The role of the judge in determining the civil liability of the foreign investor for environmental pollution in light of the law 03-10

• Main Authors: Haifa Rachida Tekarri, Karima Chelihi
• Format: Article
• Language: Arabic
• Published: Tamanrasset University Center 2020-01-01
• Series: مجلة الاجتهاد للدراسات القانونية والاقتصادية
• Subjects: developing countries; investors; environment protection; projects; natural disasters; civil responsibility; compensation
• Online Access: https://alijtihed.cu-tamanrasset.dz/wp-content/uploads/2020/01/alijtihed-mag-024-art-036.pdf
• ISSN: 2335-1039; 2437-0754

As a result of the inability of developing countries to cover the expenses of investment projects on their lands, these countries, including Algeria, have tried to attract national and foreign investors who wish to invest their money outside their countries of origin As these investors usually resort to emigration from their countries and prefer these developing countries to set up their projects in order to avoid the high rise of taxes resulting from the exploitation of the environment and evasion of the strict procedures applied in the field of environmental protection. Algeria, as a developing country that weakens or lacks conservation considerations, remains a country where investors whose projects lead to the emission of substances that cause pollution to the environment and which are not allowed in developed countries are frustrated. In order to deal with harmful and polluting environmental activities, the Algerian State is trying to impose rules of civil liability on these investors to avoid natural disasters and to impose rules to protect the natural environment from pollution that could be inflicted on the Algerian state as a result of the activities and activities of investors harmful to the environment This goal. In this paper, we seek to analyze Law 03-10 on the protection of the environment in the framework of sustainable development in Algeria to highlight the impact of the role of the judge in determining the civil liability of investors with the possibility of prosecuting them to pay appropriate compensation for their actions.