Environmental Democracy; Participatory Approach to Respond to Environmental Harms

Document Type : Research Paper

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Abstract

The growing trend of environmental degradation and pollution suggests that in the interaction between the environment and development issues, governments have failed to protect the environment. Taking into account the current state of the environment and concerns about it, there is a growing effort to find solutions to protect the only we can live in. In this context, concepts and principles of environmental law are formed first in the international community and gradually found its place in the domestic law. Participation principle is one of the most important of these principles. Environmental scientists believe that given the contested nature of environmental issues, mainly due to differences in priorities, the best way of policymaking in the field of the environment is to develop and apply participatory models. Governments and citizens are the main actors in this area. Change in the management and policymaking ways on one hand, and change in the behavior and attitudes of people on the other hand, are compulsory for a fundamental evolution and move toward this problem solving. Nowadays, public participation in enforcing environmental rights has become an integral part of the environmental law and has its own requirements that are studied under the concept of “access rights”. Recognition of three pillars of participation principle and provide for their requirements is prerequisite for a coherent and efficient participatory criminal policy and in practice, has numerous results to proactive and reactive respond to environmental harm and environmental crimes.

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