مبدأ الملوث الدافع : المدلول الإقتصادي و المفهوم القانوني

Abstract EN

The law took into account the principle of the polluter motive and gave it the binding power to become a legal mechanism under which the environmental protection legislation in various countries of the world was founded.

It was originally an economic mechanism.

It is a principle of economic origin.

Also The Algerian legislator defined this principle and stipulated in article 30 of Law No.

03-10 on the protection of the environment in the context of sustainable development, and considered it one of the principles on which this law is based.

It embodies the preventive character as a principle of "prevention is better than cure", And at the same time the therapeutic nature, as it decides responsibility for the purpose of compensation or reparation.

I will try to identify both the economic significance of this principle and its legal concept in order to reveal the truth of this principle, which was filled by both economists and jurists, both nationally and internationally.