نوع مقاله : مقاله پژوهشی
کارشناس ارشد حقوق بین الملل، دانشکده حقوق، دانشگاه آزاد اسلامی واحد دماوند، دماوند، ایران
عنوان مقاله [English]
The increase in the existence and entry of environmental damage has led to the growth and development of technologies and the dynamics of industries in the biosphere in recent decades. Since environmental elements are interdependent in the life cycle and survival, there is always an unquestionable need to maintain it. Because the environment has a cross-border guarantee and does not depend on the borders of a country. Therefore, creating any crisis and pollution, causing damage to the environment and ignoring small environmental hazards, will cause a large-scale crisis at the international and global levels. In this regard, when the damage caused by transboundary pollution is inflicted on governments, as soon as the responsibility is recognized, the claim for damages occurs and compensation, which can be important through litigation. However, not only governments are affected by cross-border pollution, but also private individuals are affected. The aim of this study is to identify the system of liability governing cross-border damages in order to explain the process of how to claim damages directly by private individuals and to clarify the problems facing it. This study is based on the findings that although private individuals can seek redress in the courts where cross-border damages occur, they face problems with issues such as setting a certain ceiling for compensation funds, setting a deadline for claiming compensation. The source of the compensation is unclear and, consequently, the regime's actions are related to the damages.