Legal system tools to confront environmental losses emphasizing the principle of preventive measures

Rahimi, Habibollah; Khodarahmi, Nasrin

doi:10.30497/law.2019.2378

Legal system tools to confront environmental losses emphasizing the principle of preventive measures

Type : Research Article

Authors

Habibollah Rahimi

Nasrin Khodarahmi

10.30497/law.2019.2378

Abstract

Prevention of losses is one of the important legal principles that lawyers have spoken about in recent decades. The aforementioned principle in the field of environmental losses means that the lack of scientific certainty should not be used as a reason to postpone the actions required to prevent environmental degradation. The main question posed in this article is that the legal system uses the tool of civil liability or behavioral regulation in applying the principle of preventive measures? In other words, does a legal system apply to the precaution principle use the behavioral regulation, or does it act in a compensatory way through a fundamental evolution in the subject matter of civil liability and the replacement of a preventive approach?
To answer this question, we first have to examine the criteria of the legal system in choosing either of the two civil liability tool and the behavior regulation, and then opine on the appropriate legal system in applying the principle of preventive measures.

Keywords

Regulation

Precaution Principle

Civil Liability

Enviremental