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

محمودی کردی, زهرا; رضازاده, حسین; شارق, زهرا سادات

doi:10.22066/cilamag.2023.704411

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

نوع مقاله : علمی پژوهشی

نویسندگان

¹ استادیار، گروه حقوق عمومی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران.

² استادیار، گروه حقوق عمومی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران

³ دکتری حقوق بین الملل، دانشکده حقوق و علوم سیاسی، دانشگاه تهران

10.22066/cilamag.2023.704411

چکیده

Procedural environmental law, also known as environmental democracy consists of three Pillars, which include the right of access to environmental information, the right of participation 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 analyse the Iranian legal system through 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.

کلیدواژه‌ها

موضوعات

حقوق بین الملل محیط زیست

عنوان مقاله [English]

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

نویسندگان [English]

Zahra Mahmoodi ¹
Hosein Rezazadeh ²
Zahra sadat Shareq ³

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

چکیده [English]

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.

کلیدواژه‌ها [English]