Volume 25, Issue 91 (fall 2020 2020)
__Judicial Law Views __2012__, 25(__59__): __224296 |
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mulaee A, rostamii H. Externality Related to Environment in Iranian Law. دیدگاههای حقوقی 2020; 25 (91) :277-296
URL: http://jlviews2.ujsas.ac.ir/article-1-1540-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1540-en.html
1- University of Tabriz , amulaee@tabrizu.ac.ir
2- Bu-Ali Sina University
2- Bu-Ali Sina University
Abstract: (987 Views)
It is said that the externality is the consequence of an action being taken on others in the form of profit or expense without being calculated at the market price of the commodity and it is usually unintentional and unelected.In this article with descriptive–analytical method it has been answered: what is the pattern of Iran legal system related to the environment to compare with the externality? It has been more emphasis on “licenses” or “punishment” pattern? The research findings are first; The primary focus of the Iranian legislative system is on the "punitive model" and the pattern of permissions is not institutionalized Therefore, the recent pattern faces many obstacles. This pursuit viewpoint is incompatible even with the main objectives of the judiciary (sections 2 and 5 of article 156 of constitution). Second; it not used the balanced the all of the tools in the use of tools compare with the externality but some of tools, in particular market-oriented tools, has a very low position. Thirdly; however, "Eco-friendly" tools are listed in some legal documents, but in some documents, the principles of environmental friendliness have been marginalized and as a result, green taxes have not been well-positioned in our legislation.
Keywords: Externalities, Green Tax, Iran legal system, Responsibility, Pattern of Compare with Externality
Type of Study: Critical & Analisis |
Subject:
General Law
Received: 2019/02/05 | Revised: 2022/12/28 | Accepted: 2019/12/28 | Published: 2020/10/06 | ePublished: 2020/10/06
Received: 2019/02/05 | Revised: 2022/12/28 | Accepted: 2019/12/28 | Published: 2020/10/06 | ePublished: 2020/10/06
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