From Contract to Constitution: Judicial Innovation in the Iran’s Khersan 3 Dam Environmental Case

Dal Contratto alla Costituzione: L'Innovazione Giudiziaria nel Caso Ambientale della Diga di Khersan 3 in Iran

Abstract

The Khersan 3 Dam project illustrates the tension between Iranian state infrastructure and environmental protection. Despite legal framework deficiencies, the resulting litigation marks a shift in environmental adjudication. In a precedent-setting move, the court annulled the project’s contract for non-compliance with Environmental Impact Assessment (EIA) requirements. This judicial oversight signals a transition toward stronger environmental governance, reflecting a growing judicial readiness to scrutinize state actions. By prioritizing environmental justice, the judgment aligns with global trends regarding the constitutionalisation of environmental rights and underscores the judiciary’s evolving role in ecological oversight.

Keywords: Environmental Law; Judicial Innovation; Khersan 3 Dam; Environmental Justice