الملخص الإنجليزي
Abstract :
This study addresses the subject of "The Administrative Control in the field of Protection Marine Environment in the Bahraini and Comparative legislation". This Study is divided into two chapters, preceded by an introduction, preamble chapter and ended with conclusion containing the findings and recommendations.
In the Preamble chapter, I clarified the scope of Marine Environment Protection, the characteristics of administrative control and its advantages related to the Protection of the Marine Environment. The chapter concluded to consider the Protection of the Marine Environment is one of the basic rights and duties that fall on each of states and individuals the responsibility of sustaining its wealth. Its also, considered as an economic component of the state and a recent goal of administrative control, which requires the preservation of public order with all its implications, whether in the field of maritime security, public health, or public tranquility.
The First Chapter of the study dealt with the legal framework for Marine Administrative Control and its bodies. It concluded that the Protection of the Marine Environment and Development are intertwined and cannot be separated, and therefore the Marine Administrative Control works to achieve a real balance between the Protection of Marine Resources and Development Interests by setting controls that individuals adhere to in their activities in a manner that does not affect the security and safety of the Marine Environment, and by using its broad powers In applying the preventive policy in Protecting the Marine Environment.
Also, I explained at the Second Chapter, the Judicial Oversight on the Marine Administrative Control Decisions, and I concluded that the Authorities are not absolute in the implementation of its controlling function, but rather adheres to the sources of the principles of legality, taking into account the inclusion of legal rules in the legislative hierarchy. In addition, the Administrative Judiciary Oversight comes as a legal guarantee to protect the individual's rights and freedoms in practicing their activities from the arbitrariness of the Marine Administrative Control Authorities when performing their duties. It is also clear to us from the extrapolation of administrative judicial rulings, that the Egyptian Administrative Judiciary has been interested in listing various environmental judicial rulings which include the Protection of the Marine Environment, unlike the Kuwaiti and Bahraini counterparts, which is due to the absence of an administrative department specialized in environmental claims.
