azim sohrabi; parvin Dinani; hussein alkajbaf; soheila kosha
Abstract
The government is responsible for its act and omission of act about the environmental pollution. Judicial and legal rules such as rules of "Use your own property in such a manner as ...
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The government is responsible for its act and omission of act about the environmental pollution. Judicial and legal rules such as rules of "Use your own property in such a manner as not to injure to another", "to be the cause or occasion of ", the regulations inserted in the international documents such as Article 8 of The Universal Declaration of Human Rights, Article 21 of Rio Declaration and Clause 3 of Article 2 of the International Covenant on Civil and Political Rights confirm that people suffered from environmental pollution must be compensated. One of the effective solutions for compensation is, resorting victims to their respective state courts and filing legal claims against the responsible government. Typically, the defendant governments cite the principle of judicial immunity to get rid of compensation. To withdraw the immunity, the courts must refer to international rules, especially, Article 12 of Convention on Jurisdictional Immunity and their Property, and render judgment in favor of those affected.
