نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه حقوق بشر و حقوق محیط زیست، دانشکده حقوق دانشگاه شهید بهشتی (ره)، تهران، ایران
2 طلبه سطح 4 فقه و حقوق خصوصی مجتمع فقه، حقوق و قضا اسلامی قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Civil environmental liability serves as an effective instrument for the protection and preservation of the environment in instances where human activities result in environmental damage. A critical question arises when such harmful activities are conducted under an official government permit: can such a permit serve as a defense to exempt or mitigate the civil liability of the tortfeasor? Employing an analytical-comparative approach based on library research, this study examines this issue within the legal frameworks of several Islamic countries, namely Iran, Iraq, and Egypt, as well as the European Union. The findings indicate that despite the necessity of adopting a precautionary approach and the requirement for Environmental Impact Assessments (EIA) prior to issuing government permits, the mere granting of a permit does not, in principle, conflict with the principles of liability, given the fundamental nature of the right to a healthy environment. Consequently, a government permit alone cannot absolve the perpetrator of liability for environmental damage. In the laws of certain jurisdictions, there is an explicit provision allowing for legal actions and claims for compensatory damages even in the presence of an operational permit. Therefore, a government permit primarily pertains to the administrative legitimacy of an activity and cannot, unless expressly provided by law, be construed as a means to waive all civil liability arising from environmental harm. Although Article 8(4) of an EU Directive leaves room for a “permit-based defense,” national approaches demonstrate a resistance to the acceptance of such a defense.
کلیدواژهها [English]
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