The Extent of Constitutionalizing the Environmental Rights as One of the Anchors to Keep a Healthy, Clean Environment: A Difficult Balance between the International Agreements and the Jordanian Constitution’s Restrictions

Ali AL-HAMMOURI; Tareq AL-BILLEH; Abdullah ALKHSEILAT

doi:10.14505/jemt.v14.1(65).09

Ali AL-HAMMOURI Applied Science Private University, Jordan
Tareq AL-BILLEH Applied Science Private University, Jordan
Abdullah ALKHSEILAT Applied Science Private University, Jordan

DOI: https://doi.org/10.14505/jemt.v14.1(65).09

Abstract

This study analyzes the extent to which the environmental rights are constitutionalized as one of the anchors to maintain a healthy and clean environment through referring to the international agreements and the Jordanian constitution. This research aims at showing the international frame of the environmental rights, and the environmental rights in the Jordanian constitution. This study followed the analytical approach, analyzing the texts of the international agreements that organizes the environmental rights, also analyzing the extent to which these rules agree with the constitutional principles agreed upon regarding the right of a clean and healthy environment. This study concluded many results and recommendations, most importantly; the need of shedding light over the Jordanians’ right in a healthy environment, enabling its censorship tools adding real protection for the human right in a healthy environment. Dedicating the special procedure rights of protecting the environment to let the audience participation and civil community institutions participate in development decision making through evaluating the environmental effort by providing environmental information about the size of damage caused by the developmental projects, the preventative principal in protecting the environment and the right to have administrative, environmental and legal justice. Putting principals and basis for the national environmental legislations in the Jordanian institution.

References

[1] Al-Billeh, T. 2022. The Impact of the Comprehensive Ban Due to the COVID-19 Pandemic on the Quality of Ambient Air in Jordan. Study for 15th March to 15th April of 2020 Period. Journal of Environmental Management and Tourism, 3(59): 802 - 811. DOI: https://doi.org/10.14505/jemt.v13.3(59).19
[2] Al-Hadithi, H. 2003. The Civil Responsibility Resulting from Environment Pollution: Analytical and Applicable Study. Jordan: Juhienah for publishing.
[3] Al-Hasban, E. 2011. The Constitutional System of the Right in Environment in Constitutional Systems: Analytical, Comparative Studies, Law science, 38 (1): 283-301.
[4] Al-Hyajnah, A. N. 2012. The Environmental Law. Jordan: Dar Al-Thaqafa.
[5] Al-Hyajnah, A.N. 2021. The Environmental Law: The General Theory of Environment Law with Environmental Legislative Explanation. Jordan: Dar Al-Thaqafah.
[6] AL-Khaldi, E. 1997. The Legal Protection of Environment in Jordan. Amman: Dar Al-Thaqafa.
[7] Al-Khalilah, A., et al. 2010. The Right in a Healthy Environment in the Hashemite Kngdom of Jordan and the Extent the National Legislations Agree with The International Agreements. Beirut: The National Center of Human Rights.
[8] Al-Khawajah, N., et al. 2022. Criminalization of the Transmission of the Coronavirus COVID-19 and Its Impact on the Right to a Healthy Environment. Journal of Environmental Management and Tourism, 7(63): 1881 - 1887. DOI: 10.14505/jemt.v13.7(63).08
[9] Alkhseilat, A., Al-Billeh, T., Almanasra, M., and Alwerikat, N. 2022. Criminal Behavior as a Basis for Criminal Responsibility for the Crime of Introducing Substances Hazardous to the Environment in Jordanian Legislation. Journal of Environmental Management and Tourism, 7(63): 1851 - 1858. DOI:10.14505/jemt.v13.7(63).05
[10] Al-Malkawi, I. 2009. The Pollution Crime (a Comparative Study). Amman: Dar Al-Thaqafa.
[11] Almanasra, M. et al. 2022. Criminal Responsibility for the Crime of Discharging Polluting Substances for Water Sources in Jordanian Legislation. Journal of Environmental Management and Tourism, 7(63): 1948 - 1954. DOI: 10.14505/jemt.v13.7(63).15
[12] Al-Momani, M. 2004. The Environment Legal Protection in the Hashemite Kingdom of Jordan. Jordan: Commercial Dastoor Press.
[13] AL-Qawi, M. 2002. The Criminal Protection of Pneumatic Environment. Cairo: AL-Naser Al-Thahabi press.
[14] Al-Thal, S., and Samarah, Y. 1989. The Environment Status in Jordan. Amman: Ministry of Rural and Municipal Issues.
[15] Alwan, M., and Al-Mousa, M. 2007. The International Law of Protected Human Rights, part 2. Amman: Dar Al-Thaqafa.
[16] Bouat, M. 2017. The Environmental Rights between the Objective and Procedural Content, The Academic Journal of Human and Social Studies, 18: 282-292. Available at: https://www.asjp.cerist.dz/en/downArticle/552/9/2/73785
[17] Kashakesh, K. 1998. The Environmental Legislations in the Hashemite Jordanian Kingdom in Light of International Agreement. Amman: Dar Al-Thaqafa.
[18] Ma’adah, A. and Al-Lafi, M. 1996. The Environment Pollution, Irbid: Alwazna Press.
[19] Mu’ammar, A. H. 2007. The Environment International Law and Pollution. Egypt: Dar Al-Nahda Al-Arabiya.
[20] Tarraf, A., and Hasneen, H. 2012. The Civil and International Responsibility in the sustained development and Environmental Issues, University Institution for Studies. Lebanon: publishing and distributing.
[21] Ungureanu, L. 2010. Seeking Sustainability in an Age of Complexity. A New Environmental Paradigm. Journal of Environmental Management and Tourism, Volume 1, Issue 1(1), https://journals.aserspublishing.eu/jemt/article/view/114
[22] Younis, Y. 2007. The Environment and Environmental Legislations. Jordan: Dar Al-Hamid.