Legislative protection of the environment and its role in achieving sustainable development

Abstract

Since the Stockholm Conference of 1972, the world has witnessed a fundamental shift in recognizing the environmental risks resulting from industrial and technological development. This shift has generated environmental disputes that require specialized legal frameworks. Consequently, the international community adopted a system of agreements and legislation aimed at protecting the environment and reducing pollution, culminating in the United Nations General Assembly’s Resolution No. 76/300 of 28 July 2022, which recognized the right to a clean and sustainable environment as a fundamental human right. As a result of these developments, states have become obligated to harmonize their domestic laws with international agreements that embody global commitments in this field.                                                             

In line with this trend, many countries have incorporated explicit constitutional provisions for environmental protection and enacted specialized legislation to ensure such protection. The Jordanian legislator has likewise adopted a set of general and specific environmental laws; however, it has left jurisdiction over environmental disputes to ordinary courts without establishing a specialized judiciary for this type of case.  

This study aims to analyze the role of the legislative framework in environmental protection and to assess its adequacy in addressing environmental disputes, which are characterized by their complexity and the interconnection of national and international dimensions. It also discusses the need to strengthen law enforcement mechanisms and to consider establishing specialized environmental courts—referred to as “green courts”—based on advanced environmental laws and agreements, in order to achieve a balance between environmental protection and the requirements of sustainable development