Analyzing the Environmental Democracy in International Law and Iran’s Legal System

Document Type : academic

Authors

1 Assistant Professor, Department of public law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.

2 Assistant Professor, Department of public law, Faculty of Law and Political Science, University of Mazandaran, Babolsar,, Iran

3 Ph.D. in International Law, Faculty of Law and Political Science, University of Tehran

Abstract

Procedural environmental law, also known as environmental democracy consists of three Pillars, which include the right of access to environmental information, the right of participate in environmental decision-making procedures and the right of access to justice. Environmental democracy is granted to citizens for their empowerment in order to protect their health against environmental damage and to ensure the environment. The aim of this study is to investigate the above rights in the international documents, jurisprudence and domestic legal systems of some leading states and then analysis the Iranian legal system with a descriptive-analytical method. We found that Iranian legal system still suffers from some gaps despite the positive efforts to achieve environmental democracy in recent years. The most important issues are the lack of specific rules on people’s access to environmental information, a favorable system for citizen participation in environmental decisions, and a dedicated environmental court.

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History

  • Receive Date: 04 November 2022
  • Revise Date: 17 April 2023
  • Accept Date: 19 April 2023

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