Challenges of Implementing polluter pays principle in Iranian Clean Air Act

Document Type : Research Paper

Author

Department of law, Faculty of Human Sciences, Bu-Ali Sina University, Hamedan, Iran

10.22099/jls.2020.32520.3301

Abstract

The present paper tries to take into account the polluter pays principle, to discuss challenges of civil liability of individuals under the Clean Air Act and to show how much this document, as a fundamental document in the air, suffers from deficiencies and gaps. Thus, the question has been answered: What is the challenges of implementing polluter pays principle in Iranian Clean Air Act 2017? Using descriptive-analytical method, these results are obtained, first; despite its long history and extensive jurisprudence and legal literature about the institution of ownership and property of jurisprudential principles, such as: principle of Non-Loss, but our legal and Jurisprudence traditions of immaterial property lacked a rich literature. The weakness, of course, was evident at the Clean Air Act which has failed because of the theoretical weakness and good legal mechanisms weakness about the public property. Secondly, to come over such a deficiency it seems that the foundation of the law needs to be reviewed concerning the concept of property (ownership and right) in the field of air. Thirdly, one cannot expect much from this Act, because the legislator discussed the phenomenon of public law (air) with the literature of private law.

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