University of Tehran Public Law Studies Quarterly 2423-8120 55 3 2025 09 23 Citing the Necessity Defense in the Field of Environmental Law from the Perspective of International Law and Imami Jurisprudence Citing the Necessity Defense in the Field of Environmental Law from the Perspective of International Law and Imami Jurisprudence 2049 2073 103445 10.22059/jplsq.2023.356919.3287 FA Mojtaba Afshar ‎. Assistant Pro. Department of International Law, Faculty of Law and International Relations, The ‎Enghelab-e Eslami Comprehensive University, Tehran, Iran‎ Journal Article 2023 04 06 Necessity, as one of the factors that absolves the wrongful nature of an act, provides a valid response to situations where the preservation of essential interests of the state or the international community requires the violation of primary obligations. This paper aims to examine the necessity defense in the field of environmental law from the perspective of international law and Imami jurisprudence. The fundamental problem in invoking necessity in this area is the uncertainty of harm in environmental issues, which is incompatible with the condition of imminent danger. Unlike international law, legal discussions related to necessity have not received much attention from Islamic scholars; however, by drawing on sources and jurisprudential rules through the method of legal application of verses and narrations as well as the opinions of Islamic jurists to international law, the foundations of this factor in Imami jurisprudence can be formulated. By reviewing international documents and jurisprudential sources, it can be concluded that the principle of necessity in international environmental law has an exceptional nature in both legal systems, and compensation for the incurred damage is an accepted and inevitable matter. Necessity, as one of the factors that absolves the wrongful nature of an act, provides a valid response to situations where the preservation of essential interests of the state or the international community requires the violation of primary obligations. This paper aims to examine the necessity defense in the field of environmental law from the perspective of international law and Imami jurisprudence. The fundamental problem in invoking necessity in this area is the uncertainty of harm in environmental issues, which is incompatible with the condition of imminent danger. Unlike international law, legal discussions related to necessity have not received much attention from Islamic scholars; however, by drawing on sources and jurisprudential rules through the method of legal application of verses and narrations as well as the opinions of Islamic jurists to international law, the foundations of this factor in Imami jurisprudence can be formulated. By reviewing international documents and jurisprudential sources, it can be concluded that the principle of necessity in international environmental law has an exceptional nature in both legal systems, and compensation for the incurred damage is an accepted and inevitable matter. https://jplsq.ut.ac.ir/article_103445_f5110af59e62959733ff2708433a7866.pdf