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Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and French Legislation

Received: 6 August 2023    Accepted: 29 August 2023    Published: 8 January 2024
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Abstract

This study dealt with the issue of available means to combat environmental crime in Lebanon and France, relying on analytical and comparative approaches, and was divided into two parts. In the first section, it presented the extent of specialization of the judiciary in considering environmental crimes, which is characterized by its technical complexities and weak human and logistical resources. In the second section, alternative methods were presented for resolving these conflicts. It was discovered that there is no specialized judiciary for environmental issues, which could lead the judiciary to fully accept the expert's report. It turned out that the Lebanese legislator issued a law appointing a full-time environmental public defender and an investigative judge to look into environmental cases on a part-time basis. And that the Minister of Environment has the power to conclude a reconciliation contract with the polluter after a final court ruling is issued, in clear violation of the principle of separation of powers. Therefore, this study recommended the necessity of establishing a public prosecution specialized in environmental crimes, adopting alternative methods to solve environmental issues, promoting the application of the polluter pays principle, training judges to solve these crimes, and strengthening the role of environmental associations.

DOI 10.11648/j.innov.20240501.14
Published in Innovation (Volume 5, Issue 1, April 2024)
Page(s) 41-53
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Environmental Crime, Judiciary Specializes, Alternative Means, Public Prosecution, Reconciliation Contract, Separation of Authorities, The Polluter

References
[1] Abed al-Basit Muhammad Saif al-Hakimi, Environment and its Protection from Pollution, Sana'a University Journal of Law and Islamic Studies, Sana'a University Publications, Third Issue, January 2005, p195-202/240-245.
[2] Béatrice Parance - Gilles Lhuilier, Justice environnementale: le défi de l’effectivité (cycle 2020), 2 avril 2020. www.courdecassation.fr
[3] Bisan Tayy, Judicial Ruling for the Protection of the Environment... by Scientific Standards, Al-Adl, Al-Akhbar Newspaper, Monday, February 2010, Issue 1039, p. 10. https://al-akhbar.com/Archive_Justice/117522
[4] François Molins, Opening speech of the training cycle on environmental criminal law, Monday February 8, 2021. www.courdecassation.fr
[5] François Molins,"The environment: citizens, the law, judges - Perspectives from the Council of State and the Court of Cassation", May 21, 2021, p1. www.courdecassation.fr
[6] François MOLINS, Opening remarks of the colloquium on "The environmental process", Monday, October 21, 2019, p1-2. www.courdecassation.fr
[7] Ghassan Rabah, Responsibility for Environmental Pollution, a comparative study, Security Journal, Security, Legal, Scientific, Social and Psychological Studies, 26th Issue - April-May-June, 2006.
[8] Jalal Wafaa Muhammadin, Legal Protection of the Marine Environment from Oil Pollution, New University House Publications, 2001, p140.
[9] Kamal Razik, The Role of the State in Environmental Protection, Researcher Magazine, Issue 5, 2007, p95.
[10] Salim Salameh Hatamleh, Administrative Control Procedures for the Protection of Human Rights from Radioactive Pollution of the Environment in Jordanian Legislations, Studies - Sharia and Law Sciences, Volume 36, Number 1, 2009.
[11] Majed Ragheb Al-Helou, Environmental Protection Law in the Light of Sharia, New University House, 2009, p76-77.
[12] Nabil Sari, how was the Environmental Public Prosecution Law approved 8 years ago, and why was it not implemented? Secrets published for the first time, Court Magazine, 7/22/2022.
[13] Nazih Naim Shalala, Legislations, Laws and Decisions, The Environment in Lebanon, The Modern Book Foundation, Tripoli, first edition, 2004, p663.
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  • APA Style

    Hamza, H. M. (2024). Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and French Legislation. Innovation, 5(1), 41-53. https://doi.org/10.11648/j.innov.20240501.14

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    ACS Style

    Hamza, H. M. Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and French Legislation. Innovation. 2024, 5(1), 41-53. doi: 10.11648/j.innov.20240501.14

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    AMA Style

    Hamza HM. Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and French Legislation. Innovation. 2024;5(1):41-53. doi: 10.11648/j.innov.20240501.14

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  • @article{10.11648/j.innov.20240501.14,
      author = {Hani Mahmoud Hamza},
      title = {Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and French Legislation},
      journal = {Innovation},
      volume = {5},
      number = {1},
      pages = {41-53},
      doi = {10.11648/j.innov.20240501.14},
      url = {https://doi.org/10.11648/j.innov.20240501.14},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.innov.20240501.14},
      abstract = {This study dealt with the issue of available means to combat environmental crime in Lebanon and France, relying on analytical and comparative approaches, and was divided into two parts. In the first section, it presented the extent of specialization of the judiciary in considering environmental crimes, which is characterized by its technical complexities and weak human and logistical resources. In the second section, alternative methods were presented for resolving these conflicts. It was discovered that there is no specialized judiciary for environmental issues, which could lead the judiciary to fully accept the expert's report. It turned out that the Lebanese legislator issued a law appointing a full-time environmental public defender and an investigative judge to look into environmental cases on a part-time basis. And that the Minister of Environment has the power to conclude a reconciliation contract with the polluter after a final court ruling is issued, in clear violation of the principle of separation of powers. Therefore, this study recommended the necessity of establishing a public prosecution specialized in environmental crimes, adopting alternative methods to solve environmental issues, promoting the application of the polluter pays principle, training judges to solve these crimes, and strengthening the role of environmental associations.
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     year = {2024}
    }
    

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    AB  - This study dealt with the issue of available means to combat environmental crime in Lebanon and France, relying on analytical and comparative approaches, and was divided into two parts. In the first section, it presented the extent of specialization of the judiciary in considering environmental crimes, which is characterized by its technical complexities and weak human and logistical resources. In the second section, alternative methods were presented for resolving these conflicts. It was discovered that there is no specialized judiciary for environmental issues, which could lead the judiciary to fully accept the expert's report. It turned out that the Lebanese legislator issued a law appointing a full-time environmental public defender and an investigative judge to look into environmental cases on a part-time basis. And that the Minister of Environment has the power to conclude a reconciliation contract with the polluter after a final court ruling is issued, in clear violation of the principle of separation of powers. Therefore, this study recommended the necessity of establishing a public prosecution specialized in environmental crimes, adopting alternative methods to solve environmental issues, promoting the application of the polluter pays principle, training judges to solve these crimes, and strengthening the role of environmental associations.
    
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Author Information
  • Faculty of Law, Beirut Arab University, Beirut, Lebanon

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