التزامات الدول في مواجهة الكوارث البيئية العابرة للحدود دراسة في القانون الدولي

Abstract

This study examines states' legal obligations in the face of transboundary environmental disasters, such as industrial pollution and climate change, which affect multiple environments across national borders. It reviews international agreements, such as the United Nations Framework Convention on Climate Change (UNFCCC), and assesses their effectiveness in addressing these disasters. The study also analyzes legal gaps in the implementation of these agreements and explores the impact of national sovereignty on the execution of international obligations. The study employs a descriptive-analytical approach, collecting data through the analysis of international legal texts, such as environmental agreements and treaties, as well as reviewing reports from the International Court of Justice and international environmental organizations. Comparative analysis was used to compare the legal frameworks of different countries, and qualitative analysis was conducted through interviews with environmental legal experts.

The findings show that states are legally obligated under international law to address transboundary environmental disasters. However, the implementation of these obligations varies according to states' political and economic capacities. The study also reveals legal gaps in defining the international responsibility of states causing environmental damage, and international cooperation suffers from political and economic challenges that affect its effectiveness. The study recommends legal reforms at both the international and national levels to strengthen states' responses to transboundary environmental disasters and to activate effective accountability and compensation mechanisms to guarantee the rights of affected states.