Sajedeh Safikhani; Arashk Holisaz
Abstract
Introduction: Laws are reflecting values that are changing and reflect the principles and values of the acceptable in a statehood. The chaptering of the legislation and regulation are one of the most important structural points when drafting the regulation and legislation. Because the principles and ...
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Introduction: Laws are reflecting values that are changing and reflect the principles and values of the acceptable in a statehood. The chaptering of the legislation and regulation are one of the most important structural points when drafting the regulation and legislation. Because the principles and the axes of the environmental regulation and legislation show the most important environmental concerns and problems, and policies and activities of state to prioritize and resolve environmental problems. However, there are fewer studies available about the investigation of the principles and axes of environmental regulation and legislation from a comparative perspective. This article examines the principles and axes in environmental legislation and regulation.
Materials and Methods: The paper follows the method of qualitative content analysis for the definition and determination of the principles and axes of environmental legislation and regulation. In this regard, it used the upstream documents of Iran's and the statements of international conferences for the definition and determination of the principles and axes of environmental legislation and regulation. Such as: the general policies of the system in the sectors of water resources, natural resources and environment, Articles 40, 44, 45, 47, 48 and 50 of the Iran's constitution, declaration of the United Nations conference on the human and environment, declaration of United Nations conference on environment and development, declaration of the agenda 21 and world summit on sustainable development plenary statement. Then, it uses of network analysis method and software of Ucinet and Netdraw in order to show degree centrality and betweenness centrality of the principles and axes.
Results: The results show that the most axes are in the period of the implementation of the Land Reform to the Islamic Revolution (1962-1978) with 29 axes, the eleventh and twelfth governments (2013-2020) with 28 axes, and the victory of the Islamic revolution to the end of the war (1978-1988) with 27 axes. Also, the seventh and eighth governments (1997-2004) with 12 axes and the ninth and tenth governments (2005-2012) with 15 axes have the least axes compared to other periods. All axes are of equal importance in the ninth and tenth governments. In other words, all axes have the same degree centrality (14) and betweenness centrality (0/02). Despite the fact that the principles and axes are different in each period, but the principles of "prioritization and priority right", "pollution", "monitoring and inspection", "investigation of scientific principles", "Economic growth and development" and "participation and cooperation" are common in all governments. In addition, comparing the principles and axes of Iran's environmental regulation and legislation with the principles and axes of international environmental documents shows that most of the axes used in the environmental regulation and legislation of Iran are located in the declarations of the United Nations conference on the human and environment and the United Nations conference on environment and development.
Discussion: Although, Iran's environmental legislation and regulation are affected by acceptance of the statements of international conferences and membership in international organizations, but legislative institutions have a superficial focus on some principles and axes of the statements of international conferences. In other words, legislative institutions add these axes to the text of environmental regulation and legislation in a period of time and delete those at a later period of time. Such as the "evaluation" principle and other principles that directly and indirectly refer to the "evaluation" principle.