Investigation of civil responsibility for the spread of environmental pollution caused by the Coronavirus pandemic
محورهای موضوعی : Research paper
Shadi Shoghi beygi
1
,
S.Ali Jozi
2
,
Mojtaba Zamani
3
1 - Department of Environmental Law, Electronic Branch, Islamic Azad University, Tehran, Iran.
2 - Department of Environmental Science and Engineering, Marine Science and Technology Faculty, North Tehran Branch, Islamic Azad University, Tehran, Iran
3 - Department of Law, Electronic Branch, Islamic Azad University, Tehran, Iran.
کلید واژه: Environmental pollutants, civil responsibility, Coronavirus, Pandemic,
چکیده مقاله :
The most important objectives of the present study include finding a legal solution to prevent the spread of coronavirus, compensation for damages caused by the negligence of human factors, determining the basis for this responsibility, and the rate of compensation for these damages. The present study, through library and field studies, made it possible to compensate for the damage caused by the spread of coronavirus infections. Pollution caused by a human is one of the most important environmental law challenges. Neglect of the human factor has caused losses due to the spread of this disease. In the present study by preparing a researcher-made questionnaire, the opinion of lawyers specializing in the field of civil responsibility was also inquired. The results of the research show that by resorting to the "risk theory" and the "fault assumption" basis, the rights of the victims of the Coronavirus can be better secured. At present, legal systems are not sufficiently determined to compensate the victims of the Coronavirus. While environmental jurists believe that strict rules and regulations should be applied to combat the spread of coronavirus infection and to impose compensation for damages caused by negligence in observing health standards on its human factors. In Iran, several juridical and legal rules are a good basis for preventing the spread of coronavirus and human infections.
Akhund Khorasani, Mohammad Kazem bin Hussein. (1985) Margin of gains, first edition, Tehran, Ministry of Culture and Islamic Guidance.
Bahrami Ahmadi, Hamid. (2011) Rules of Jurisprudence, Volumes I and II, Second Edition, Tehran, Imam Sadegh University.
Berger, Klaus Peter and Behn, Daniel, (April 20, 2020). “Force Majeure and Hardship in the Age of Corona: A Historical and Comparative, Study”, McGill Journal of Dispute Resolution, (2019/2020) Number 4.
Bergkamp, Lucas, (2020) State Liability for Failure to Control the COVID-19 Epidemic: International and Dutch Law,European Journal of Risk Regulation, Volume 11, Special Issue 2:Taming COVID-19 by Regulation, Published by Cambridge University Press.
Bermingham, Vera (2009) Tort and civil liability in English law, translated by Seyed Mehdi Mousavi, Tehran, Mizan.
Cooke, John (2009) Law of Tort, 9th ed., London, Pearson Education Limited.
Dunn, Gibson & Crutcher LLP (2020). COVID-19 and Personal Injury Tort Liability: Preliminary Considerations for Businesses, https://www.gibsondunn.com/covid-19-and-personal-injury-tort-liability-preliminary-considerations-for-businesses/
Elsan, Mostafa, (2020) Government Civil Liability for Infectious Diseases (Case Study: COVID-19), Legal Research Quarterly, “Law Faculty Journal” in the Law Faculty of Shahid Beheshti University, Volume 23, LAW and COVID- 19, Summer 2020.
Emami, Seyed Hassan (1991). Civil Law. Volume 1, Tehran. Islamic Publications.
Harpwood, Vivenne, (2009) Modern Tort Law, 7th ed., London Routledge Pub.
Hattab, Arshed Taha. Abed, Faisal mohammed, (2021) Civil liability for carriers of Coronavirus infection, Turkish Journal of Computer and Mathematics,Education,Vol.12No.4(2021)https://www.turcomat.org/index.php/turkbilmat/article/view/643/440
Hooshmand Firoozabadi, Hossein, (2020) Feasibility study of relieving the physical responsibility of carriers of epidemic diseases in the light of the warning rule, Journal of Islamic Law, Seventeenth Year No. 64, Spring '2020.
Jourdain, Patrice (2015) Principles of Civil Liability, translated by Majid Adib, Tehran, Mizan.
Katouzian, Nasser, General Rules of Contracts, Vol. 4, Tehran, Publication, 2004.
Katouzian, Nasser. (2003) Non-Contractual Requirements: Coercive Guarantee, Tehran, University of Tehran.
Katouzian, Nasser. (2012) Non-Contractual Obligations (Civil Liability), Volume 1, Tehran: University of Tehran Publishing Institute.
Lewis, Kevin M. Lobert, Joshua T. Shen, Wen W. Jon O, Shimabukuro.(2020) COVID-19 Liability: Tort, Workplace Safety, and Securities Law, Congressional Research Service, https://crsreports.congress.gov/product/pdf/R/R46540.
Mohaghegh Damad, Seyed Mostafa, Rules of Jurisprudence 2 (Civil Section), Tehran, Samat Publications, 1995.
Naini, Mirza Mohammad Hussein. (1997) Miniyeh Talib, Lectures of Sheikh Musa Najafi Khansari, first edition, Islamic Publishing.
Naraqi, Molly Ahmad (1987). Revenues of the days in the expression of the rules of the rules, Qom, 1st edition, Maktab Basirati
Owen, Richard ,(2000), essential tort law , third edition , Cavendish publishing limited.
Ranjbar, Masoud Reza. (2016) Determination of damages due to breach of contract, 3rd edition, Tehran, amount.
Robert H, Jerry, (2020) COVID-19: responsibility and accountability in a world of rationing, Journal of Law and the Biosciences, lsaa076, https://doi.org/10.1093/jlb/lsaa076, Published: 12 September 2020 Article history.
Ruda, Albert.(2020) Tort Law and the Coronavirus. Liability for Harm Caused by the Covid-19, Outbreak.https://www.intersentiaonline.com/publication/coronavirus-and-the-law-in-europe/226?version=v-2f6f01ec-324e-637b-c7ca-a6bc0e384e16.
Safaei, Seyed Hossein; Rahimi, Habibullah (2014), Civil Liability (Non-Contractual Requirements), Tehran, Samat.
Simaee Sarraf, Hossein, Legal basis of Corona Norms In law and Islamic jurisprudence. Volume 23. LAW and COVID- 19
Summer 2020.
Sirleaf, Matiangai, (2018) Responsibility for Epidemics, Volume 97 - Issue 2, Published, Online,in:https://texaslawreview.org/responsibility-for-epidemics/
Witting, Christian. (2015) Street on Torts. 14th ed. Oxford University Press.
Yazdanian, Alireza (2016) General Rules of Civil Liability, Vol. 1, Tehran, Volume.
