Penal Protection of Environment from Oil Operators Pollutants A Study in Light of Punitive Legislation in Kurdistan Region - Iraq
Article Sidebar
Main Article Content
Abstract
Today, the protection of the environment has assumed an even more prominent position with the rapid industrialization resulting not only in the overuse of our limited natural resources but also causing the pollution of the environment. One of the most serious environmental dilemmas we face is oil pollution. The wastes of oil operators, if not treated properly, will inevitably lead to pollution of the environment and may cause life-threatening disasters for all creatures and for many years. Hence, the entire ecosystem could be irreversibly damaged that cost normal life of the mankind. With the beginning of oil industry in Kurdistan Region of Iraq mainly post 2003, the legislator in Kurdistan initiated to issue two laws with the aim of organizing its oil sector and protecting Kurdistan’s environment with its three elements of soil, water and air. Being recent to and lacking experience of the authorities in Kurdistan Region about Oil operations and its negative impacts had reflected on the contents of those two laws. Thus, they were issued with a number of legal loopholes that hindered them to achieve the objectives of environmental security, particularly Environment Penal Protection. In this context, considering the importance of this topic in Kurdistan Region of Iraq, this research attempts to explain and evaluate these two laws, addressing the issues with identifying potential legal solutions to prevent oil pollution infringements in the region which will be a contribution to the development of Kurdistan Region of Iraq.
Downloads
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Al-Atroushi, Mohammed Jalal Hassan. Environmental Pollution Damages and the Law Applicable to it, Journal of Law and Political Studies, Faculty of Law and Politics, University of Sulaymaniyah, 1, 2013, pp. 37, 38.
Al-Bazrakan, Abdel-Sattar, Penal Law -General Section- between Legislation, Jurisprudence and Judiciary, No Information on Publisher, pp. 58, 157
Al-Hadithi, Fakhri Abdul Razzaq Salbi. Explanation of the Penal Law -General Section. Cairo, Al-Aatak Press, pp. 178, 275, 286-288.
Al-Hassani, Abbas. 1970. Explanation of the new Penal Law, Baghdad, Al-Azhar Press, pp. 88, 98
Al-Husseini, Abas Ali Mohamed. 2010. Environmental Civil responsibility in Light of Civil and Environmental Legislations. Journal of Rights letter, Faculty of Law, University of Karbala. 3, pp. 34,35.
Al-Khalaf, Ali Hussein and Al-Shawi, Sultan Abdulqader. General Principles of Penal law, No Information on Publisher, p. 140.
Al-Saadi, Hamid. 1970. The New Penal Law, Baghdad, Al-Ma'arif Press, pp. 145, 146, 160.
Barzinji, Hiwa. Oil companies threaten Kurdistan environment. Niqash, [online] Available at http://www.niqash.org/ku/articles/economy/3324 [Accessed 1 May 2017].
Hawass, Atta Saad Mohamed. 2012. Conditions of Responsibility for Pollution Damages, Alexandria, New University House, pp. 77-78.
Hussein, Ismail Namq., 2014. Compensation of Environmental Damage Resulting from Oil Operations, Review of Law Faculty for Legal and Political Sciences, University of Kirkuk, 3, pp. 7-9, 21.
Ibrahim, Akram Nashat., General Rules in Comparative Penal Law. Baghdad, al-Ftyan Press, pp. 169, 170.
Ibrahim, Kawan Ismael., 2011. Contracts of Petroleum Exploration and Production, Cairo, Dar Shatat, pp. 424, 425.
Mahmoud, Zary Khalil. 2002. The simple of explanation of Penal Law -General Section. No Publisher, pp. 61, 69.
Mohammed, Azad. Sulaimaniyah Environment: The Oil Companies Pollute Kurdistan Region’s Environment. Iraq Hurr Broadcasting. [online] Available at http://www.iraqhurr.org/a/25064496.html [Access 28 May 2015].
Mustafa, Mahmoud Mahmoud. 1983. Explanation of the Penal Law -General Section, 10th Edi, Cairo, Cairo University Press, p. 419.
Naji, Mohsen. 1974. The General Provisions of Penal Law, Baghdad, A’ni Press pp. 118, 151.
Sa’ad, Roshna Akram. 2015. Contractual Obligations of Oil Companies Operating in Kurdistan Region of Iraq, Master, University of Salahaddin, Erbil, pp. 57, 67.
Younis, Abdul Hakeem Zanoun. 1981. Environmental Protection in Iraqi Criminal Legislation, Rafidain Journal of Law, Faculty of Law, Mosul University, 16 (57), p. 148
UN, 2000. The ten Principles of the Global Compact UN Global Compact. [Online]
Available at: https://www.unglobalcompact.org/what-is-gc/mission/principles
[Accessed 5 5 2017].
World Bank Group Environmental, Health and Safety Guidelines, [online] http://www.ifc.org/ehsguidelines, [Accessed 5 5 2017].
Environmental Protection and Improvement Law No. (8) Of 2008 (EPI).
Instruction No. (1) Of 2015 on the Environmental Impact Assessment of Petroleum Operations in Kurdistan region.
Instructions No. (2) Of 2011 of Ambient Air Quality Protect from Common and Dangerous Air Pollutants.
Iraqi Penal Code No. (111) of 1969.
Iraqi Permanent Constitution of 2005 (IPC).
Kurdistan Oil & Gas Law No. (22) Of 2007 (KOG).