Sharjah Police General Head Quarters Research & Research Center Police Research Department A Research to the Environmental Conference on 2001 To be held under the Patronage of H.H. Sheikh Zayed Bin Sultan Al-Nahyan During the Period February / 4 – 8 / 2001 at Abu Dhabi – U.A.E. Sharjah, 2001 Colonel Dr. Mamdouh A. Al Hameed Ph. D in Police Sciences & Criminal Justice Prof. of Police Sciences & Security Expert Head, Dept. of Police Research

When the law incriminates environment degrading acts and behaviors that implies the recognition of the law to the environment as a social value. Environment is a multi-dimensional value that comprises complicated and inter-related aspects and characteristics to the extend that makes its protection as well as classification of the acts harmful to the environment a complicated issue that requires a new prospective and advanced philosophy of the legal model upon which the incrimination policies are established. PREVIEW

Accordingly The intervention of the criminal law was essential and indispensable to ward of the new dangers of the environment degrading act through incriminating of all acts harmful to the environment. Our problem does not lie in the large number of laws and legislation but it is rather on their enforcement which we have termed as the problem of the environmental laws enforcement.

An Overall Concept of Environmental Security + Enforcement of the Environmental Law = Environmental Conservation

The Legal Principles govern their validity Values, Traditions and Customs of the Community control and organize the individual and collective behavior in the environmental field. Environmental Security Measures

The Joint Efforts of Police and Community [ On the Field of Environment ] Efforts should be exerted by all community members, because security is a joint responsibility and should not be entrusted to single governmental body, therefore each person or organization whether governmental or private perform its duty towards maintenance of security The Police role in facilitating the participation of the community in maintaining security.

 The police functions in maintaining public order with all its three definitions. The police functions in this regard include environment conservation due to its impacts and influence on basics of public orders on public security, health and tranquility fields. [ The protection of properties and man against diseases and epidemics and maintenance of tranquility] Police Functions on the Environmental Field

 The concept adopted in this regard should be comprehensive [for which we are calling] to incorporate function related to maintenance of public order for all living organism whether human beings, animals or plants.  Functions related to performance of duties as per laws and regulations.. The same functions imply the executive powers of the police in the environmental fields according to the environmental legislations and regulations.

ENVIRONMENTAL LAWS NON-ENFORCEMENT REASONS Environmental Reasons Security Reasons Economic Reasons Legislative Reasons Environment al Reasons Social Reasons Political & Organizational Reasons

Political and Organizational Reasons The want for political decision and fears of the community reaction. The domination of influential circles among companies and individuals. The partial and individual solution of the environmental problems and the lack of integration and co-ordination among the relevant bodies. The contradiction and conflicting powers among the concerned bodies.

Legislative Reasons Environment as a multi dimensional value [ characteristics and fields] makes the protection as well as definition of environmental harmful acts a complicated task that requires advanced and comprehensive concept of the legal model under which the incriminating policies are to based.

Legislative Reasons The international aspect of the environmental laws. The existence of numerous environmental legislation and lack of integrated environmental laws. The role of legislation in confronting environment degrading acts is being restricted to adoption of inadequate means and actions.

Lack of Awareness among individuals. Social Reasons Individual behavior, customs and traditions

Environmental Reasons The Geographical, Biological, Historical, Social, Legal and Natural dimensions of the Environmental Concepts. The impact of Scientific development on Environment

International Reasons The inadequate number of the international agreement and the lack of implementation mechanisms thereto. Power imbalance on the international arena or the multinational companies

Economic Reasons Costs related to Environmental Crimes, Control, Monitoring and Detection

Restricting the Role of the Ministry of Interior in Water Surface Management. The recent introduction of the incrimination policies that view acts harmful to environment as a new security phenomenon. The International aspect of the phenomenon as an organized Crime. The human reasons in security apparatus. Reasons Security

THE COMPREHENSIVE CONCEPT OF THE ENVIRONMENTAL SECURITY + ENFORCEMENT OF ENVIRONMENTAL LAW = ENVIRONMENT PROTECTION

Defining Environment Law According to clear cut Criteria Definition of acts harmful to the Environment Objective of Incrimination Two types Pollution Misuse whether Quantitatively or Qualitatively Payment of compensation along with repair of damage Punishment

ENVIRONMENT PROTECTION = THE COMPREHENSIVE CONCEPT OF THE ENVIRONMENTAL SECURITY + ENFORCEMENT OF ENVIRONMENTAL LAW Defining Environment Law According to clear cut Criteria Defining Law Enforcement Agencies Specialized Environmenta l Police Resources Financial Human Technical Personnel Qualified Specialized Full- Timer Powers Prevention of all acts harmful to environment Arrest of the Offenders Organizational local International

Defining Environment Law According to clear cut Criteria Defining Law Enforcement Agencies ENVIRONMENT PROTECTION = THE COMPREHENSIVE CONCEPT OF THE ENVIRONMENTAL SECURITY + ENFORCEMENT OF ENVIRONMENTAL LAW Non-Police Organizatio n Numerous Bodies According to Laws and Legislations -Environmental Affairs Depts. -Customs and Port Authority -Other Departments Governmental Department and Other Organizations Parties Societies

ENVIRONMENT PROTECTION = THE COMPREHENSIVE CONCEPT OF THE ENVIRONMENTAL SECURITY + ENFORCEMENT OF ENVIRONMENTAL LAW Governmental Department and Other Organizations Parties Societies Setting up Courts, Prosecution Agencies [ or Circuits] and Arbitration Panels on Environmental Issues.  Examples, Japan and Finland  To Guarantee speedy trial of cases to prevent further damage  Comprising Judges, Public Prosecuting Attorneys or Arbitration specialized experts along with experts in environmental issues.

Defining Environment Law According to clear cut Criteria ENVIRONMENT PROTECTION = THE COMPREHENSIVE CONCEPT OF THE ENVIRONMENTAL SECURITY + ENFORCEMENT OF ENVIRONMENTAL LAW Enacting legislative Regulations Methods of Proving Acts harmful to Environment. [whether in connection with Misuse whether Quantitatively or Qualitatively Pollution individual incidents or joint ones Shifting the Purdon of proof to the pollutant (Japan) Allowing individuals and community to file cases. Administrative or Criminal Non-Police Organization Specialized Environmental Police Measures or Punishment

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