Civil Liability Regime for Environmental Damage

Subject Areas : environmental low

Maryam  Afshari ¹ (Faculty Member, Department of Law, Damavand Branch, Islamic Azad University, Damavand, Iran)
Sobhan  Tayebi ² (Lecturer, Department of Law, Damavand Branch, Islamic Azad University, Damavand, Iran)
Roholla  Karimi ³ (Lecturer, Department of Law, Shahr Quds Branch, Islamic Azad University, Shahr Quds, Iran)

Received: 2017-08-16 Accepted : 2018-04-09 Published : 2022-09-23

Keywords: The regime of responsibility, jurisprudence and legal instruments, civil liability, International strategies, environmental damage,

Abstract :

Purpose context: Nowadays, the position of environmental protection is considered as an important and desirable matter. This issue becomes important to the extent that legal indicators are considered for it. The explanation and discussion of civil responsibility and the recognition of rightness and wrongness and the selection of each of its topics, including the theory of fault or risk, as well as citing jurisprudential theories such as harm, are among the important matters investigated in this structure. The purpose of this research is to examine environmental issues within the framework of civil responsibility and the procedure of instruments and responsibility as well as the existing legal regime. This research seeks to present and analyze the theoretical foundations of the necessity of civil responsibility evolution due to environmental destruction using the sources and foundations available in the theories of civil responsibility with a view to the existing legal regime. Research method: The present research was written based on library studies, descriptive and analytical method, and based on review findings. Findings: The weakness of civil liability rights guarantees and the inadequacy of administrative measures strengthen the aforementioned necessity, however, the application of civil liability rights to protect the environment requires consideration of requirements that cannot be considered without paying attention to them. The rights were hopeful. Discussion and conclusion: In this research, an attempt has been made to show why civil responsibility in the field of environmental damage needs to evolve, especially based on jurisprudence and legal doctrines. The most important achievement of this research is to recognize those theories of civil responsibility for environmental protection from the point of view of jurisprudence and law, which are compatible with the fundamental philosophy of maximum environmental protection.

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