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THE ANNALS OF THE

"

Ş

TEFAN CEL MARE"

UNIVERSITY OF SUCEAVA.

FASCICLE OF THE FACULTY OF

ECONOMICS AND

PUBLIC ADMINISTRATION

VOLUME 9, SPECIAL NUMBER, 2009

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ED I TORI AL BOARD :

Edit or - in - ch ie f: Carmen N STASE

Ge n e r a l e dit or ia l se cr e t a r y: Adrian Liviu SCUTARIU

Edit or s: Elena HLACIUC, Carmen CHAŞOVSCHI, Mariana LUPAN, Ovidiu Florin HURJUI

SCI EN TI FI C COM M I TTEE:

Angela ALBU, „Ştefan cel Mare” University of Suceava, Romania George P. BABU, University of Southern Mississippi, USA

Christian BAUMGARTNER, International Friends of Nature, Austria Grigore BELOSTECINIC, ASEM, Chi şin u, Republic of Moldova Ionel BOSTAN, „Alexandru Ioan Cuza” University of Iaşi, Romania Aurel BURCIU, „Ştefan cel Mare” University of Suceava, Romania

Gheorghe CÂRSTEA, Academ y of Economic Studies, Bucharest , Romania Slobodan CEROVIC, Singidunum University, Belgrade, Serbia

Simion CERTAN, State University of Chişin u, Republic of Moldova

Carmen CHAŞOVSCHI, „Ştefan cel Mare” University of Suceava, Romania Liliana ELMAZI, Tirana University, Albania

Cristian Valentin HAPENCIUC, „Ştefan cel Mare” University of Suceava, Romania Elena HLACIUC, „Ştefan cel Mare” University of Suceava, Romania

Elena IFTIME, „Ştefan cel Mare” University of Suceava, Romania Marian JALENCU, State University of Chişin u, Republic of Moldova Miika KAJANUS, Savonia University of Applied Sciences, Iisalmi, Finland Stefanos KARAGIANNIS, Institute of Tourism Research, Athens, Greece Maria MUREŞAN, Academy of Economic Studies, Bucuresti, Romania Carmen N STASE, „Ştefan cel Mare” University of Suceava, Roman ia Alexandru NEDELEA, „Ştefan cel Mare” University of Suceava, Romania Ion PÂR ACHI, ASEM, Chişin u, Republic of Moldova

Rusalim PETRIŞ, „Ştefan cel Mare” University of Suceava, Romania Abraham PIZAM, University of Central Florida, Orlando, Florida Ion POHOA , „Alexandru Ioan Cuza” University of Iaşi, Romania

Gabriela PRELIPCEAN, „Ştefan cel Mare” University of Suceava, Romania Gheorghe SANDU, „Ştefan cel Mare” University of Suceava, Romania Petru SANDU, Elizabethtown College, Pennsylvania, USA

Pavlo SHYLEPNYTSYI, Bucovina State Academy of Finance, Chernivtsi, Ukraine Doru TILIU E, „Ştefan cel Mare” University of Suceava, Romania

Ion TORONCIUC, National University Yuri Fedcovici, Chernivtsi, Ukraine Viorel URCANU, ASEM, Chişin u, Republic of Moldova

Diego VARELA PEDREIRA, University of A Coruna, Spain

R zvan VIORESCU, „Ştefan cel Mare” University of Suceava, Romania

Valeriy YEVDOKYMENKO, National University Yuri Fedcovici, Chernivtsi, Ukraine

Text review: Alina HODOROAB , Adrian Liviu SCUTARIU. Cover design: Adrian Liviu SCUTARIU Contact:

Faculty of Economics and Public Administration „Ştefan cel Mare” University of Suceava

Str. Universit ţii nr. 13, Corp H, Camera H108 720229 SUCEAVA, ROMANIA

Phone: (+40) 230 216147 int. 294 E-mail: cercetare@seap.usv.ro

Journal web site: www.seap.usv.ro/annals Faculty web site: www.seap.usv.ro

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CONTENT

SECTION 1 - ECONOMY, TRADE, SERVICES ... 7

ARGUMENTS THAT COMBAT LEGAL NEO-REALISM IN TERMS OF LEGAL INTERPRETATION... 9

Lecturer PhD. Claudia ANDRI OI PhD. Student Ec.Paulescu Ioan ANTON University Eftimie Murgu, Resita, Romania

PRIORITIES FOR SUSTAINABLE DEVELOPMENT TO THE THIRDMILENIUM START ... 15

Lecturer PhD. Gabriela BUŞAN Ec. Viorel Daniel CR CIUNESCU

Constantin Brancusi University, Targu Jiu, Romania

CLIMATE CHANGE AND ADAPTATION POSSIBILITIES OF THE TOURIST DESTINATIONS... 22

Constan a ENEA Georgiana TANASOIU

Constantin Brancusi University, Targu Jiu, Romania

THE PRODUCERS`LIABILITY FOR THE PRESENT DAMAGE AND FOR THE FUTURE ONE, CAUSED BY THE DEFECT OF THE PRODUCT ... 28

Assoc. Prof. Ph.D. Nicolae GR DINARU

„Constantin Brancoveanu” University Pitesti, Rm.Valcea, Romania

A REVIEW OF EMPIRICAL STUDIES ON THE OPPORTUNENESS OF EX-COMMUNIST STATES’ JOINING THE EURO AREA... 33

Lecturer Ph.d. Vasile-Liviu ICHIM

“Ştefan Lupaşcu” Institute of European Studies – Iaşi, Romania

MODERNIZATION OF LOGISTIC SYSTEMS OF THE FIRMS WITHIN THE CONTEXT OF GLOBAL ECONOMY... 39

Lecturer Phd. Mihaela Loredana L P DUŞI Professor Phd Constantin C RUNTU

“Constantin Brâncuşi” University, Tg-Jiu, Romania

BRIEF CONSIDERATIONS WITH REGARD TO THE SPECIAL REGIME OF THE V.A.T. FOR TOURISM AGENCIES ... 46

Lecturer PhD. Florin TUDOR

University „Dunarea de Jos”, Galati, Romania

THE CLASIFICATION OF INSTITUTIONS AND THEIR IMPACT ON ECONOMIC DEVELOPMENT ... 53

PhD. Student Ana Iolanda VOD “AL. I. Cuza” University, Iasi, Romania

BRIEF CONSIDERATION OF THE IMPACT “OF THE REGIONAL DEVELOPMENT POLICY” ON TOURISM IN ROMANIA... 60

Lecturer PhD. Elise Nicoleta VÂLCU University of Piteşti, Romania

SUSTAINABLE DEVELOPMENT AND SUSTAINABLE TOURISM IN THE EUROPEAN UNION ... 606

Lecturer PhD. Elise Nicoleta VÂLCU University of Piteşti, Romania

SECTION 2 - MANAGEMENT AND BUSINESS ADMINISTRATION... 71

CRITICAL ANALYSIS OF THE EXTREME PROGRAMMING (XP) PROJECT MANAGEMENT

METHODOLOGY IN THE INFORMATION TECHNOLOGY FIELD... 72

Senior Lecturer PhD Ionel N FT N IL PhD Candidate Ivona ORZEA

Academy of Economic Studies Bucharest, Romania

CONSIDERATIONS ABOUT COUNSELLING PROCESSESS IN ROMANIA. A COMPARATIVE

PERSPECTIVE ... 81

Associate Prof. PhD. Carmen CHASOVSCHI University “Stefan cel Mare”, Suceava, Romania

THE FINANCIAL LEVIATHAN ... 88

Ph. D. Tiberiu BR ILEAN

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BOARD PANEL - TOOL USED IN THE SUBSTANTIATION OF DECISIONS TAKEN BY THE

MANAGEMENT OF COMPANIES CONDUCTING THEIR BUSINESS IN THE TRANSPORTATION AND THERMAL ENERGY DISTRIBUTION FIELD ... 94

Lecturer Nicoleta Cristina MATEI

Romanian-American University, Bucharest, Romania

PRESENT REQUIREMENTS CONCERNING TOTAL QUALITY MANAGEMENT ON SPHERE OF SERVICES ... 100

Associate Professor Doctor Amalia Venera TODORU Associate Professor Doctor Cecilia Irina R BON U University „Constantin Brâncuşi” Târgu-Jiu, România

RISK ANALYSIS OF A BUSINESS ENTITY FOR ENVOROMENT PROTECTION ... 106

Ph.D. Associate Professor Neculina CHEBAC Ph.D. Lecturer Cristina Mihaela ONICA Dunarea de Jos University, Galati, Romania

THE IMPACT OF THE ECONOMY BASED ON KNOWLEDGE ON MODERN ORGANIZATIONS ... 115

Assistant Ph.D. Student Simona BUTA Professor PhD. Ghiorghi PRIS CARU

”Ştefan cel Mare” University of Suceava, Romania

SIGNIFICANT FOREIGN DIRECT INVESTMENT (FDI) IN ECONOMICS ... 125

PhD. Simona Mihaela POPOVICI

University "Alexandru Ioan Cuza", Iasi, Romania

INVESTOR’S BEHAVI0R ON THE ROMANIAN CAPITAL MARKET ... 131

PhD Lecturer Flavia BARNA

West University from Timişoara, Romania PhD Lecturer Dan DANULETIU

University 1st of December 1918, Alba Iulia, Romania PhD Student Ovidiu MURA

West University from Timişoara, Romania

SOCIAL RESPONSIBILITY AND THE IMPORTANCE OFGOOD EMPLOYER–EMPLOYEE

RELATIONS... 137

PhD. Student Victoria-Mihaela BRÎNZEA University of Pitesti, Pitesti, Romania

THE “NEW ECONOMY” AND THE BUSINESS CYCLES... 147

Assistant PhD. Student Mihaela IFRIM „Al. I. Cuza” University, Iaşi, România

COUNTERFEITING, A PRECISE TARGETIN A LONG - TIME BATTLE... 154

PhD. Assistant Emilia PASCU

Christian University Dimitrie Cantemir, Bucharest, Romania

BUSINESS INTELLIGENCE SOLUTIONS FOR HUMAN RESOURCE MANAGEMENT ... 162

Lecturer PhD. Lumini a ŞERB NESCU University of Piteşti, Romania

SECTION 3 - ACCOUNTING - FINANCES... 169

THE DIVIDEND – COST ELEMENT OF CAPITAL CONTRIBUTION FOR THE SHAREHOLDERSHIP . 170

Lecturer Ph.D. Irina –Ştefana CIBOTARIU University Stefan cel Mare, Suceava, Romania

THE MAINCOORDINATES OF THE BUDGET – FISCAL POLICY IN ROMANIA ON THE TIME

HORIZON 2009-2012... 178

Lecturer PhD Student Anisoara Niculina APETRI Profesor PhD Gheorghe SANDU

University "Stefan cel Mare” Suceava, Romania

THE RELEVANCE OF THE INFORMATION GIVEN BY COSTS INDECISION GROUNDING PROCESS184

Lecturer PhD Candidate Simona Elena DRAGOMIRESCU Lecturer PhD Candidate Daniela Cristina SOLOMON University of Bac u, Bac u, Romania

FINANCING OF CAPITALIZATION AND GROSS FORMING OF PERMANENT CAPITAL IN

ROMANIAN ECONOMY ... 190

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ONLINE TRANSMISSION OF FISCAL DECLARATIONS AND ANNUAL FINANCIAL STATEMENTS – A COMPONENT OF E-GOVERNMENT... 198

Lecturer Alin ISAC Lecturer Claudia ISAC

University of Petrosani, Romania

THE COLLECTIVE INVESTMENT FUNDS - A ROMANIAN AND EUROPEAN PERSPECTIVE... 204

Lecturer PhD. Cosmina M d lina POP Assistant Professor Victoria BOGDAN University of Oradea, Oradea, Romania

THE ANALYSYS OF ANTI-CRISIS FISCAL MEASURES AND THEIR IMPLICATIONS ... 212

Ph.D. Elena TOMA

“Alexandru Ioan Cuza” University, Iasi, Romania

ANALYSIS OF THE MARKERS WHICH COULD HAVE SIGNIFICANT INFLUENCE OVER THE

POTENTIAL EXPOSURE OF THE BANK... 221

PhD. Marin OLE

Lecturer Nicoleta Cristina MATEI

Romanian-American University, Bucharest, Romania

ENLARGING ON THE USE OF FINANCIAL-ACCOUNTING INFORMATION IN THE ECONOMIC DECISION MAKING PROCESS... 230

University Lecturer Ph.D. Alice Emilia ÎN

Romanian-American University, Bucharest, Romania

REFELCTIONS ON THE (RE)POSITIONING OF THE FINANCIAL ADMINISTRATION CONTROL... 236

Ph D Professor Titus ASL U Ph D Lecturer Lavinia Denisia CUC “Aurel Vlaicu University”, Arad, Romania

LEGAL ASPECTS IN CONDUCTING AJUDICIAL ACCOUNTING EXPERTISE ... 241

Lecturer Constantin CUCOŞEL

North University of Baia Mare, Baia Mare, Romania

SECTION 4 - STATISTICS, DATA PROCESSING (INFORMATICS) AND MATHEMATICS... 248

SIMULATION OF THE RELATIONSHIP BETWEEN PRICES AND AVERAGE REVENUE OF THE

POPULATION USING GENETIC ALGORITHMS... 249

Assistant Ph.D. Student Ionut BALAN

„Ştefan cel Mare” University of Suceava, Romania

SECTION 5 - LAW AND PUBLIC ADMINISTRATION... 256

THE INTEGRATION OF LOCAL ADMINISTRATION IN THE ROMANIAN PUBLIC AND ECONOMIC SPACE... 257

Phd. Lect. Ec. Gheorghe CRIŞAN

Tibiscus University of Timisoara, Romania Phd. Student. Ec. Lia Ioana CRIŞAN

Counselor for European Affairs, The Prefect’ Institution Timiş County, Romania

THE ORIGINS, EVOLUTION AND EMERGENCE OF THE HABEAS CORPUS GUARANTEE IN THE

ROMANIAN POLITICO-LEGAL LITERATURE BEFORE THE ROMANIAN CONSTITUTION OF 1991 (I)266

PhD Lecturer Lucian-Sorin ST NESCU

“Ştefan Cel Mare” State University of Suceava, Romania

COURT OF JUSTICE OF THE EUROPEAN UNION VS. THE TREATY OF LISBON ... 275

Lecturer Ph.D. R zvan VIORESCU

“Stefan cel Mare” University of Suceava, Romania

THE LOCAL BUDGETARY PROCESS AND THE SOCIAL-CULTURAL DEVELOPMENT OF THE

TERRITORIAL ADMINISTRATIVE UNITIES... 279

Lecturer PhD. Student Cristinel ICHIM

“Stefan cel Mare” University of Suceava, Romania

ACCESS METHODS CONCERNING THE CONSTITUTIONAL CONTROL OF THE CONSTITUTIONAL COURT... 287

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THE APPLICATION OF THE LEGALITY PRINCIPLE IN THE ADMINISTRATIVE ACTIVITY IN THE EUROPEAN UNION COUNTRIES... 294

Lecturer PhD. Student Dumitri a FLOREA (IONESCU) Assistant Alina LARION

“Ştefan cel Mare” Univeristy of Suceava, Romania

DETERMINATIONS ON IMPROVING TRAINING OF CIVIL SERVANTS AT EU AND NATIONAL LEVEL301

University assistant Gabriela RÎŞCA University assistant Petronela ZAHARIA

"Ştefan cel Mare" University of Suceava, Romania

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SECTION 1

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ARGUMENTS THAT COMBAT LEGAL NEO-REALISM IN TERMS OF LEGAL INTERPRETATION

Lecturer PhD. Claudia ANDRI OI University Eftimie Murgu, Resita, Romania

andritoiclaudia@yahoo.com PhD. Student Ec.Paulescu Ioan ANTON University Eftimie Murgu, Resita, Romania

anton.paulescu@prefcs.ro

Abstract

A theory of law must especially to determine conceptual its subject. To clarify the essence of legal neo-realism it is appropriate to establish the meaning and scope of such notions. Law in general is a result of society evolving in the several thousands of years when it appeared. So is that right now law works with concepts and institutions, with definitions and principles fixed on time. Lawyers, in turn, use a unique language, spell and "translate" the laws for everyone, language transmitted from generation to generation and constantly enriched with new and new attributes. To clarify these things, the legal interpretation comes to lead the steps of those who want to figure out the tricks of law and to familiarize them with the legal requirements. In order to analyze the arguments that combat legal neo-realism in terms of legal matters interpretation, the legal rules that constitute the legal system should be investigated in a scientific manner, seeking in the meantime the principles on which is based this approach: rationality, objectivity, neutrality, hypothesis testing under with a rigorous and open methodology, so as to confirm the followed negative response (Pfersmann and Tims, 2001). This view is not shared by the devotees of natural law, that paradoxical are connected to ideas of a school whose doctrine is part of the required scientific empiricist movement. Based on these differences a suite of pro and against arguments is built to the analyzed mentioned theories in interpreting legal matters.

Keywords: methodological rigor, decoding law, art law-making, legal neo-realism, argumentative constraints.

JEL Classification: K1, K33.

INTRODUCTION

The law is an area of particular interest and decoding of this concept is a complex and difficult process, around this gravitate the law knowledge itself. The complexity of law and also the knowledge of this phenomenon is due to the fact that the law reveals to us in various expressions. makes appeal to abstraction, targeting to overcome these abstractions to ensure on a satisfactory and possible manner the harmony of the social body. Law also reveals the immediate knowledge and the

mediated knowledge, existing only through its relations with other fields of knowledge such as: philosophy, human sciences, semantics, Hermeneutics, legal logic, reasoning, serving them as a meeting point.

Not least, the law reveals action, the one who is carried out of who invents or discovers the rule, leading to interpretation, rank, application. And here is also noted that from the Roman lawyer

to the English casuist or to the master in robe, each had, over time, the role and weight in relation to law and its evolution. They are not limited to conflicts that arise in life, society, law logic is not considered only at the level of the social pathology cases. The efficiency of action is related to the functioning of complex psycho-social mechanisms, which the legislature must give satisfaction, setting by rules of law, types of behavior deemed useful both in terms of social and individual.

Law, also as other areas of social, does not explain himself, but is explained by the law science. In the literature it is assessed that law as a science (i.e. as an explanation of the reality law facts) has two functions:

a) explanatory function, informative;

b) regulatory function - consisting in arguments of practical solutions for legal problems and providing the action directives.

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has led to the emergence more or less rapidly of the idea of law. Thus, one can say that the process of forming the law, a long and highly complexity process should be surprised in its dynamics.

1. INVESTIGATION PRINCIPLES OF THE AUTHENTIC MEANING OF JURIDICAL NORMS USED IN LEGAL METHODOLOGY

The methodology is defined as the most general system of principles of investigation, derived from the more general objective laws. (Popa, 2005). The method is a methodological principle (private method) or some technical process some (individual method). A method in the true sense of the word must be determined by the subject of scientific research itself in order to correspond to the laws.

Among the various methodological steps - general, private, individual - complex relationships are established, in which aspects can be distinguished characteristic of the link between general and particular, of part and the whole, of process and moment, etc.

A good knowledge, explanation and interpretation of law (of legal phenomenon) requires an appropriate methodology under which to undertake a scientific understanding of the mechanism of law social action, of his functions, of the substance of its content and form, of its multiple relationships with society. So therefore, by methods we understand a series of intellectual operations (which may consist of principles, rules) that are used to achieve one or more objectives concerning the knowledge of a phenomenon. For this purpose, may be used certain technical processes, which are supporting tools for the methods and should not be confused with them.

The study of research methods in legal science, of their Heuristic value for discovering new knowledge, is due to law theory (Rosenfeld, 2000). This however does not eliminate the possibility that other branches of law science to contribute to improving the legal and analyzing methodology in their investigations area. Concerns on defining the legal methodology and of analyzing the law scientific research methods are presented in the legal literature. Legal methodology may occur as a science about law science, (and R ducanu Popa, 1983) that reveals aspects of the most important and passionate, like: how a man of science works, the rules of science, its character.

In Romanian law, one of the outstanding lawyers of the XXth century Mircea Manolescu, defined legal methodology as "the discipline that deals with the logical problems, of problems of locating the truth in law science". He indicated also that "we need to distinguish between legal logic and judiciary logic, because there are some which show a puzzle, for the terminology of "legal" opposed to "judiciary", although each understood that "legal" is about law and "judiciary" is in connection with litigation (Manolescu, 1993).

Based on the same distinction, it is spoken of legal logic and judiciary logic, the legal methodology representing a system of those relative invariant factors in a sufficiently large number of methods, factors that have as object reports, relations, links that are established between different methods in the process of legal knowledge phenomenon. The factors of relative invariant in a sufficiently large number of methods are in this case principles, rules or methodological criteria that form the legal interpretation content. Reports, relations, links that are established between the different methods, either before, during or after completion of scientific research are related to legal interpretation (Popescu, 2002). This object is not made by the methods themselves, but by the multiple reports of these relationships.

Since the methods differ as degree of abstraction, as area of application, as degree of precision that they can provide to scientific research, it is warranted to develop a legal methodology as a set of rules for selection, cooperation and appreciation of the benefits and possible disadvantage of applying different methods (Popescu and Iliescu, 1979). Noteworthy is the fact that the analysis of the research methods system of legal phenomenon do not want in any way to be a

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into question a discourse on the normative systems of descriptive statements. Therefore, this method shows criteria of validity and finds obstacles in the way of carrying out the truth. Epistemology has an important role in checking the authentic sense, fully caring out its exigency, seeking for the foundation concepts of interpretation that are subject to the procedure. The methodology achieved the exact opposite, with the main objective the description of the normative statements (Regis, 2007).

Other authors, such as Ihering, Stammler, Schwinge or Sauer argue that methodology is about the guiding principles of scientific knowledge, operations, processes, techniques of such knowledge. Legal logic is part of legal methodology and interpretation that deals with the sources, i.e. a way of thinking, logic par excellence, which deals with legal establishment. Legal logic is a precise discipline by its established object and useful by its results. By legal logical we understand the theory of sources or the idea of the law source. In the legal logic are covered: mythology or ideas, lega sociology and nomology or construction.

The legal logic is concerned about the way of interpreting and implementing the legal standard. Legal logic must exist to any legal practitioner of law, whether a lawyer, prosecutor or judge.

Legal arts are those that concern the formulation and interpretation of legal rules but also the law-making art, administration art and art of judging. Legal Arts are two ways:

a) fundamental, such as the formulation and legal interpretation or creation of legal rule and

b) complex, such as law-making art, administration art or the art of judging.

Legal technique is a complex activity complex for drafting and formulation of legal rules. Legal technique has clear, precise rules that are to be taken into account in drafting the rules.

2. COHERENCE ISSUES ENCOUNTERED IN THE THEORIES FORWARDED IN LEGAL THEORY

The realistic theory of the law appears as a consequence of the criticism made of pure theory, which proposes an alternative explanatory conception, therefore giving a convincing answer to the problems raised in terms of interpretation.

In addition to these theories (realist theory of law, pure theory of law) must take into account the constraints in argumentative theory (ATT) (Troper, 2000) and legal theory of state

(TJE). They concern the relationship between the system of principles and the legal concepts that make the general theory of one hand, and on the other hand underlines the general structure of the legal system that is based on the theory that to get a goal there is only one possibility recognized by law and this is linked to legal reasoning (Pfersmann, 2000).

We may conclude that the legal state theory is only an application of argumentative constraints theory, both assuming concepts of law realistic theory. But this opinion may be subject to immanent criticism because it is impossible to concentrate the whole science of law around a single theory this being the scope of the realistic theory of interpretation, to demonstrate that any other conception is pure ideology.

Starting from its own premise, they can claim the fact that multiple inconsistencies in the formulation are foreseen, which lead to the necessity of formulating a positive solution for the legal interpretation by limiting the study to a particular theory, with a different architecture, and examining its consistency within system in relation to a contrasting theory, as pure theory of law (Mihai, 2003).

I can not say in a radical way the fact that pure theory of law represents a success and realistic theory a failure, this problem remains open, as far as still trying to find the best interpretations to the pure theory of law, which allows understanding law in a realistic manner.

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effectiveness as primitive elements and others are circumscribed as a consequence, without distinction between these items to be done in an explicit and systematic way. Moreover the realistic theory raises some problems of coherence.

Although it was called "the realistic theory of interpretation" of its initiators, it is not in my view a theory of legal interpretation, but one general theory of law, since it considers a semantic analysis of legal texts in the interpretation process as impossible to be interpreted. According to this theory the meaning of words is determined by the law enforcement.

In the realistic theory of interpretation the following elements should be identified: 1. an observable empirical reality driven by the general empiricism;

2. its meanings are expressed through statements that represent observable linguistic elements which shows semantic empiricism;

3. a legal rule represents the significance of a statement, expressing an act of will and at the same time, requiring, permitting, prohibiting a specific action as a result of semantic-normative volunteering;

4. law ontology that requires that a legal rule is a rule that must be "justified" in society and legal order is a system of legal rules that is, consequently, a system of "justification"; 5. interpretation is the attribution meanings to a part of legal statements in accordance with the principles of interpretation, which is the efficiency interpretation thesis; 6. realistic theory concerns only the interpretation of law under the principle of specificity;

7. some interpretations have taken effect in the legal order under the interpretative effectiveness principle. This is the authentic interpretation;

8. the interpreting result is verified with the landmark of doctrinal interpretation; 9. describing acts of authentic interpretation is the law science;

10. the legal texts are "indeterminable" according to the principle of indeterminable text, which means that there is no text that may not have a discovered sense of the text and it must be interpreted even if it is obscure (Jouanjan, 2000). Subject of interpretation is not a legal rule but the legal text which may contain several rules, among them, the interpreter must choose which one will apply.

11. a prescriptive statement has meaning only if it is determined in accordance with the

principle of normative determining;

12. there is no doctrinal interpretation, in accordance with the terms of legal scepticism; 13. interpretation is an act of will, not an act of knowledge as a result of interpretative volunteering theory;

14. any interpretation is assessing;

15. the legal rules are resulting solely from the authentic interpretation, under the

interpretative realism theory;

16. the superior bodies that apply the law (usually the court of last resort are being considered general rules creative organs) are those that determine in a definitive manner the meaning of texts as a consequence of the organic authentic interpretation principle;

17. the decisions of these superior bodies are required to be observed by their addressees, the consequence of effectiveness decision-making;

18. legal rules can be considered legal facts - strictly reductionism.

It is important to show the consequences of the realistic theory of interpretation to understand how it operates, because this theory has as epistemological foundations the general empiricism but also the semantic one, which it admits but without demonstrating their usefulness (V lim rescu, 1999). But the general empiricism is not specified in terms of methodology. Therefore, we conclude that we are dealing with an empiricist theory which does not give any indication of these concrete items. We admit, however, at least provisionally, the effectiveness of this theory subject to explain the elements referred to by close methods.

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2000). This view shared by the advocates of the realistic theory of legal interpretation is subject to immanent criticism, thus giving rise to a problem common to all legal systems, referring mainly to radical and refined solutions, building on contradictory premises that do not allow deduction of the desired outcome.

In any legal order we meet the two phenomena that the law theory must explain: on one hand the texts that state general and abstract rules and, on the other hand, the decisions given by judicial bodies, concerning concrete cases. Therefore we see so very often that it is difficult to establish a relationship between a rule or legal text and the cases that to be its application. It is often difficult to establish a relationship between the rule and the cases that are claiming to be just the application of the rule.

Thus, the following types of solutions may be proposed, some practical, other theoretical having as a departure point two totally opposite meanings. Practical solutions are based on the idea that the courts apply general rules based on legal and moral beliefs and they should not be otherwise because the law is "close to life" (Pfersmann, 2002). This explanation is obviously difficult to accept because it is based on a double confusion between law and morality and between law and factuality. It does not explain anything because it does not foresee from far what would be the function of the general rules and we should not be satisfied with the argument of establishing the institutional bodies framework over the imposition of a limited number of legitimate action. It was difficult, however, to accept that such a concept could be integrated into a sense of the idea of democracy as a legal system - which includes at least one of its elements - general rules - which imply that the implementation of the rules of law to show concretely what they provide and not in an unpredictable manner (Rabault, 1997).

Finally, the militancy that supports this theory which we qualified by the phrase "euphemism of judicial activism" is closely related to law practice opinion that acclaims it and can not welcome criticism without a huddle. This enthusiasm is facing opposition to all those who claim, for reasons more or less equivalent, contrary principles, proclaiming the fact that these decisions only promote injustice (Frydman, 2007).

CONCLUSIONS

The theoretical solutions are based on the attempt to explain them in a strictly legal manner, but borrowing two completely opposite ways: some make a "realistic" response, others a "normative" response. Some leads to the legal character of general rules with applicability in case-law, others consider these decisions as a legal dependent phenomena arising in consequence from a strict delimitation of parameters for this dependency in connect with the specific data to each legal system.

For those who share this explanation, the initial issue is only the original version of the general rules of punishment. Each position involves advantages and disadvantages. Realism has the merit to ally to the analysis of acts that are governing in a final manner the conflicts but at the same time determines as unable to explain their intra-legal justification. Normative instead gives intelligibility. Explanation of legal order evolution through concrete remains their priority task and law theory challenge the theory.

In contemporary French landscape the most representative school of thought is that who designed the realistic theory of interpretation. Considered to be a n original summary of a Kelsens’s empiricist tradition, it states the inexistence of law as a normative object ad as a consequence postulates the inexistence a fortiori of legal scientific activity. This theory only confirms the existence of a disciplinary study object - judicial decisions and authentic interpretations according to the principles of interpretation and a second object – dogmatic (Kelsen, 2000).

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analytical on the single pertinent thing, which is in the conception of theory supporters the legal interpretation. This theory used in the most offensive manner the analysis of legal language in relation to doctrinal dogmatism.

Realistic theory of interpretation is at the same time, the fiercest criticism ever made of pure theory. She tries to denounce such argumentative "weaknesses" demonstrating this by conclusions arising from immanent reconstruction of theory. Therefore it paradoxically contributes to the formation of a thinking efficient current on Kelsen’s heritage in France and in a more general manner to analytical epistemology of law.

BIBLIOGRAPHY

1. Ceterchi, I. Craiovan, Introducere în teoria generală a dreptului, Ed. ALL, Bucharest, 1993

2. Frydman, B. Le sens des lois, Deuxieme edition, Ed. Bruylant, LGDJ, Paris, 2007. 3. Jouanjan, O. Théories réalistes du droit , în Dossiers. Presses Universitaires de

Strasbourg, 2000, p. 54-56, 304

4. Kelsen H., Doctrina Pură a Dreptului, Editura Humanitas Bucharest, 2000

5. Manolescu, M., Ştiinţa dreptului şi artele juridice, Ed. Continent XXI, Bucharest, 1993 6. Mihai, Gh., Fundamentele dreptului: argumentare şi interpretare în drept. Bucharest:

Editura, Lumina Lex, 2000

7. Mihai, Gh., Fundamentele dreptului, vol.I-II,Ed. All Beck, Bucharest, 2003.

8. Pfersmann O., Critique de la théorie des contraintes juridiques, Actes du Colloque international consacré aux contraintes juridiques à Paris, octobre 2000, p.57.

9. Pfersmann, O., Contre le néo-réalisme juridique. Pour un débat sur l’interprétation, Revue Française de Droit Constitutionnel, Presses Universitaires de France 2002/2 - n° 50, p.281-302

10.Pfersamnn, O., Timsit G., Raisonnement juridique et interpretation, Publications de la Sorbonne, Paris, 2001

11.Popa N., Teoria generală a dreptului, Ed. All Beck, Bucharest 2005, p. 21.

12.Popa, N. R ducanu, A., Quelques considerations sur la notion de la méthodologie juridique, Bucharest University Annals, seria Drept, nr. 2/1983

13.Popescu, S., Iliescu, D., Problemele actuale ale metodologiei juridice, Ed. Ştiin ific şi Enciclopedic , Bucharest, 1979

14.Popescu, S., Teoria generală a dreptului, Bucharest, Editura Lumina Lex, 2000.

15.RABAULT H., L’Interprétation des normes : l’objectivité de la méthode herméneutique,

Paris, L’Harmattan, 1997.

16.Regis, D., Curs de mediologie generală, European Institute, Universitaria Collection Bucharest 2007.

17.Rosenfeld M., Les interpretations justes, Bruylant, LGDJ, Paris, 2000

18.Troper, M., Les contraintes argumentatives, Actes du Colloque international consacré aux contraintes juridiques à Paris, octobre 2000, p.35

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PRIORITIES FOR SUSTAINABLE DEVELOPMENT TO THE THIRD MILENIUM START

Lecturer PhD. Gabriela BUŞAN

Constantin Brancusi University, Targu Jiu, Romania, gabriela_busan@yahoo.com

Ec. Viorel Daniel CR CIUNESCU Constantin Brancusi University, Targu Jiu, Romania

craciunescu9@gmail.com

Abstract:

Improving of overall economic situation and social environment can be achieved by adopting a sustainable development, focusing on improving quality of men's life and environmental health. In the conditions of worsening crisis of the environment and natural resources is trying to adapt the economic system of competitive market economy and the conditions necessary to ensure an environment able to support sustainable economic development.

We should note that the transition to sustainable development requires action at all levels, local, regional, national and international. Understanding, support and involvement of strong local and regional level government, business, civil society at the individual level are therefore of fundamental importance for achieving sustainable development. Global responsibility requires each country to be aware of the impact it has on the rest of the world. The global responsibility also stresses that sustainability assessments are more significant when they are conducted in a global context, rather than in a regional or national level.

Keywords: sustainable development, present, future, shared commitment, collective responsibility, respect for human beings and the environment.

JEL Codes: A10, O11, O13, Q01, Q56

INTRODUCTION:

The work related to a theme addressed more often by contemporary science, on the relationship between the economy and natural environment. Capacity to sustain of the environment in relation to the requirements of sustainable development differs from one country to another and from one region to another region of the world. I embraced the idea that sustainable economic development of Romania must be supported by the environment conditions.

The concept of sustainable development is a test for the coexistence between environmental protection and economic development in a global optical and a long-term optic. Development in a long time is a new word for the older idea and of good omen, that there is no viable economy without natural resources and no management of these resources without economic rationality.

According to this, the mechanisms of economic and market studies represent the management tools if they become properly oriented and placed. After all, the very economic analysis and theory of externalities is one that shows us that the market does not take into account in "a spontaneous" manner the ecological sphere.

The international dimension of sustainable development put the following problem: the policy impact assessment of a country must take account of consequences over the rest of the world? Whatever it is, remains to be put in place the mechanism for taking into account the global aspects of sustainable development, in particular the financial transfers between developed countries and developing countries.

The timing framework of sustainable development is very important Acordingly to Pearce[7], “sustainable development is loyalty to the future”. We could devise a "sustainability a la Pearce" after which a generation would not be able to increase its welfare at the expense of other generations.Acordingly to Tietenberg[13], if a project maximizes present value of benefits, but entails losses for future generations, should be part of a share of profits obtained in a compensation fund "between generations”.

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of future generations? How to have into account the many projects undertaken by the private sector?

Pearce[7] stresses that the phenomena of non-changing, irreversibility and uncertainty requires maintaining a "minimum security natural stock" or more, applying a "principle of precautious”, after which the total stock of environmental resources should not diminish over time.

C. Henry[6] stresses that the interests of future generations involves an ethical imperative in the economic calculation. For this, he expected the application "principle co-proprietorship" which leads to environmental co-proprietorship between present and future generations. This principle requires the implementation of institutional mechanisms: the standard choice, the price of natural resources, the choice of update rate. Thus, the application of economic calculation is a necessary condition but not sufficient of sustainable development: we have an “institutional mediator”, guardian of the ethical imperative of co-proprietorship of the environment, safeguard the solidarity between generations.

In general, the minimum requirements for achieving sustainable development include:

ƒ resizing of economic growth, given a more equitable distribution of resources and enhancing the quality side of production;

ƒ eliminate poverty in terms of satisfying the essential needs for jobs, food, energy, water, housing and health;

ƒ conserve and enhance the natural resources;

ƒ ensuring population growth to an acceptable level (reduction of uncontrolled population growth);

ƒ maintaining the ecosystem diversity;

ƒ monitoring the impact of economic development on the environment; ƒ reorienting technology and the control of risks;

ƒ decentralization forms of governance;

ƒ increase the participation in decision-making and unify the decisions on the environment and economy;

In conclusion, it is accepted that without protection of the environment is impossible to make progress. Damage caused to nature and health undermines the foundations of health in the future productivity and vice versa, without economic growth are difficult to be procured the resources necessary to protect the environment.

Summit in Johannesburg has provided continuity of ideas and positions held in previous conferences, particularly those in Stockholm in 1972, and Rio de Janeiro in 1992, but at the same time, was a firm commitment of all people on world in sustainable development.

Representatives of all peoples in the world, meeting at the World Summit for Sustainable Development in Johannesburg have reaffirmed their commitment to sustainable development; have undertaken to make the world more human, more carefully and more respectful to the dignity of each; and have taken collective responsibility to make progress at local, national, regional and global economic development, social development and environmental interdependence and complementary pillars of sustainable development; they realized that humanity is at a crossroads, and were united in a responsible manner by a positive need to necessity to conceive a pragmatic plan of a high clear, leading to the elimination of poverty and foster the human development[11].

THREATS TO SUSTAINABLE DEVELOPMENT

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deepening disparities, deleting specific culture, proliferation of weapons of mass destruction, cross-border crime or terrorism.

By accepting these issues, the international community has recognized that one of the major problems of the current period is to find ways by which the positive effects of globalization to be maximized as possible and turn over all countries and peoples, while the potential adverse effects should be eliminated or reduced to a minimum level.

At present the world passes through a difficult phase in its history, which threatens mankind with an ecological catastrophe. Strategies for sustainable development at the beginning of the millennium should focus on eliminating the causes that determine the irrational use of human and material resources. Currently, the main threats to sustainable development are[5]:

ƒ increased poverty, which continues to affect one in five persons in developing countries, disease, cell family overdimension, criminal and drug use is increasing in many countries; the average income of the richest 20 countries it exceeds 37 times of the poorest 20 countries[1].

ƒ political instability, which lead sometimes violent conflict, hamper economic and social progress in many countries and regions. After 1990, issues of international peace and security have undergone extensive changes from the Cold War period, making necessary new approaches and new solutions, which requires strengthening the international institutional mechanisms and capacities of the international community to respond to threats quickly and effectively. Concepts rarely used in the past are now increasingly circulated, operations such as conflict prevention, peace and peacekeeping, rehabilitation and post-conflict peace-building.

ƒ continuing deterioration of the environment, there is a depletion of natural resources (soil erosion, deforestation, destruction of habitats and biodiversity, depletion of fisheries resources, decline and depletion within 25-30 years of global oil resources) and pollution phenomena in most countries; environmental damage nimicirea subject to many species of plants and animals, leading to disturbance of equilibrium of nature, which substantially restricts the ability of human survival.

ƒ threat of climate change ( tropical ciclons, floods, droughts and heat waves in some parts of the world), developing countries are most vulnerable to the effects of climate change worldwide, even if they contribute only minimally to the problem. Emissions of greenhouse gases may cause increases in average temperature on Earth. This can affect, in turn, the level of rainfall and wind direction can change the weather and can lead to rising of sea levels. Changes of such magnitude could have a devastating effect on natural ecosystems and on human society.

ƒ demographic increasing stresses these trends, even if the consumer of population matters more than the number of inhabitants. According to a U.S. study in the second half of the century will have a broad human movement from third countries to the rich countries, in 2050, the world will live 9.3 billion people compared to how many there are 6.3 billion today.

ƒ HIV / AIDS virus and other very serious diseases that undermine production capacities of countries and weaken social relations, leading to increased social disorder.

ƒ marginalize, many countries fighting against the effects caused by economic growth without force, a burdensome external debt, against corruption, violent conflict and social insecurity.

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SUSTAINABLE DEVELOPMENT OBJECTIVES AND WAYS OF THEIR REALIZED

Objectives of sustainable development proposed in the Summit in Johannesburg, accompanied by appropriate measures, seek the great contempt of our time, namely: the elimination of poverty; changing the mode of consumption; changing systems of production un-viable, protection and management of natural resources with development economic and social improvement of health; strengthening institutional mechanisms for achieving sustainable development at national and regional level.

These objectives are formulated on the background of the role requirements of mandatory prerequisites, without which the sustainable development is inconceivable Are taking into account[9]: ensuring peace, security and stability, respect for human rights, fundamental freedoms, cultural diversity, promote dialogue and cooperation between civilizations and peoples of the planet and ensure the universality of human dignity, etc., all these in order to achieve union in a effort designed to save the planet and promote human development.

Economic and social objectives must be defined in terms of time and priorities of national development because of what is sustainable in a given time or in a particular country by a certain level of development may be unsustainable in another era or another country in a given stage of development[2].

This observation links the nature of the development process, expressing two significant aspects: the appearance of regional or local level, which refers to the area which is located in the country for the establishment and development strategy, the group to which belong (developed countries or developing countries) and temporal aspect, which refers to the stage reached in economic development and degree of vulnerability of the economy as a result of the imbalance factors for development.

An important condition for achieving sustainable development is the simultaneous progress in several dimensions. To do this, economic policy, environmental policy, investment, research-development policy, employment, education, health etc. are designed to match the objections and actions under certain priorities[4].

Another condition, in fact related to the before condition, refers to adapting the concept of sustainable development to the specific conditions of each country. Each country has its own needs for economic growth, national characteristics and demographic features of the natural environment, namely a space built. Meaning of sustainable development is given just by the endogenous model of reconciliation between man and nature. This does not exclude, of course, the need for collaboration and cooperation (such as; enhancing the environmental management and implementation of national policies to increase demand for clean technologies that will accelerate technology transfer and technological cooperation).

Concrete ways of commission of these objectives is considered as representative the followings[3]:

ƒpollution control, resource management and broader considerations on the quality of life; ƒ creating effective institutional framework for the formulation and implementation of policies of the environmental protection;

ƒ promoting technological progress in favor of organic growth "ecological";

ƒ the need to make regulatory instruments to become more efficient and less costly;

ƒ a more widespread economic instruments, which reflects more accurately the relative scarcity, in order to provide market signals regarding environmental protection;

ƒ changing trends in production and consumption in order to maintain stock of rare resources and reduce pollution;

ƒ a greater use of proactive strategies in formulating and implementing policies for environmental protection;

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ƒ a more detailed analysis of the links between environment and economy as a way to develop indicators of environmental protection tend to measure progress and environmental protection

Since the pollution, like other processes, such as poverty, can not be isolated within the national borders, sustainable development has become a strategic goal for the entire humanity. I believe that the eco-awareness will resolve many conflicts today. Situations of potential conflict between environmental protection and economic growth or between industrial and developing countries, between generations, present and future have other causes. The debate will continue long time in the future.

Council of the European Union adopted on the 6 June 2006 renewed Strategy for Sustainable Development, for an enlarged Europe. It is designed document in a unified strategic vision and consistent with the overall objective of continuous improvement of quality of life for future generations by creating through sustainable communities capable of manage and use resources effectively and to exploit the potential for ecological and social innovation of economy to ensure prosperity, environmental protection and social cohesion. Key objectives proposed under this Strategy are :

ƒenvironmental protection, by measures enabling the decoupling of economic growth of the negative impact on the environment;

ƒequity and social cohesion, respecting fundamental rights, cultural diversity, equal oportunities and combating discrimination of any kind;

ƒeconomic prosperity by promoting knowledge, innovation and competitiveness to ensure high standards of living;

ƒfulfilment of international performance of the European Union in promoting democratic institutions in the service of peace, security and freedom of the principles and practices of sustainable development worldwide.

The transition to sustainable development marks entry of mankind in the environment medium in which development must take risks or even removed. To do this, it is necessary to change how people perceive a number of elements of life that they live. Through education, culture and science, people can overcome a perceptionl threshold, which means that to observe, to judge and act for the long term better, is heading towards a new moral frontier, which shows that the problem should be seen in the development of interdependence in space and time. Overcoming a perceptual threshold has a indispensable prerequisite information, so as to human communities aware of threats to their planeaz before such disasters to occur.

Sustainable development implies a new code of values to be realized in a general process of transition towards a sustainable society in which people can be attracted by new ways of life tidy and awareness of what can happen if they not change the manner of life[10].

Sustainable development may be the solution of all conflicts of conciliation provided by the condition that unanimous interests to converge towards human development. It is necessary that through the individual and collective efforts to ensure the transition from ideas to concrete facts, for sustainable development to be done really.

OBJECTIVES AND PRIORITIES OF SUSTAINABLE DEVELOPMENT IN ROMANIA

In our country, sustainable development pursuing objectives of economic, social and environmental stability.

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A second category of objectives includes activities generated by the external economic relations: foreign trade, capital movements which are found in the external balance of payments, foreign investment, etc.. Also among the objectives concerning the activities and objectives are set the objectives that relate to quality of goods and services prospects and their competitive ability in the domestic market and abroad.

The use of the social objectives of human resources and employment, education, training, information, training, health, leisure time use, equity and social assistance, etc.

Environmental objectives are the concrete objectives of environmental protection and nature conservation, to ensure biological diversity and sustainable use of non-renewable resources.

National Strategy for Long Period Development of Romania[12] starts from the premise that the achievement of accelerated growth and long-term in all three key components is the key to the gradual reduction in a short time the gaps that separate Romania from the EU average medium in terms of quality of life which ensure a real cohesion, both nationally and within the frame of European Union.

A prerequisite condition for achieving the objectives of sustainable development is the implementation of appropriate combinations of consistent macroeconomic policies, which ensure the sustainability of material resources and energy used for growth. Financing the strictly need investments to modernize and increase the competitiveness of productive sectors and services and infrastructure, capacity and improvement continued employment in accordance with the requirements of technical progress and technology.

To achieve its sustainable development, Romania needs, in addition to funds allocated by them itself, by significant investment and assistance. Scarcity of resources, which may occur from the preparation of strategies and development programs, or to appear along the way, raises the question of providing the necessary resources, even calling on external source.

Romania is not only a country with a natural capital and varied resources, but a credible partner for combination with other countries or international companies, although some weaknesses persist in the economic, institutional and social frame. Encourage partnerships between the public and private sector, of foreign capital and local, the optimum uptake, in accordance with the arrangements prepared of funds from the European Union and financial institutions and international economic is one of the guidelines of the National Strategy for Development of Romania.

CONCLUSIONS:

I believe that sustainable development includes economic growth, but not at any price. Each country has situations that can sacrifice the environment for a short term gain but long-term costs are usually higher than when working from the top as they should. The goal of sustainable development is a better quality of life of everyone, now and for future generations. Under this concept, environment, economic growth and social cohesion can and must go hand in hand. This vision can become reality with the policies relating to economic, social and environmental issues, finding the best balance between them and identify winning situations for everyone whenever possible.

REFERENCES:

1. ***World Bank – World Development Report;

2. Bran, F., Relationship economy-environment to the start of the third milenium, ASE Bucharest Publishing House, 2002;

3. Brooks, W., Report of the National Committee of Science and Technology for Development, Vienna, 1989;

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6. Henry, C., Eficacité économique et impératif éthique, Revue Économique, 1990;

7. Pearce, D., Markandya, A., Blueprint for a Green Economy, Earthan Publication, London, 1989;

8. Pezzey, J., Economic Analysis of Sustainable Growth and Sustainable Development, Washington, 1989;

9. Pohoa , I., Economic philosophy and sustainable development policy, Economic Publishing House, Bucharest, 2003;

10. Popescu, C., Ciucur D., B beanu M., Popescu I.,,The balance of referral, Efficient PublishingHouse, Bucharest, 1998;

11.*** ”Raport du [1] Sommet mondial pour le developpment durable”, Johannesburg, 26 aout – 4 sept. 2002 (www.Johannesburgsumit.org);

12. ***National Strategy for Sustainable Development of Romania, Horizons 2013-2020-2030; Document approved by Government Decision no. 2460 of 12.11.2008, published in the Official Gazette no. 824 of 8.12.2008, Bucharest, 2008;

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CLIMATE CHANGE AND ADAPTATION POSSIBILITIES OF THE TOURIST DESTINATIONS

Constan a ENEA Georgiana TANASOIU

University “Constantin Brancuşi” Tg-Jiu, Romania eneaconstanta@yahoo.com

Abstract:

In recent years have been collected more evidence showing major changes in terrestrial climate of the last century compared to pre-industrial period, which led experts from intergovernmental GIEC declare that "the climate warming is a reality." Due to the extremely close relationship that the environment and climate, tourism is considered a sector of the economy extremely sensitive to climate change. Regional manifestations of climate change are very important for tourist destinations and tourist and requires an adjustment of overall main sectors that form the tourism sector.

For tourism, climate change, not a phenomenon that will occur in an uncertain future, for various impacts are going to manifest in various destinations worldwide and climate change already exercised an influence in decision making in the tourism sector.

Keywords: Tourism, climate change, economic impact

JEL Classification: M16

INTRODUCTION

Representatives of tourism should not remain passive before the weather changes. They exist and they would already have to respond and try to adapt to new environmental conditions.

In the past years were gathered more and more proves which certify the major changes of Earth’s climate. After analyzing this century’s climate in comparison with the climate from the pre-industrial period, the inter-governmental experts from GIEC declared that the warming of the climatic system is a reality. The comparative analysis of the annual average temperature between 1850-1899 and 2001-2005 shows an increase of it with 76 ˚C. The raising of the temperature is mostly caused by people’s activities, activities which raised the concentration of gases with a greenhouse effect (GES).The raising of the average temperature had an impact upon the ice field, also it led to the warming of the oceans and to the raising of the seas level with approximately 3,1 mm/year between 1993-2003.

It has been recorded, on all continents, a biological reaction of the ecosystems and of different species of animals and plants. According to GIES the rhythm of climatic changes will accelerate due to the raise of GES emissions. This will lead to a raise of the oceans’ water temperature with 1,8-4,0 ˚C by the end of the XXI century. These climatic changes will be different from region to region. It’s likely that heat, heat waves will be more frequent; future tropical cyclones will be more violent, with richer rainfalls and stronger winds. The regions that will be affected by these climatic changes are numerous. The fact that in these regions are many important resorts leads to some measures regarding natural catastrophes. GIEC came to the conclusion that climatic changes will affect many countries that are now developing. In present the costs for reducing GES emissions are small in comparison with the costs that will appear after a major climatic change.

Because of the close relation between the environment and the climate, tourism is considered as an economical sector very sensible to climate changes. Regional changes of clime are very important for people when they choose their holiday destination.

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Another aspect we have to consider is the way in which tourism contributes to releasing GES in the atmosphere. These emissions may come from transportation or other activities done for the best accommodation of tourists.

Tourism must make a visible effort to reduce these GES emissions. The International Community admitted, in the Discussions at Vienna regarding climatic changes in 2007, that, by the middle of this century, these emissions must decrease to a level far inferior to those registered in 2000.

The main problem the touristic sector is facing is the introduction of a coherent political strategy which will allow the dissociation of the massive growth of tourism, dissociation which will be done through an increase use of energy and the raise of GES emissions if tourism can contribute to the cutting down of poverty and will play a major part in fulfilling The Millennial Objectives for development set by ONU. The Conference from Djerba, 2003 (the first international conference dealing with the climate and tourism changes) was a waking sign for realizing the effects that climate changes have upon tourism. The declaration from Djerba set a base for future research and decisions related to the ways we can reduce global warming.

Many companies and associations from the touristic sector have already adopted some measures, this way establishing, by their own choice, some objectives to reduce GES emission. They participate to a series of campaigns promoting the problems that climatic changes cause and they sustain the introduction of laws which refer to the problem of climatic changes.

THE IMPACT AND THE ACCOMMODATION OF TOURISTIC DESTINATIONS.

The touristic sector and touristic destinations are very sensible to the various climate changes: clime establishes the length and quality of touristic season and it plays a major part in choosing the destination for our holiday. Climate has big influences upon a large number of natural resources which are points of touristic interest. Some of these are snowing conditions, the productivity and biodiversity of fauna and flora, the level and quality of waters and others.

Scientists have identified four main categories of impacts caused by climate changes and which can have consequences to the competitivity and tenacity of touristic resorts.

Direct climate impact.

Climate is a natural resource for tourism, but only as long as it contributes to a longer life for the resort, determines the length of the touristic season, the usage of cooling devices (air conditioning) or producing artificial snow.

The changes in the length and quality of touristic seasons depending on climate (like balneary or winter sports holidays) may have considerable implications regarding the resorts hierarchy, their competitivity and also their profits. These changes in clime may lead to serious prejudice to the general and touristic infrastructure, special needs to prepare for emergency situations, the raising of the amount of money spent on working services (insurances, water and energy reserves in case of emergency, eviction) and in case commercial activities are suspended.

It is very likely that we will witness a movement of the clime favorable for tourism to a higher latitude or altitude while a series of very popular resorts today (The Mediterranean Basin for balneary tourism) will face a deterioration of their services. There are also proofs that some resorts famous for their winter sports done on natural snow, will be facing some serious problems. Even if they use artificial snow, we will be witnessing a cutting down of the sky industry in The European Alps, North America’s east and west mountains, in Australia and Japan and the impacts forecasted for these resorts are very different.

The indirect impact of the climate’s change.

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worldwide as well as local. The changes in water supplies, the loose of biodiversity, prejudices brought to landscapes, agriculture damages, raised natural risks, shores’ erosion, the high number of diseases will have an impact, at different level each, upon tourism. Opposed to direct climate changes which can have good effects, indirect impacts have a higher probability to have negative effects. Mountain resorts, insular resorts and the ones on the coast are considered to be extremely sensible to environment’s changes caused by climate. UNESCO has identified some sites of the Worldwide Patrimony, which are very important touristic destinations and which are extremely vulnerable to these changes:

- Venice, which is affected by the raise of the sea level;

- The Great Coral Barrier which will suffer after coral’s disappearance;

- The Chan Chan archeological zone from Peru which will face flooding and erosion caused by the exacerbation on the El Nino phenomenon;

- The Waterton National Park of Icebergs where it is recorded a glacial rebuff.

Even if, after the Conference from Djerba, there were done important steps in the understanding of climate’s changes impact upon touristic destinations, there still are important regions from Africa, The Caribbean, South America, Middle Orient and a large part of East Asia which haven’t been studied.

The impact of the remission policy upon tourists’ movement.

National or international policy for the remission of global warming – including policies for reducing GES emission – is risking affecting tourists’ flow. They will be seen in higher transportation costs, as a negative effect, but could also contribute to a change of behavior towards the environment, determining the tourists to change the structure of their voyages (for example, by choosing means of transport less polluting or by choosing closer destinations). The destinations which are further away from tourists’ provider countries are risking being the most affected and countries from SE Asia, Caribbean, Australia or New Zeeland showed interested by the fact that the policies for reducing emissions could affect not only their tourism but their whole economy. These policies will be a chance for the means of transport with a low carbon emission, like busses and trains, and will allow the redevelopment of the resorts closer to the tourists’ provider countries.

The indirect impact of the society’s change.

It is estimated that climatic changes will represent a risk for future raise of the economy and also for the political stability of some countries. Stern Review considers that a global warming with only 1˚C will be advantageous for world’s PIB, but a bigger raise will have a negative impact upon world’s economy. For the national and international security, the climatic change is considered a risk which will get higher if the worst scenario will accomplish. These kinds of risk were identified in many regions where tourism is important for local and national economy.

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Adjustment strategies for mountain resorts

ADJUSTMENT TO THE DESTINATIONS

Every company and touristic resorts must adjust to the weather changes in order to minimize the risks coming from them and to benefit from the new opportunities as well as they can and for as long as possible. From all the parts involved into tourisms, the ones with the highest ability to adjust are tourists (they depend only of three main resources: money, information and time) who can benefit of some kind of freedom in choosing the resorts affected by weather changes or to change their travelling period in order to avoid unfavorable weather conditions. The services’ providers from touristic resorts (hotel-keepers, leisure centers, casinos and others) have a lower capacity of adjustment; the big travelling agencies which do not own the infrastructure endowments from the resorts are by far easier to adjust than the others, they just cut off from the catalogue the destination which was affected by climate’s change and they can simply add another touristic resort which has great potential for development under the new weather conditions.

The dynamic nature of the touristic industry and its ability to face a large number of major shocks was proven by the challenges it dealt with at the beginning of the millennium: SRAS, terrorist attacks or tsunami in The Indian Ocean in 2004. We must not consider this capacity as being worldwide present; it is different from a sector to another, from a resort to another or from a company to another.

While trying to adapt, the touristic sector used a large number of measurements depending on the climate’s variability. These measures regarded different fields of activity, from the technological one to those of transaction, education, policy or behavior. Many research activities focused upon the effect climate’s change has upon resorts or upon special touristic sectors like the ones for winter sports.

Alternatives to ski tourism

technical others

Ski tourism maintenance

snow cannons

the arrangement of

present slopes

projects for slopes at higher

altitudes

cooperation

prices modulation

touristic societies at 2

levels

diversity exploitation of

Referências

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