Values and Principles of Environmental Law and their Application in Arab States

Abstract

This chapter discusses the guiding principles of environmental law and the nature of legal protection required to achieve sustainable management of the environment and its resources in the Arab region. For several decades, Arab countries have played active roles in the crafting and development of core principles of environmental law at international and regional levels. For example, the Do-No-Harm principle; the principle of cooperation, the common but differentiated responsibility principle; the precautionary principle; and the polluter-pays principle are important pillars of environmental law. Despite debates on their legal statuses, these principles have been extensively infused into domestic legislation, regulations, industry guidelines, contracts, and bidding practices in Arab states. Even though there is an increasing commitment by Arab countries to integrate core environmental law principles at domestic levels, a number of structural challenges continue to stifle their application and implementation in practice. Arab countries will need to continually assess and address institutional barriers to stakeholder engagement and participation, especially in the design, approval, and implementation of development projects in key sectors that can affect environmental quality. An environmental justice approach to environmental regulation is discussed in this chapter as an important normative procedural framework that can improve social inclusion and good governance in the design, approval, and implementation of development projects in Arab states.