Civil Liability Regime for Environmental Damage
Subject Areas :
environmental low
Maryam Afshari
1
,
Sobhan Tayebi
2
,
Roholla Karimi
3
1 - Faculty Member, Department of Law, Damavand Branch, Islamic Azad University, Damavand, Iran
2 - Lecturer, Department of Law, Damavand Branch, Islamic Azad University, Damavand, Iran
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.
References:
Taghizadeh Ansari, Mostafi, 2001, Environmental Laws of Iran, Tehran, Semt Publications, page 6(In Persian)
Fahimi Azizullah, 2013, civil responsibility caused by environmental destruction in Iranian jurisprudence and law, Research Institute of Islamic Sciences and Culture, page 77(In Persian)
Badini, Hassan, 2005, Philosophy of Civil Responsibility, Publishing Company, Tehran, page 33
Bariklo, Alireza, 2015, Civil Responsibility, Mizan Publishing, page 57(In Persian)
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Helali, Leila, 2015, a comparative look at the civil liability of environmental damages, the book New Approaches in the Light of International Environmental Laws, edited by Sobhan Tayabi, Khorsandi Publications, page 859(In Persian)
Fahimi Azizullah, 2013, civil responsibility due to environmental destruction in Iranian jurisprudence and law, Research Institute of Islamic Sciences and Culture, page 136(In Persian)
Badini, Hassan, 2005, Philosophy of Civil Responsibility, publishing company, Tehran, page 218(In Persian)
Vahdati Shabiri, Seyyed Hassan, 2015, Fundamentals of Contractual Civil Liability, Research Institute of Islamic Sciences and Culture, Qom, page 99(In Persian)
Qasimzadeh, Syed Morteza, 2017, Basics of Civil Responsibility, Mizan Publishing House, fifth edition, Tehran, page 291(In Persian)
Fayouzi, Reza, 1995, International Law; International responsibility and the theory of political support, Vol. 1, Tehran University Press, page 39(In Persian)
Helali, Leila, 2014, Shia jurisprudence and evolution in the foundations of environmental civil responsibility, master's thesis in private law, Islamic Azad University, Meybod branch, page 141(In Persian)
Rahmati, Soheila, 2013, examining the legal problems of direct payment of cross-border environmental compensations to non-governmental individuals who have suffered damage, master's thesis in environmental law, Islamic Azad University of Science and Research, page 42(In Persian)
Fahimi Azizullah, 2013, civil responsibility due to environmental destruction in Iranian jurisprudence and law, Research Institute of Islamic Sciences and Culture, page 287(In Persian)
Koyorova, Timo, 2014, Introduction to International Environmental Law, translated by Sobhan Tayibi and Mahnaz Zarrabi, Mizan Publications, page 285(In Persian)
Khomeini, Seyyed Ruholah, 1989, Al-Rashee, Volume 2, Qom, Ismailian Institute, page 68(In Persian)
Fahimi Azizullah, 2012, Civil responsibility due to environmental destruction in Iranian jurisprudence and law, Research Institute of Islamic Sciences and Culture, page 159(In Persian)
Fahimi Azizullah, 2012, Civil responsibility due to environmental destruction in Iranian jurisprudence and law, Research Institute of Islamic Sciences and Culture, page 151(In Persian)
Helali, Leila, 2014, Shia jurisprudence and evolution in the foundations of environmental civil responsibility, master's thesis in private law, Islamic Azad University, Meybod branch, page 181(In Persian)
Lotfi, Asadullah, 2000, the causes and muscats of guarantees in jurisprudence and civil rights of Iran, Majd Publications, page 64(In Persian)
Katuzian, Nasser, 1995, legal events, Yalda Publishing, Tehran, page 65(In Persian)
Katuzian, Nasser, 2013, Philosophy of Law, Publishing Company, Tehran, page 141(In Persian)
Katoozian, Nasser, 2013, Philosophy of Law, Publishing Company, Tehran, page 240(In Persian)
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Taghizadeh Ansari, Mostafi, 2001, Environmental Laws of Iran, Tehran, Semt Publications, page 6(In Persian)
Fahimi Azizullah, 2013, civil responsibility caused by environmental destruction in Iranian jurisprudence and law, Research Institute of Islamic Sciences and Culture, page 77(In Persian)
Badini, Hassan, 2005, Philosophy of Civil Responsibility, Publishing Company, Tehran, page 33
Bariklo, Alireza, 2015, Civil Responsibility, Mizan Publishing, page 57(In Persian)
Katouzian, Nasser, Ansari, Mehdi, 2017, Responsibility due to environmental damage, Law Quarterly, Faculty of Law and Political Science, Tehran University, Volume 32, Number 2, Summer, Page 36(In Persian)
Helali, Leila, 2015, a comparative look at the civil liability of environmental damages, the book New Approaches in the Light of International Environmental Laws, edited by Sobhan Tayabi, Khorsandi Publications, page 859(In Persian)
Fahimi Azizullah, 2013, civil responsibility due to environmental destruction in Iranian jurisprudence and law, Research Institute of Islamic Sciences and Culture, page 136(In Persian)
Badini, Hassan, 2005, Philosophy of Civil Responsibility, publishing company, Tehran, page 218(In Persian)
Vahdati Shabiri, Seyyed Hassan, 2015, Fundamentals of Contractual Civil Liability, Research Institute of Islamic Sciences and Culture, Qom, page 99(In Persian)
Qasimzadeh, Syed Morteza, 2017, Basics of Civil Responsibility, Mizan Publishing House, fifth edition, Tehran, page 291(In Persian)
Fayouzi, Reza, 1995, International Law; International responsibility and the theory of political support, Vol. 1, Tehran University Press, page 39(In Persian)
Helali, Leila, 2014, Shia jurisprudence and evolution in the foundations of environmental civil responsibility, master's thesis in private law, Islamic Azad University, Meybod branch, page 141(In Persian)
Rahmati, Soheila, 2013, examining the legal problems of direct payment of cross-border environmental compensations to non-governmental individuals who have suffered damage, master's thesis in environmental law, Islamic Azad University of Science and Research, page 42(In Persian)
Fahimi Azizullah, 2013, civil responsibility due to environmental destruction in Iranian jurisprudence and law, Research Institute of Islamic Sciences and Culture, page 287(In Persian)
Koyorova, Timo, 2014, Introduction to International Environmental Law, translated by Sobhan Tayibi and Mahnaz Zarrabi, Mizan Publications, page 285(In Persian)
Khomeini, Seyyed Ruholah, 1989, Al-Rashee, Volume 2, Qom, Ismailian Institute, page 68(In Persian)
Fahimi Azizullah, 2012, Civil responsibility due to environmental destruction in Iranian jurisprudence and law, Research Institute of Islamic Sciences and Culture, page 159(In Persian)
Fahimi Azizullah, 2012, Civil responsibility due to environmental destruction in Iranian jurisprudence and law, Research Institute of Islamic Sciences and Culture, page 151(In Persian)
Helali, Leila, 2014, Shia jurisprudence and evolution in the foundations of environmental civil responsibility, master's thesis in private law, Islamic Azad University, Meybod branch, page 181(In Persian)
Lotfi, Asadullah, 2000, the causes and muscats of guarantees in jurisprudence and civil rights of Iran, Majd Publications, page 64(In Persian)
Katuzian, Nasser, 1995, legal events, Yalda Publishing, Tehran, page 65(In Persian)
Katuzian, Nasser, 2013, Philosophy of Law, Publishing Company, Tehran, page 141(In Persian)
Katoozian, Nasser, 2013, Philosophy of Law, Publishing Company, Tehran, page 240(In Persian)
