Dr. Jamal Paravi
Associate Professor of Public International Law
College of Law, Al Ain University, UAE

Abstract:

This research deals with the topic of international responsibility for environmental damage by studying the historical foundations and roots upon which the system of international responsibility for environmental damage was based in Islamic Sharia and in international law alike, and it displays and discusses the Sharia and international concepts as well as the theories upon which the system of responsibility for environmental damage in Sharia and in international law were based. The research presents this topic through two main themes: the first is devoted to talking about the international responsibility for protecting the environment in Islamic jurisprudence, and the second deals with the talk about international responsibility for environmental damage, relying on the descriptive analytical method with the aim of producing a comprehensive and accurate briefing on the subject of the research given, and the presentation of the rules of legitimacy, jurisprudence, and various legal theories on the basis for establishing liability for environmental damage, analysis of international judicial rulings and court trends in establishing international liability for environmental damage, as well as estimating the compensation resulting from it.
The problem of research is the adequacy of the legal, jurisprudence and legislative rules, both traditional and modern, in addressing the issue of international responsibility resulting from environmental damage and in showing the efficiency of those rules that have been relied upon to organize international responsibility against countries for environmental damage and their suitability to the renewed risks that they are exposed to besides its environment in the current era. The research paper dealt with the problem of addressing the effects of establishing international civil liability for environmental damage and the difficulty of assessing that damage and estimating the appropriate compensation by the courts.
The paper concluded with a set of results, the most prominent of which is that the rules of international law that govern international responsibility for environmental damage are still in the early stages of development, unlike the system of integrated Islamic legislation and principles in this regard, which can be resorted to at all times. The research also concluded by recommending the necessity of developing practical mechanisms to implement the rules of Sharia and Islamic jurisprudence in the face of environmental risks, and the necessity of adopting these rules in international agreements and legislation.

Keywords: international responsibility, jurisprudence rules, environmental damage, compensation in kind, financial compensation.

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