THE LIMITS OF PROTECTION ESTABLISHED FOR THE RIGHT TO THE ENVIRONMENT IN ALGERIAN LEGISLATION
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Abstract
Due to the severe environmental assaults witnessed in the first half of the 20th century, numerous conferences and international agreements were held to mitigate these issues, particularly those resulting from the increasing industrial activity that disregarded environmental considerations. Consequently, interest in environmental protection and the recognition of the right to a healthy environment began at the international level. The first environmental conference, held in 1972, advocated for the necessity of environmental protection and marked the actual birth of the human right to a healthy environment. The Algerian legislator has kept pace with this international interest. Algeria has ratified numerous international agreements related to environmental protection, ensuring their incorporation into national law. This commitment is reflected in various protective mechanisms, including constitutional protection, albeit delayed, as well as administrative, preventive, and deterrent measures.
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References
Constitution of 1963, Official Gazette No. 64, dated September 10, 1963.
Constitution of 1976 issued by Presidential Decree No. 76-69, dated November 22, 1976, Official Gazette No. 94, dated November 24, 1976.
Constitutional Amendment 1989.
Constitutional Amendment 1996, Presidential Decree No. 96-438 dated December 7, 1996, related to the constitutional amendment text approved by referendum on November 28, 1996, Official Gazette No. 76, dated December 8, 1996.
Constitutional Amendment 2016, Law No. 16-01 dated March 6, 2016, Official Gazette No. 14, dated March 7, 2016.
Constitutional Amendment 2020, Official Gazette No. 82, dated 15 Jumada al-Awwal 1442 corresponding to December 8, 2020.
Legal Texts:
Maritime Law No. 76-80 issued on October 23, 1976, amended by Law 98-05 dated October 6, 1998.
Environmental Protection Law No. 83-03 dated February 5, 1983, Official Gazette No. 06 issued on January 28, 1983.
Forest Law, issued by Presidential Decree No. 84-12 dated June 23, 1984, Official Gazette No. 26.
Waste Management Law No. 01-19 dated December 12, 2001, Official Gazette No. 77 issued on December 15, 2001.
Finance Law No. 01/02 dated December 28, 2001.
Law No. 17-07 dated 28 Jumada al-Thani 1438 corresponding to March 27, 2017, Official Gazette No. 20 issued on 1 Rajab 1438 corresponding to March 29, 2017.
Presidential Decree No. 89-18 dated November 28, 1989, containing the constitutional amendment text approved by referendum on February 23, 1989, Official Gazette No. 9 dated March 10, 1989.
Presidential Decree No. 20-442 dated 15 Jumada al-Awwal 1442 corresponding to December 30, 2020, regarding the constitutional amendment approved by referendum on November 1, 2020, Official Gazette No. 82 dated 15 Jumada al-Awwal 1442 corresponding to December 30, 2020.
Executive Decree No. 21-37 dated 22 Jumada al-Awwal 1442 corresponding to January 6, 2021, concerning the formation of the National Economic, Social, and Environmental Council, Official Gazette No. 3 dated 26 Jumada al-Awwal 1442 corresponding to January 16, 2021.
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Books:
Idris Boukar, Constitutional Development and Crisis Situations, Parliamentary Thought Magazine, Issue 7, 2004.
Ismail Najmuddin Zankneh, Environmental Administrative Law - Comparative Analytical Study, Halabi Legal Publications, 1st edition, 2012, Beirut, Lebanon.
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Theses:
1 Doctoral Dissertations:
Aliwi Fares, Principle of Joint and Several Responsibility in International Environmental Law, Dissertation submitted for the degree of Doctor of Science, Environmental Law, 2019-2020.
Wafi Hajja, International Protection of the Environment within the Framework of Sustainable Development, Dissertation submitted for the degree of Doctor of Science, Law, Faculty of Law and Political Science, Abdelhamid Ibn Badis University, Mostaganem, 2018-2019.
2 Master's Theses:
Hamida Jameela, Legal Means for Environmental Protection - Study in Light of Algerian Legislation, Thesis submitted for the degree of Master, University of Blida, 2001.
Shayeb Nasrin, Right to the Environment - Master's Thesis in Law, Environmental Law specialization, Faculty of Law and Political Science, Mohamed Lamine Debaghine University, Setif 2, 2016.
Scientific Articles:
Belmektar Hassina, Guarantees of Human Rights and Fundamental Freedoms under the 2020 Constitutional Amendment - Constitutional Court, Volume 5, Issue 2, 2021.
Dayikha Farouk, Kossa Ammar, Affirmation of the Right to Environment and Sustainable Development in the 2016 Constitutional Amendment, Journal of Legal and Political Research, Volume 2, Issue 2, Faculty of Law and Political Science, Mohamed Lamine Debaghine University, Setif 2, Algeria, 2020.
Sharati Khaira, Effectiveness of Environmental Administrative Mechanisms in Environmental Protection, Al-Ijtihad Journal of Legal and Economic Studies, Volume 9, Issue 2, Tamanghast University, Algeria, 2020.
Marzouk Mohammed, Constitutional Protection of the Environment under the Algerian Constitutional Amendment of 2016, Al-Ijtihad Journal of Legal and Economic Studies, Volume 9, Issue 3, 2020.
Wanas Yahya, Right to Environment in Algerian Legislation from Declaration to Affirmation, Journal of Jurisprudence and Judicial Studies, Volume 1, Issue 2, Institute of Islamic Sciences, University of Ouargla, Algeria, 2015.
Conference Contributions:
Ben Diab Massinas, Administrative Control as a Mechanism for Environmental Protection in Algeria, Contribution to the International Conference on Mechanisms of Environmental Protection, Tripoli, Lebanon, Center for Scientific Research Generation, Conference Proceedings Book Series, 2017.
Foreign Language References:
Kahloula, M. Mohamed, Environment and Human Rights in Algeria. SADIC Proceedings of the annual congress from April 2 to 5, 1991.
KAHLOULA MOHAMED, Legal Aspects of Environmental Consideration in Development Strategy, Algerian Journal of Legal and Political Sciences, Volume 34, No. 4, 2001, P 60.