![]() | يوجد فقط 14 صفحة متاحة للعرض العام |
المستخلص The study of legal mechanisms for the protection of the environment is linked to a general context that affects its effectiveness. This general context includes multidisciplinary data, including international aspects, internal and technical aspects, planning, financial policy, organizational and institutional aspects, the participation of various actors as well as the report of administrative, In the case of contamination of the environment. Since any crime related to the pollution of the sea adversely affects the vital interests of the human being, the existence of an effective legal tool aimed at preventing the attack on the marine environment and the suppression of the perpetrators of these crimes in case of aggression is one of the most effective mechanisms in this area. Legal mechanisms will be studied as legal protection of the environment requires a systematic approach to employ the various legal mechanisms available to protect the environment. The study also aims to identify the legal rules and standards related to Kuwaiti law and the law in some Arab Gulf countries, which govern the environment as data to determine the basis of effective criminal policy for the protection of the environment and the burden of developing the provisions of criminal protection. Identify the availability of technical and legal mechanisms in the Kuwaiti legislator and in some Gulf countries. Knowledge of the marine environment in the Arabian Gulf Identify the institutions stipulated by the legislator in Kuwait and in some Gulf countries to implement the technical means stipulated by the law to reduce the oil pollution of the Gulf waters. Identify the nature of oil pollution and its impact on the marine environment 2 Approach: Due to the nature of the problem presented and to achieve the objectives established, we have seen that the most appropriate for this study is to rely on the analytical descriptive method mainly, and the method of comparative and historical secondary. The study also pointed to the following results: In this study, we conclude that the mechanisms available to protect the marine environment at the international level are still below the required level due to the disparity of the countries in the world in their economic and technical capabilities, weak coordination among countries, especially at the regional level, Of the environment. Thus, the first hypothesis, which states: - Examination of the availability of technical mechanisms in reducing oil pollution to protect the marine environment in the Kuwait Environmental Protection Act 42 of 2014 compared to the law in some Arab Gulf countries It is clear from the previous thesis that all 21 articles lack the hypothesis that the General Authority for the Environment is to protect the aquatic environment if it does not mention in any of the articles (21) anything related to the relation of the General Authority for the Protection of the Environment to the marine environment from near or far. And that the Kuwaiti government has entrusted this matter as part of the mandate of the Regional Organization for the Protection of the Marine Environment, and that the terms of reference of the Authority are supervision and licensing and that this is not a genuine right if it is shared by other bodies as reported The second hypothesis was examined: - The extent of the availability of legal mechanisms in reducing oil pollution to protect the marine environment in the Kuwait Environmental Protection Act 42 of 2014 compared to the law in some Arab Gulf countries The study recommends the following recommendations: 3 1. Activate the role of the Regional Organization for the Protection of the Marine Environment to take a more active coordinating role among its member States. 2- To study the practical means available to limit the establishment of more industrial and urban activities and to reduce further population growth in the countries of the region. 3 - Review and update environmental legislation and make it more comprehensive and follow-up implementation of the provisions. 4 - impose stricter measures on commercial vessels and oil tankers with regard to discharging their waste for the first and water balance for the second. 5 - The importance of developing a public policy that reflects the government’s vision to achieve sustainable development of water resources and then develop a strategic plan with specific objectives and criteria for measuring the performance rates and setting a time plan and actual programs and projects to achieve the desired goals and follow them and ensure their success through monitoring performance indicators and rates in the GCC Gulf in general and Kuwait in particular. 6. The need to consolidate binding legal rules relating to the protection and pollution of the marine environment at the level of the GCC countries, and even at the level of the region as a whole, which is necessary and urgent, with emphasis on the fact that the form and legal form of these rules is not important. 7. We appeal to the media at the Gulf, Kuwaiti, local and international levels to adopt the issue of environmental protection, to promote environmental awareness, and to urge all individuals and institutions to preserve the marine environment from pollution. 8. We stress the importance of building the capacity of developing countries so that they can benefit from the conservation, sustainable use and use of oceans and seas and their resources. |