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Journal: 

Medical Law

Issue Info: 
  • Year: 

    2020
  • Volume: 

    14
  • Issue: 

    54
  • Pages: 

    183-213
Measures: 
  • Citations: 

    1
  • Views: 

    2150
  • Downloads: 

    0
Abstract: 

Protecting nature and preserving its health is emphasized by different religions and human mind. Enjoying a healthy environment is a fundamental human right. Any Damage to the environment requires compensation of Damages incurred, which is within the scope of civil liability. The key question here is what is the nature of civil liability for Environmental Damage? How does choosing the right nature affect adopting the right basis for civil liability for Environmental Damage and its effects? In this descriptive-analytical paper, the combined nature of public and private law has been considered for civil liability resulting from Environmental Damage. In terms of government's supervision role in manufacturing and industrial activities and its ability to sue people who incur Damage to the environment, this responsibility is subject to public law and in terms of the possibility of compensation claim where a human, besides nature, has been Damaged (in accordance with the general rules of civil liability) this liability is subject to private law. By choosing this trend, principles such as doctrine (theory) of fault or theory of risk as the basis of civil liability for Environmental Damages appear to be incompatible with the said compositional nature. The accepted jurisprudential basis to guarantee the right of the Damaged (nature or human) is "respect" theory. The theory of "Strict liability" is also legally acceptable regarding the role of deleterious person and difficulty of proving fault and with regard to the characteristics of Environmental Damage. In what follows, given this compositional nature and mixed basis, compensation methods and competent court procedures have been elaborated to file an action of civil liability against Environmental Damages.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    20
  • Issue: 

    3 (62)
  • Pages: 

    99-108
Measures: 
  • Citations: 

    0
  • Views: 

    304
  • Downloads: 

    0
Abstract: 

Purpose context: Nowadays, the position of Environmental protection is considered as an important and desirable matter. This issue becomes important to the extent that legal indicators are considered for it. The explanation and discussion of civil responsibility and the recognition of rightness and wrongness and the selection of each of its topics, including the theory of fault or risk, as well as citing jurisprudential theories such as harm, are among the important matters investigated in this structure. The purpose of this research is to examine Environmental issues within the framework of civil responsibility and the procedure of instruments and responsibility as well as the existing legal regime. This research seeks to present and analyze the theoretical foundations of the necessity of civil responsibility evolution due to Environmental destruction using the sources and foundations available in the theories of civil responsibility with a view to the existing legal regime. Research method: The present research was written based on library studies, descriptive and analytical method, and based on review findings. Findings: The weakness of civil liability rights guarantees and the inadequacy of administrative measures strengthen the aforementioned necessity, however, the application of civil liability rights to protect the environment requires consideration of requirements that cannot be considered without paying attention to them. The rights were hopeful. Discussion and conclusion: In this research, an attempt has been made to show why civil responsibility in the field of Environmental Damage needs to evolve, especially based on jurisprudence and legal doctrines. The most important achievement of this research is to recognize those theories of civil responsibility for Environmental protection from the point of view of jurisprudence and law, which are compatible with the fundamental philosophy of maximum Environmental protection.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    5
  • Issue: 

    7
  • Pages: 

    91-99
Measures: 
  • Citations: 

    0
  • Views: 

    1174
  • Downloads: 

    0
Abstract: 

Abstract Today, with increasing in production and diversity expansion of dairy products in factories and production of whey products, this food product has become very important. Whey is a water-soluble part of milk that is obtained by adding acid, heating, and coagulating the cheese. This yellow liquid contains a lot of lactose and mineral compounds such as calcium and phosphorus, which is important to achieve in order to use as a food source and prevent Environmental pollution. Since the wastewaters of the dairy industry have the highest levels of contamination, if the untreated wastewaters of this industry are discharged, serious Environmental problems will be inevitable. On the other hand, a reduction in existing reserves and Environmental problems followed by increasing use of fossil fuels has prompted researchers to produce new sources of renewable energy, and it can be said that new biological technologies, such as the use of whey as a way to produce biofuels, reduces the Environmental problems of dischrging this kind of wastewaters into nature. Today, using biological technology, these compounds can be used to produce biofuels such as hydrogen, methane, and ethanol. So far, various methods and tests have been performed to produce these fuel sources and in this study, the effective strategies for recycling whey and preventing Environmental Damages are investigated.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    56
  • Issue: 

    1
  • Pages: 

    33-49
Measures: 
  • Citations: 

    0
  • Views: 

    28
  • Downloads: 

    12
Abstract: 

The basic idea of vibration-based Damage identification approaches is that Damage causes change in vibration response of structure. So monitoring the vibration response characteristics can be helpful in Damage detection. The main limitation in such methods is that these characteristics are also affected by the Environmental and Operational Variability (EOV) that can be incorrectly known as structural Damage or sometimes cover actual Damages. This paper aims to propose an innovative approach to detect and locate Damage considering the EOV conditions. In this regard, an Independent Component Analysis (ICA) based Blind Source Separation (BSS) approach is employed to remove the EOV influences from the time history response of the structure. The beneficial of using the ICA-based BSS method is that there is no need to measure the Environmental/operational conditions. Moreover, it is able to remove EOV influences using a limited group of response data monitored during different Environmental and operational conditions. Time series analysis is then performed to extract Damage-sensitive features. Finally, a statistical tool is employed to Damage identification and localization by using EOV independent features. Two recognized benchmark structures are employed for verifying the accuracy of the proposed approach. Results indicate that the proposed method is a time-saving tool and efficiently successful in Damage assessment of structures under EOV.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    49
  • Issue: 

    2
  • Pages: 

    573-589
Measures: 
  • Citations: 

    0
  • Views: 

    593
  • Downloads: 

    0
Abstract: 

Spent Nuclear Fuel needs fundamental and scientific management because of its high temperature and emissions. The management would include some other phases such as storage and transportation. Some rules and regulations are legislated internationally for adjusting and creating civil and technical standards in this field. In Convention of Joint Safety Management and Radiation Wastes some regulations are emphasized for protecting individuals and the environment against the dangers and Damages created by the mismanagement of the used fuel. So this article by using an analytic and descriptive method is an attempt to interpret and estimate the responsibilities of the governments and the undertakers about preventing and reparation which is caused by the mismanagement of the used fuels. In doing so the necessity of the environment's protection is came into account.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    6
  • Issue: 

    73
  • Pages: 

    19-38
Measures: 
  • Citations: 

    0
  • Views: 

    94
  • Downloads: 

    0
Abstract: 

The environment is one of the most important issues today, which is at the forefront of international affairs, given the catastrophes we are witnessing today. These catastrophes are caused by the Damage done to the environment by individuals or governments; the Damages that must be compensated by them, that is, they have civil liability. Environmental civil liability is defined in both international and Iranian law, but there may be different definitions for determining the type of civil liability. Now the question is, in case of Damage to the environment, what is the resulting civil liability in Iranian law and international documents? Therefore, in this article, we will study the nature of civil liability in Iranian law and international documents analytically-descriptively and with a library method, and we will examine how to compensate them and their strengths and weaknesses. Research shows that absolute liability in this situation is the best type of civil liability that can be applied to Environmental Damage, and that is why this type of liability has been adopted in international documents, but in Iranian law, civil liability is based. It is the fault that it also applies to Environmental Damage, which is not commensurate with the nature of the environment.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    11
  • Issue: 

    2
  • Pages: 

    133-152
Measures: 
  • Citations: 

    0
  • Views: 

    219
  • Downloads: 

    30
Abstract: 

ABSTRACT The attention of contemporary planners to Environmental factors and increasing awareness and communication of man with his surrounding environment has increased the layers and defining factors of design and planning concepts. In such a way, a common problem with the issue of Environmental capabilities to respond was put in front of the planners. The collection of ideas presented in this era was in the form of responsive planning, focusing on the maximum use of Environmental capabilities. The necessity of the emergence of a comprehensive discourse to overcome the plurality of factors, definitions and design methods in the Environmental fields has been given less attention. Based on this, the current research aims to organize the leading theories in this field in a targeted manner and seeks to improve them based on their synergy. The structural question of this research is the meanings, examples and meaningful contexts of flexibility in various aspects and scales of urban planning. The research method used is qualitative thematic analysis with the help of artificial intelligence in MAXQDA software in a 6-step processing process. The important application of this research is to structure the minds of the planners of this field to reduce the scattered and interdisciplinary problems of the resources. The results of this research revealed dimensions such as identification and recognizability, diversity and changeability, adaptability and expandability, distribution, separation and continuity, organization and compatibility in the field of flexibility and related to the corresponding parts in urban planning   Extended Abstract Introduction Responsiveness-based design and planning emphasizing the maximum use of Environmental capacities to meet users' needs implicitly cause a targeted improvement of Environmental quality. As the Environmental awareness of contemporary man has expanded and the platforms have become more diverse, many challenges are raised in the field of environment-oriented in the field of infrastructure quality and service provision. Urban developments and new developments in cities should be interpreted with integrated conceptualization. The conceptualization of interpretive flexibility in the planning and designing of public spaces in the city is used as an interdisciplinary perspective in urban space design to open and discuss its connection and potential as an approach to strengthening social cohesion and inclusion. The general definition of flexibility is that it can create places with new forms of meaning and be used for different groups to strengthen its coherence and multidisciplinary inclusion in terms of design and planning of space and body. On this basis, the concept of flexibility is proposed as a principle in the context of design and planning due to its wide range of effects on background phenomena. The history of such a role can be seen in the diversity of users' needs. In such a way, it is impossible to express the specific time and area of the need to pay attention to this concept. This is in line with Oldenburg's theory of "social public spaces," in which being in public space, communicating with people and the environment through observing the streets, sidewalks, squares, and parks of the city is a necessary step for people as a part of their social life. The meaningfulness of the design of the artificial environment was considered. In any case, in the contemporary era, on the one hand, at the same time as the quantitative and qualitative increase of human Environmental awareness, there is no longer any phenomenon in the eyes of contemporary man arising from a unique aspect and range of factors. On the other hand, his life needs in the individual and collective dimensions have seen a high diversity, which has led to the formation of multiple semantic domains of past flexibility. The meaning of flexibility in such an interdisciplinary platform and basic design refers to the concept of understanding and responding quickly and efficiently to Environmental changes. Such a holistic definition for this broad field of Environmental design means the implicit acceptance of the role of scale in the meaningful domain of these concepts. On a macro scale, it means making design options to increase the presence, participation, and power of choices of users of the environment in participatory urban planning and design methods, and on a small scale, it means making design options to increase spatial quality and, as a result, the quality of activities. The daily activities of Environmental users are through selection against the "dominant space." Flexibility at different scales is crucial for dimensional optimization, shaping, and structuring spatial features, leading to improved performance of space components and spaces. The development of the concept of "flexibility" from various studies in metropolitan to micro scales, such as interior architecture, allows it to pass the discourse of responsiveness to provide a broad approach to Environmental design in which different values, interests, and priorities are prioritized. As a result, the issue of flexibility in Environmental design has been raised as a multi-dimensional field in the design and planning of the basic environment. The breadth and complexity of this concept have made the researchers of this field deal with it in one or more ways, and it has been avoided to provide a comprehensive framework about the nature and structuring processes. The current research presents a structured view of flexibility in architecture and urban planning with an Environmental approach.   Methodology The methodology to achieve this goal is to use the macro research method and achieve a comprehensive framework by combining categorized interpretations. In such a way that by sorting and categorizing these concepts and bases in a new way, he has found a new level of theoretical findings, which will be a suitable answer for the gaps in scientific knowledge and scientific methods created in this field. In this context, the research method "thematic analysis" has been used with a qualitative approach and the use of library resources. Also, to overcome the breadth and complexity of these concepts and the multi-layer networking of concepts in this research method, artificial intelligence has been used in MAXQDA research assistance software.   Results and discussion In the meantime, attention should also be paid to the fields of influence and application of the results of this research because designers refer to flexibility as the creator of Environmental qualities, including dynamism. Also, since flexibility, along with the principles of readability and adaptability, affect the lifestyle and behavioral patterns of the audience of Environmental design in architecture and urban planning, it will also be effective in dealing with the challenge of complexity in Environmental design factors. One of the key questions for achieving research goals on this issue is how flexibility in Environmental design impacts the relationship between flexibility and scale.   Conclusion The most important finding of this research suggests that first, it requires a focus on the conditions under which the processes of perceiving human abilities and discovering the needs of the human audience can manifest. The theoretical framework arises from a comparative approach between design disciplines. These conditions are independent of the final state of the design product, and strengthening the Environmental capacities will lead to a direction and an area that includes Environmental flexibility. By responding to new situations, the construction of the space and the body within a space building can be adapted to various configurations. Even though the environment may remain constant, the designed place will continue functioning as a strong living system over time.  It also seems that the nature of issues related to flexibility has complexity. Considering that the quality of flexibility in urban planning and architecture is significant in multilevel and multifaceted scales from micro to macro, it is important to pay attention to the scale of different variables. In order to reduce this problem, the consistency and adjustment of the scale of the variables measured in a specific analysis should be considered in the first step.   Funding There is no funding support.   Authors’ Contribution All of the authors approved the content of the manuscript and agreed on all aspects of the work.   Conflict of Interest Authors declared no conflict of interest.   Acknowledgments We are grateful to all the scientific.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    16
  • Issue: 

    1
  • Pages: 

    141-158
Measures: 
  • Citations: 

    0
  • Views: 

    858
  • Downloads: 

    0
Abstract: 

Introduction: One of the phenomena related to air pollution that has been witnessed in western and south-western regions of Iran in recent times is that related to dust, an atmospheric phenomenon that has adverse Environmental effects and impacts. Dust storms have had many negative effects on health, economics, society and the environment, resulting in huge Damage to human resources, health, industry, and especially agriculture. The purpose of this study is to quantify the tangible (market) and intangible (non-market) Damages caused by dust-related phenomena in the city of Ardakan.Materials and methods: The data required in this study were obtained from the statistics and data recorded in Ardakan offices, as well as the completion of 244 double bounded dichotomous choice questionnaires in the agricultural sector and 509 questionnaires in the air pollution and urban green areas during 2016 using 30 pre-tests and Michels and Carson. In this study, the tangible and intangible Damages of dust are valued using the conditional valuation method and market price. Using the logit model, the factors that affect the willingness to pay are estimated for each section using Shazam 9 and mathematical calculations using Maple Version 18 software.Results and discussion: The results of this study showed that income and education variables have a positive and significant effect on people's willingness to pay for air pollution and urban green space. The variables of age, number of households and gender all had a negative and significant effect on people's willingness to pay for air pollution and urban green space in the face of the dust phenomenon. In the agricultural sector, variables such as age, number of employed people, education and income have a positive and significant effect on farmers' willingness to pay for agricultural products in the face of the dust phenomenon. The total value of the Damages against this phenomenon to respond to air pollution is estimated at 33, 185, 478, 480 Rials, the maintenance of agricultural products at 50, 431, 570, 000 Rials and the maintenance of green space against dust-related phenomena at 30, 736, 160, 140 Rials per year for the city of Ardakan. Also, the tangible losses from dust-related phenomena in terms of increased water consumption due to washing during dusty days is 2, 762, 736, 640 Rials, the negative impact of dust on physical health and treatment costs and mortality due to asthma and bronchitis diseases at 15, 548, 414, 040 Rials and the negative impact on the livestock sector and treatment costs and cattle losses were calculated 131, 451, 400, 000 Rials using a market approach.Conclusion: The results indicate that the total value of intangible and tangible Damages for the city of Ardakan in 2016 were 114, 353, 208, 620 Rls is 149, 762, 550, 680 Rials, respectively. The value of the willingness to pay people in agriculture was higher than for other sectors. The livestock and poultry sector also has the highest figure among other tangible costs. Therefore, this estimate provides policy makers and authorities with the guidance needed for controlling the effects of dust on human environments.

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Journal: 

Geography

Issue Info: 
  • Year: 

    2023
  • Volume: 

    21
  • Issue: 

    77
  • Pages: 

    1-11
Measures: 
  • Citations: 

    0
  • Views: 

    183
  • Downloads: 

    74
Abstract: 

Introduction The water crisis is one of the most important Environmental threats of the 21st century, which leaves negative effects in various sectors of agriculture, social, economic, health, international relations, and also the environment. This issue has caused a crisis in the political relations of the countries that have common watersheds. Therefore, due to the importance of water resources, water geopolitics or hydropolitics has become a topic and has provided the context for patterns of interaction, and cooperation or conflict between groups, political actors and countries. The relations between Iran and Iraq have been critical for several decades due to geopolitical factors such as the water issue. Because Iraq has faced water problems in the Tigris and Euphrates river basins due to Turkey's actions. Therefore, it is expected that Iran will take preventive measures against the desired water transfer projects in the Little Zab River, Alvand and Sirvan river basins. Hor al-Azeem is the largest common border wetland between Iran and Iraq In the last two decades, with the occurrence of severe droughts, the implementation of dam construction programs and numerous drainage irrigation networks on the Karkheh River and its tributaries, unfavorable conditions have been created in terms of providing Environmental water rights for this wetland, which has become a source of fine dust production. has become and as a result has caused many Environmental, social, political and economic problems. Methodology Based on the descriptive-analytical method and through the use of documents, evidence and historical evidence related to the subject of the research, this research has investigated the hydropolitical effects of Horul Azim on the Environmental Damage of Iran and Iraq. Results and Discussion The main source of water supply for Horul Azim Wetland is a part of Tigris river in Iraq and Karkheh river in Iran. One of the major problems in the Horul Azim wetland is the discussion of dam construction in the Euphrates river basins in Turkey. Considering the fact that this dam is located on the border of southeast Turkey and its construction on the Tigris River, which flows into Iraq and has made Iran's environment dependent on it, this issue is of great importance for Iran. Among other potential areas of wetland crisis, we can mention the Karkheh basin in Iran and the Tigris and Euphrates basins. The Horul Azim wetland in Iran is also Damaged due to the lack of water due to the use of water from the rivers entering the wetland for agricultural purposes and the entry of sewage into it. Among the destructive actions of the Iraqi government that have caused the drying up of Horal Hamar, Central Hor and Hor al Azim. One of these measures that contributed to the accelerated drying of wetlands was the drainage measures in Iraq. Creating dams on the branches of the Tigris that irrigate Horul-Azeem and Horul-Huweza and divert the water from the main route to the routes intended by the Iraqi government so that water can be transferred for agriculture in dry areas was another measure in this field. Another challenge in the field of environment is the micro dust crisis. The important role of Hor-ul-Azeem wetland in neutralizing the storm dust that comes from the Rab-al-Khali desert towards Iran has been lost due to the drying up of this wetland. This wetland has not only lost its suction properties, but also adds to the deterioration of the fine dust situation in Khuzestan by accumulating fine-grained sediments along with very fine salt sediments on its bed, when the winds blow from the southwest to the northeast. Conclusion Horul Azim wetland is one of the most important natural Frontiers in the border region of Iran and Iraq, which is exposed to the crisis of drying up and the occurrence of social and biological phenomena in Iraq and Iran. Oil extraction by the countries of Iran and Iraq in the eastern and western parts of the wetland and not paying attention to the biological condition of the wetland has caused the pollution and drying of a large part of the wetland bed, especially in Iraq. The drying up of the wetland has caused the occurrence of dust, as well as increased migration from border cities to internal cities (Iran and Iraq) and increased air temperature in these areas, especially in summer. Also, in Iran, successive droughts and the increase in cultivated area in in the Karkhe river basin (from upstream to downstream), and the development of fish breeding ponds have made it unable to provide the natural water rights of the wetland in the past years.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    50
  • Issue: 

    3
  • Pages: 

    1133-1146
Measures: 
  • Citations: 

    0
  • Views: 

    358
  • Downloads: 

    0
Abstract: 

On April 21, 2004, the European Parliament passed "Directive 2004/35/CE of the European Parliament and the Council of 21 April 2004 on Environmental liability with regard to the prevention and remedying of Environmental" to respond to Environmental disasters with widespread Damage; Directive have identified two types of strict liability(as originally) and liability based on fault(exceptionally); the operator can be against the strict liability, the defense in Section A 4 Article 8 provides Directive(permit defence), and it has the authority of the member states to accept the operator's defence(Optional defense). This defense is the exception to the strict liability; the inclusion of the permit defence in the Directive and the form of citation and that's effect has changed to its final insertion in the Directive several times and the critique of its impact on European Environmental strict liability that has weakened this system of liability, which we are analyzing.

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