| المستخلص: |
Allah created the environment that we live in for us with its three kinds : the air , water , & earth . And he made every thing with the appropriate portion & he created it so as to get benefit from every possible thing & he ordered us to preserve this environment & not to pollute it so as to get benefit from it as Allah created it for us. However, man disobeyed what Allah told him , & he started to pollute the environment with all kinds of pollutions & Allah said in the Holy Koran “ Corruption appeared in the land & sea due to man’s deeds to show them some of what they did , hoping to repent to Allah “ 1 . Man’s right to have an appropriate & clean environment is considered as one of the most important man’s rights in the third generation from the menu of man’s rights which is based on social cooperation among individuals & country’s right to protect these rights , Scientific progress in technological fields led to violations on the environment then to man’s rights . The issue of this period of time is environmental pollution that affects man’s hopes & future , we can’t imagine that the problem of environmental pollution as a local one ; in the way that it is special for a certain country or a place . The problem exceeds the limits & destinations & became a universal case , that all people suffer from it regardless of the place . The problem of pollution became a common universal thing in our contemporary world , it can be transferred from one place to another through out the international trade , & what led to transferring polluted food from production regions to consumption ones ,-also the wind as well as water waves contribute in transferring pollution from the contaminated places to healthy ones . In addition to that , we live in the Era of Information & universal communication which led to a global political , legal & knowledge transfer , even one of the biggest thinkers in our period of time described it as the era of global damages , starvations , & planets wars . From that , the damages of the environmental pollution exceed the limited geographic limitations to the direct compromising of the national & human security. Hence , the subject of protecting the environment , the necessity of keeping it & how to face the resulting effects from pollution is one of the subjects that interests International conventions & national legislations as well as Jurisprudence in all its fields in the way that most of different studies from all those who are interested in it in the legal studies . I confirm from this context that keeping human environment clean & free from pollutions is one of the tasks & responsibilities of the country in its new meaning , & it became expensive especially when man’s right for having a clean environment is one of the main rights for man that most of the constitutions of the advanced countries mentioned it . From this point , it is fair that the lawyer shouldn’t be just a means to manage justice , but he also should apply the legal text after explaining and understanding it , and he should perform this role when he is not related to the environmental , legal , political and social enviroment that he lives in . Moreover , he should observe the local & international changes & alterations that occur in the society around him , & he should balance the different explanations that suit the changes that occur around him as well as the changes in the legal systems . Each right should have a duty , the person who has the right should have a necessary duty for his right & respect it otherwise he will bear the legal responsibility & the penalty that the law states. Violating the duties & commitments related to protecting the environment should led to punish the violated person in the local & international laws & he should repair the damages that led to that violation & this is the responsibility for the damages of the environment , the legal basis of the responsibility for the damages of the environmental pollution whether in the national systems or in the international law, each mistake that causes harm to the others , obliges the person who made the mistake to compensate for that loss , or that the country that made an illegal work should , according to the international law , compensate the country that had a great loss & damages . These were the traditional theoretical instructions , a mistake or an illegal work is the main responsibility , when it is negated , then there will be no responsibility for any damages or losses . Though these instructions keep up with normal activities that led to damages to others , they don’t suit what the scientific & technological modern progress led to from practicing activities , we can’t say that they are wrong or violate to the rules of the law , & from here the risks of the new environment which belong to Communication & Information Era , the modern technology , invasion of the geography of countries with modern accurate scientific weapons , & the negligence of what led the traditional law theories in a big scientific & legal crisis, all that obliges development , uses rules & new environmental legal legislations to keep up with the atomic era , software , & modern technology . Thus, the development of the mistake idea as a basis for the responsibility of the country for the damages of the environmental pollution is one of the subjects that has a special nature , there are many aspects that make it special as well as problems that arise it . Hence , I decided to do a research about this issue , hoping to highlight a significant & important subject that makes us think about it , I hope from Allah that I succeeded through this effort to get back some of the rights of the home & science from us.
|
