| چکیده انگلیسی مقاله |
The right to development and healthy environment has emerged as a fundamental human right in the third generation of human rights. Since the concept of development at the national level is realized by policy-making in order to exercise the right of permanent sovereignty of nations over the resources under their rule, a balance must be made between the right to utilize the natural resources and the environment and their conservation and restoration. Therefore it should be noted that the realization of fundamental human rights to enjoy the clean environment and development with criteria of sustainability requires effective conservation of soil and water. Despite the fact that Iranian legal system encompass several codes in the field of environmental law and natural resources, there are many challenges in the content of the laws, implementation and monitoring of rules in both theoretical and practical dimensions. Conflict between public and private rights, absolute and unlimited ownership and the right of benefit, as well as incompatibility between legal and managerial principles are some of these problems. These conflicts become more controversial when they are particularly related to soil and water conservation. For example, one of these problems is the conflicts between ownership rights over the water and soil with public rights and common good. Based on the ownership right, the owners consider themselves entitled to any encroachment on their property and the legislature usually recognizes this right and privilege for them. Along with the changes in Iran's social relations and also as a result of changes in production relations, the manner of ownership and methods of utilization of natural resources, especially water and soil intensified with the implementation of land reform rules. Over-exploitation of soil capacity and renewable groundwater and surface water has caused a sharp decline in the level of these resources which have led to environmental risks such as soil erosion and salinization, land subsidence, creating gaps in the surface, causes damage to infrastructure and so on. What is more important is the direct impact of these aggressions on extracting as much profit as possible from water and soil resources. Changes in land ownership and water exploitation have led to increased utilization of these resources. The right to use is a concept that is different from ownership, but in most cases, such a distinction is not found in law. This research through a descriptive-analytical method has examined the challenges of the Iranian legal system related to water and soil conservation, while reviewing applicable laws and introducing its shortcomings and gaps, to provide legal and managerial solutions to address inefficiencies. It has been concluded that the method of exploiting water and soil resources, as well as the ease of violating laws and regulations and also the lack of up-to-date laws in this field, have caused water resources to be plundered and consequently soil resources undergoes undesirable changes too. |
