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The effectiveness of liability for noise pollution | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 37, Volume 16, Issue: 3, September 2026, Pages 1062-1113 PDF (1.14 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2026.173033.1783 | ||
| Author | ||
| Riyam Abbas Ali* | ||
| Al-Furat Al-Awsat University Najaf Technical Institute / Department of Forensic Evidence | ||
| Abstract | ||
| This study addresses the tort liability for nose pollution in Iraq, which is one of the main elements of environmental pollution, with the aim of achieving the maximum possible protection for those affected by the dangers of this pollution, through a study of the provisions of the Iraqi Civil Code, the Iraqi Environmental Protection and Improvement Law No. 27 of 2009, and other laws such as the Public Health Law, the Noise Control Law, and judicial decisionsIt became clear from reviewing the various topics that the protection of the affected party and the liability of the negligent party for noise pollution are subject to the provisions of a number of laws and regulations, not just the law of protection and improvement of the environment. This is problematic in addressing and studying it, and this requires making efforts to find appropriate solutions that are consistent with protecting the affected party and reducing its impact The review of the topics also revealed that compensation for tort liability is one of the priorities that the Iraqi legislator took care of when dealing with the texts related to liability. Therefore, he distinguished it from other issues by mentioning the conditions stipulated by the Iraqi legislator, which are represented by the availability of the elements of tort liability, namely fault, damage, and a causal relationship. Then, he arranged for the availability of these elements to establish tort liability and to arrange its effect represented by | ||
| Keywords | ||
| Tort liability; noise pollution; damage; fault; in-kind compensation | ||
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