Assessing the Status of Iran's Policies in the Field of Marine Environment Based on Three Criteria of Efficiency, Coherence and Comprehensiveness

Document Type : Research Article

Authors

1 PhD Student in Criminal Law and Criminology, Qom Islamic Azad University, Iran

2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom, Iran

3 Associate Professor, Faculty of law, University of Tehran, Iran

Abstract

From long time ago, human beings have used the seas to continue or optimize their lives and have benefited from the gifts of the seas. The marine environment has a unique position due to its eco-hydrological function, providing a large portion of the world's population food and facilitating trade relations. In this research, 3 criteria are investigated for measuring criminal policy. These criteria include efficiency, coherence and comprehensiveness. The results of the criteria show that, due to the dispersion of laws and lack of integrity of the law, despite the use of human resources and spending money against marine environment crimes, there is no expected efficiency. Iran's criminal policy does not have the necessary coherence and alignment in legislative, judicial, executive and participatory dimensions. Iran's criminal policy on crime detection is relatively good, but it does not work well in terms of accountability. Almost from the beginning to the end of the laws, traditional punishments are monopolized, specifically imprisonment and fines. Criminal policy has stopped in traditional criminal responses and has not approved a new plan to use other criminal, non-criminal and legal responses in the field of ecology and hydrology, so Iran's criminal policy in this regard is lacking in comprehensiveness.

Keywords

References

[1].  H. S. Schiffman, “International Law and the Protection of the Marine Environment,” Int. Sustain. Dev. Law-Volume I, p. 306, 2010.[Persian]
[2]. M. Eslami, “History of piracy and legal restrictions,” Port and Sea, vol. 27, no. 192, 2012. [Persian]
[3]. E. Oveisi, “Investigating the causes of pollution of marine resources in different parts of the world and its causes from the perspective of the environment,” Sixth Conference on Marine Science and Technology. Atmospheric and Oceanic Science Center, Tehran, 2005. [Persian]
 
[4]. M. Mousavi and S. Pourebrahim, “Water quality assessment based on biological monitoring of the Karaj River (Alborz Province) using benthic macroinvertebrates,” J. Anim. Environ., vol. 11, no. 3, pp. 335–344, 2019. [Persian]
[5]. A. Khaleghi and H. Rashnavadi, “The Iran Criminal Legislative Policy for the Preservation of Water Resources with Regard to the International Instruments,” Crim. Law, vol. 1, no. 3. [Persian]
[6]. C. J. Vörösmarty et al., “Global threats to human water security and river biodiversity,” Nature, vol. 467, no. 7315, p. 555, 2010.
[7]. H. Bahremand and S. Rostami, “Analysis of the Effectiveness of Iran’s Penal Policy in Relation to Water Related Offences,” J. Res. Energy Law Stud., vol. 2, no. 2, 2017. [Persian]
[8]. H. Lotfi and H. Baghae, “Persian Gulf environment and its protection,” Compr. portal Humanit., no. 1, 2010. [Persian]
[9]. H. Akbarpour and M. Akbarpour, “Investigation of environmental crimes with emphasis on the Makran Sea.” National Conference on Makran Coastal Development and Maritime Authority of the Islamic Republic of Iran, 2013. [Persian]
[10].            Z. Khodadad, “Review of international regulations in the field of prevention of marine environmental pollution,” The 1st National Conference on Environment, Energy and Biodefense. Mehr Alvand, Tehran, 2013. [Persian]
[11].            S. Sadounzadeh and J. Dehdari, “Legal approach to maritime crime,” 17th Mar. Ind. Conf., 2006. [Persian]
[12].            T. Yousefi and S. Sadeghi, “Investigation of crimes against the environment in the light of Iranian criminal law,” The first national conference on the protection and rehabilitation of wetlands and lakes with emphasis on Zarivar Marivan Lake. Islamic Azad University, Sanandaj Branch, Marivan, 2015. [Persian]
[13].            A. Azizi, “Investigation of the international legal system for the protection of the marine environment based on the Caspian Sea in the context of pollution,” Compr. portal Humanit. Yar, vol. 2, no. 8, pp. 93–108, 2009. [Persian]
[14].            G. A. Banan, “Environment, Human and Prevention of Pollution,” Tehran Natl. Assoc. Conserv. Nat. Resour. Hum. Resour., vol. 2, 1972. [Persian]
[15].            M. J. Janeidi, “Mineral Industries and Environment Pollution,” Tehran Ind. Dev. Renov. Organ., 1973. [Persian]
[16].            F. Douvere, “The importance of marine spatial planning in advancing ecosystem-based sea use management,” Mar. policy, vol. 32, no. 5, pp. 762–771, 2008.
[17].            A. Kollmuss and J. Agyeman, “Mind the gap: why do people act environmentally and what are the barriers to pro-environmental behavior?,” Environ. Educ. Res., vol. 8, no. 3, pp. 239–260, 2002.
[18].            E. D. Papastavridis, “Crimes at Sea: A Law of the Sea Perspective,” in The Centre for Studies and Research in International Law and International Relations, E. D. Papastavridis, Ed. Brill, 1982.
[19].            L. Feldt, P. Roell, and R. D. Thiele, “Maritime security–Perspectives for a comprehensive approach,” ISPSW Strateg. Ser. Focus Def. Int. Secur., vol. 2, 2013.
[20].            A. Nafian, “A critical review of the legislative criminal policy of corruption,” Electron. J. Leg. Res. Qanun Yar, vol. 2019, no. 2. [Persian]
[21].            L. Kriatian and M. Ashouri, An Introduction to Criminal Policy. 2003. [Persian]
[22].            A. Mark, M. Ashouri, and A. Najafi, Social Defense, Ganje Dane. Ganje Danesh, 2012. [Persian] [Persian]
[23].            A. Zeinali and H. Bahrami, Sociology of Punishment. Khorsandi, 1396. [Persian]
[24].            M. Abdollahi and M. Rezvani, “Iran’s legal system and the issue of environmental policy,” Compr. portal Humanit., no. 64, 2012. [Persian]
[25].            M. Ardebili, General Criminal Law (Vol. 1), Mizan. Mizan, 2014. [Persian]
Iranian journal of Ecohydrology
Volume 7, Issue 3
October 2020
Pages 791-799

Files

History

  • Receive Date: 03 April 2020
  • Revise Date: 25 August 2020
  • Accept Date: 25 August 2020

Share

How to cite

Statistics