Liability for Environmental Damage in Iranian and International Law

International Journal of Political Science

دوره 12، شماره 6، بهمن و اسفند 2022، صفحه 211-256

نوع مقاله: Original Article

نویسندگان

Azin Rahmanian¹؛ Iraj Goldozian^{* 2}؛ Seyed Bagher MirAbbasi²

¹Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran

²Department of Law, Faculty of Law, University of Tehran

چکیده

Civil liability in environmental damages is one of the new legal institutions that has increasingly attracted the attention of private lawyers and legislators. Today, due to the fact that pollution in Iranian law has become very high, this will cause many risks and losses, including large financial losses and irreparable damage to health. It is very necessary and vital to anticipate the appropriate rules and regulations in this field. The first theory in the theory of environmental pollution responsibility is the theory of fault. Therefore, the purpose of this study is to investigate the responsibility of environmental damage in Iranian and international law. Although governments today are responsible for their own harmful actions, since the civil liability of the government in Iran is based on fault, it is difficult to compensate for many of the damage done to the environment. Therefore, it was better to consider pure responsibility for the perpetrators of environmental damage and pollution. Damage to the environment and the resulting damage is one of the problems faced by today's society, and that the environment has been seriously damaged in various ways on a daily basis, but regardless of the damage to a particular person, it has been left without compensation. And no one bears this responsibility, so due to the need to compensate for any loss or damage, in most legal systems, the study, evaluation and discussion of civil liability for environmental damage, will have a special place in jurisprudence.

کلیدواژه‌ها

Environmental degradation؛ Environmental pollution؛ Environmental compensation