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BALANCING INTERESTS IN ENVIRONMENTAL LAW: CONFLICT BETWEEN PUBLIC AND PRIVATE RIGHTS

Abdurofiyeva Nodirabonu , Termiz State University 3rd-year student of the Faculty of Law

Abstract

Environmental law often requires balancing collective environmental interests with individual private rights such as property, development, and economic freedom. This article explores the legal frameworks, principles, and case law that guide courts and policymakers in resolving these conflicts. Using comparative examples, the paper analyzes how environmental protection can limit private rights, and under what legal conditions such limitations are justified. The study emphasizes the need for fair, transparent, and proportionate mechanisms to reconcile competing interests within the rule of law.

Keywords

Environmental law, public interest, private rights, proportionality, legal conflict, sustainable development, property rights.

References

European Court of Human Rights. Öneryildiz v. Turkey (2004).

U.S. Supreme Court. Lucas v. South Carolina Coastal Council (1992).

Constitution of Uzbekistan (2023).

Rio Declaration on Environment and Development (1992).

Sands, P. et al. (2021). Principles of International Environmental Law. Cambridge University Press.

German Federal Constitutional Court. BVerfG, 1 BvR 2656/18 (2021).

United Nations Environment Programme. (2020). Environmental Rule of Law: First Global Report.

UNECE. (1998). Aarhus Convention on Access to Information, Public Participation and Access to Justice.

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BALANCING INTERESTS IN ENVIRONMENTAL LAW: CONFLICT BETWEEN PUBLIC AND PRIVATE RIGHTS. (2025). International Journal of Artificial Intelligence, 5(07), 462-464. https://www.academicpublishers.org/journals/index.php/ijai/article/view/5859