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Competent court to implement environmental lawsuits against the government in Iranian law and its diversity
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Abstract: (180 Views) |
Protecting nature and preserving its health is emphasized by religions and human reason, and enjoying a healthy and safe environment is one of the fundamental human rights, the importance of which has created a branch of rights called "environmental rights". Provision of laws and regulations related to prevention of environmental destruction and punishment of polluters is the responsibility of criminal law, and guaranteeing the implementation of compensation for environmental damage is the responsibility of civil liability. Losses and damages to the environment are caused by the actions of the government, nowadays civil liability is accepted for natural persons of private law, but the responsibility resulting from the actions of the government is considered as a new topic in law, protecting and maintaining its health and benefit Its correct removal has always been approved by religions and human reason, and enjoying a healthy environment is considered one of the fundamental human rights, and any damage to the environment creates the need to compensate for the damage, which is a matter of civil responsibility and its importance. It has created a branch of law called environmental law. The existence of a common empty sphere among the people of the world creates common interests for humans, which should achieve more harmony in this field in the future. In this article, we have tried to examine and explain the principles and concepts of the government's civil responsibility in causing environmental damage to the environment. The victims of these damages are the entire society, so the victims can request compensation from the government and the perpetrators of the damage. If they want, the Environmental Protection Organization, non-governmental environmental protection organizations, and private individuals, etc., can file a lawsuit on behalf of the damaged environment. In the method of carrying out this scientific research, as it was said, we first examine its basic concepts and foundations, and by entering the field of environmental law as a branch of legal science that can be a barrier to environmental damage, we reach a conclusion that, while Choosing the correct basis for holding the government responsible for environmental damages, we should also examine the investigating authorities. |
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| Keywords: Civil liability, government, environment, damages, construction projects |
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Full-Text [PDF 516 kb]
(53 Downloads)
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Type of Study: Research |
Subject:
Special
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