Legal indicators of recognizing the right in environmental lawsuits in Iran

Document Type : Original Article

Authors

1 PhD Student in Environmental Law, Faculty of Natural Resources and Environment, Science and Research Branch, Islamic Azad University, Tehran, Iran

2 Assistant Professor of Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

3 Associate Professor and Faculty Member and President of the Canadian Institute of International Law, Toronto, Canada.

4 Assistant Professor, Department of Environmental Management, Faculty of Natural Resources and Environment, Science and Research Branch, Islamic Azad University, Tehran, Iran.

Abstract

The purpose of this study is to extract legal tools and look at the hidden angles and gaps of environmental law in order to establish a broad interpretation of the stakeholder position in order to be able to file environmental claims regardless of climate and nationality. Violation of the right to the environment should also be legalized. In the field of environment and at the macro level, most environmental damages are issued with a legal permit. The beneficiary is in the case and with this interpretation, environmental lawsuits, if possible, if the plaintiff proves the damage to himself in order to be able to file lawsuits, the existence of these two effective obstacles at the macro level or allow the comprehensive establishment of the principle of prevention. Does not allow or does not allow the claim for damages and in the first place the protection of the right to the environment Legislative policies, enforcement of laws and judicial measures, It makes you more responsive and, of course, more cautious. An increasing form significantly increases the ability of individuals and, of course, non-governmental organizations to protect the right to the environment and to demand environmental damages

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