awareness of the increasingly possible hypothesis of a depletion of natural resources has generated many theoretical considerations, which have led to the conclusion that it is urgent to rethink the relationship of human society as a whole to certain elements of nature. In other words, what seemed inexhaustible to previous generations, including those belonging to the first half of the twentieth century, seems today to be extremely fragile, moreover, exposed to the harmful effects of human behavior. In such conditions, through this article we try to raise the given question if, at least at a theoretical level, the owner of a good can still be claimed to use it and, moreover, to dispose of it, as he deems appropriate, under the conditions which the good we are talking about in this context enjoys a special protection regime, springing from internal, but also international imperative norms. In this sense, we can appreciate that, before caring for the protection of natural habitats, human habitat must be subject to regulations that allow it to ensure a safe and harmonious development. In addition, given that environmental law calls into question the "power" of man to intervene in nature itself,