THE ROLE OF INTERNATIONAL ARBITRATION IN ACTIVATING THE INTERNATIONAL OBLIGATIONS FOR PROTECTING THE MARINE ENVIRONMENT FROM POLLUTION | ||
| Journal of Environmental Science | ||
| Article 21, Volume 41, Issue 2, March 2018, Pages 465-485 PDF (494.74 K) | ||
| Document Type: Review Article | ||
| DOI: 10.21608/jes.2018.21418 | ||
| Authors | ||
| Al-Anani, I.1; Mahmoud, S. A1; Al-Malky, M. Gh2; Shalan, M. A. A3 | ||
| 1Faculty of Law, Ain hams University | ||
| 2Institute of Environmental Studies & Research, Ain Shams University | ||
| 3Engineering Company for the automotive industry. | ||
| Abstract | ||
| Protecting the marine environment from the risks of pollution are the biggest challenges that facing international law. Many legal attempts have been established to find out the reasons of non-enforcement of international commitment to protect the marine environment from the dangers of pollution. In this view, the attention is totally turning toward international law due to being sensitive, vital and responsive to the needs and requirements of the marine environment protecting it from the risk of pollution by friendly settlement of international environmental disputes, thus enhancing international cooperation among countries to enable them to face the threat of international pollution. The aim of the study is to achieve an optimal legal solution to reduce pollution of the marine environment through international arbitration, which can balance the implementation of international environmental commitments while preserving the sovereignty and immunity of the States. The approach used in the study is the analytical approach and descriptive approach, To address the problem of research and the tools used to collect information made through previous studies of international reports published on the United Nations, case law of the International Court of Justice, International arbitration published research in periodicals, as well as the writings of senior jurists and specialized environment related, during the period from 1981 to 2015. the sample was presented in a table attached to the end of the letter, including a series of previous studies in the same field. These studies indicated many advantages of international arbitration, and the importance of international environmental agreements in preserving the marine environment from pollution and the extent of responsibility of countries as a result of their violation of international environmental agreements. The competence of the international arbitration mechanism to settle marine environmental disputes, leading to greater protection and preservation of the marine environment from pollution; the study concluded with a set of recommendations for States to settle all marine environmental disputes through international arbitration and build a court for International Environmental Arbitration and International Treaty for the Protection of the Marine Environment. | ||
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