Legal Protection Mechanisms Against Pollution of Natural resources - Petroleum - of the Marine Environment (An analytical Study in Libyan Legislation and International Law)
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Abstract
In general , maritime Environment is considered one of the elements of the ecological system therefore, the pollution that has been caused to it by the misuse of natural resources (Petroleum) constituted significant risk to maritime and non-maritime countries due to the natural criteria of the maritime environment ignores the drawn borders of countries the matter that render the problems that occur within the sovereign waters or beyond that require integrated solutions through mutual overlap between the private and public international law therefore , we addressed the topic of Petroleum pollution to maritime environment and the role played by international community and the Libyan state in fighting such pollution with several international and regional conventions and through the efforts of the Libyan project in such regard. In such regard, we utilized both descriptive and analytical approaches and we concluded with results that are mainly: The petroleum pollution to the maritime environment is still existent the matter that provides evidence on the poor ultimate penal aspects in the Libyan legislation and the marginalization of the obligatory aspect of international convention that punish violators. We highlighted various recommendation , mainly, related to Libyan legislation: The necessity to issue national legislation related to oil corporate liability and responsibility for the petroleum pollution that has been taken place in the maritime environment caused by oil excavation and extraction and its transportation through oil pipes in addition to a legislation that includes legal clauses that regulate oil filling , transportation and discharging operations from and to vessels and carriers in addition to regulating their cleaning in a manner that ensures the protection of maritime environment thus define liability related to all pollution activities that are caused by all.