Balanced development of the criminalization of unauthorized use of water

Subject Areas : Regional Planning

asdollah keshavarz ¹ , mohammad ashouri ² , mohammadali mahdavi sabet ³ , shahram Ebrahimi ⁴

1 - Ph.D in criminal law and criminology at Islamic Azad University, Science and Research Branch, Tehran, Iran
2 - Professor of Criminal Law and Criminology, Islamic Azad University, Science and Research Branch, Tehran, Iran
3 - Associate Professor of Criminal Law and Criminology, Islamic Azad University, Science and Research Branch, Tehran, Iran
4 - Associate Professor of the Department of Criminal Law and Criminology,Faculty of Law and Political Science, Shiraz University, Shiraz, Iran

Received: 2019-04-10 Accepted : 2019-12-20 Published : 2020-01-21

Keywords: development, Water safety, Balanced, Water judicial measures, Criminal and non-criminal enforcement of water,

Abstract :

       Regarding this point that underground water sources play a significant role in providing water for agriculture and drinking needs and living of people in many parts of the country depends on these sources are in a great danger because the owners of allowed-wells are trying to use the sources over allowed capacity from the country aquifers and also there are people who are using unauthorized well.  The environmental  crimes related to water   are of the fourth rank of International criminal activities and the first, second ‘and third rank goes to drug dealing forging and human trafficking respectively. The finding of the study based on analytical and descriptive method as well as data collection shows that the judicial policy and planning related to those crimes of water which directly affect the human beings life and health are of enough speed to deal with crimes as well as issuing verdicts and execution .But there is neglection and also lack of responsibility in prosecuting  the crimes which have indirectly effects on people’s life and health.
 
Keywords: Water safety, Development, Balanced, Water judicial measures, Criminal and non-criminal enforcement of water.
 
Extended Abstract
Introduction:
         There is an increasing need for human beings from one hand and the shortage of water in drylands from other hand, and this problem causes an increasing use of water specially the underground water resources.  There would be sever water crisis if we cannot manage the use of surface water resources properly which can bring social, economical , and political consequences with itself . The total area of Iran is 165 million acres and only a bout 37 million acres are suitable for farming.water resources constraint makes is hard for farming and 8 million acres of lands are under water cultivation , The rest are 6 million acres of dry farming and about 4 million acres of fall cultivation. The agricultural, environmental , social , economical , and legal criteria should be considered in order to provide a better cultivation as well as proper management .There is also and idea that a proper planning of water resource management can save more than 50 percent of water.
Water resources management and development act like a dynamic factor in investment , planning , and creating environmental facilities for utilizing water resources, has been stablised for so many years and its main facus is on development of water resources, environmental, legal, and organizational topics. Regarding this point that underground water sources play a significant role in providing water for agriculture and drinking needs and living of people in many parts of the country depends on these sources are in a great danger because the owners of allowed-wells are trying to use the sources over allowed capacity from the country aquifers and also there are people who are using unauthorized well.  The environmental  crimes related to water   are of the fourth rank of International criminal activities and the first, second ‘and third rank goes to drug dealing forging and human trafficking respectively
The main problem which the researcher are trying to find an answer for it the researchers are seeking answer for the main problems and they are as follows:

To some extend the judicial policy of Iran is in line with the legislative policy, aims, and the needs for the protection of water resources?
“To some extend Iran judicial policy is the priority of the judiciary”?
“How is the cooperation of judiciary system with other organizations and executive agencies by regarding the sustainable development?

Methodology:
         The research method is a descriptive – analytic one, using library resources such as books, document, rules, judicial and non – authorities, votes, and circulars issued by the authorities. The method of research is as follows: This research uses a qualitative- hybrid way which consists of documentary study method as well as qualitative content analysis. All legal documents and circulars used in judicial practice by judges in dealing with environmental crimes have been investigated in the document study section. All documents, Articles, and circulars which are the basis of judicial procedure in dealing with environmental crimes have been studied in the section of documentary study. Some cases related to the investigations of  Fars province jurisdictions and non-jurisdiction authorities have been studied in the qualitative content analysis section.
Results and discussion:
         Development is a comprehensive, economical, social, cultural, and political process. Whose aim is the improvement wealth of the whole society. But in order to confine the development, an organization named         development take from the human rights   and environmental right has been made and is recognized and protected by the world society.  Is some case like water pollution, giving enough authority to In criminal law, mass scattering is basically in the fields of water resources protection and specially underground waters.  If we want to execute the low, first we should give enough power to relevant authorities, such as EPA and the ministry of         to do necessary inspections, sampling, and have sufficient care equipment’s.  Which the huge and smaller wits are working properly, those units which should be assessed by environmental standards; they should install momentum monitoring systems (online) and send the data (information) to Environmental protection agency in order to prevent air pollution. The issuance and extension of operating license is closely related to the execution of this issue. (Clean air act 1396).
This method should be used for water and its resources which are polluted with a focus on the responsibility of one organization instead on distribution across multiple organizations. This can be used for other elements of nature. Inconsistency of rules not only shows the lesser sensitivity of government and parliament but it seems that the aforementioned forces instead of predicting future behavior of abusers for these crimes and trying to preventing them , are waiting  for misbehavior and trying to deal with them after happening. They have happened. Inconsistency of rules, and doubtful legislation, or long –term regulatory legislation make it possible for dissemination of judicial procedure to happen. Extension  aggression to the environment is the result of this kind of disorder , Adopting specialized and comprehensive laws inspired by local and universal strategies of protecting the environment can be very impressive.
We should say that environmental victim is a human being or any other creature which is harmed by deliberate or careless behavior of others.
Conclusion:
           The nation of environmental victimization defined by regarding human interest and harm to human. Regarding the above mentioned statements, with respect to the effects of these crimes, and study of environmental rules we can say that Iran criminal judiciary policy is affected by the crimes related to water which can directly affect the  human health and life with focusing on speed up in prosecution until trial and criminal response and is a priority for judicial review.            

References:

1. Abbastash, Mohsen (2011): Iranian Criminal Policies in the Territory of Water Resources, Master Thesis, Shiraz University, p130.                                                          


2. Bakhshi Jahromi, Arman and Partners(2014): The Root of the Law to the Root of Water: An Analytical Studiy on the Law of Assignment of Water Wells Without Operating Licenses, Journal of Irrigation and Water Engineering,Fifth Year,No.18,p138.


3. Beigi Khashk, Aazam(2011): Groundwater Management with Sustainable Development Approach, Master Thesis, Faculty of Engineering and Technology of Agriculture,University of Tehran,pp1-120.                                                                       


4. Bezi KHodarahm and Partners(2010): Water Crisis in the Middle East(Challenges and Solutions), proceedings of the Fourth International Congress of Islamic Geographers, zahedan, p3.                                                                                                                                     


5. Bashiri, Abbas and Partners(2013): The System of Water Rights,Publisher: Jungle,


6. First Edition, Tehran.                                                                                                                    


7. Caponeira,Dante Augusto(2013): Principles of Water Rights and Management, Traslation Mohsen Abdullahi and Asli Abbasi, Publisher Institute for Legal Studies and Research of Danesh, Tehran.


8. Ebrahimhan and Partners(2016): Judicial Investigations(4), Publisher: Judiciary   Research and Publication Center, First Edition,Tehran.                                                           


9. Handy,S (2010):Sustainable Development Management, Masters Thesis, University of California, Department of Geography, Berkeley,1-170.  


10. Hanjra, M.A., Castillo, G.E., Munk Ravnborg, H., Smith, L. and Van Koppen, B., (2010): Agricultural water management and poverty linkage,Agricultural Water Management, VOL. 97, No 4, pp. 520-527.                                                                      


11. Heidari, Hamed(2013): Description and Analysis of Water Legislation in Iran, Master Thesis, University of Low and Political Science, Islamic Azad University of Taft Branch, p 15. 


12. Hojjati Ashrafi,GHolamreza(2002): Complete Set of Penal Rule, Publisher Ganje Danesh, Second Edition, Tehran.                                                                                            


13. Hoseini, Seyed Hosein and Jahandideh, Zahir(2016): The Challenges of Criminal Defense of Legislation, A Case Study of Gonabad Caspian Aqueduct,  Journal of Energy Low Studies, Volum 2, No2,p281.                                                                                                


14. Jafari, Amin and Ahmadi, Asghar(2015): Populism in the Field of Environmental Criminal Policy, Journal of Biological Ethics, Fifth year, No.15, Tehran, pp71-91.             


15. Jafari Nadooshan, Ali Akbar(2016): Balancing Water Resources in the Light of Modification of Private Ownership of the Right of Exploitation,Journal of Energy Low Studies, Volum 2,No.1,p34. 


16. Jeff Karen,(2012), Providing an applied index to assess water resource balance and development sustainability , University of Wisconsin – Madison.1-340.


17. Kahrizi,SHila(2014): Investigation of Good Gooverance in Improving Water Management, Islamic Azad University Tehran Branch, Scool of Management and Accounting.


18. Kalantari,Kumars & Partners(2017): Establishing a Sustainable Legal Framework for Integrated Water Resources Management in Iran’s Watersheds,Strategic Journal of Public Policy,Volum 7, No. 25.


19. Kardavani,Parviz(2004): Source nad Issues of Water in Iran, First Leather, Seventh Edition,Publisher University of Tehran. Tehran.


20. KHaledi, SHahriar(2010): Biogeography, Publisher Qomes, Second Edition, Tehran.  


21. KHaleghi, Abolfath and Rashnoodi, Hojjatollah(2013): Iran s Criminal Legislation in Protecting Water Resources Based on International Document, Journal of Criminal Low Research, Second Year, No Three, p137.                                                                                   


22. Koh, M.H., (2003): Status of agricultural water in Korea: water use and wate quality. National institute of agricultural science and technology (RDA). Korea.-Namara, R.E.,.


23. Laurent, B (2017): Enjeu majeur du développement (broché).


24. Mohsenzadeh,Ahmad Ali & Partners(2009): Environmental Rights( Theories and Procedures), Publisher KHorsandi, First Edition, Tehran. 


25. Nasrabadi,Esmaeil(2015): Environmental evidence of water crisis and some solutions. Journal of Sicial Cultural Strategy,Fourth year,No.15.


26. Poorhashemi, Seyed Abbas and partners(2016): Formation and Development of the   Concept of Future Generations Rights in the International Law of the Environmental  Law, Journal of Environmental Science and Technology, Volum 18, No.3, p168.


27. Rahimi, Hosein(2003): Water Crisis:An Unknown Global Problem, Noor Peak Quarterly Journal of Humanities, No2, First Year.                                                          


28. Rahmanian,Mehrzad(2011): The Main Water Challenges in the South of the Country, Master Thesis, School of Agriculture, Islamic Azad UniversityShiraz Branch, pp140-1.                                                                                                                                                          


29. Ramezani GHavam abadi,Mohammad Hosein & SHafighfard,Hasan(2016): Sustainable Development and the Right to a Healthy Environment( Outlook For Future Generations), Global Policy Research Quarterly, Volum 5, No.1, pp 242-244.


30. Ramezani Ghavam abadi, Mohammad Hossein and Shafighfard, Hassan(1395): Sustainable Development and Right to a Healthy Environmental : Contradiction or Companioship.Quartery Journal World Politics, Fifth Period, the first number,Spring 1395,Pages 242-244. 


31. Rashdi Jahanabad, Rashid(2011): Paramilitary Authorities( Qualifications,Duties and Authority), Pulisher Navid Shiraz, First Edition, Shiraz.                                                   


32. Rashdi Jahanabad, Rashid(2017): Legal and Judicial Challenges of Non-Operating Water Wells Assignment Low, Approved 2010/7/4, Proceeding of the National               Conference On Water Crisis, Crimes and Injuries, From Etiology to Prevention, Publisher Abshame, First Edition, Shiraz, pp187-188.                                                         


33. Reimer.A.(2013): us water policy: Trends and future directions. Washington; DC: National Agriculture and-Rural Development Policy center.


34. Rezaeian,Ahad & Rezayan,Ali Hosein(2016): The Future of Water Crisis Research in Iran Using Scenario, Journal of Echo Hydrology, No.1,Volum 3.                                        


35. Saghafi, Mehdi and Alizadeh, Hamid(1998): Evaluation of the Impacts of  Water Crisis  on the Development of Rural Settlements Using GIS(Area: Study Parishan Lake), First international Conference on Water Crisis, Zabol, Zabol University, Hamoon International Wetland Institute.                                                                                                  


36. Taghizadeh Ansari, Mostafa(1997): Environmental Criminal Law, Publisher Qomes, First Edition, Tehran.                                                                                                    


37. Velayati,Saadollah(2016): Water Resources and Issues im With Emphasis on Water Crisis,Publisher Sahra SHargh, Third Edition, Mashhad.                                                                                           

2. Ahmadi, Mohammad(2011): Balanced Development of the Water Regions in the South of the Country, Master Thesis, Faculty of Literature and Human Sciences, Mazandaran University,pp1-130.                                                                                      


3. Amini, Mahmood(Spring and Summer,2018): The Tribolojy of Iranian Laws for the Protection and Conservation of Water and Underground Resources, Law and Energy Studies, Volume 4, No.1,pp61-90.                                                                                                                           

9. Dabiri,Minoo and Bashiribod, Sahareh(2015): Environmental Pollution( Air-Water-Soil-Voice), Publisher Ettehad, Second Edition, Tehran

11. Ebrahimi, Meisam(Summer, 2019): Water Resources Management in Iran(Case Study: Qeshm), Master Thesis, Azad Universitey of Sistan and Baluchestan,pp.1-130.             


12. Ebrahimkhani,Fatemeh(2016): Public participation in support of water resources management policies Qazvin plain Emphasizing on blocking unauthorized wells and no over-extraction of permitted wells. Master Thesis, Faculty of Literature and Human Sciences, Mazandaran University,pp1-150.                                                                        

36. 35-Randy ,Mahesh (2010): The Role of Sustainable Management and Management Aspects in Presenting Top Ideas for the Water Crisis, MSc thesis, Faculty of Agriculture, Baden,1-200.

Zolfaghari, Yusef(2016): Water Low,  Publisher Majd, Second Edition, Tehra