Judicial Law Views Quarterly (Law Views)

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Hemmati M. The role of the judiciary in preventing and compensating for environmental damage in the Iranian legal system. دیدگاه‌های حقوقی 2018; 23 (81) :221-253
URL: http://jlviews2.ujsas.ac.ir/article-1-1052-en.html

Having a healthy environment is one of the fundamental rights which are taken into Accont in the constitution. In addition to private persons who are obliged to prevent environmental pollution, governmental organizations are responsible for protecting the environment too. Environmental protection requires observance of a series of principles in operation and an effective basis for environmental liability. The role of the judiciary in this area includes inclusive and active monitoring and prevention, inclusive and active prosecution and effective judicial remedies. This research seeks to answer the following questions with a new and comprehensive approach: What are the plaintiff and defendant in environmental claims? What is the competent authority to deal with environmental claims? What are judicial remedies? What mechanisms are necessary for effective protection of the environment? This article tries to answer to these questions through collecting data from various legal sources with descriptive-analytical method.