فاعلية أصول التنازع في حكم العلاقة بين الدول وأشخاص القانون الخاص التلوث البيئي أنموذجا "دراسة تحليلية مقارنة"

Abstract

We

may be in private international dispute even its rises from environmental pollution، and the parties are states، as well as this dispute may be raisin when one the parties is normal person، while the other is a state. And the state may be the responsible about the pollution while the ordinary person is the damaged person،  and the reverse . The importance of this studying that ،this kind of the disputes for the special nature for these disputes، because the environmental pollution do not directed to specific person but it will injured him in undirected way. This kind of pollution began to spread widely in presents days، and it becomes necessary for the legal studies  to face this topic ،to know what are the legislative guaranties  provided by the private international law to protect the legal situation for the private persons ، and checking the ability  of this rules to support and supply the legal protection against the danger of the pollution . all this to provide the legal certainty as well as  the harmonizing between the legal systems to resolve the contrasting between the states. Because these disputes are across borders. What means the difference in legal rules regulation these disputes . this what was the cause that call the state to sign international treaties to regulate these disputes. No doubt this matter will differ from legal system to others and to stand on this problem we will divided this research  into two chapters : the first one will be for environmental pollution made by normal persons ، will the second chapter will be the environmental pollution made by the stares.