Green Commercial Contracts as a Tool to Reduce Emissions and Pollution in Iraq

Abstract

Given the importance of commercial contracts in economic life in Iraq and the extent of their impact on the safety of the environment, as they can have a positive or negative impact on the environment depending on the method of their implementation, the agreements concluded between their various parties (due to the diversity of business) need to be environmentally regulated by setting contractual conditions by the legislator to ensure their good implementation in a way that is not harmful to the environment and not using energy means in traditional production (coal, oil, gas) because of the great harms they cause to human health and also to ensure the permanence of environmental resources and apply penal conditions in case of violation, the global trend today is moving away from polluted traditional energy sources and that Reduce carbon and toxic gas emissions.

This is guaranteed by the permanent Iraqi Constitution of 2005 for individuals to live in sound environmental conditions, which contributes to attracting environmental innovations and adhering to environmental standards. Since green commercial contracts are one of the most important legal tools to enhance the protection of the environment within the commercial sector and in a way that achieves a balance between achieving profits and preserving the integrity of the environment for current and future generations through the use of clean energy (such as wind energy, solar energy, hydropower, biofuel energy and groundwater energy). They are renewable energies in themselves and their follow-up by companies, investment projects and factories, but add many advantages to them, in addition to identifying the state mechanisms in protection from commercial contracts. Environmentally harmful through the Ministry of Environment Law No. 37 of 2008 and the Environmental Protection and Improvement Law No. 27 of 2009 in force, since maintaining the environmental system, monitoring violations, imposing penalties and seeking to eliminate sources of pollution, emissions and toxic gases is primarily the responsibility of the government, in addition to indicating the extent to which the concluded commercial contracts are subject to the regulatory provisions stipulated in the Environmental Protection and Improvement Law and the penalties prescribed for projects that violate the controls and standards of maintaining a healthy environment and the role of the environmental monitor and the environmental government in monitoring and addressing violations.