الشخصية القانونية كوسيلة لحماية الطبيعة ؟

Other Title(s)

Legal personnality as nature protection mean

Author

فيلالي، علي

Source

مجلة الاجتهاد للدراسات القانونية و الاقتصادية : مجلة دولية، علمية، أكاديمية، محكمة، متخصصة، سداسية و مفهرسة و مصنفة

Publisher

University Center Amine Lokal Hadj Moussa Agg Akhamouk-of Tamanrasset Law and Political Sciences Institute

Publication Date

2020-01-31

Country of Publication

Algeria

No. of Pages

28

Main Subjects

Law

Topics

• International law
• Environment protection
• Natural environment
• Nature conservation
• Juridical person

English Abstract

Since its appearance until now, the law depends on a traditional binary division of people and things, and those things have no value as long as they aren’t in the service on the people.

And since nature with all its elements including air, rivers, seas and savage animals...is unable to deal with anything so it’s ignored and not protected by the law, and the law also prohibits litigation for others, and therefore it’s hard to protect nature in all cases.

And it seems that the efforts made on the national and international levels by passing new legal rules like the caution principle and the polluter pays principle and other principles didn’t provide enough protection for nature.

An american jurist, in order to find the appropriate protection for nature, asked the question : why the tree have no right for litigation so it can defend itself ? This proposition was accepted by some countries and some towns and tribunals, by recognizing the legal personality of nature or one of its elements, this solution isn’t cushy, because it puts nature with all elements in sale rank with human beings, since both of them are a legal person, while law was invented to protect no one but humans, however in the other hand, the recognition of nature’s legal personality doesn’t depend on legal considerations only, but on other considerations too, that’s the main problem which was treated in this intervention.

Data Type

Conference Papers

Record ID

BIM-916593

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