Volume 15, Issue 56 (4-2021)                   MLJ 2021, 15(56): 862-856 | Back to browse issues page

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Dehghan Chenari M, Mahdavi S M H, Nassiran D. The Pillars of Civil Liability for Damage Arising from Biotechnology Products to the Environment. MLJ 2021; 15 (56) :862-856
URL: http://ijmedicallaw.ir/article-1-1172-en.html
1- Najafabad Branch, Islamic Azad University, Najafabad, Iran
2- Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
Background and Aim: Biotechnology refers to various techniques involving the use of living organisms to produce and modify crops, plants, and animals. Although the products obtained from this science have many applications and benefits, their risks and concerns including the risks that these types of products pose to the environment should not be ignored, and their civil liability should be concentrated due to the special importance of environmental protection, especially, since these types of products have various and complex dimensions. Moreover, the special nature of civil liability for the environmental damages brings up the question whether it is subject to the rules of private law or public law, and it has also caused ambiguities in compensation for the damages caused by these products, what shows no regulations, no specific and comprehensive order in the Iranian legal system.
Materials and Methods: Based on the current study, a descriptive-analytical one, and concerning library and information resources.
Results: environmental damages have dual nature of private and public law. The rules of both private law and public law, therefore, should be regarded as compensation for environmental damages. According to general and specific domestic laws, including Biosafety Law adopted in 2009 and the viewpoints presented in this field, and the international documents such as the Convention on Biological Diversity, Nagoya-Kuala Lumpur Protocol and the 2004 EU Directive and some foreign laws, including special laws of France, Germany, Switzerland and Norway, this fact becomes clear that most have recommended or accepted the theory of strict civil liability.
Ethical considerations: In this Research,it has been Written From the Beginning  to the End, Relying on Moral Principles, Trustworthiness and  Honesty.
Conclusion: It seems that acceptance of strict liability to compensate for such damages can be helpful owing to the special complexity of these types of products whose effects appear in the long run. However, in order to compensate for such damages, the incumbent must pay a sum of money as possible damages, taxes or insurance in a special fund set up for this purpose before any experiments, production and distribution of the biotechnological products. In this way, the damages are compensated by this fund and no damages are left without being compensated. This way also helps the scientific and economic activists stay motivated in this field.

Cite this article as: Dehghan Chenari M, Mahdavi SMH, Nasiran D. The Pillars of Civil Liability for Damage Arising from Biotechnology Products to the Environment. Medical Law Journal 2021; 15(56): e54.
Type of Study: Original Article |
Received: 2020/07/22 | Accepted: 2021/07/12

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