إعمال نظرية المخاطر لإقرار المسؤولية الدولية البيئية

الملخص EN

Achieving the necessary protection for the environment can not be achieved in the best way without activating international responsibility, as it is the most important means in the process of protecting the environment from pollution, because it arranged for the one who caused damage reparation and compensation, and bears his responsibility towards the injured part.

It was based in its early beginnings on the theory of error as the basis for its establishment, and it developed with the development of technological progress and the maturiting of the rules of international law, and it became established on modern foundations, including the theory of illegal work and the theory of risks created by several objective, procedural and economic justifications, so this research aims to find mechanisms An effective legal solution that solves international environmental disputes, protects the environment, and achieves fairness and justice between the injured and the one who caused his harm.

From this, the problem arises of the extent to which international responsibility in the field of environmental damage can be arranged on the basis of risk theory by dividing the research into two axes.

In the first we address the justifications and foundations of the risk theory, and in the second axis, the principles that are applied in raising international responsibility on the basis of risks, including: the principle of caution.

The polluter principle is a defender, the principle of sheep in fines by adopting a descriptive approach in presenting concepts, classification and analytical method when analyzing principles, rules, jurisprudential opinions and judicial rulings.

Where it became clear to us that the fields of international responsibility based on risks in international treaties are limited and almost appear only in the use of nuclear energy or the pollution of water with petroleum products, and that the practical application of this responsibility faces many difficulties and many criticisms that have prevented its development and the stability of its rules