ENVIRONMENTAL SECURITY IN ALGERIA - BETWEEN LEGISLATIVE REQUIREMENTS AND ENVIRONMENTAL REALITY DEMANDS
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Abstract
In recent years, there has been increased interest in two important aspects of human life, the first of which is the development and the necessities of economic and living life, which requires serious efforts to advance the state towards progress and prosperity, and the second is preserving the environment and the impact of development on it and public health and the rights of future generations. Through this approach, the importance of environmental security appears as an influence in protecting individuals, keeping pace with development requirements, and limiting the spread of emerging epidemics.
Accordingly, we will try through this research paper to clarify the legislative development of the concept of environmental security in Algeria, as well as the mechanisms and efforts of the legislator in achieving it.
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References
The Holy Quran.
Abd Alwahab Rajab Hicham bin Sadiq, Environmental Pollution, King Saud University, Scientific Publishing and Printing, Kingdom of Saudi Arabia.
Article 1 of the old Environmental Protection Law defined its objectives as protecting natural resources, restructuring them and adding value to them, preventing and combating all forms of pollution and damage, and finally improving the living environment and its quality.
Ben Ahmed Abdel Moneim, Legal and Administrative Means for Environmental Protection in Algeria, a thesis for a doctorate in public law, Ben Youssef Ben Khedda University, Faculty of Law, Ben Aknoun, Algeria, academic year 2008-2009.
Ben Mansour Abdel Karim, Ecological taxation for environmental protection in Algeria, a thesis for a master's degree in law, Mouloud Memri University - Tizi Ouzou, Algeria, 2009.
Constitution of 1963 dated September 10, 1963, Official Gazette No. 64 dated September 10, 1963.
Decree No. 03-87 related to urban planning, Official Gazette, No. 05, dated November 27, 1987, repealed by Law No. 20-01 dated December 12, 2001, related to regional planning and sustainable development, Official Gazette No. 77 dated December 15, 2001.
Decree No. 13-85 of January 26, 1985, setting the conditions for the use of beaches, Official Gazette No. 05, dated January 27, 1985.
Decree No. 14-85 of January 26, 1985, setting the conditions for the allocation and exploitation of camping sites, Official Gazette No. 05, dated January 27, 1985, amended by Executive Decree No. 138-01, dated May 26, 2001 Official Gazette No. 30, dated May 27, 2001.
Decree No. 156-74, including the establishment of a National Environment Committee, Official Gazette No. 59, dated July 23, 1974, and repealed by Decree No. 77-119, dated August 15, 1977, including the termination of the activities of the National Environment Committee, Official Gazette No. 21, 1977.
Decree No. 378-84 of December 15, 1984, setting the conditions for cleaning, collecting and treating urban solid waste, Official Gazette No. 66 of December 16, 1984.
Decree No. 457-83, dated June 23, 1983, establishing the National Agency for Environmental Protection, Official Gazette No. 31, dated July 26, 1983, repealed by Executive Decree 107-95, dated April 12, 1995, defining the organization of the General Directorate of the Environment, Official Gazette No. 23, dated April 26, 1995, and repealed by Executive Decree No. 09-01, dated January 7, 2001, organizing the central administration in the Ministry of Territorial Planning and Environment.
Decree No. 458-83 of July 23, 1983, setting the model basic law for national parks, Official Gazette No. 31 of July 26, 1983, amended by Executive Decree No. 216-98 of June 24, 1998, Official Gazette No. 46 of June 24, 1998.
Decree No. 509-83 of August 20, 1983, relating to protected non-domesticated animal species, Official Gazette No. 35 of August 23, 1983.
Decree No. 82-440 of December 1, 1982, ratifying the African Convention on the Conservation of Nature and Natural Resources, signed on September 15, 1968 in Algiers.
Executive Decree 02-115, dated April 3, 2002, establishing the National Observatory for the Environment and Sustainable Development, Official Gazette No. 22/2002.
Executive Decree 02-175 of May 20, 2002, defining the powers of the National Waste Agency - its formation and how it operates, Official Gazette No. 37/2002
Executive Decree 04-113, dated April 13, 2004, establishing the governorate, its management and its tasks, Official Gazette No. 25, issued on April 21, 2004.
Executive Decree No. 20-357, dated 11/30/2020, defining the powers of the Minister of Environment.
Executive Decree No. 94-465 dated December 25, 1994, establishing a Higher Council for Sustainable Development, defining its powers, organization and work, Official Gazette No. 01/1995.
For more details on these tools, see Articles 6 to 68 of Law No. 10-03 on the protection of the environment within the framework of sustainable development.
Khenich Senoussi, The Strategic Dimensions of International and Regional Environmental Protection Management, A Critical and Authentic Study According to the Perspective of Developing Countries, an article published in the Journal of Law and Human Sciences, Issue 01, University Center Ziane Achour in Djelfa, 2008.
Kiss Alexendre: "International Environmental Law", Pedone, 1989, p.18 and following. and see the file environment and development, the challenge of the 21st century, alternatives, economic, July August 2002.
Law 01-19 of 12/12/2001 on waste management, monitoring and removal.
Law No. 03-83, related to environmental protection - repealed.
Law No. 08-90 containing the Municipal Law, Official Gazette, No. 15, dated April 11, 1990.
Law No. 09-90 containing the Wilaya Law, Official Gazette, No. 15, dated April 11, 1990.
Law No. 10-03 of July 19, 2003 relating to environmental protection within the framework of sustainable development, Official Gazette No. 43 of July 20, 2003.
Majed Ragheb Al-Helou, Environmental Protection Law in Light of Sharia, University Publications House, Faculty of Law, Alexandria University, Egypt, 1999.
Mohamed Ghribi, Environmental Control in Algeria, Master’s Thesis, University of Algiers 1, Algeria, 2015.
Order No. 03-01, dated August 20, 2001, relating to investment development, Official Gazette No. 47, issued on August 22, 2001.
Order No. 57-76 dated July 5, 1976, publishing the National Charter of 1976, Official Gazette No. 61 dated July 30, 1976.
Order No. 71-73, dated November 8, 1971, including the agricultural revolution, Official Gazette No. 97, dated November 30, 1971, repealed by Law 90-25, dated November 18, 1990, including the land orientation, Official Gazette No. 49, dated November 18. 1990.
Order No. 75-43, dated June 17, 1975, containing the Grazing Law, Official Gazette No. 54, dated July 8, 1975
Order No. 97-76 dated November 22, 1976, promulgating the Constitution of the People's Democratic Republic of Algeria of 1976, Official Gazette No. 94 dated November 24, 1976.
Presidential Decree 438-96, dated December 7, 1996, including the publication of the constitutional amendment, Official Gazette No. 76, dated December 8, 1996.
Presidential Decree 95-163 of June 6, 1995, ratifying the Convention on Biological Diversity, signed in Rio de Janeiro, on June 5, 1992.
Presidential Decree dated February 28, 1989, including the publication of the constitutional amendment, Official Gazette No. 09, dated March 1, 1989.
Presidential Decree No. 20-442, dated December 30, 2020, including the constitutional amendment of 2020.
Presidential Decree No. 22-86 dated February 9, 1986. publishing the National Charter of 1986, Official Gazette No. 7 dated February 16, 1986.
Presidential Decree No. 93-99 of 06/06/1993, ratifying the United Nations Framework Convention on Climate Change, approved by the United Nations General Assembly on May 9, 1992.
REDDAF Ahmed, L’approche fiscale des problèmes de l’environnement .
Sharaf Ibrahimi, The Environment in Algeria from an Economic Perspective in Light of the Ten-Year Strategic Framework 2001-2011, Journal of the Researcher, Issue 12, Algeria, 2013, p. 101.
Wanas Yahya, Crystallization of Sustainable Development through the Algerian Experience, Journal of Legal and Administrative Sciences, Issue 1, Algeria, 2003.
Wanas Yahya, Local Selection Guide for Environmental Protection, Gharb House for Publishing and Distribution, Algeria, 2003.