Methods of Compensating Victims for Damages Resulting from Failure to Prevent Air Pollution in Iranian Law

Abstract

Air pollution is among the most significant environmental challenges of the present era, exerting profound impacts on human health, ecosystems, and public order. Given its detrimental effects, the fundamental question is what methods have been provided in the Iranian legal system to compensate victims for damages arising from the failure to prevent air pollution, and to what extent these mechanisms are effective. Using a descriptive–analytical method and documentary study, the present article examines the existing legal institutions for compensating damages. The findings indicate that under Iranian law, methods such as restitution to the original state, monetary compensation, elimination of the source of harm, commitment to refrain from pollution, liability insurance, and the establishment of compensation funds have been sporadically addressed. However, the lack of legislative coherence, insufficient enforcement guarantees, and the absence of effective supportive institutions have limited the efficiency of these mechanisms. To improve the environmental compensation system, it is recommended to draft a comprehensive Environmental Civil Liability Law, make liability insurance mandatory, and establish a National Air Pollution Damage Compensation Fund with sustainable financial resources. Such measures can, in addition to providing effective support to victims, play a preventive role against the continuation of pollution.