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Re-Thinking Sanctions for Air Pollution Criminals in Iraq Ibrah

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Re-Thinking Sanctions for Air Pollution Criminals in Iraq Ibrah Towards an Effective Enforcement of Environmental Criminal Law: Re-thinking Sanctions for Air Pollution Criminals in Iraq Ibrahim Mahmood A thesis submitted to the University of Salford, School of Business & Law in fulfilment of the requirements for the award of degree of Doctor of Philosophy 2019 I Acknowledgement All praise firstly belongs to the Lord Almighty Allah, our creator, sustainer and provider who has blessed us human beings with the wonderful gift of intellect, and the strength and ability to begin and successfully complete a task. There are numerous persons to whom I would like to express my sincere appreciation for their assistance to me in completing this thesis. If I were to mention everyone by name, I would almost certainly inadvertently miss somebody and the list would be very lengthy indeed, so I would like to make some general and some specific thanks. My first and foremost thanks are going to Dr. David Rossati, my supervisor, for his support and encouragement through my study and his guidance and insightful comments as well as his great patience which have impacted significantly on my research. I owe him a great debt of gratitude. I would like also to thank the Iraqi Ministry of Higher Education and Scientific Research for granting me a scholarship to complete my study and also I would like to thank the Iraqi Culture Attaché. I would like also to thank the University of Kirkuk and the School of Law and Political Sciences for their support. I would like also to acknowledge my thanks to Dr. Jenny Kanellopoulou, my second supervisor. I would like also to thank Salford School of Business & Law staff particularly Prof. Ralph Darlington, Dr. Maria Kutar, Dr. Marie Griffiths, Dr. Mostafa Mohamad and Mrs. Michelle Jones for their support. I would like also to thank Prof. Mustafa Alshawi, Prof Vian Ahmed and Dr. Chrow Khurshid for their support. Finally, I would like to thank all my family members and my friends who have supported me throughout my Ph.D. study. I am truly grateful for everyone who in one way or another contributed to this study. Ibrahim Mahmood II Dedicated To all of the Iraqi people who have martyred and lost their families because of wars; For my parents who have passed away but who have paved the way for me and upon whose shoulders I stand; This is also dedicated to my lovely brothers, sisters and their children. III Table of Contents Acknowledgement ................................................................................................................................. II Dedicated .............................................................................................................................................. III Table of Contents ................................................................................................................................. IV List of Tables ........................................................................................................................................ XI List of Figures ...................................................................................................................................... XII Table of Cases ..................................................................................................................................... XIII List of Abbreviations .......................................................................................................................... XV Abstract .............................................................................................................................................. XVII CHAPTER ONE ................................................................................................................................... 1 INTRODUCTION ................................................................................................................................. 1 1.1. Introduction ............................................................................................................................... 1 1.2. Statement of Problems .............................................................................................................. 2 1.3. Research Purpose and the Significance ................................................................................ 12 1.4. Research Aim and Objectives ..................................................................................................... 15 1.5. Research Questions ...................................................................................................................... 15 1.6. Research Methodology ................................................................................................................ 16 1.7. Research Limitations ................................................................................................................... 18 1.8. Contribution to Knowledge ......................................................................................................... 19 1.9. Ethical Considerations ................................................................................................................. 21 1.10. Research Structure .................................................................................................................... 21 CHAPTER TWO ................................................................................................................................ 23 CONCEPTUAL FRAMEWORK FOR UNDERSTANDING AIR POLLUTION PROBLEM IN IRAQ AND CRIMINALIZATION OF ENVIRONMENTAL HARM AND PUNISHMENT .... 23 2.1. Introduction .................................................................................................................................. 23 IV 2.2. The historical development of the protection of the air environment in Iraqi legislation ..... 24 2.3. Country Profile ............................................................................................................................. 27 2.4. An Overview of Environmental Air Pollution Problems in Iraq ............................................. 29 2.4.1. Demographic factors ................................................................................................ 35 2.4.2. Geographical factors ................................................................................................ 37 2.4.3. Industrial factors ...................................................................................................... 39 2.4.4. Security-related factors ........................................................................................... 41 2.4.5. Economic and social factors .................................................................................... 41 2.4.6. Conflict pollution and the toxic remnants of war ................................................. 42 2.5. Sources of Air Pollution in Iraq .................................................................................................. 45 2.5.1. Air pollution from natural sources ......................................................................... 46 2.5.2. Air pollution from fixed industrial sources ........................................................... 47 2.5.3. Air pollution from movable industrial sources ..................................................... 49 2.6. Effects of Air Pollution on the Environment in Iraq ................................................................ 50 2.7. Environmental Principles under the Iraqi Legislations ........................................................... 52 2.7.1 Sustainable development .......................................................................................... 54 2.7.2 The “polluter pays” principle ............................................................................ 60 2.7.3 The precautionary principle .................................................................................... 66 2.7.4 Subsidiary principles ................................................................................................ 72 2.8. How to Punish Environmental Pollution in Iraq? Some Reflections on Various Models of Criminalization of Environmental Harm ......................................................................................... 74 2.8.1 Model A: Abstract Endangerment ...................................................................... 76 2.8.2 Model B: Concrete Endangerment ...................................................................... 83 V 2.8.3 Model C: Serious Environmental Pollution ........................................................ 87 2.8.4 Model D: Vague Statutes ...................................................................................... 91 2.9. Conclusion .................................................................................................................................... 98 CHAPTER THREE .......................................................................................................................... 100 REVIEW AND EVALUATION OF ENVIRONMENTAL LAWS AND RELATED PROVISIONS OF AIR POLLUTION IN IRAQ ........................................................................... 100 3.1. Introduction ................................................................................................................................ 100 3.2. Environmental Legal Framework with Respect to Air Pollution in Iraq ............................. 102 3.2.1. Iraqi Constitution of 2005 ...............................................................................
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