Water and Law – a summary of the results of a natural resource law research

Abstract

The present article summarizes the results of a legal research presented by the scholars of University of Miskolc in connection with water as a natural resource. Essentially, this legal research of the University might be regarded as an implementation and continuation of the national water science strategy of the Hungarian Academy of Sciences (MTA), and this legal research is based on legal assessments of János Ede Szilágyi which assessments provide a significant link between the water strategy of the MTA and jurisprudence. The legal research of the University broadens its antecedents' results via the following main legal methods applied by the Hungarian scholars: interdisciplinary method, historical method and comparative method.

Prohibition of cross-border water transport in the conditions of the Slovak Republic and its legal consequences

“…36 of the TFEU, the Court shall, as a general rule, use the alternative reasoning or the reasoning on the grounds of public policy in conjunction with other possible justifications. 21 The justification on the grounds of public policy was recognized only in such cases where a member state restricted the import and export of collectible gold coins. The Court held that this was justified based on public policy because it resulted from the need to protect the right to mint coins, which is normally presumed to include the state's essential interests.…”

Interests of Future Generations, Environmental Protection and the Fundamental Law

“…Article Q(1) is very similar to Article 3, Par. 5 of the Treaty of European Union (TEU) 20 , combining international commitments and cooperation with sustainability: 'In order to create and maintain peace and security, and to achieve the sustainable development of mankind, Hungary shall strive for cooperation with every nation and state of the world.' A good example is the Voluntary National Review of Hungary related to the Sustainable Development Goals (SDGs) of the UN 21 in 2018 22 , within which the FG Ombudsman had a separate chapter, mostly focusing on the relationship of human rights and sustainable development.…”