بومشناسی جنگلهای ایران (Oct 2024)
Identifying, Prioritizing, and Evaluating Mutual Relationships between the Principles of Civil Responsibility in the Rights of Forest Ecosystems
Abstract
Extended Abstract Background: In the third millennium, the consequences of human intervention in forest ecosystems have been revealed more than ever. Today, the protection of forest ecosystems is essential not only in our country but also for the entire world of humanity. This importance comes from the fact that human life is basically tied to forest ecosystems, and a healthy person cannot be imagined, except in clean and healthy forest ecosystems. An issue that has unfortunately been neglected with the departure of mankind from the path of balance and has been unwisely and shortsightedly forgotten with the expansion of the process of industrialization and the growth of human technology and knowledge. The damage posed to the forest ecosystem during the past decades is by no means comparable to the previous ones and has posed human society to destructive and fragile crises. Encroachment of government agencies on public property, arbitrary seizure of natural resources by various institutions, production of non-standard cars by government factories, failure of the Environmental Protection Organization to protect protected areas, and the like can be the subject of complaints and lawsuits of non-governmental organizations in the Court of Administrative Justice. This research aims to identify the principles of rights related to forest ecosystems using the Delphi method and interpretive structural modeling to answer the question about the relationships between these principles. Methods: The Interpretive Structural Modeling (ISM) method was used to identify the principles of ecological rights of forest organisms and stratify and interpret the relationships between indicators. As one of the system analysis methods, ISM is based on nonparametric methods and the frequency mode. The main principles of rights related to forest ecosystems were initially identified using the opinions of specialists and experts in this field and by reviewing the research conducted on environmental rights and forest ecosystems. The statistical population consisted of 40 experts in the field of law and advocacy. In the next step, the Delphi method was used to reach group consensus. To carry out this method, questionnaires in the form of a Likert scale were distributed among the statistical population on four occasions. In this questionnaire, the experts were asked to specify the importance and priority of each principle on a scale of 1-5 (not important to very important). In the next step, a questionnaire was distributed among the statistical population aiming at examining the mutual effects of the principles proposed in pairs, as well as the influence and effectiveness of these principles on each other. The mode of opinions was used to reach a consensus among the experts, and the Structural Self-Interaction Matrix (SSIM) was made from the results of the answers. After that, the final matrix of structured self-interaction was made using the mode of experts' responses. Then, the primary access matrix was obtained by transforming the SSIM into a two-valued matrix (0 and 1). After forming the initial access matrix, the final access matrix was formed by intervening transferability in the relationships between the variables. Thereafter, the indicators were ranked using the final access matrix by defining leading and last or accessible sets. After determining these sets, the indicators were ranked and the final matrix of the ISM diagram was drawn based on the determined levels. Finally, the MICMAC method was used to analyze the obstacles. Results: To analyze the indicators of civil responsibility in the rights of forest ecosystems, 18 out of 30 identified indicators were selected using the Delphi method and experts' opinions. The prioritization of civil responsibility indicators in the rights related to forest ecosystems according to the results of the Delphi questionnaires (second and third stages) showed that the least and utmost importance levels belonged to the principles of non-retroactivity and sustainable development, respectively. The selected indicators were the no-harm rule, the waste rule, the attribution rule, the theory of fault, the general rules of civil liability in accordance with Article 1 of the Civil Liability Law, and the principles of non-harmful use of land, prevention, sustainable development, commitment to Cooperation, information and assistance in environmental emergencies, duty and generality of protection of forest ecosystems, exploitation of forest ecosystems, sovereignty over natural resources, the necessity of protection, payment by the polluter, responsibilities Common but different, participation, dealing with environmental damage at the source, and common concern. The results showed that all indicators of civil responsibility in the rights related to forest ecosystems, except for the rule of waste (influence power 10) and the principle of payment by the polluter (influence power 16), possessed an influence power of 18 with the most effectiveness. The results of the final access matrix and the power of dependence (the effectiveness of each indicator on the other indicators) showed that all the indicators, except for the principles of sustainable development and governance over natural resources (power of dependence 16) had the power of dependence values of 18 and 17. Conclusion: The principles of civil responsibility in the rights related to forest ecosystems, including environmental rights, international environmental rights, and forest rights, can have mutual effects that affect the management of natural resources and the protection of forest ecosystems.
