Establishing the position of private plaintiffs in environmental lawsuits in light of

Document Type : Research Article

Authors
1 Department of Law, Tehran East Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of International Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract
Today, the two-way interaction of protecting the environment and the responsibility of people towards it is a legal and fundamental obligation. This approach shows that in the context of this issue, the situation of pure responsibility is completely clear, and a violation of it is considered to be turning away from the action and abandoning the action and is considered a crime. Therefore, the position of environmental protection is considered an important and desirable matter. This issue becomes important to the extent that legal indicators are considered for it. These indicators explain the necessity of the issue in the discussion of environmental damage compensation, environmental lawsuits, and explain the position of private plaintiffs. Although a private plaintiff of a natural person cannot still have an environmental claim in the judicial authorities, this is in complete contradiction with Public Rights. Because the perspective and goal of public Rights is the right to citizenship and the right to citizenship proceedings. The purpose of this research is to examine the position of private plaintiffs in environmental lawsuits within the framework of means and responsibility that is being examined. Therefore, the present research seeks to answer the question of what is the position of a real private plaintiff in environmental lawsuits in the light of Public Rights? Our findings in this research indicate that by relying on existing laws as well as specific laws and with regard to judicial practice, the right to environmental litigation of private beneficiaries with an emphasis on compensation can be achieved. Also, vindication of private rights for natural persons can be considered as a guarantee of proper implementation for the realization of citizenship rights by relying on public rights.
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Volume 1, Issue 2
January 2025

  • Receive Date 09 February 2025
  • Revise Date 27 February 2025
  • Accept Date 10 April 2025