Remedial measures to strengthen environmental legislation in Iraq, Iran, and the UAE.

Abstract

The purpose of this research is to show the effectiveness of the measures used in strengthening environmental legislation in Iraq, UAE and Iran. This is done by examining the legal framework around financial and non-financial penalties and how well these can deter, compensate for harm and promote environmental sustainability. The research is descriptive analytical approach and comparative analysis, the research was conducted on the constitutional text, environmental law and implementing regulations in the three countries. The aim is to evaluate the adequacy and appropriateness of the penalties to the nature of contemporary environmental damage. The research culminates with a number of important findings, including that the three systems share similar concepts and principles, including polluter liability, but vary in how strictly they apply the concept and in their effectiveness. The UAE system is known for its strictness in fines, and the complete institutional framework; and the Iranian system is characterized by the dominance of criminal penalties, and the explicit nature of the constitutional element of environmental protection. But the Iraqi system is hampered by narrow definition of fines, lack of enforcement and several authorities with jurisdiction. The research also revealed that the implementation of sanctions is not just about their degree of severity, but also about their combination with effective monitoring and control systems, and flexible environmental responsibility system that takes into account the nature of environmental damage and its effective remediation. This necessitates developing legislative and institutional frameworks that promote sustainable development and safeguard the rights of present and future generations....