Study compensation for environmental damage in the legal system of Iran and Türkiye

One of the fundamental rights of individuals is the right to use a healthy environment as an inseparable part of the necessities of human life. However, the destruction and destruction of the environment by natural and legal persons, as well as natural disasters, have made the full use of this right difficult. In the present era, environmental protection has become a global challenge to the extent that the United Nations has listed environmental security as one of the seven factors of human security. Therefore, determining the indicators of environmental damage has become an important matter in the legal system of each country; therefore, in the legal systems of Iran and Turkey, the issue of compensation for environmental damage is foreseen in general and specific laws. Despite similarities in both legal systems, including in the method of compensation for damage, they also differ in many ways. In the Iranian legal system, the basis for compensation for damage is the theory of fault based on general laws, while in Turkey, the theory of no fault is explicitly foreseen in the environmental law of this country. In addition, there is more attention to the green economy as a suitable solution for sustainable development in Turkey. Citizens and non-governmental organizations also play a more active role as environmental advocates in Turkey. In this article, an attempt has been made to examine the principles of civil liability and its compensation methods in both systems, using an analytical and descriptive method, while expressing generalities such as reviewing legislative policies.