Feasibility of Preventing Industrial Pollution from the Perspective of the Civil and Criminal Liability Systems in Iranian Law
Keywords:
Pollutant, environmental pollution, prevention, interaction, damage, punishment, criminal liability, civil liabilityAbstract
Environmental pollution resulting from industrial activities is one of the major challenges of the contemporary era, threatening both human health and ecosystem balance. This article examines the various dimensions of the legal liability of polluting industries for environmental damage within the Iranian legal system. The primary objective of this study is to analyze the civil and criminal liability of individuals and entities responsible for industrial pollution in Iranian law. Considering the importance of environmental protection as stipulated in the Constitution and other substantive laws, this research aims to explore the challenges of implementing liability for polluting industries. The methodology of this research is based on a comparative legal study and library-based research focused on Iranian environmental regulations. Key findings indicate that Iranian law has the capacity to incorporate various foundations of civil liability, including strict liability, for polluting industries. Furthermore, Iranian criminal law emphasizes the criminal responsibility of legal entities for environmental pollution. However, challenges remain, such as proving criminal intent or fault, the severity of prescribed penalties, and the effective enforcement of criminal liability for legal entities. The conclusion suggests that although civil and criminal liability systems differ, they share common elements that can serve the principle of environmental pollution prevention. Effective environmental protection and the prevention of industrial pollution require enhanced coordination and interaction between civil and criminal liability systems. Nevertheless, weaknesses in monitoring and law enforcement remain significant obstacles to the effectiveness of these two systems. Therefore, reforming and clarifying existing laws, as well as strengthening international cooperation in this domain, appear to be essential.
References
Amir Hosseini, Z., & Ghobadi, M. (2016). Social Responsibility Reporting, Financial Performance and Institutional Ownership. Management Accounting Quarterly, 9(28).
Asadi, D. (2009). Principles Governing Criminal Justice in Iranian Law. Order and Security, 2(4), 78-55.
Badini, H. (2005). Philosophy of Civil Liability. Company of Publication.
Choopani, M. H. (2009). Environmental Pollutants and Environmental Protection. National Gas Company of Iran.
Dadkhah, F., Mozaffari, M. R., & Gherami, J. (2021). Prioritizing Pollutant Gases from Cement Factories Based on FDH and CRA Models. New Research in Mathematics, 7(31), 167-183.
Eisaei Tafreshi, M., Sharafat Pima, M. R., & Sadeghi, M. (2007). The Effect of Force Majeure on Civil Liability. Modarres Humanities, 11(4), 193-220.
Estara’badi, A. (2017). Civil Liability Arising from Environmental Damage Caused by Development Projects.
Fahimi, A., & Arabzadeh, A. (2012). Jurisprudential Foundations of Environmental Law. Journal of Islamic Law Research, 13(1), 189-206.
Ghaheri, Z. (2008). Social Responsibility of Organizations and the Need to Consider it. Journal of Social Responsibility, 3.
Gholduzian, B. H. J. (2005). The Principle of Personal Responsibility of Legal Entities in the Field of Religions, Theology, and Law. 127-146.
Hajiazizi, B. (2013). Comparative Study of the Assumption of Causality in Contractual Liability. Comparative Law Review, 25.
Hayati, A. A. (2014). The Concept of the Precautionary Principle and its Place in Civil Liability. Journal of Islamic Law Research, 15(40).
Jafari Langaroudi, M. J. (2008). Terminology of Law (Vol. 3). Ganj-e Danesh.
Katouzian, N. (2008). Liability Arising from Environmental Damage. Journal of Law, 38(2).
Katouzian, N. (2015). Civil Liability. Company of Publication.
Kelishadi. (2012). Environmental Pollution; Health Effects and Operational Implications for Pollutants Removal. https://doi.org/10.1155/2012/341637
Kordi Shahdehi, H. (2017). Examining Criminal Liability in Environmental Crimes. National Conference on Scientific Research in Management, Accounting, Law, and Social Sciences.
Ma’soumzadeh, J., & Rahmani, M. (2017). Determining the Share of Traffic in Air Pollution in Tehran and the Technological Requirements for its Improvement. Industrial Technology Development, 15(29), 75-88.
Mesbah Yazdi, M. T. (2002). Philosophy of Ethics. International Printing and Publishing Company.
Mir Mohammad Sadeghi, H. (2004). Crime against public safety and security. Mizan Publication.
Moein, M. (2006). Persian Dictionary.
Mohajer, M., & Nejad Moghadam Zanjani, N. (2022). Legal Analysis of the Relationship between Corporate Social Responsibility and Environmental Civil Liability. Environmental Sciences Quarterly, 20(3), 105-116. https://doi.org/10.52547/envs.2021.1097
Mohseni, F., & Ansari, R. (2019). The Reciprocal Effect of Criminal and Civil Liability. Journal of Legal Research, 22(86), 353-379. https://doi.org/10.29252/lawresearch.22.86.353
Molaei, A. (2020). Challenges of Implementing the Polluter Pays Principle in Iran’s Clean Air Law. Shiraz University Law Review, 12(1), 275-306.
Molaei, A., & Rostami, H. (2020). Environmental Side Effects in Iranian Law. Judicial Law Review, 25(91), 277-296. https://doi.org/10.1080/10854681.2020.1871717
Niknam, M. R., Masjed Sarei, H., & Zolfaghari, M. (2023). Environmental Protection in the Light of Jurisprudential Rules. Journal of Jurisprudence and Islamic Law, 15(30), 289-320.
Shahidi, S. M., Dehqan, N., & Badi’ Sanaii Esfahani, A. (2018). The Relationship between Administrative Responsibility and Criminal and Civil Liability. Judicial Law Review, 23(83), 129-156.
Shamibati, H. (2001). General Criminal Law (Vol. 1). Zhobin Publications.
Valaey, I. (2009). Islam and the environment. Rumi’s Thought Publishing.
