The effectiveness of the jurisdictional order in the Iraqi administrative and constitutional judiciary

Abstract

Abstract:  The international community began to pay attention to the environment at the beginning of the twentieth century, following the increasing environmental problems and risks posed by the emergence of pollution and its direct and indirect impact on humans and all living organisms on Earth, the economy, and even security, due to its devastating effects on the international environment. Countries' ongoing needs for development, strengthening their economies, leveraging their resources, increasing per capita income, and expanding and diversifying their resources, drive them to continue searching for resources within the earth, subsoil, water, and even space, in terms of exploration, extraction, and production, as well as expanding the various types of factories and plants located within their territories. The duty to protect the environment from pollution falls on all states, international organizations, and individuals alike. However, this protection clashes with the principle of state sovereignty and non-interference in its internal affairs. Just as a state is free to act within its territory, this freedom of action is not absolute. Rather, there are restrictions imposed on this freedom according to international agreements, the intervention of international organizations, and even international courts, especially with regard to harm occurring to a state or group of states. Indeed, even beyond that, the harm may affect areas not belonging to a state, but rather the common property of all states, such as the high seas, areas in the Arctic, or even outer space. Among these restrictions is the protection of the international environment from pollution and the prevention of harm to others. This restriction is at the expense of states and their sovereignty over their territories. Therefore, there must be a balance and harmony between protecting the international environment from pollution and the principle of state sovereignty. Many countries have recently been working to modify their behavior and legislate laws in line with international agreements and rules of international law that limit their authority within their countries in the field of environmental protection, combating pollution, and not harming others, through their legislative and executive powers to prevent and reduce pollution and protect the environment in line with international environmental legislation and adherence to it, in order to protect themselves from international responsibility and not be exposed to legal punishment, and to give up some of the advantages of the national interest for the sake of the interest of the international community, and to contribute to preventing its sovereignty from being infringed upon by any external authority.