Academic journal article Journal of Politics and Law

The Legal Framework for Environmental Protection in the Hashemite Kingdom of Jordan: Analysis of the Environmental Protection Law No. 52 of 2006

Academic journal article Journal of Politics and Law

The Legal Framework for Environmental Protection in the Hashemite Kingdom of Jordan: Analysis of the Environmental Protection Law No. 52 of 2006

Article excerpt

Abstract

The purpose of this paper is to present a comprehensive analysis of the legal framework of environment protection in the Hashemite Kingdom of Jordan, (referred to as Jordan). It sheds light on the adequacy and effectiveness of the Jordanian laws in protecting the environment by examining existing obstacles and challenges to enforce the law such as the overlap and contradictory provisions with respect to fines and penalties of the different Jordanian laws related to the environment. This makes it difficult for concerned judges to decide which law applies to the case, which results in delays in reviewing and ruling environmental cases by the courts. The paper sheds light on pollution and resources depletion which has become worrisome and pose a threat to the environment of the country. In addition, the paper reflects on the role of the civic society, government entities and their efforts in protecting the environment by addressing environmental problems and working towards sustainable development. Finally, the paper proposes a set of recommendations to enhance Jordan' environmental legal framework to ensure it protects and improves the environment in the country.

Keywords: environmental law, policy, environment, legal framework, pollution, sustainable development, environmental protection

1. Introduction

Scientific and technological development, uncontrolled economic and socio-cultural activities, and unsustainable exploitation and usage of natural resources have contributed to severe environmental degradation, and spread of pollution which poses threats to humans and natural habitats. This situation called for interventions from countries, individuals and organizations to search for appropriate solutions to protect and improve the environment. To achieve good results, a strong legal framework is required.

International efforts were exerted to reach international agreements, which include binding legal rules, among different countries to combat and prevent pollution, mitigate and minimize pollution risks, and enforce environment protection (Adelwahab & Alfar, 1985). Jordan embraced international efforts to protect the environment, signed the international treaties, encouraged and supported the non-profit organizations in protecting the environment in Jordan and prevention of pollution, and passed the First Environmental Protection Law No.12 of 1995, under which the Department of Environment (DOE), that was part of the Ministry of Municipalities and Rural Affairs) became an independent Corporation that is financially and administratively independent. This Law was later amended and issued by the Government as a Temporary Law cited as the Temporary Environmental Protection Law No.1 of 2003, under which the Ministry of Environment was created in 2003 and the DOE was abolished. In 2006, this Law was approved by both Houses of Parliament and ratified by King of Jordan, and was cited as the Environmental Protection Law No. 52 of 2006, and became effective on October 10th of 2006.

But, there are other Jordanian laws, which are enforced in the country, that deal with environment related issues as well. These laws have overlapping and contradictory provisions to the Environmental Protection Law No. 52, such as the Agriculture Law No. 20 of 1973 and Public Health Law No. 21 of 1973, and others (Al-Sharari & Jabir, 1992). The paper will addi~ss this issue in following sections.

2. Research Design and Procedure

This research is qualitative. Theoretical approach and analytical examination of the Environmental Protection Law Jordanian No. 52 of 2006 was followed in comparison with some Jordanian laws related to the environment. In addition, a review of relevant sources and references was conducted.

3. Definition of the Environment

Humans and the environment have an interrelated relationship; humans are dependent on the environment which relies on mankind to improve and sustain it. …

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