hamid bazrpach; Farzad Karimi Khanjari
Abstract
International environmental law and international law of investment in goals are conflicting in that the investor's goal is individual interest and the environmental goal is collective interest, while in practice and implementation are closely related and in an implementation environment And play a key ...
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International environmental law and international law of investment in goals are conflicting in that the investor's goal is individual interest and the environmental goal is collective interest, while in practice and implementation are closely related and in an implementation environment And play a key role in today's human society. Therefore, economic investments by companies in different countries require legislation and sometimes restrictive laws. One of these methods is the application of environmental laws, which are often ignored in corporate and oil investments aimed at attracting foreign investment. Thus, this research uses a descriptive-analytical method to investigate the issue of environmental commitments in investments. Research shows that oil investors often overlook environmental commitments, and governments in developing countries show flexibility to attract more investors due to financial constraints and economic weakness, one of which is one of their areas of flexibility is environmental law. Given the current environmental crises, however, governments must minimize violations of environmental obligations by enacting and enforcing strict and restrictive laws and regulations.
Environmental Law
Farzad Karimi Khanjari; Mahdi Sajadi Kia
Abstract
The environment is one of the most important issues today, which is at the forefront of international affairs, given the catastrophes we are witnessing today. These catastrophes are caused by the damage done to the environment by individuals or governments; the damages that must be compensated by them, ...
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The environment is one of the most important issues today, which is at the forefront of international affairs, given the catastrophes we are witnessing today. These catastrophes are caused by the damage done to the environment by individuals or governments; the damages that must be compensated by them, that is, they have civil liability. Environmental civil liability is defined in both international and Iranian law, but there may be different definitions for determining the type of civil liability. Now the question is, in case of damage to the environment, what is the resulting civil liability in Iranian law and international documents? Therefore, in this article, we will study the nature of civil liability in Iranian law and international documents analytically-descriptively and with a library method, and we will examine how to compensate them and their strengths and weaknesses. Research shows that absolute liability in this situation is the best type of civil liability that can be applied to environmental damage, and that is why this type of liability has been adopted in international documents, but in Iranian law, civil liability is based. It is the fault that it also applies to environmental damage, which is not commensurate with the nature of the environment.