افاق للعلوم
Volume 9, Numéro 2, Pages 119-131
2024-03-15
The Effects Of Establishing Liability Arising From Maritime Environmental Damage
Authors : Ben Ammar Abdelhalim . Kherbouche Naziha .
Abstract
The issue of environmental damage, its compensation, and the restoration of affected areas ranks among the most critical concerns addressed both internationally and nationally, particularly given the backdrop of rapid technological and industrial advancements. Of notable concern are the escalating maritime activities, encompassing transportation, shipping, maritime investment, and exploration, which have a profound impact on the environment, especially maritime ecosystems. These activities, affecting both surface and deep-sea environments, are intricately linked to the well-being of humans, plants, and wildlife. Consequently, nations worldwide grapple with the adverse effects of environmental degradation, particularly in maritime regions, exacerbated by emerging risks and industrial activities that threaten underground resources and aquatic ecosystems. Recognizing these environments as a shared heritage, there is a growing awareness of the long-term repercussions that transcend generations, underscoring the imperative of safeguarding the right to a clean and healthy environment for present and future inhabitants, both internally and externally. Given the extensive and severe impact of environmental damage, especially in maritime areas, characterized by its scale and long-lasting consequences spanning decades, as well as its transboundary nature resulting from pollution in seas, oceans, rivers, and other water bodies, contemporary legal frameworks have acknowledged the need to assign responsibility for harmful actions irrespective of their origin. These frameworks have instituted penalties to address such responsibility, encompassing diverse forms of compensation for detrimental activities. These measures are implemented either internationally, in accordance with established principles of international law, or domestically, through national legislation. This constitutes the focal point of our research, which aims to delve into the concept of environmental responsibility, delineate its various manifestations, assess the approaches adopted by Algerian lawmakers, and elucidate the processes involved in determining and evaluating responsibility, along with their ensuing implications.
Keywords
Responsibility Environmental Damage Effects Penalties Resulting from Responsibility
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