The Status of Legal Guarantees in Support of Urban Private Green Space

Subject Areas : environmental low

omid rahnama ¹ , seyed mohsen beheshtiyan ² , Maryam Afshari ³

1 - PhD, Department of Natural Resources and Environment, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 - Assistant Professor, Faculty Member of Islamic Azad University, Central Tehran Branch, Tehran, Iran. *(Correspondence Author)
3 - Assistant Professor, Director of Law Department and Faculty Member of Islamic Azad University, Damavand Branch, Iran.

Received: 2019-11-20 Accepted : 2020-08-15 Published : 2021-07-23

Keywords: Legal guarantees, Environment, Terms and Conditions, Sustainable development, Urban private green space,

Abstract :

Despite the importance of urban green spaces in order to achieve sustainable development goals with growth and urbanization, green spaces have been severely damaged in the physical structure of cities. Rules and regulations are always considered the most important legal instruments for governments to protect the environment. In our country, despite numerous environmental rules and regulations, the trend of the destruction of green spaces continues through change of land use, and so on. This study tries to address the strengths and weaknesses of executive guarantees in the current laws of the country in the field of urban private green space.The research method in this paper is descriptive - analytical. this article deals with the rules and regulations related to urban green space, in relation to the existing legal challenges in current laws and offering solutions.According to the analysis of legal guarantees in the field of urban private green space, despite several existences in this field such as financial crimes, imprisonment and ... perhaps one of the most important missing points in this guarantee, they are in the implementation stage, which means that there may be good guarantees in the rules but they are not implemented or neglected by the executors in the implementation phase.The results of this study indicate that the laws related to green space in Iran are old and have many criticisms but in some cases can not meet the needs of support and also the preservation of urban green space. Perhaps it can be said that the missing link in these laws is the incorrect implementation of the legal and penal guarantees provided in the laws.

References:

1. Heidarzadeh, Hamideh, Dane Kar, Afshin, (2015), Management of Green Space Management Strategies of Zone 2 of Karaj, Environmental Research, Year 6. Page 159- 172. (In Persian)


2. Hatami Nejad, Hossein and Omranzadeh Behzad, Evaluation of Urban Green Space Usage in Sustainable Development Process, Geographical Land Journal, Vol. 14, No. 54, Summer 2016 Page 80. (In Persian)


3. Taghavi, Loubat, (2014), The Role of the Roof and the Green Wall in Sustainable Urban Development (Case Study: Tehran City). Journal of Sustainability, Development and the Environment, Volume 1, Page 36 19. (In Persian)


4. Mahmoodzadeh, Hassan et al., Urban Planning Geography Research, Volume 4, Number 4, Winter 2016 Page 691- 715. (In Persian)


5. Ahmadi, Asghar et al., Criminal Protection of the Urban Environment in Iranian Criminal Law / Urban Economics, Vol. 1, No. 2, Summer 2016 Page 168. (In Persian)


6. Katoozian Nasser, 2010, Civil Law in the Current Legal Order, Legal Level Foundation, 26th Edition, p. 85. (In Persian)


7. Mir Mohammad Sadeghi, Hossein, 2013, Crimes Against Public Safety and Comfort Publications, 21st Edition, p. 69. (In Persian)


8. Rajabi, Abdullah 2014 'Investigating Criteria Specific in Designing a Civil Liability System for Environmental Damages', page 163. (In Persian)


9. Fahimi, Azizollah, Shi'a Jurisprudence and Change in Protecting Environmental Civil Liability, Law Quarterly, Journal of Faculty of Law and Political Science, Volume 41, Number 1, Spring 2011, Page 316. (In Persian)


10. Irvani, Mohammad Jafar, (1384), \"When the Law Has a Problem, Criticizing Green Space Legislation,\" Payam Sabz Monthly, Fifth Year, No. 43, pp: 23 26. (In Persian)


11. Ghorbani Hamid, Hamid Sabourikhah, Sima Daemi, Sajjad Ahmadi, Maryam Mohammadi 2013. Assessment of urban environmental rights with emphasis on green space. National Tourism,Geography and Sustainable Development National Conference, Hamadan. (In Persian)


12. Yaripour, Majid, Sadegh Hadi Zadeh Zargar, 2015. Investigation of Quantitative and Qualitative Indicators of Effective Urban Green Space Planning (Case Study of Middle City) Urban Economics and Management Quarterly: 10: 37- 57. (In Persian)