Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 797-810 |
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Baradaran H, Parvin K, Seraji M. Examining the Government's Civil Responsibility for Environmental Pollution in the Light of the Approach of the
Administrative Court of Justice. MLJ 2022; 16 :797-810
URL: http://ijmedicallaw.ir/article-1-1708-en.html
URL: http://ijmedicallaw.ir/article-1-1708-en.html
1- Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.
2- Department of Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
3- . Department of Public Law, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran.
2- Department of Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
3- . Department of Public Law, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran.
Abstract:
Background and Aim: The government is one of the main factors of environmental pollution. Based on this, the aim of this article is to examine the government's civil responsibility for environmental pollution in the light of the approach of the Administrative Court of Justice.
Methods: The mentioned article is descriptive and analytical and the library method is used.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been respected.
Results: The government is civilly responsible for environmental pollution which is the cause of it. The civil responsibility of the government in this regard can be explained according to the constitution, civil liability law and environmental laws. The Court of Administrative Justice has not paid much attention to the protection of the environment and the government's civil responsibility in this regard, and the sample of decisions issued in this regard is very small.
Conclusion: Claiming damages from the government as the cause of environmental pollution faces important challenges such as the difficulty of proof based on the element of guilt. On the other hand, the process of handling and determining the amount of damage and its payment by the government also faces challenges. The basis of the government's civil responsibility in environmental pollution is the theory of fault.
Please cite this article as:
Baradaran H, Parvin KH, Seraji M. Examining the Government's Civil Responsibility for Environmental Pollution in the Light of the Approach of the Administrative Court of Justice. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e49
Methods: The mentioned article is descriptive and analytical and the library method is used.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been respected.
Results: The government is civilly responsible for environmental pollution which is the cause of it. The civil responsibility of the government in this regard can be explained according to the constitution, civil liability law and environmental laws. The Court of Administrative Justice has not paid much attention to the protection of the environment and the government's civil responsibility in this regard, and the sample of decisions issued in this regard is very small.
Conclusion: Claiming damages from the government as the cause of environmental pollution faces important challenges such as the difficulty of proof based on the element of guilt. On the other hand, the process of handling and determining the amount of damage and its payment by the government also faces challenges. The basis of the government's civil responsibility in environmental pollution is the theory of fault.
Please cite this article as:
Baradaran H, Parvin KH, Seraji M. Examining the Government's Civil Responsibility for Environmental Pollution in the Light of the Approach of the Administrative Court of Justice. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e49
Type of Study: Original Article |
Received: 2023/09/10 | Accepted: 2024/01/2
Received: 2023/09/10 | Accepted: 2024/01/2
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