University of Tehran Law Quarterly 2588-5618 49 2 2019 06 22 DEVELOPMENT RISK IN ENVIRONMENTAL DAMAGE (EMPHASIZING ON THE EUROPEAN DIRECTIVE 2004/35/CE AND THE APPROACH OF ITS MEMBER STATES) DEVELOPMENT RISK IN ENVIRONMENTAL DAMAGE (EMPHASIZING ON THE EUROPEAN DIRECTIVE 2004/35/CE AND THE APPROACH OF ITS MEMBER STATES) 349 368 72033 10.22059/jlq.2019.251492.1006992 FA Mohsen Najafikhah Assistant Professor, Member of the Faculty of the Ministry of Health and Medical Education Hamed Malekshahi PHD Student of Private Law, Higher Education and Research Institute, Management and Planning Journal Article 2018 02 18 Environmental "Development risk" is the potential risk due to the industrial and economic operation of humans in the environment. This may be discovered by science and such as genetic risky variations in plants that perform with biotechnology; Article 8.4(b) of Directive 2004/35/CE, assigns civil liability for development risk to member states guidelines. The operator may refer to the state of the art and development risk defense to get rid of civil liability. It should be considered in the light of the precautionary principle, the principle of prevention and non-coverage, which is a characteristic of this kind of risk in the environment and his defense. Environmental "Development risk" is the potential risk due to the industrial and economic operation of humans in the environment. This may be discovered by science and such as genetic risky variations in plants that perform with biotechnology; Article 8.4(b) of Directive 2004/35/CE, assigns civil liability for development risk to member states guidelines. The operator may refer to the state of the art and development risk defense to get rid of civil liability. It should be considered in the light of the precautionary principle, the principle of prevention and non-coverage, which is a characteristic of this kind of risk in the environment and his defense. https://jlq.ut.ac.ir/article_72033_990d114b8368484f849d6a15750f8bd5.pdf