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Volume :7 Issue : 27 1981      Add To Cart                                                                    Download

THE LEGAL FRAMEWORK FOR THE PROTECTION OF THE GULF MARINE ENVIRONMENT: KUWAIT REGIONAL CONVENTION FOR ITS PROTECTION AGAINST POLLUTION (1978)

Auther : Dr. Al-Bokhary Abdullah Al-Jaaly

 

         This paper was first submitted to the Fourth Symposium on environment and pollution, which was jointly organized, by Kuwait University and Kuwait Institute for Scientific Research (in 1979).  Its primary objective was to analyze and interpret the legal documents of the Kuwait “Regional Convention on the Protection of the Marine Environment of the Gulf” which was signed on the 24th of April 1978 by seven Gulf States namely: Bahrain, Iran, Iraq, Kuwait, Qatar, Saudi Arabia and the United Arab Emirates.

         The paper discussed critically several issues included in the convention such as: the geographical sphere of its application, its appraisal from the point of view of international law, its association with local national legislations, the ways and means of settling any disputes between its signatories and the political developments in the region which have impeded its ratification by all signatories.

        Since one of the main aims of the above-mentioned convention was the establishment of a regional organization for the protection of the Gulf marine environment, the paper stressed the need to keep it away from any political influence by assigning it to highly trained technocrats with sufficient expertise in environmental questions.  The paper highlighted also, a number of relevant points, chief amongst which are: the “anthropocentricity” of environmental interest, the regional similarity of environmental elements and problems which should instigate and invite regional cooperation, the adjustment of national legislations to the new phase of regional cooperation and the fact that the successful implementation of any agreement depends more upon the good intentions of the concerned parties, rather than the legal text peruse.

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