Compensation for industrial pollution damage in Algerian legislation
Keywords:
compensation, pollution, industrial pollution, Algerian legislationAbstract
Industrial pollution causes damage to elements of the natural environment (air, water, soil), which then reflects on humans, causing various physical, material, and moral harms. These damages are remedied through the establishment of civil liability, which concludes with either specific compensation or monetary compensation. Given the particular nature of these damages, there are challenges in compensating for them, especially the damages affecting the natural environment.
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References
1- Ordinance No. 75-58 on the Civil Code of 26/09/1975, Official Gazette, No. 78, issued on 30/09/1975, amended and supplemented by Law No. 07-05 of 13/05/20/07, Official Gazette, No. 31, issued on 13/05/2007.
2- Law No. 03-10 relating to the protection of the environment in the framework of sustainable development, issued on 07/19/2003, Official Gazette, No. 43, issued on 07/20/2003.
II: References in Arabic
1- Books
1- Ahmed Abdel Tawab Mohamed Bahgat, Civil Liability for the act harmful to the environment, first edition, Dar Al-Nahda Al-Arabiya, Cairo, 2008.
2- Ahmed Mahmoud Saad, An extrapolation of the rules of civil liability in environmental pollution disputes, first edition, Arab Renaissance House, without place of publication, 1994
3- Ahmed Medhat Islam, Pollution is the Problem of the Age, World of Knowledge, Kuwait, 1978.
4- Anwar Gomaa Ali Al-Tawil, The case of civil liability for environmental damage (a comparative study), Dar Al-Fikr and Law, Mansoura, 2014.
5- Belhaj Larbi, The General Theory of Obligation in the Algerian Civil Code, Part II (Legal Fact), Fourth Edition, Diwan of University Publications, Algeria, 2007.
6- Jamila Hamida, The legal system of environmental damage and its compensation mechanisms, Dar al-Khaldounia, Algeria, 2011.
7- Hassan Ali Al-Duraidi and Karima Abdul Rahim Al-Taie, International Responsibility for Environmental Damage during Armed Conflicts, first edition, Dar Wael, Jordan, 2009.
8- Hassan Ali Al-Dhanun, Al-Mabsut in Civil Liability, Part I (Damage), first edition, Wael Publishing House, Jordan, 2006.
9- Raif Mohammed Labib, Procedural protection of the environment from monitoring to prosecution (a comparative study), first edition, Arab Renaissance House, Cairo, 2009.
10- Said Saad Abdel Salam, The Problem of Compensation for Environmental Damage Technology, Arab Renaissance House, Cairo, without year of publication.
11- Said Al-Sayed Kandil, Mechanisms of Compensation for Environmental Damages, New University House, Azarita, 2004.
12- Abdul Razzaq Ahmed Al-Sanhouri, Al-Wasit fi Sharh al-Qanun al-Jadid al-Madani al-Nadid, Part II (Al-Ithbadh - Effects of Commitment), third edition, Manchurat Halabi al-Huqawiyya, Beirut, 2009.
13- Abdullah Turki Hamad al-Ayal al-Taie, Environmental Damage and Compensation in Civil Liability, first edition, Halabi Law Publications, Beirut, 2013.
14- Atta Saad Mohammed Al-Hawas, Civil Liability for Environmental Pollution Damage in the Neighborhood (a comparative study), New University House, Azarita, 2011.
15- Fellali Ali, Obligations (the act entitled to compensation), second edition, Moufem Publishing, Algeria, 2010.
16- Mohamed Elsayed Elfeki, Liability and Compensation for Marine Pollution Damage by Hydrocarbons, first edition, Halabi Law Publications, Beirut, 2001.
17- Mohamed Shana Abu Saad, Judicial Compensation, Penal Clause and Legal Interests, New University House, Alexandria, 200.
18- Mustafa Al-Awaji, Civil Law, Part II (Civil Liability), Fourth Edition, Halabi Law Publications, Beirut, 2007.
19- Nabila Ismail Raslan, Civil Liability for Environmental Damage, New University House, Alexandria, 2007.
20- Hala Salah Yassin Al-Hadithi, Civil Liability for Environmental Pollution, Juhayna Publishing, Amman, 2012.
21- Wannas Yahya and others, The legal treatment of contaminated sites in Algerian legislation, first edition, Dar Al-Kitab Al-Arabi, Algeria, 2014.
22- Yasser Mohamed Farouk Al-Minawi, Civil Liability for Environmental Pollution, New University House, Azarita, 2008.
2- Theses and memoirs:
2.1- Theses:
1- Ben Orabi Abdelkrim, Contribution to the study of some indicators of environmental pollution in the industrial area of Taghrat (southeastern Algeria), PhD thesis, Faculty of Mathematics and Material Sciences, Kassidri Merabah University, 2023, p. 22.
2- Hassanouna Abdelghani, Legal protection of the environment in the framework of sustainable development, PhD thesis (private law), Faculty of Law, University of Biskra, 2012-2013.
3- Wannas Yahia, Legal mechanisms for environmental protection in Algeria, PhD thesis (public law), Faculty of Law, University of Tlemcen, 2007
2-2- Memoirs:
1- Foghali Halima, France's international responsibility for polluting the environment as a result of nuclear tests in Algeria, Master's thesis (Public Law), Faculty of Law and Political Science, University of Setif-2, 2016-2017.
3- Websites:
1- Said Salem Jouili, Confronting environmental damage between prevention and treatment.
www.statimes.com
2- Lugano Convention on Civil Liability for Damage Resulting from Dangerous Activities.
Third- References in foreign language:
1- Geneviève Viney, L'affirmation d'un "droit d’environnement" et réparation des dommages environnentaux, Lextenso édition, Tome 42, Paris, 2010.
2- Roland Séroussi, Droit International de l'environnement, Dunond, Paris, 2012.
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