THE LEGAL SYSTEM FOR ENVIRONMENTAL PROTECTION AS A PREREQUISITE FOR ACHIEVING SUSTAINABLE DEVELOPMENT

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ZOUAOUIA LAROUI

Abstract

Sustainable development is considered one of the means to increase human well-being, but what has happened is the opposite, where development has become one of the means that contributed to the depletion of environmental resources and the creation of pollution within it. Such a development can be described as a development that benefits the economy more than the environment or people, it is an “economic development” and not an “environmental development” that benefits from environmental resources and exploits them to serve the economy, which has led to the emergence of many problems.


Therefore, it is necessary to recognise the regional and international efforts to promote sustainable development in the Arab region with the aim of providing a clean, safe and sustainable environment for future generations through the implementation of development policies characterised by the integration of the environmental element and the balance between the priorities of economic growth.

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References

First: References

A - References in Arabic:

- Kamal, Mouayfi. (2016). Administrative control and environmental protection (analytical study in the light of Algerian legislation). Alexandria: Dar Al-Jamiah Al-Jadidah.

- Ahmed, Lekhal. (2015). The legal system for environmental protection and economic development. Algiers: Dar Houma for Printing, Publishing and Distribution.

- Hichem, Bashir. (2011). Environmental Protection in the Light of the Provisions of International Humanitarian Law. 1st ed. Cairo: The National Centre for Legal Publications.

- Alaa Al-Dhawi, Basita and Hichem, Bashir. (2013). Environmental and Cultural Heritage Protection in International Law. 1st ed. Cairo: The National Centre for Legal Publications.

- Mohamed, Khaled Jamal Rustom. (2006). The legal organisation of the environment in the world. Publications of Al-Halabi Legal.

- Ismail, Nadjm al-Din Zankana. (2012). Environmental administrative law (comparative analytical study). 1st ed. Beirut: Al-Halabi Legal Publications.

- Nouzad, Abdul Rahman Al-Haythi and Hassan, Ibrahim Al-Muhandi. (2008). Sustainable Development in the State of Qatar (Achievements and Challenges). 1st ed. Doha: The Permanent Population Committee.

- Rami, Lotfi Kalawi. (2013). Dialogue on the Guidance of Islam in Sustainable Development. 1st ed. Dubai: Department of Islamic Affairs and Charitable Work.

- Boumdin, Tashma. (2016). Sustainable development and environmental management between reality and development needs. 1st ed. Alexandria: Al-Wafa Legal Library.

References in French:

- Sandrine, M, j-d. (2000). The effectiveness of European environmental law: Monitoring implementation and sanctions for non-compliance. Paris: La Documentation Française.

- Jean, M, L. (1988). International environmental law. Paris: Ellipses / Edition Marketing S.A.

- Jean, C, M., & Michel. (1997). The European Community and the Environment (Angers Colloquium). Paris: La Documentation Française.

II: Journals (Articles)

A. Journals in Arabic

- Ahmed, Lamoi. (2013). The problematic contradictory relationship between economic growth and environmental protection (a reconciliatory approach). The Researcher Journal, Volume 12, p. 89.

- Aqeel, Hamid Jaber Al-Helu and Abdul-Rasoul, Jaber Ibrahim and Haidar, Houssein Adafa. (2013). The economic impact of environmental pollution: Risks, costs and treatments (Iraq as a case study). Al-Qadisiyah Journal of Administrative and Economic Sciences, Volume 15 (Issue 01), p. 45.

- Ali, Qabousa and Hamza, Taybi. (2014). The system of sound environmental management and sustainable development in rural areas. Journal of Social Studies and Research, Issue Four, pp. 182-183.

- Moubarak, Fatima. (2016). Sustainable development: Its origins and emergence. Electronic Cities Environment Journal, Issue 13, pp. 13.

- Rida, Deeb and Suleiman, Maha. (2009). Planning for sustainable development. Damascus University Journal for Engineering Sciences, Volume Twenty-Five (Issue 01), p. 489.

- Abdullah, Hassoun Mohammed and Mahdi, Saleh Dawai and Israa, Abdul-Rahman Khaider. (2015). Sustainable Development: The concept, elements and dimensions. Diyala Journal, Issue 67, p. 349.

- Howaidy, Abdul-Jaleel. (2014). The interactive relationship between ecotourism and sustainable development. Journal of Social Studies and Research, Issue 09, p. 220.

b - Journals in French.

- Emmanuel, R., & Diego, M. (2012) the integration of sustainable development in management education, literature review, number 03. P 07.

Third: Theses and dissertations.

a - Arabic theses and dissertations.

- Ben Ahmed, Abdelmonem. (2009). The legal and administrative means of environmental protection in Algeria. Doctoral thesis in Public Law - Faculty of Law. University of Algiers Ben Youcef Ben Khedda - Benaknoun.

- Wanas, Yahia. (2007). The legal mechanisms for environmental protection in Algeria. Doctoral thesis in Public Law - Faculty of Law. Abou Bekr Belkaid University - Tlemcen.

- Bousebain, Tafsirdit. (2015). The impact of climate change on sustainable development in Algeria (a prospective study).Doctoral thesis in Management Sciences, Ahmed Boukhlef University. Boumerdes.

- Hassouna, Abdelghani. (2013). The legal protection of the environment in the context of sustainable development, Doctoral thesis in Law. Faculty of Law and Political Sciences. Mohamed Khider University. Biskra.

- Asmani, Khadija and Omoman, Ghalya. (2013). The issue of sustainable development in Algeria, Bachelor’s thesis in political science. Faculty of Law and Political Sciences. Kasdi Merbah University. Ouargla.

- Nayef, bin Nail bin Abdulrahman Abu Ali. (1432 AH). Sustainable development in traditional architecture in the Kingdom of Saudi Arabia (a case study - Hijaz region). Master’s thesis, College of Engineering and Islamic Architecture. Umm Al-Qura University. Kingdom of Saudi Arabia.

b - Letters and memoranda in French.

- Fanny, R. The environment and sustainable development in France, for the degree of Doctor of Geography and Planning, University of Pau and the Pays de l’Adour, Faculty of Humanities and Social Sciences. France.

Fourth: Research and studies.

- Sami, Zaabat and Abdel Hamid, Margit. (28-29 April 2015), “Mechanisms for Environmental Protection and their Role in Achieving Sustainable Development in Algeria, a paper presented within the activities of the First International Colloquium on the Relationship between the Environment and Development: Reality and Challenges”, Jijel: Mohamed El-Saddik Ben Yahia University.

- International Labour Office. (2013). Sustainable development, decent work and green jobs. International Labour Conference. Fifth Report - 102nd Session. Geneva.

- Abdullah, Mohammad Hano. Mechanisms for Environmental Protection in Islamic Law. A research paper presented at the Second International Conference on: The Right to a Healthy Environment in International and National Legislation and Islamic Law.

- Khaled, bin Mohammad Abu Al-Lif. (21-23 December 2014). Energy, Environment and Sustainable Development, The Tenth Arab Energy Conference. Abu Dhabi: United Arab Emirates.

- Moustafa, Jalil Ibrahim Al-Zoubaidi and Ammar, Khalil Ibrahim Al-Zoubaidi. (24-25 November 2009). The Impact of Environmental Economics on the Spatial Location of Investment Projects, a research presented at the Fifth Scientific Conference of the Higher Institute of Urban and Regional Planning for Postgraduate Studies. Baghdad: University of Baghdad.

- World Summit on Sustainable Development. (2002). Johannesburg.

Fifth: The Laws.

A. Laws in Arabic language.

- Law (03, 1997) related to the protection and improvement of the Iraqi environment.

- Kuwaiti Law (42, 2014) relating to the protection of the environment. Amended in some of its provisions by Law No. 99 of 2015.

- Law (03, 01) of 17 February 2003 relating to the sustainable development of tourism.

- Law (03, 01) of 19 July 2003 on the protection of the environment in the context of sustainable development.

B. Laws in French.

- 1 Law (n118, 2006), chapter 03. Law on Sustainable Development, presented on 13 June 2005, approved in principle on 15 November 2005, adopted on 13 April 2006, approved on 19 April 2006, Official Gazette of Quebec, 2006.

- 2 Framework Act (No. 99, 12) establishing the National Charter for the Environment and Sustainable Development.