Treaty Legal Research

Treaty Legal Research

Study of Factors Contributing to the Ineffectiveness of the Environment protection and Its Legal System in Iran and the Comparison of It with Some World Hallmarks

Document Type : Original Article

Authors
Sharareh Abtahi 1
ali najafi tavana 2
1 Member to central bar association,attorney-at-law
2 Phd., Faculty Member of Islamic Azad University-Tehran Central Branch , Member to Central Bar Association and Attorney- at- law
Abstract
The effective protection of environment and the enforcement of legal system in Iran will be possible if some significant developments are implemented. On the other words, the protection of the environment may be promoted where a new approach is chosen, field pathology is made and risks and challenges facing it are recognized.  Like many countries following a approach change under their laws- definitely resulted from some years in try and error attempts as well as the study of new contexts and ground- making efforts, the promotion of the environment protection in our country also requires the attention to the internal and external factors together.  As the Iranian constitution, the 1404 Vision Instrument and international conventions to which Iran is a member as well as the International Law under which the right to the healthy environment is considered one of the third generation of the Human Rights (Rights of Solidarity) features assert, the enjoyment of people from the healthy environment without any poverty, discrimination and corruption has been emphasized. In spite of these regulations, the environmental situation of Iran is not desirable. The environment of Iran has been endangered due to abuse of privileges resulting in damages to the environment, climate change, lack of expert personnel, inefficient management, and structure failure and environment- ignorant culture in addition to other causes. This paper studies the significant developments in the criminological approaches, and theoretical issues including the environmental justice and ethics as well as practical parameter with a comparative look at some of world hallmarks.
Keywords
Pathology
Environmental law
Degradation Causes
World Hallmarks
Subjects

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Treaty Legal Research
Volume 2, AUTUMN - Serial Number 4
Autumn 2018
Pages 241-267

  • Receive Date 18 September 2018
  • Revise Date 29 October 2018
  • Accept Date 10 October 2018