Despite the efforts made by the legislation to protect the environment, there are a number of problems and difficulties with regard to environmental damage, including the lack of a legal representative to defend nature against such harm. This ambiguity in the legislation leads to vagueness, as the law only regulates the areas of legal entities or individuals, without any specific stipulations for the climate and the environment.
In order to overcome this problem, many have tried innovative solutions to overcome the lack of personal injury in relation to pure environmental damage, since the damage, in most cases, does not affect legal or natural persons, whereas one of the conditions for an action for damages, according to the general rules of civil liability, must be personal. More and more jurists believe that it makes sense to "personify the environment or nature". In practical terms, this means giving nature or the environment the status of a "legal entity", like natural or legal persons.
This policy paper is written by Oussama Belhadi, a researcher at Mohammed I University in Oujda. It emphasizes the importance, and indeed the urgency, of providing the environment with a clearly defined legal status in order to contribute to efforts to combat the effects of climate change.