The role of the prohibition of detriment rule in preventing conflicts of interest in implementaion of environmental protection laws

Subject Areas : Governmental jurisprudence

hossein shahbeik ¹ , Mohammad Javad Heidari ² , Mohammad nazari ferdoseih ³

1 - PhD student in Jurisprudence and Fundamentals of Law, Qom University
2 - Assistant Professor of Jurisprudence and Fundamentals of Law, Faculty of Theology, Qom University, Qom, Iran
3 - Assistant Professor of Jurisprudence and Fundamentals of Law, Faculty of Theology, Qom University, Qom, Iran

Received: 2021-09-21 Accepted : 2021-12-23 Published : 2022-06-22

Keywords: The prohibition of detriment rule, the environment, the rules, prevention, Conflict of interest,

Abstract :

According to most of environmental experts, the main reason for the Enviromental crisis is due to some legal defects that cause conflicts of interest in implementation of environmental laws and regulations. Meanwhile, in the light of the provisions of Article 2 of the Law on Environmental Protection, some governmental agencies which are in charge of the environmental protection are one of the main parties to this conflict. The solution to this problem can be reached through reviewing the provisions of Article 2 which has delegated the legal structure and status of the most important custodian of environment, The High Council of Environmental Protection, to an Intra-Departmental and Inter-Ministerial Administrative Council. In this context, some governmental agencies have preferred the interests of the ministry over the environmental interests of the country, whose decisions and approvals in the field of environment are drawn within the framework of the government's short-term economic interests, and in practice, environmental laws and regulations are overshadowed by these interests. Based on the rule of Prohibition of Detriment the position of this council should be upgraded from the Administrative Council within the branch to an inter-force (between Executive, Legislative, and Judiciary Forces) and governing council. This can be an effective step in resolving conflicts of interest and in implementing environmental laws and regulations.