Culmination of Law

Culmination of Law

Feasibility study of using the rule of respect as a basis for liability caused by damage to the environment

Document Type : Original Article

Authors
1 Assistant Professor and Faculty Member, Department of Law, Seminary and University Research Institute (Qom), Qom, Iran.
2 Assistant Professor, Department of Private Law, Faculty of Law, Farabi Campus, University of Tehran, Iran
3 Faculty member of Grand Ayatollah Boroujerdi University, Faculty of Humanities, Lorestan, Boroujerd, Iran.
Abstract
One of the requirements in the field of legal discussions is to find consistent and reliable foundations for the challenges related to issues such as environmental degradation. This study aims to find a local basis for the protection and preservation of the environment, especially where the environment is devastated and degraded. The question arises here is that among the local principles, can the rule of respect be used in the protection and preservation of the environment and for the liability resulting from its destruction and damage? In order to achieve the objectives of the research, the necessary data have been collected from library sources and were examined via the descriptive-analytical method. Based on the findings of the present study, the rule of respect is known as one of the possible principles in justifying civil liability for violating the right in the realm of the environment.
The need to respect and protect the environment are justifiable on the one hand, given the intrinsic value of the environment and secondly, its instrumental value for better life of the human and its significant economic value in human life and also, the substantial damages that destructive actions against the environment inflict on human life and his/her material and spiritual benefits. On the other hand, arguments of respect, incidentally, include both financial and non-transactional aspects. In addition, the integrity of this protection, inevitably, requires that it be justified in case of violation of liability for compensation of harmful and destructive action against the environment.
Keywords