Legal Indicators of Beneficiary Recognition in Environmental Lawsuits in Iran

Document Type : Original Article

Authors

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

2 Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

3 President of the Canadian Institute for International Law Expertise (CIFILE), Toronto, Canada

10.30510/psi.2022.328901.3087

Abstract

Undoubtedly, the environment is the bedrock of human individual and social life. The purpose of this study is to extract legal tools and look at the hidden angles and gaps of environmental law to enable the establishment of a broad interpretation of the stakeholder position in order to be able to file environmental claims regardless of climate and nationality. Violation of 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. It is also possible to file an environmental claim if the claimant has proven damages. The existence of these two obstacles at the macro level either does not allow the principle of prevention to be fully established, or does not allow for damages and, through the first, environmental protection. If the outcome of accepting the right to the environment and a broad interpretation of the stakeholder position makes the possibility of providing this protection and damages a share, it will reciprocally make governments more accountable and, of course, more cautious in formulating legislative policies, implementing laws and judicial measures. It also increases the ability of individuals and non-governmental organizations to protect the right to the environment and demand environmental damage.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 2894-2909

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