Legal Effects of Determining the Environmental Protected Areas on the Right to Property and Public and Private Land Ownership

Document Type : Research Paper

Authors

1 Faculty of Natural Resources and Environment, Islamic Azad University, Science and Research Branch, Tehran

2 University of Judicial Science and Administrative Services, Tehran, Iran

3 Faculty of Natural Resources and Environment, Islamic Azad University, Science and Research Branch, Tehran, Iran

Abstract

With the approval of the Hunting and Fishing Law, a government institution called the Hunting and Fishing Supervision Organization was established in 1346. Laws regarding the establishment of this organization as an independent governmental body under the supervision of the Supreme Council for Hunting and Fisheries Supervision, the possibility of allocating parts of the country to national parks with specific definitions Provided. The first cornerstone of protected areas in Iran was laid in 1346. The proposal to establish two national parks and 15 protected areas was immediately approved by the Supreme Council as the first protected group in Iran. In view of Iran's environmental diversity and different climatic zones, the government, in cooperation with the Environment Organization, in accordance with international standards, prepared this quadruple classification in a bill in 1353 and presented it to the parliament. National Heritage, National Conservation Area and Wildlife Sanctuary were approved. In each of these regions, different types of lands can exist in terms of type and use, so that the determination and establishment of a special legal system for the four regions, on the exploitation, occupation and use in areas. Enclosed is effective and the legal system governing the property rights of the lands located in that area has affected and led to numerous legal claims. Reviewing laws and regulations, implementation of previous and current laws, conflicts and possible disputes between the mentioned laws and providing legal solutions is an issue that can pave the way for some legal conflicts and disputes.

Keywords


-Bina, 2007. A study on the jurisprudential rules of barren lands. Farhang Jihad, No. 48, 11p.
-Case, A., Charles, W. and Lang, P.S., 2013. Environmental Law. Translated by M.H. Habibi, University of Tehran, Vol. 1, 261p.
-Dehdardargahi, M. and Makhdoum Farkhondeh, M., 2002. Zoning of Golestan National Park. Environmental Science, 28 (29): 6.
-Gorjifard, H., 2013. Green criminology and environmental crimes. Master Thesis, Shahid Beheshti University, 26p.
-Golduzian, I., 2011. The edge of the Islamic penal code. Mizan Publishing, Tehran, 768p.
-Haeri Shahbagh, S.A. 1997. Description of Civil Law. Ganj-e-Danesh Library Publications, Tehran, First Edition, Volume 1, 656p.
-Junidi, M.J., 1973. Mining Industries and Environmental Pollution. Industrial Industries Development and Renovation Organization of Iran, Tehran, 149p.
-Katozian, N., 2011. General Rules of Contracts. Mizan Publications, Tehran, vol. 2, 587p.
-Katozian, N., 2012. Introductory Course in Civil Law: Property. Mizan Publishing, Tehran, vol. 21, 37p.
-Madani, S. J., 2012. Civil Law (Introduction and Generalities- Waqf Property and Financial Law). Paydar Publishing, Tehran, Vol. 1, 384p.
-Mashhadi, A., 2010. Terminology of Environmental Law. Khorsandi Publications, Tehran, Vol. 1, 272p.
-Moghimi, M. R. and Bayari, A., 2010. Land-eating beds and methods of dealing with it. Karagah Magazine, 2, 3(11): 19.
-Nouri, J., 1993. The Culture of the Environmental Society. Moalef, Vol. 1, 583p.
-Roudgarmi, P., Amoumzadeh, M. and Raji, M.T., 2018. A Study of national laws and regulations related to forests and rangelands. Scientific Journal of Land Management Extension, 6: 11.
-Zeinali, M. and Zeinali, T., 2017. Practical methods of goodwill valuation and pricing. Cheragh Danesh Publications, Tehran, 230p.