The Necessity of Establishing Environmental Courts with Looking at the Iran Situation

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Mahmoudi kordi Zahra; Sharegh Zahra Sadat; REZAZADEH HOSSEIN

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Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2021 | Volume:85 | Issue:115 Page(s): 215-239

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Information Journal Paper

Title

The Necessity of Establishing Environmental Courts with Looking at the Iran Situation

Author(s)

Mahmoudi kordi Zahra | Sharegh Zahra Sadat | REZAZADEH HOSSEIN | Issue Writer Certificate

Keywords

environmentQ1

Environmental DemocracyQ1

Environmental CourtsQ1

Judicial procedureQ1

IranQ1

Abstract

According to the Aarhus Convention, the realization of Environmental Democracy is based on the three elements of access to information, participation in making decisions and access to court in environmental matters. Given that environmental damage also leads to human harm, some states, in order to achieve Environmental Democracy, have established environmental judicial and quasi-judicial authorities in their domestic system to provide the right of access to the courts in environmental issues. Due to the high but fragile biodiversity and environmental threats in Iran such as the existence of endangered plant and animal species, environmental pollution, dust, desertification, etc., the lack of such an institution is felt in the country's legal system. The present article descriptively-analytically examines the documents, international jurisprudence and authorities in the domestic law of some states and then assesses the status of the Iranian legal system And in response to the question of which model of Environmental Courts is more appropriate for Iran, it is concluded that according to the history of specialized courts in the Iranian legal system, the establishment of a special environmental court In the Iranian legal system can provide the grounds for the realization of Environmental Democracy and consequently sustainable development.

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APA: Copy

Mahmoudi kordi, Zahra, Sharegh, Zahra Sadat, & REZAZADEH, HOSSEIN. (2021). The Necessity of Establishing Environmental Courts with Looking at the Iran Situation. THE JUDICIARY’S LAW JOURNAL, 85(115 ), 215-239. SID. https://sid.ir/paper/414013/en

Vancouver: Copy

Mahmoudi kordi Zahra, Sharegh Zahra Sadat, REZAZADEH HOSSEIN. The Necessity of Establishing Environmental Courts with Looking at the Iran Situation. THE JUDICIARY’S LAW JOURNAL[Internet]. 2021;85(115 ):215-239. Available from: https://sid.ir/paper/414013/en

IEEE: Copy

Zahra Mahmoudi kordi, Zahra Sadat Sharegh, and HOSSEIN REZAZADEH, “The Necessity of Establishing Environmental Courts with Looking at the Iran Situation,” THE JUDICIARY’S LAW JOURNAL, vol. 85, no. 115 , pp. 215–239, 2021, [Online]. Available: https://sid.ir/paper/414013/en

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