جستجوی مقالات مرتبط با کلیدواژه « نظام حقوقی » در نشریات گروه « محیط زیست »

In Iran, the issue of guaranteeing the right to clean air and its enforcement mechanisms has not yet found its real position in the legal system. The purpose of the article is to interpret the current situation regarding the right of citizenship, according to access to clean air, and the corresponding laws in Iran. To achieve this goal, European countries and corresponding laws have been chosen as benchmarks. Finally, providing solutions in the form of reasons for not defining the corresponding human rights laws and implementing them in the field of clean air will be the ultimate goal of the article.

The current research is of the type of applied research, especially, the inferential approach and the analysis of the existing conditions by the author were the main paths in the final impressions.

In Iran, the issue of guaranteeing the human right to clean air and its enforcement mechanisms has not yet found its real position in the legal system, specifically, elements such as the need for large investments, long-term and researched planning, and access to modern technologies for industrial use. The main challenges in defining and implementing citizens' rights are in the issue of access to clean air. In contrast, the European Union has always been a pioneer in creating a specific legal system in the field of dealing with air pollution.

According to internal and external reports and standards, the level of air pollution in Iran violates the rights to life and health, children's rights, and the right to live in a healthy and sustainable environment. In Iran, there is no sufficient legal system to restore citizen's rights in the issue of clean air, or if there is, they are not fully implemented

The Department of Environment is the main custodian of environmental protection and the implementation of Principle 50 of the Constitution. The accuracy of the organization's performance shows the failure of the full and effective implementation of the assigned tasks, which has provided the ground for raising the issue of forming the Ministry of Environment. Proponents of this plan express Reasons like Creating integration and managerial cohesion, structural weaknesses and shortcomings of the legal system and lawful parliamentary oversight and opponents point to the confusion of sovereignty and entrepreneurship, the weakening of the main task of the institutions subject to merging and their different positions, and the difficulty of managing a multi-sectoral institution difficulty of managing a multi-sectoral institution. The present study, with its descriptive-analytical method, seeks to examine the possibility of forming the Ministry of Environment in the Iranian legal system. Studies have shown that fundamental legal problems such as the lack of a comprehensive sustainable development plan and environmental protection developed based on the general policies of the environmental system, as well as the existence of parallel, scattered and old rules and regulations lack comprehensive and systematic approaches to environmental management, affects the management of the department or ministry, and they must be addressed first. However, given the ministry's organizational, social, and legal status in the country's political system, the Ministry of Environment's structure seems to be more successful in creating and implementing these fundamental changes and solving existing problems.

Today, regardless of the legal issues of natural resources and the environment especially in rural planning policy is not possible to achieve sustainable development in the debate over the country and to understand this fact that the natural resources in our country has been limited the process of renewable done slowly or sometimes cannot be restored because of degradation. Therefore, a set of different executive agencies in the development process should be done in accordance with commensurate with status of resources. This paper, With a view to past and present status of the country's natural resources, has tried in the laws governing the exploitation of these resources, especially in rural and tribal communities that has described the relationship between rural and nomadic farmers, livestock and natural resources, and the past and present these resources, including forests, grasslands, deserts and watershed management and land property rights system in Iran and then stated in detail the issue of transfer of land and its effect on the degradation of natural resources and the phenomenon of land speculation and finally referred to the Pathology department of natural resources legal policy in relation to rural and tribal society and its difficulties and problems of this sector and the weakness and ambiguity in these rules and need for its revision.