Document Type : Article
Author
Associate Prof., Department of Law, Faculty of Public Law & Political Sciences, University of Mazandaran, Babolsar, Iran.
Abstract
The Environmental Protection and Improvement Law is the first independent and basic environmental law of Iran, which was passed in 1974 which created a primary structure for legal protection of the environment. With the passage of this law, it was expected that the necessary legal order would be created for the effective protection of the country's environment. However, the occurrence of a wide range of environmental destruction and pollution in the country over the past half century and the ineffectiveness, implicit abrogation or softening of some provisions of this law by subsequent laws show that this basic law in the effective protection of the environment has encountered various legal, economic, social and political challenges. This article examines the legislative challenges of this law using an analytical and legal pathology method based on six criteria, the challenges that the legislator could have prevented from occurring with sufficient diligence in enacting and amending this law after half a century. As a result, modernizing and strengthening Iran's environmental law needs to solve the challenges and problems of the Environmental Protection and Improvement Law with regard to the current environmental and socio-economic conditions.
Keywords
- Department of Environment
- Environmental Legislation
- Environmental Law of Iran
- Law on Environmental Protection and Improvement
- Legislative Challenges
Main Subjects
English
- A) Articles
- Ansari, A., Ghorbanpour, M., Kazemi, A., & Kariman, K. (2023). Ecological assessment of Iran’s terrestrial biomes for wildlife conservation, Scientific Reports, 13:17761.
- Bennear, L. S., & Coglianese, C. (2012). Flexible Environmental Regulation, University of Pennsylvania Law School Research Paper No. 12-05.
- Brooks, R.O. (1991). A New Agenda for Modern Environmental Law, Journal of Environmental Law & Litigation, 6 (1), 1-38.
- Jowkar, H., Ostrowski, S., Tahbaz M., & Zahler, P. (2016). The Conservation of Biodiversity in Iran: Threats, Challenges and Hopes, Iranian Studies, 49(6), 1065-1077, DOI: 10.1080/00210862.2016.1241602
- Rashki, A., & Middleton, N. J. & Goudie A.S. (2021). Dust storms in Iran – Distribution, causes, frequencies and impacts, Aeolian Research, 48, 100655.
- Rupani, P. F. et al. (2019). Current status and future perspectives of solid waste management in Iran: a critical overview of Iranian metropolitan cities. Environmental Science and Pollution Research, (26), 32777-32789. https://doi.org/10.1007/s11356-019-06456-5
- Vandenbergh, M. P. (1997). An Alternative to Ready, Fire, Aim: A New Framework to Link Environmental Targets in Environmental Law, Kentucky Law Journal, 85 (4), 803-918.
- B) Reports
- Block, S., Emerson, J. W., Esty, D. C., de Sherbinin, A., Wendling, Z. A., et al. (2024). 2024 Environmental Performance Index. New Haven, CT: Yale Center for Environmental Law & Policy.
- Sachs, J. D. Lafortune, G. Fuller, G. & Drumm, E. (2023). Sustainable Development Report 2023, Paris: SDSN, Dublin: Dublin University Press.
- C) Documents
- Code de l'environnement de France, 2000, Version au 31 janvier 2025.
- National Environmental Policy Act of 1969, (NEPA) [Public Law 91–190], 42 U.S.C. 4321, As Amended Through P.L. 118–5, Enacted June 3, 2023.
References In Persian:
- A) Book
- Faryadi, M. (2017). Restorative justice approach to the green sanctions in the environmental crimes, in: Encyclopedia of restorative justice, by Mohammad Farajiha, Mizan Publication (In Persian).
- B) Articles
- Abdollahi, M. & Faryadi, M. (2010). Legal Challenges facing Iran’s Department of Environment, Environmental Sciences, 7 (4) (In Persian).
- Bazrafshan, J. Khalili, A., Zand Parsa, S., Sepaskhah, A., Alizadeh, A., Farhoodi, J. (2020). Document study of condition of agricultural water resources and consumption in Iran: examination of statues quo, pathology and solutions, Journal of Strategic Researches in Agricultural and Natural Resources Sciences, 6 (1) (In Persian).
- Faryadi, M. (2024). Examination of the appropriateness of the current organizational status of Department of Environment, Journal of Administrative Law, 12 (40) (In Persian).
- Hamdi Ahmadabadi, Y., Liaghat, A., Rasoulzadeh A., Ghaderpour R. (2018). Investigation of in the Capita Water Consumption Variation in Iran Based on the Past Two-Deca Diet, Journal of Water and Soil Researches, 50 (1) (In Persian).
- Mashhadi, A. & Zaboli Zavareh, F. (2021). Feasibility of Establishing the Ministry of Environment in the Iranian Legal System, Journal of Environmental Sciences and Technology, 23 (3) (In Persian).
- C) Reports
- Amiri, S. & Mazaheri, M. (2023). Challenges of overconsumption of underground waters in Iran: examination of status quo and disaster of subsidence, Majlis Research Center report, no. 18884 (In Persian).
- Asadi, M. Mazaheri, M. & Abdolmanafi, N. (2021). Analytical examination of current situation and future of water shortage disaster in Iran, Majlis Research Center report, no. 18067 (In Persian).
- Department of Environment, (2020). Environmental Functioning Report, Department of Environment (In Persian).
- Hajimohammadi, M. & Rad, N. (2021). The green cabinet: Experience of managers of Department of Environment in the 12th administration, Publication of Department of Environment (In Persian).
- Hajimohammadi, M. (2021). The challenges and solutions for Iran’s concurrent environment, Publication of Department of Environment (In Persian).
- Hajimoradi, A. & Taghvayi Najib, H. (2022 a). Examination of implementation of the 6th development plan orders on protection of the wetlands, Majlis Research Center report, no. 18291 (In Persian).
- Hajimoradi, A. & Taghvayi Najib, H. (2022 b). Examination of functioning of the National Working Group on Coordination and Management of Wetlands, Majlis Research Center report, no. 18639 (In Persian).
- Hoseyni, V. (2019). Comparative examination of air pollution in the mega cities 2: Pathology of air pollution laws, Majlis Research Center report, no. 16710 (In Persian).
- Mazaheri, M. & Abdolmanafi, N. (2019). Assessment of effectiveness of legislation on underground water resources, Majlis Research Center report, no. 16750 (In Persian).
- Raf’tipanah Mehrabadi, M. (2020). Development and degradation: examiniation of Iran’s environmental policies during the development plans 1948-1978 (In Persian).
- Rezayi, M. & Taghvaii Najib, H. (2023). Procedures and instances of corruption in environmental protection, Majlis Research Center report, no. 19387 (In Persian).
- Rezayi, M. Ahmadi fini, A. (2021). Pathology of scrapping the old cars in Iran and solutions, Majlis Research Center report, no. 18124 (In Persian).
- Soleymani, E. & Mo’asheri, R. (2023). Examination of conditions of the environmental guards, Majlis Research Center report, no. 18906 (In Persian).
- Soleymani, E. (2021). Examination of environmental functioning of the State, Majlis Research Center report, no. 17474 (In Persian).