الحماية الجزائية للبيئة البحرية من التلوث النفطي : دراسة مقارنة

الملخص EN

Oil pollution still makes an environmental problem despite the fact of legislating special laws in addition to the coercive laws to lessen its environmental effects on all aspects of the environment and living beings.

The Iraqi legislator tended to legislate a set of texts to treat and provide penal protection for the Marine environment against oil pollution, which made the researcher anxious to investigate the comparative environmental legislations to see the adequacy of protection provided by the Iraqi legislator for the environment as it is the subject of penal environment.

The environment is being looked upon as a worthy area of service, and although combating oil pollution has witnessed international and national interest, it has not seen successful solutions for the problem.

Iraq, rich in oil fields, still suffers from pollution caused by companies working in exploration and excavation.

The inhabitants close to the exploration areas suffers from a number of diseases due to these activities and works and because the workers in those activities do not follow the measures, constraint ةs عيan لاd ط t تh سe اr ةeq سui اr رe دd environmental treatments.

As such investigating the adequacy of the penal protection of the Marine environmental legislated by the Iraqi legislator forms the problem for which the researcher tries to find solutions and suggestions.

It is worth mentioning that the researchers were motivated to look into the penal protection of the Marine environment through studying Marine environmental concepts as they constitute the subject of penal protection and oil pollution.

The researchers were also keen in pointing the legal foundation of this protection, studying samples of criminalization made by oil pollution and the responsibility of individuals and the legal consequences of this responsibility in the samples chosen as a basis for comparison (the French, Egyptian, Emirati, and Saudi) legislations as they represent advanced legislative models in the area of environment protection.

The researcher concludes a number of results and suggestions hoping the study will enrich the scientific library and lessen the effects of oil pollution.