The role of the private plaintiff in claiming environmental damages in the light of civil liability with a view to the 1993 Lugano Convention

Karimi, Rohollah; Pahlavanzadeh, Abbas; Jalali, Hossein

doi:10.22034/thdad.2023.547387.2092

The role of the private plaintiff in claiming environmental damages in the light of civil liability with a view to the 1993 Lugano Convention

Document Type : Original Article

Authors

Rohollah Karimi ¹

Abbas Pahlavanzadeh ²

Hossein Jalali ²

¹ PhD Student, Department of Private Law, Karaj Branch, Islamic Azad University, Karaj,, Iran

² Assistant Professor, Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran

10.22034/thdad.2023.547387.2092

Abstract

This study is aimed at examining the civil liability of natural and legal persons for environmental pollution and damages in Iranian law and in line with the Lugano Convention. Considers the victims of the dangerous effects of pollution and environmental damage and the obligation to compensate in the light of environmental civil liability. This research answers the question of whether private individuals can have environmental claims and lawsuits according to the legal framework. On the one hand, this issue is considered in domestic law, and on the other hand, the Lugano Convention, due to its systematic structure as the guiding principles of compensation through private litigation in its fourth chapter, "Action for Compensation and Other Claims." Considers and facilitates the process of action by private stakeholders regarding environmental damage. Among the findings of this study is a special view on the right to environmental complaint by a private plaintiff and a human rights view on it, expansion and development in achieving the realization of the principle of environmental litigation and also the approach of jurisdiction and environmental damage.

Keywords

civil liability

Lugano convention

environmental damages

litigation

natural person

Subjects