الحماية الجنائيّة للبيئة المائيّة في إطار التنمية المستدامة: قراءة في التشريع الأردني

Abstract

The protection and conservation of ecosystems are of paramount importance for optimal utilization, particularly of the aquatic environment. This study aims to outline the approaches of the Jordanian criminal legislator in protecting the aquatic environment from pollution and to analyze the legal regulations for its preservation, ensuring the establishment of qualitative protective policies that prevent the depletion risks for future generations and meet Jordan's commitments to achieving sustainable development goals simultaneously. This is especially critical given the pressing water situation in Jordan. To achieve the study's objectives, the researchers employed descriptive and analytical methodologies to address the study's issues. The first section explored the nature of the aquatic environment as a value protected by criminal law, while the second section discussed the legal framework for the criminal protection of the aquatic environment in Jordanian legislation. The study concluded that an examination of the legislation reveals a significant concern from the Jordanian legislator in addressing violations that may occur against the aquatic environment. This is evidenced by the multiplicity of laws concerned with its protection, extending the scope of protection to include both quantitative and qualitative measures, criminalizing a wide range of actions, and adopting a broad approach in defining criminal activities. However, this multiplicity may lead to the pitfalls of overlapping applicable texts and the intermingling of their provisions. Consequently, the study recommends that related legislations on environmental protection should serve as a tool to guide the behavior of administrations, economic activities, and citizens to protect various environmental elements. Furthermore, the "Environmental Protection Law" should exclusively address criminal measures, stipulating the provisions of criminalization and punishment and organizing the rules of criminal responsibility within it, to prevent any conflict or ambiguity in the realm of criminal protection of the environment in general, and the aquatic environment in particular.