إشكالية الصفة و المصلحة في المنازعة البيئية

Abstract EN

The environmental dispute is radically different from many other judicial litigations, especially in terms of the texts' multiplicity of the environmental legislation, and the ence of a competent judge.

But we have discussed in this article the impacts of the environment characteristics.

in which components are not owned by anyone and have no juridical personality.

Which raises a problem of representing them before the judicial authorities.

Moreover, the environmental damage is described as non-personal and indirect harm, which constitutes another obstacle to the environmental claims, so that the condition of capacity and interest is raised in litigation, which prompted the jurisprudence and legislation to attempts of overcoming the obstacles that the most important of them is the legislation of accepting this type of case even if the damage is indirect, while the competent associations have been enabled to resort to the courts in defense of the environment, except the environmental dispute - despite that - still needs other efforts so that the court become an effective tool that contributes to the protection of natural environments and the health of The humans.