The Legal Framework Governing the Offence of Environmental Pollution in Jordan and the Sultanate of Oman

Ashraf Mohamad GHARIBEH; Mohammed Rashid Ahmed Al MAKHMARI; Radwan Ahmad Al HAF; Mohammad Njim Ibrahim ELAYAT; Ahmad Hussein ALSHARQAWI

doi:10.14505/jemt.v14.7(71).10

Ashraf Mohamad GHARIBEH Sohar University, Oman
Mohammed Rashid Ahmed Al MAKHMARI Sohar University, Oman
Radwan Ahmad Al HAF Sohar University, Oman
Mohammad Njim Ibrahim ELAYAT Arab Open University, Oman
Ahmad Hussein ALSHARQAWI Modern Law Firm, Jordan

DOI: https://doi.org/10.14505/jemt.v14.7(71).10

Abstract

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."

References

[1] Abdellaoui D. 2004. Al Himaya Al Jinayiya li Al Biya. (Criminal Protection of the Environment), Master Thesis, Faculty of Law and Political Science, University of Abu Bekr Belkaid, 2004.
[2] Ahmed, J. Al-Din M. 2000. The role of tax legislation in protecting the environment. Egypt: Unpublished.
[3] Al-Dlabeeh, A., Alsharqawi, A.H., Al Kloub, R., Karabsheh, A.-K.O. 2022. The Role of International Criminal Law in Violations of the Environment during Armed Conflict. Journal of Environmental Management and Tourism, 13(3): 643–648.
[4] Al-Hasban, E. A. 2011. The Constitutional System of the Right to the Environment in Constitutional Systems, An Analytical Comparative Constitutional Study Studies, Sharia and Law Sciences, 38 (1).
[5] Al-Khawaldah, M.H.A. et al. 2022. Penal Liability for the Oil Leak Incident Heavy Fuel in the Jordanian Port of Aqaba and Its Impact on the Environment Journal of Environmental Management and Tourism, 14(3): 754 –758
[6] El-Refaie, A.M., Alsharqawi, A.H. 2022. Legislative Confrontation of the Crime of Environmental Pollution in Jordan Pakistan. Journal of Criminology , 14(1): 29–42
[7] Manasra, M.W., Mamari, S.A., Gharibeh, A. Younes, A.S., Alsharqawi, A.H. 2022. Tort Liability for Environmental Pollution. Journal of Environmental Management and Tourism, 13(5): 1294–1299.
[8] Muhammad Subhi Najm. 2019. 'Usul Almuhakamat Aljaza'iyya (Algerian Criminal Procedure), Dar Al-Thaqafah, Amman.
[9] Muqadas A. 2019. Al Himaya Al Jinayiya li Al Biya Fi Al Tashri' Al Jazay'iri (Criminal protection of the Environment in Algerian Legislation An Analytical Study in the Light of the Algerian Penal Code and Environmental Legislation), A research published in Djillali Liabes University.
[10] Ouinas Y. 2007. Al’Aliyat Al Qanunia li Himayat Al Biya fi Al Jazayir (Legal Instruments for the Protection of the Environment in Algeria), PhD thesis in Public Law, University of Abu Bekr Belkaid.
[11] Soleimani M. 2016. Al Biya fi 'Itar Al Tanmia Al Mustadama bayn Al Aliat Al Duwalia was fi Al Qanun Al Duwali (the Environment in Terms Sustainable Development, the International Legal Mechanism, and the International Law), Master Thesis, Faculty of Law, Abderrahmane University of Béjaïa 2016.
[12] COMITI, Prévention et réparation du dommage écologique, thèse, Lille (2, 2000, 743) pp, spéc. Vol. (1)
[13] Jordanian Environmental Protection Law No. 6 of 2017 and its amendments.