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Volume :17 Issue : 67 1992      Add To Cart                                                                    Download

ENVIRONMENTAL LEGISLATION IN THE GULF STATES

Auther : Dr. Badria Al-Awadi

 

         The study deals with the historical background of the national legislation in Kuwait, Oman and the Islamic Republic of Iran as well as other national rules and regulations or criteria enacted by other states, i.e. Saudi Arabia, Bahrain, Qatar and Iraq.  These are considered in the study as secondary legal instruments to protect the environment due to the absence of specific umbrella legislation.

         The study is a brief examination of the regional legal instruments adopted by the Gulf States, such as the Kuwait Regional convention for Cooperation on the Protection of the Marine Environment from pollution, 1978 and its protocols, i.e. protocol concerning regional co-operation in combating pollution by oil and other harmful substances in cases of emergency, protocol concerning marine pollution resulting from exploration and exploitation of continental shelf and protocol for the Protection of the Marine Environment against pollution from land-based sources.  These regional legal instruments have contributed to fill the gaps in most of these countries where the legal system is lacking specific laws and regulations in respect to these sources of pollution.

         In addition, Annex I of the study contains the structure of the Environmental Management in the Gulf State such as the Environment Protection Council of Kuwait, Ministry of Environment and Regional Municipalities of Oman, Department of the Environment of Islamic Republic of Iran, Metereology and Environmental Protection, Administration of Saudi Arabia, Environmental Protection Committee of Bahrain, Environmental Protection Committee of Qatar, Higher Environmental Committee of the United Arab Emirates and the Preventive Medicine and Environmental Protection of Iraq.

         The study proposes several recommendations to enhance the environmental legislation in the Gulf States, e.g. the legislators in these countries should develop their environmental laws dealing with the environmental management.  Other recommendations refer to the negative effects of the existing various authorities in each state responsible for environment and each of them carrying out environment related works / programmes separately.  This system hinders the general policy to have a very strong environmental policy for the protection of the environment because the functions and responsibilities of these authorities contradict each others.  Also it is recommended that the concerned authorities in the Member States teach international environmental law in the military academy in order to guarantee that in times of armed conflicts the law will indirectly give some kind of protection to essential installations, natural resources and the civilian population.

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