introduction
States consider that the establishment of projects to provide job opportunities or establishment of new communities is one of the most important of economic and political objectives, which they are seeking in various ways and means to ensure more investments, whether national or non-national, to face the increase in population and in the same way to achieve the goals of social justice .
This helps to provide more stability especially for the national economy and the necessary to provide the non-political capabilities to face the challenges of life, whether daily challenges or in future challenges, as well as the necessity of development for current society and future generations.
Considering the continuous scientific development, it has become imperative for those concerned with effort to keep up with the development with the events of the necessary change.
Considering that the pursuit of change is not only the pursuit of a goal of social justice but also the creation of the change necessary to achieve both social justice and environmental justice to be the wings of economic justice.
Therefore, it has become necessary to do what is needed.
Whether it is a counter to the issuance of new legislation, the amendment of some provisions in the current laws regulating the arbitration process, the addition of environmental arbitration science to the science of commercial arbitration, in addition to taking infringement is not necessary to study environmental contracts, whether at the national or international level, and add them to typical contracts to provide appropriate readiness to face future challenges.
Subject
The stages of the establishment of any project are often divided into two basic stages, which is the stage of negotiation and signing of the contract, and the second stage, which is the stage of operation.
In the first stage, which is the stage of negotiation and contracting, where the bilateral relationship is specific between the owner and the technological supplier, and often this bilateral stuck rule is governed by an important rule known well as the Win-Win situation, and one of the most important objectives of that rule is the constant pursuit of only the common goals of the parties, which ends with the signing of a contract to be invoked by only the parties concerned as a reference , in case of disagreement or etc., on how to apply a certain mechanism related to one of the clauses of that contract or in the event of a dispute .
There is also no agreement on a certain method or mechanism agreed upon to be applied in the event of any dispute, and often there is no choice between resorting to the judiciary or resorting to post-negotiation arbitration.
The occasion to resolve any dispute that may arise between them and therefore the arbitration at this stage can be described as commercial arbitration etc.
in that stages the contract is often as we mentioned bilateral except for the parties between the owner of the project and the technology supplier where it ends as soon as the stage of preparing the project for the production stage is finished.
At this stage, the parties to the contract are interested in achieving the various conditions, including technical requirements, and other environmental requirements and compatible with laws and regulations so that it is possible to obtain the licenses that are not necessary to start the operation of the project, that is, the environmental framework is what is done from the work of the machine during that stage.
Either the second stage, which is the stage of starting the operation or theactual product, where it starts here on the triple .
Between the owner of the legislator, the consumer (direct) and the consumer (indirect … Society) in a public destination and the environment surrounding a private destination on the other hand .
As we shed more lights on that stage, it will become clear to us the importance of what we need to establish and what we seek in terms of changes commensurate with the future vision and the necessary shift towards achieving environmental justice towards all living beings, not just humans.
And as we mentioned .
The transformation needed at that point must take place in the presence of a governing environmental contract.
(Sustainable Green Contract)
Whether for the construction process (concerned with infrastructure) or the operational process (concerned with waste management) and expressing the shift from the stage of the bilateral base with noenvironmental legal framework to the stage of the third base with a sustainable development framework.
This stage, (negotiation and contracting phase) is the starting point where it is the turn of implementing sustainable development projects (according to governing contracts) to ensure that only such purposes are used, or materials and energy cleaned.
To complete the vision, the shift from just considering of arbitration as (commercial arbitration) only to the importance of considering arbitration is (environmental arbitration) must also be activated.
