Legal analysis of environmental litigation and the role of the private plaintiff

Subject Areas : environmental low

Rohallah Karimi ¹ , Abbas pahlavanzadeh ² , hossein jalali ³

1 - PhD Student, Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran.
2 - Assistant Professor, Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran. *(Corresponding Author)
3 - Assistant Professor, Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran.

Received: 2022-01-02 Accepted : 2022-05-18 Published : 2023-06-22

Keywords: Environment, natural person, private litigation, Litigation, Damages,

Abstract :

In our country, it is usually less common to have a lawsuit in which the general public is called upon by a government apparatus. But with a lawsuit filed by a non-governmental organization or a natural person, one can hope that the environmental lawsuit is on the way to maturity and development of the judicial system.This research has been written based on library studies and filing and descriptive method. Among the findings of this study, a special section on the right to environmental complaint by a private plaintiff and a human rights perspective on it, expansion and development towards the realization of the principle of environmental litigation and also the approach of jurisdiction and environmental damage. In this study, the necessity of identifying the right of a private plaintiff to file lawsuits and environmental defenses has been investigated and legal capacities including civil liability law, special environmental laws and procedural laws, especially in the civil field, have been considered. This seems to require a systematic framework.

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