The Balance Between the Lawful Protection from Noise Pollution and The Freedom of Economic Activity

Abstract

Noise pollution is considered one of the most prominent problems resulting from manifestations of urban development and increasing industrial activity, which have directly contributed to disrupting environmental balance. This disruption has led to a direct infringement upon the human right to a healthy and safe environment. Accordingly, a major problem arises, namely the extent to which legal legislation is adequate in protecting individuals from noise pollution, or whether such legislation suffers from legislative shortcomings or a regulatory vacuum that limits its effectiveness Thus, it has become necessary for the competent authorities to establish a form of balance between protecting individuals from the harmful effects of noise pollution and meeting the requirements of economic development. The importance of this research lies in mechanisms of administrative protection to achieve a balance between protection from noise pollution and the freedom of economic activity, as well as clarifying the legal liability that may arise in the event that those authorities fail to properly perform their duties The study has reached several key conclusions, most notably the absence of an effective practical application of legal provisions that protect individuals from pollution. The study also presents a number of proposals, including urging the Iraqi legislator to intensify penalties for the crime of noise pollution by increasing the fines stipulated in the applicable laws, in addition to strengthening liberty-restricting penalties. Accordingly, the study requires division into two sections: the first addresses the concept of noise pollution, while the second examines the legislative approach and mechanisms for protection against pollution.