This study dealt with the issue of available means to combat environmental crime in Lebanon and France, relying on analytical and comparative approaches, and was divided into two parts. In the first section, it presented the extent of specialization of the judiciary in considering environmental crimes, which is characterized by its technical complexities and weak human and logistical resources. In the second section, alternative methods were presented for resolving these conflicts. It was discovered that there is no specialized judiciary for environmental issues, which could lead the judiciary to fully accept the expert's report. It turned out that the Lebanese legislator issued a law appointing a full-time environmental public defender and an investigative judge to look into environmental cases on a part-time basis. And that the Minister of Environment has the power to conclude a reconciliation contract with the polluter after a final court ruling is issued, in clear violation of the principle of separation of powers. Therefore, this study recommended the necessity of establishing a public prosecution specialized in environmental crimes, adopting alternative methods to solve environmental issues, promoting the application of the polluter pays principle, training judges to solve these crimes, and strengthening the role of environmental associations.
| Published in | Innovation (Volume 5, Issue 1) |
| DOI | 10.11648/j.innov.20240501.14 |
| Page(s) | 41-53 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2024. Published by Science Publishing Group |
Environmental Crime, Judiciary Specializes, Alternative Means, Public Prosecution, Reconciliation Contract, Separation of Authorities, The Polluter
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APA Style
Hamza, H. M. (2024). Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and French Legislation. Innovation, 5(1), 41-53. https://doi.org/10.11648/j.innov.20240501.14
ACS Style
Hamza, H. M. Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and French Legislation. Innovation. 2024, 5(1), 41-53. doi: 10.11648/j.innov.20240501.14
AMA Style
Hamza HM. Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and French Legislation. Innovation. 2024;5(1):41-53. doi: 10.11648/j.innov.20240501.14
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Download@article{10.11648/j.innov.20240501.14,
author = {Hani Mahmoud Hamza},
title = {Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and French Legislation},
journal = {Innovation},
volume = {5},
number = {1},
pages = {41-53},
doi = {10.11648/j.innov.20240501.14},
url = {https://doi.org/10.11648/j.innov.20240501.14},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.innov.20240501.14},
abstract = {This study dealt with the issue of available means to combat environmental crime in Lebanon and France, relying on analytical and comparative approaches, and was divided into two parts. In the first section, it presented the extent of specialization of the judiciary in considering environmental crimes, which is characterized by its technical complexities and weak human and logistical resources. In the second section, alternative methods were presented for resolving these conflicts. It was discovered that there is no specialized judiciary for environmental issues, which could lead the judiciary to fully accept the expert's report. It turned out that the Lebanese legislator issued a law appointing a full-time environmental public defender and an investigative judge to look into environmental cases on a part-time basis. And that the Minister of Environment has the power to conclude a reconciliation contract with the polluter after a final court ruling is issued, in clear violation of the principle of separation of powers. Therefore, this study recommended the necessity of establishing a public prosecution specialized in environmental crimes, adopting alternative methods to solve environmental issues, promoting the application of the polluter pays principle, training judges to solve these crimes, and strengthening the role of environmental associations.
},
year = {2024}
}
TY - JOUR T1 - Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and French Legislation AU - Hani Mahmoud Hamza Y1 - 2024/01/08 PY - 2024 N1 - https://doi.org/10.11648/j.innov.20240501.14 DO - 10.11648/j.innov.20240501.14 T2 - Innovation JF - Innovation JO - Innovation SP - 41 EP - 53 PB - Science Publishing Group SN - 2994-7138 UR - https://doi.org/10.11648/j.innov.20240501.14 AB - This study dealt with the issue of available means to combat environmental crime in Lebanon and France, relying on analytical and comparative approaches, and was divided into two parts. In the first section, it presented the extent of specialization of the judiciary in considering environmental crimes, which is characterized by its technical complexities and weak human and logistical resources. In the second section, alternative methods were presented for resolving these conflicts. It was discovered that there is no specialized judiciary for environmental issues, which could lead the judiciary to fully accept the expert's report. It turned out that the Lebanese legislator issued a law appointing a full-time environmental public defender and an investigative judge to look into environmental cases on a part-time basis. And that the Minister of Environment has the power to conclude a reconciliation contract with the polluter after a final court ruling is issued, in clear violation of the principle of separation of powers. Therefore, this study recommended the necessity of establishing a public prosecution specialized in environmental crimes, adopting alternative methods to solve environmental issues, promoting the application of the polluter pays principle, training judges to solve these crimes, and strengthening the role of environmental associations. VL - 5 IS - 1 ER -
Faculty of Law, Beirut Arab University, Beirut, Lebanon
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