The Jurisprudential Solution to Resolve Conflicts of Interest in the Implementation of Environmental Protection Laws and Regulations

Document Type : Original Article

Authors

1 PhD student in Jurisprudence and Fundamentals of Law, Faculty of Theology, Qom University, Qom, Iran.

2 Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Faculty of Theology, Qom University, Qom, Iran.

Abstract

According to most experts of the environment, a major part of the environmental crisis in Iran is due to the failure of some environmental laws and regulations, which has created a conflict of interest in the implementation of environmental laws and regulations. In the meantime, in the light of the content of Article 2 of the Environmental Protection Law, some government organizations are considered as one of the main interested parties in the conflict of interests in the implementation of environmental protection laws against the national interests of the country since they are themselves in charge of environmental protection and are permanent members of the High Council for Environmental Protection and are the highest oversight and decision-making authority as well as the undisputed power of policy-making in all aspects of environmental affairs. In this descriptive-analytical study, the most appropriate, least costly and fastest solution for this crisis, which is caused by the failure of some formal environmental laws, is examined, including Article 2, which has provided the basis for selective and discriminatory implementation of laws and regulations. Thus, according to the jurisprudential rule of "La Zarar (no harm)", which is also the content of Article 40 of the Constitution, by reviewing the content of Article 2 of the Law on Environmental Protection, the position of the Supreme Council for Environmental Protection has been upgraded from an internal administrative council to a supranational council. The result is the elimination of conflicts of interest in the implementation of environmental laws and regulations and the proper management of the environmental crisis in the country.

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References

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History

  • Receive Date: 02 August 2021
  • Revise Date: 24 January 2022
  • Accept Date: 21 March 2022

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