Irregularities and Weaknesses of the Clean Air Act Compared to the Prevention of Air Pollution Act

After half a century from the first provisions on air pollution of Iranian cities in the Amendment of Some Provisions and Addendum of New Provisions to the Municipal Act of 1967 and on the basis of experiences gained from 22-year enforcement of the Prevention of Air Pollution Act of 1995, the Irania...

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Main Author: Abdolmajid Soudmandi
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2020-09-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Subjects:
Online Access:https://qjpl.atu.ac.ir/article_12223_f1ded7dc76c7d23a2f207081d204f1c7.pdf
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author Abdolmajid Soudmandi
author_facet Abdolmajid Soudmandi
author_sort Abdolmajid Soudmandi
collection DOAJ
description After half a century from the first provisions on air pollution of Iranian cities in the Amendment of Some Provisions and Addendum of New Provisions to the Municipal Act of 1967 and on the basis of experiences gained from 22-year enforcement of the Prevention of Air Pollution Act of 1995, the Iranian legislative and executive branches passed the Clean Air Act in 2017.Although the Clean Air Act contains many innovations and strengths, unfortunately, this Act has also some weaknesses and irregularities which failure to eliminate them would make its implementation hard and its success impossible. Some of the most important irregularities and weaknesses of this Act that will be examined in this paper include the following: reducing the speed of the detection of emergency situations of air pollution and taking necessary measures in these situations; conflicts and overlapping between some of its Provisions, underestimating the social, economic and political consequences of combating air pollution in some cases; failure to grant the general right of public interest litigation to the Department of Environment; numerous irregularities in criminal provisions, notably the lack of prediction of prompt judicial proceedings and non-use of imprisonment punishment, and finally; ambiguity in some Provisions of the said Act.
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spelling doaj.art-8f7bedd45ea146138b332b85cd8d5b472024-01-10T10:51:58ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162020-09-01226814117010.22054/qjpl.2021.1222312223Irregularities and Weaknesses of the Clean Air Act Compared to the Prevention of Air Pollution ActAbdolmajid Soudmandi0Assistant Professor, Department of Law, Payame Noor University, Tehran, IranAfter half a century from the first provisions on air pollution of Iranian cities in the Amendment of Some Provisions and Addendum of New Provisions to the Municipal Act of 1967 and on the basis of experiences gained from 22-year enforcement of the Prevention of Air Pollution Act of 1995, the Iranian legislative and executive branches passed the Clean Air Act in 2017.Although the Clean Air Act contains many innovations and strengths, unfortunately, this Act has also some weaknesses and irregularities which failure to eliminate them would make its implementation hard and its success impossible. Some of the most important irregularities and weaknesses of this Act that will be examined in this paper include the following: reducing the speed of the detection of emergency situations of air pollution and taking necessary measures in these situations; conflicts and overlapping between some of its Provisions, underestimating the social, economic and political consequences of combating air pollution in some cases; failure to grant the general right of public interest litigation to the Department of Environment; numerous irregularities in criminal provisions, notably the lack of prediction of prompt judicial proceedings and non-use of imprisonment punishment, and finally; ambiguity in some Provisions of the said Act.https://qjpl.atu.ac.ir/article_12223_f1ded7dc76c7d23a2f207081d204f1c7.pdfclean air actprevention of air pollution actair pollutiondepartment of environmentpolluting resources
spellingShingle Abdolmajid Soudmandi
Irregularities and Weaknesses of the Clean Air Act Compared to the Prevention of Air Pollution Act
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
clean air act
prevention of air pollution act
air pollution
department of environment
polluting resources
title Irregularities and Weaknesses of the Clean Air Act Compared to the Prevention of Air Pollution Act
title_full Irregularities and Weaknesses of the Clean Air Act Compared to the Prevention of Air Pollution Act
title_fullStr Irregularities and Weaknesses of the Clean Air Act Compared to the Prevention of Air Pollution Act
title_full_unstemmed Irregularities and Weaknesses of the Clean Air Act Compared to the Prevention of Air Pollution Act
title_short Irregularities and Weaknesses of the Clean Air Act Compared to the Prevention of Air Pollution Act
title_sort irregularities and weaknesses of the clean air act compared to the prevention of air pollution act
topic clean air act
prevention of air pollution act
air pollution
department of environment
polluting resources
url https://qjpl.atu.ac.ir/article_12223_f1ded7dc76c7d23a2f207081d204f1c7.pdf
work_keys_str_mv AT abdolmajidsoudmandi irregularitiesandweaknessesofthecleanairactcomparedtothepreventionofairpollutionact