Document Type : Scientific Research
Authors
Abstract
Environment and its related laws are considered new issues. Nowadays, environmental laws are among basic rights of human beings. Concerns for protecting environment have led the human beings to set rules in international level. The importance of environment is such that in spite of the fact that Fault has been considered as a full-scale norm in civil liability by legislators and lawyers, in regard to environment this approach has tended toward “pure liability’ when it comes to environment. Traditional system of fault-based civil liability is not comprehensive and effective in regard to environmental pollution, for proving many damages to the environment based on fault would face numerous difficulties. In Islamic economic legal system, Windfalls as the most important environmental approach belongs to and is under control of the Islamic government; therefore, reviewing governmental responsibilities with regard to technical and technological deficiencies would be unavoidable. On the other hand, Iran is a signatory to some international documents and conventions and considering the deficiencies of traditional fault-based civil liability system, it seems necessary to update and modify legislations and laws in accordance to international developments in protecting environment by a shift in basis of liability from fault to pure.
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