المسؤولية المطلقة في القانون الدولي العام : ميناء مبارك انموذجا == Absolute Responsibility In Public International Law Port Mubarak Model
Author name:
سامي حمادي رسن
Supervisor name:
خالد سلمان جواد
General topic:
Law
Specific topic:
Public International Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1482 - p.pdf
Abstract:
All right, to be biologically viable, is fully guaranteed by the sanction. The corollary of this sanction is in the accountability of an act enacted and therefore the idea of responsibility solutions sought to solve the problems caused by pollution that can produce cross effects already lead to a certain globalization of internationallaw of the environment. They tend to planetary dimensions : large part of measures occurred globally, of environmental problems for which the only possible solutions are universal : the case of stratospheric ozone depletion, changes in global climate, marine pollution and the disappearance of rare species.The global dimension of these problems is obvious. It entails the involvement of the international responsibility of the community and necessarily calls for a global response to an international partnership. International law requires sanctions for violations of law or risk. However, because the fundamental principle of sovereignty of states, the international legal order is unusual not to compel his subjects as if they have expressly agreed.Also, The International Liability for injurious consequences arising out of acts not prohibited by international law is well known that ecological damage is treated in several agreements, projects and international opinion, as the Convention on CivilLiability for Damage resulting from activities dangerous to the environment in Article 2 (Para. 7. d), and confirmed by the Convention on the Transboundary Effects of Industrial Accidents in Article 1 (point c) and the Convention on the Protection and use of Transboundary Watercourses and International Lakes in Article 1 (for. 2), instruments which must be added to Directive 85/337 Council of the European Communities of 27 June 1985 on the assessment of the effects of certain public and private projects on the Environment4, the Convention on the regulation of activities relating to Antarctic mineral resources in Article 8 (Para. 2. a, b and d), the Convention on Civil Liability for Damage caused during Carriage of dangerous goods by road, rail and inland waterway vessels in Article 9 (s. c and d) and a draft protocol (to the Basel Convention on the Control of Transboundary Movements of HazardousWastes and their Disposal) on liability and compensation for damage resulting from transboundary movements and disposal of hazardous waste (Art. 2. a, iii to v) prepared by a working group appointed by the Conference of the Parties to this Convention.On the other hand, the notion of responsibility for "social risk" assumes that "social activities" may include legal risks of damage and thus lead to a breach of solidarity. This break must be cleared by the sanction takes the form of reparation or compensation. The law of international responsibility for risk implies harm, causation and the right to appeal. Implementation subject to the occurrence of damage, the international responsibility for risk is relatively objective and avoids the potential barrier formed by the principle of equal sovereignty. However, even by overriding this principle, if there is no available remedy for the victim, justice will remain ineffective.Now, characterized by non - hierarchical, the voluntarism of its rules and by the relative absence of legal sanctions, international society is virtually "anarchic.International law does not know (except in cases of use of force) centralized institution of enforcement. This anarchy is especially true in environmental matters in which, if there is damage, it is all of humanity that is caused. Not in all states, but to all individuals. Therefore the establishment of a system of international responsibility for environmental risk requires the overcoming of national sovereignty through a system of control of legality and access of individuals, international organizations and States to an effective remedy and transnational.Even without sanctions, the law expresses the necessity or social utility, the demands of solidarity. Responsibility for risk is a principle of social solidarity as equals, in fact, insurance, and leads to satisfy the spirit of justice.Although essentially recommendatory, the international environmental law is no less essential because it establishes a guideline for states that wish. Incentive and innovative, it is the source of a new principle of international responsibility : the principle of common but differentiated responsibilities.States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the terrestrial ecosystem. Given the diversity of roles in the global environmental degradation, States have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development, given the pressures their societies place on the global environment, technology and financial resources available to them. Although the protection of global environment concerns the problem of natural disasters, mainly evoke the Convention United NationsFramework on Climate Change, adopted at the Rio Conference in 1992. Its normative content is the responsibility of States Parties, the obligation to cooperate in the implementation of a range of measures to mitigate climate change. An Additional Protocol to the Convention was adopted in Kyoto in 1997. This text sets targets for reducing emissions of six greenhouse gases solely the responsibility of developed countries, and sets up institutional bodies, including the Conference of Parties. It is responsible for implementing a system of financing assistance to poor countries.Thus, while developing countries are granted a special way to receive assistance from industrialized countries, it is that in order to in turn be able to fulfill, like the others, their duty of environmental protection and means of its regeneration. The principle of common but differentiated responsibilities established a direct link between development and environment. Meant primarily utilitarian, he puts his finger precisely on the divergent views between the North will see the environment protected, and demands from the South to develop without outside interference. It is a principle of "international law of sustainable development." It recognizes that there are between two States inequalities : one on financial resources available in each,and another in the responsibility that they have due to the current poor state of the environment. In other words, it establishes a real economic inequality, the fundamental principle of international law development as well as differentiation of legal obligations based on scientific justification that characterize the environmental law and ensuring the exclusion of historical and political arguments uncertain.The fight against natural disasters is a prerequisite for development in developing countries. It prevents them to see their efforts and those of industrialized countries cooperating undermined by such natural phenomena. Therefore, fighting against natural disasters, industrial countries are supporting the introduction of sustainable development. They participate, by the same token, the establishment of a world in which stability would be the rule and the exception disparity. This is because it has interests in all; the fight against natural disasters requires a comprehensive response and solidarity of the international community. The EU is a real example on environmental law. It promotes the emergence of solidarity necessary for a global partnership for sustainable development cooperation.The repair Allow us to present some observations to introduce the issue of compensation for damage caused to the environment. In the area of wrongful acts, the famous rule of Plant Chorz?w11 governs the issue of reparation in international law : all the consequences of the wrongful act, returning to the situation which in all probability, have existed if the wrongful act had not occurred. This is achieved also with means that the law regards as suitable for the restitution in kind, compensation by equivalence, satisfaction, guarantees of non repetition, in all, the repair is an obligation imposed by the secondary rule as a result of the violation of the standard primary and its content, its forms and degrees were developed by international custom, as the PCIJ was expressed in the case of the Factory at Chorzow and as the Commission is currently attempting to codify in the expert guidance of the Special Reporter on State Responsibility, The International Fund for Compensation for Damage Oil Pollution – established under the International Convention on Civil Liability for Damage to oil pollution. The assessment of harm to the environment more serious problems, the tendency is to seek to redress for any kind of damage, which is certainly fair.Note also that the House Special Environment of the ICJ established in 1993 is not known by members of the international community and did not record any trial to date is distressing, FOR WHAT THE INTERNATIONAL COMMUNITY AND WHAT STRENGTHENS OUR VIEW.
