mansoor pournouri

Undoubtedly, the environment is the bedrock of human individual and social life. The purpose of this study is to extract legal tools and look at the hidden angles and gaps of environmental law to enable the establishment of a broad interpretation of the stakeholder position in order to be able to file environmental claims regardless of climate and nationality. Violation of the environment should also be legalized. In the field of environment and at the macro level, most environmental damages are issued with a legal permit. It is also possible to file an environmental claim if the claimant has proven damages. The existence of these two obstacles at the macro level either does not allow the principle of prevention to be fully established, or does not allow for damages and, through the first, environmental protection. If the outcome of accepting the right to the environment and a broad interpretation of the stakeholder position makes the possibility of providing this protection and damages a share, it will reciprocally make governments more accountable and, of course, more cautious in formulating legislative policies, implementing laws and judicial measures. It also increases the ability of individuals and non-governmental organizations to protect the right to the environment and demand environmental damage.

Today, environmental law is mentioned as one of the important tools for Natural spaces management and environmental protection. Applying legal aspects and considerations to natural geography requires comprehensive laws and guidelines. The right to a healthy environment is recognized as a fundamental right in the human rights community, although it has not yet been fully recognized. Special attention to this right has led to the recognition of the potential of civil, economic, cultural and social rights. The aim of this study was to identify the indicators related to the right to the environment of Iran. The research is of applied type. Initially, based on the classification of vegetative regions of Iran, the natural geography of the country was divided into five regions. The statistical population of the study included experts, managers, professors in the field of environment and natural resources. A statistical sample of 400 people was determined. SPSS21 software and information layer overlay system were used for data analysis. A total of 4 main indicators and 17 sub-indicators were identified. The "Ecosystem Health" indicator had the highest score (1397), after that "vegetation" indicator with 1305, the "animal wildlife" indicator with 1267 points and the "environmental quality" indicator with 1181 score were. The highest weight for sub-indicators belonged to "land use change" with 5.78 and the lowest weight belonged to "noise pollution" with 2.11. The "land use change" indicator was introduced as the most important indicator in all regions and the "noise pollution" was introduced as the least important indicator. According to the average score obtained for the seventeen indicators of environmental law, it was found that these indicators are the most important in the Zagros ecological region (4.37) and in the Irani-Turani (4.197), Hyrkani-Caspian (3.974), Arasbaran (3.93) and finally, Persian Gulf - Omani (3.178).

The purpose of the research is to identify the types of environmental pollution crimes in Iran. This research is a theoretical type that has been done by survey and analysis and has been done in 3 stages. Initially, an initial list of environmental crimes was used by a semi-structured interview method. Sampling was determined by the targeted method and the sample size was 169 people. All interviews were implemented and coded as text. In the next step, using expert opinions and the method of pairwise comparison, environmental crimes of weighting and their importance coefficient were determined. Then, by inquiring from the legal offices of the relevant organizations, the statistics of violations and environmental crimes by the provinces of the country between the years 2017 to 2019 were obtained. The results showed that the main crimes of environmental pollution in Iran can be divided into 8 main categories. Also, 23 criteria were determined for them. Among the eight crimes of environmental pollution, the highest weight belonged to air pollution (0.876) and then water pollution (0.797). Also; the lowest weight was allocated to wave pollution (0.114). A comparative comparison between environmental pollution crimes showed that between 2017 and 2019, statistically, the highest rate of crime was related to waste pollution and then water pollution. Mazandaran province with 6674 cases of environmental crimes in the top provinces of the country and Khorasan Razavi province was introduced as the last province with 223 cases of environmental crimes.

The aim of this study was to evaluate the typology of environmental crimes in the natural geography of Iran.

First, a checklist of different environmental crimes prepared based  on semi-structured interview method with 169 respondents identified as sample size. Second, using expert opinions and the method of pairwise comparison, environmental crimes are weighted and their importance coefficient was determined. Finally, related data were collected from the legal offices of the relevant organizations, the statistics of violations, and environmental crimes in each provinces of the country between the years 2016 to 2019.

Environmental crimes are classified into 3 major factors, 8 minor-factors, and 23 measurement categories. The highest crime rates were "ecosystem degradation", "environmental pollution" and "biodegradation", respectively. The highest percentage of minor crimes belongs to "water pollution" with 58 percent, followed by "soil pollution" with 26 percent, and finally "air pollution" with 16 percent. In crimes related to "ecosystem destruction"; the highest percentage belongs to  "destruction of forests and pastures" with 48%, followed by "destruction of wetlands and ecosystems" with 35%, and finally, "destruction of mountains and plains" with 17%. In the case of crimes related to "harvesting resources and effects on biodiversity"; the highest percentage of "damage to wildlife" was 57% and the lowest rate was "damage to habitat" with 43%. The highest crime rates belong to  "land-use change" (9.4%) and the lowest is "herbal plant harvests" (0.5%). Mazandaran province with 6674 cases of environmental crimes is at the top of the list of provinces in the country and Khorasan Razavi province with 232 crimes is at the lowest point.

Considering the multiplicity and diversity of environmental crimes in the country and the increasing frequency of crime, it is necessary to take more effective measures in this regard.