约旦和阿曼苏丹国关于环境污染罪的法律框架

Q3 Economics, Econometrics and Finance
A. Gharibeh, Mohammed Rashid Ahmed Al Makhmari, Radwan Ahmad Al Haf, Mohammad njim ibrahim elayat, Ahmad Alsharqawi
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引用次数: 0

摘要

本研究的重点与 2017 年第 6 号《环境保护法》及其后续修订版规定的环境污染犯罪法律条例有关。首先,本研究根据约旦立法者和国际会议采用的方法对环境污染的定义进行了研究。随后,对 2017 年第 6 号《环境保护法》及其后续修正案进行了分析。随后确定了刑事犯罪所依据的基本要素。此外,还对提交约旦司法部门的部分案件进行了审查。 阿曼立法中的环境政策强调采取多方面的方法,有时强调强制性措施,有时诉诸禁止性或无限制性政策。显然,保护环境免受污染的责任并不完全属于国家,而是个人和整个社会共同承担的集体责任,这一点在第 6 条的规定中得到了加强。这就强调了环境保护作为打击不法行为的有效手段的重要性,因此颁布了《环境保护和污染控制法》(第 26 号),该法制定了具体的法律原则来界定犯罪行为并规定了处罚措施,坚持了 "法无明文规定不为罪,法无明文规定不处罚 "的基本法律原则。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Legal Framework Governing the Offence of Environmental Pollution in Jordan and the Sultanate of Oman
The focus of this study pertains to the legal regulations governing environmental pollution offences, as stipulated by the Environmental Protection Law No. 6 of 2017 and its subsequent revisions. Initially, the study examined the definitions of environmental pollution in accordance with the methodology employed by Jordanian lawmakers and international conferences. Subsequently, an analysis was conducted on the Environmental Protection Law No. 6 of 2017 and its subsequent amendments. This was followed by a determination of the fundamental components upon which the criminal offence is predicated. Additionally, a review of select cases that were brought before the Jordanian judiciary was undertaken. The environmental policy in Oman legislation underscores adopting a multifaceted approach, sometimes emphasizing obligatory measures and resorting to prohibitive or unrestricted policies. It is apparent that the responsibility for safeguarding the environment from pollution is not solely vested in the state but is a collective responsibility shared among individuals and society as a whole, as reinforced by the provisions of Article 6. This underscores the importance of environmental protection as an effective means to combat wrongdoing, thus the enactment of Law No. 26 for Environmental Protection and Pollution Control, which establishes specific legal principles to define criminal behaviour and prescribes penalties, adhering to the fundamental legal principle that "there is no crime and no punishment except by law."
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来源期刊
Journal of Environmental Management and Tourism
Journal of Environmental Management and Tourism Economics, Econometrics and Finance-Economics and Econometrics
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期刊介绍: Journal of Environmental Management and Tourism is an interdisciplinary research journal, aimed to publish articles and original research papers that should contribute to the development of both experimental and theoretical nature in the field of Environmental Management and Tourism Sciences. Journal will publish original research and seeks to cover a wide range of topics regarding environmental management and engineering, environmental management and health, environmental chemistry, environmental protection technologies (water, air, soil), pollution reduction at source and waste minimization, energy and environment, modeling, simulation and optimization for environmental protection; environmental biotechnology, environmental education and sustainable development, environmental strategies and policies, etc. This topic may include the fields indicated above, but are not limited to these. Authors are encouraged to submit high quality, original works that discuss the latest developments in environmental management research and application with the certain scope to share experiences and research findings and to stimulate more ideas and useful insights regarding current best-practices and future directions in Environmental Management.
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