Abstract
Non-governmental actors play a crucial role both internationally and nationally. Since these new actors are geographically and functionally diverse, it is impossible for government actors to ignore them. The non-government sector is at once a rival and a partner for the government. When it comes to human rights, these organizations are more of an opponent of governments; however, when it comes to health, development, and the environment, they are more of a partner. Although these organizations play an active role in Iran's legal system when it comes to environmental protection, there are still many gaps in the reaction phase. Appropriate conditions must be provided to ensure their participation in environmental litigation so that they can attain their desired position in criminal proceedings as quasi-prosecutors.
TopIntroduction
Unbridled industrial development has transformed nature and caused irreparable damage to the human environment. Therefore, taking measures at the national and international levels as one of the important measures is on the agenda of many countries; Many conferences have been held in this regard so far. One of the major and decisive mechanisms to achieve this important goal is identifying and involving NGOs in environmental issues. The prevention principle is one of the most well-known principles of international environmental law and is considered the “golden rule” in this field. This principle is explicitly enshrined in the Rio 1992 Declaration on Environment and Development; Achieving this principle in line with the implementation of Chapter 27 of Agenda 21 requires the role of non-governmental organizations. This agenda focuses on the role of social actors; In general, these actors are classified into two types of individuals, associations, and groups. Women, youth, indigenous peoples, farmers, scientists are among the real people who have been considered in environmental protection; While local councils, trade unions, and NGOs are among the group actors; There are roles for them. Reflection on these actors reveals several facts; First, these actors are divided into two large groups of individuals and legal entities; second, they share a non-governmental nature; and finally, they share a direct or indirect goal in environmental protection (Tarlock, 1992).
Today, non-governmental organizations contribute to the criminal justice system in achieving its goals in two ways. On the one hand, by performing their duties in reporting and reporting crimes, they help the criminal justice system detect and prosecute crimes, and on the other hand, they help specific victims by playing a role in the criminal process. Sensitizing public opinion and timely advertising and information can play an important role in protecting the environment (Li et al., 2018).
Achieving high environmental goals is difficult regardless of the role of NGOs in the various stages of the formation of environmental norms and their monitoring and implementation. The social nature of the crime phenomenon requires that all social capacities be used as much as possible to prevent and suppress crime. The participation of non-governmental organizations in the criminal process is considered one of these capacities; Something that can be effective in the success of prevention programs in the community. Therefore, a participatory approach and preventive measures can prevent many environmental crimes.
In addition to prevention, it is very important to take a reactive approach to criminalize acts of environmental degradation and pollution; By identifying and expanding the competence of those in charge, from public and governmental to private and non-governmental, the protection of privacy will become a better and easier process. Therefore, the interaction of non-governmental organizations with the government and the competence of these organizations in environmental criminal cases has an important role in protecting the environment in the control and enforcement phase (Spiro, 2007).
The question is whether Iranian law has a role for NGOs in preventing environmental crimes. If so, what is this role in Iranian law, and if not, what action should be taken in the field of legislation? The answers to these questions reveal the type of attitude of the Iranian legislature towards the environment in environmental policies and explain the criteria and mechanisms adopted in the form of participatory prevention for environmental protection and sustainable use of the country’s natural resources.
Depending on the interpretation of the word prevention, its mechanisms also vary. In providing a broad interpretation of prevention in environmental crimes, the purpose is various criminal and non-criminal measures and mechanisms. In the case of providing a narrow interpretation of this concept, only criminal mechanisms are considered. In other words, prevention in its broadest sense includes a wide range of actions and mechanisms; While in its narrow and specific sense, it includes only non-criminal acts (Wu et al., 2017).
Key Terms in this Chapter
Precautionary Principle: One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows, to protect the environment, States shall widely apply the precautionary approach according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Equity: Defined by UNEP to include intergenerational equity—“the right of future generations to enjoy a fair level of the common patrimony”—and intragenerational equity—“the right of all people within the current generation to fair access to the current generation’s entitlement to the Earth’s natural resources”—environmental equity considers the present generation under an obligation to account for long-term impacts of activities and to act to sustain the global environment and resource base for future generations. Pollution control and resource management laws may be assessed against this principle.
Sustainable Development: Defined by the United Nations Environment Programme as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs,” sustainable development may be considered together with the concepts of “integration” (development cannot be considered in isolation from sustainability) and “interdependence” (social and economic development, and environmental protection, are interdependent). Laws mandating environmental impact assessment and requiring or encouraging development to minimize environmental impacts may be assessed against this principle. The modern concept of sustainable development was discussed at the 1972 United Nations Conference on the Human Environment (Stockholm Conference) and the driving force behind the 1983 World Commission on Environment and Development (WCED, or Bruntland Commission). In 1992, the first UN Earth Summit resulted in the Rio Declaration, Principle 3 of which reads: “The right to development must be fulfilled to equitably meet developmental and environmental needs of present and future generations.” Sustainable development has been a core concept of international environmental discussion ever since, including at the World Summit on Sustainable Development (Earth Summit 2002 AU65: The in-text citation "Earth Summit 2002" is not in the reference list. Please correct the citation, add the reference to the list, or delete the citation. ) and the United Nations Conference on Sustainable Development (Earth Summit 2012 AU66: The in-text citation "Earth Summit 2012" is not in the reference list. Please correct the citation, add the reference to the list, or delete the citation. , or Rio+20).
Environmental Law: Environmental law is a collective term encompassing aspects of the law that protect the environment. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focuses on managing specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category but are nonetheless important components of environmental law. Previous research found that when environmental law reflects moral values for betterment, legal adoption is more likely to be successful, usually in well-developed regions. In less-developed states, changes in moral values are necessary for successful legal implementation when environmental law differs from moral values.
Polluter Pays Principle: The polluter pays principle stands for the idea that “the environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large.” All issues related to responsibility for cost for environmental remediation and compliance with pollution control regulations involve this principle.
Public Participation and Transparency: Identified as essential conditions for “accountable governments...industrial concerns,” and organizations generally, public participation and transparency are presented by UNEP as requiring “effective protection of the human right to hold and express opinions and to seek, receive and impart ideas, etc. a right of access to appropriate, comprehensible and timely information held by governments and industrial concerns on economic and social policies regarding the sustainable use of natural resources and the protection of the environment, without imposing undue financial burdens upon the applicants and with adequate protection of privacy and business confidentiality,” and “effective judicial and administrative proceedings.” These principles are present in environmental impact assessment, laws requiring publication and access to relevant environmental data, and administrative procedures.
Transboundary Responsibility: Defined in the international law context as an obligation to protect one’s environment. UNEP considers transboundary responsibility at the international level to prevent damage to neighboring environments at the international level as a potential limitation on the rights of the sovereign state. Laws that limit externalities imposed upon human health and the environment may be assessed against this principle.
Prevention: The concept of prevention etc. can perhaps better be considered an overarching aim that gives rise to a multitude of legal mechanisms, including prior assessment of environmental harm, licensing, or authorization that set out the conditions for operation and the consequences for violation of the conditions, as well as the adoption of strategies and policies. Emission limits and other product or process standards, the use of best available techniques, and similar techniques can all be seen as applications of the concept of prevention.