Obstacles and Challenges of Implementing New Procedures of International Environmental Law in Iranian Law

Subject Areas : environmental low

Fatemeh Sadat  Ojaghzadeh Mohammadi ¹ (Phd student,International Law, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.)
Ali  mashhadi ² (Associate Professor, Department of Public & International Law,Faculty of Law,Qom University,Qom, Iran. *(Corresponding Author))
Alireza  Arashpoor ³ (Associate Professor, Department of Law, University of Isfahan, Isfahan, Iran.)

Received: 2020-12-05 Accepted : 2022-12-08 Published : 2024-05-21

Keywords: Obstacles and Challenges, Implementation of Modern Procedures, International Environmental Law, Iranian Law.,

Abstract :

There are many international treaties and modern procedures in environmental protection which are subject tothe modern legal principles and rules that can contribute greatly to the expansion of International Environmental Laws. The procedure of most modern treaties has been based on compensation for environmental damages in a way that even the treaties and conventions that did not mention compensation for damages in the past were amended in the following editions and sessions. Iran, likemany other countries, is a member of Protocols, Conventions, and Environmental Treaties such as Climate Change Convention, Ramsar Convention, Vienna Convention for the Protection of the Ozone Layer, Basel Convention, Cartagena Protocol, Convention on the Prevention of Marine Pollution, but it (Iran) has not been very successful in Environmental Laws and implementation of Legal Practices in Environmental Protection in such a way that there is not much obligation regarding Environmental Protection and in cases where the government itself is the damaging party (side) to the environment, Real Entities or Private Non-Governmental Organization are in no position to defend or make Environmental Complaints against the Government. Also, Iran’s Legal Policy for the Environmental Compensation of environmental damagesis based on the Theory of Fault and practically there are a lot of problems for the injured party to prove the fault. Therefore, the primary reason for the difficultiesof implementing the Modern Practices of International Environmental Law in Iranian Law is due to the infirmity andapproval of Environmental Laws as well as the lack of obligation of the Government and Institutions to implement the international convention.

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