Explaining the Risk and Responsibility Framework in the Light of International Environmental Law

Subject Areas : environmental low

niloufar nezhad esmaeili ¹ ( MA International Law, Islamic Azad University, Damavand, Iran. )*Corresponding Author) )
Sobhan Tayebi ² ( PhD in international environmental law, Islamic Azad University lecturer, Research Sciences Unit, Tehran, Iran. )

Received: 2018-07-02 Accepted : 2018-10-03 Published : 2022-12-22

Keywords: risk theory, environmental damage, International Responsibility, International Environmental law,

Abstract :

Today, protecting the environment is considered an important issue for human society. In this regard, any type of destruction in small dimensions may become large and irreparable. Since the damage caused to the environment is not visible at the beginning and its destructive effects become visible over time, this issue should be considered transboundary and any environmental destruction entails transboundary and international responsibility. The current research is based on library studies and data collection in the framework of descriptive material collection and analysis. In this regard, the opinion on the topic of environmental hazards and human destruction of responsibility based on the theories of error and risk is defined and raised. The importance of this issue and the existing evidence led us to explain the framework of risk and responsibility in the light of international environmental law during the upcoming research and to the question of whether the explanation of the framework of risk and responsibility in international environmental law is related to the extent of governments' adherence to Will international environmental treaties make a difference? With this hypothesis, it seems that the explanation of the framework of sovereignty in the light of the procedure of following and adhering to international obligations is a guarantee of the implementation of international treaties.

References:

1. Nejad Ismail, Nilofar, 2016, explaining the framework of risk and responsibility in the light of international environmental law, master's thesis of international law under the guidance of Dr. Sobhan Tayibi, Damavand Azad University, page 16-14. (In Persian)


2. Lavie, Jean-Marc, 2014, explaining the position of the precautionary principle in the framework of international environmental law, translated by Sobhan Tayyibi, published in the book of essays on new approaches in the light of international environmental law, Khorsandi Publications, page 117-129. (In Persian)


3. Mousavi, Fazullah, (2012), International Environmental Law, Mizan Publishing, page 46-49. (In Persian)


4. Mousavi, Fazlullah, (2012), International Environmental Law, Mizan Publishing, page 88-93. (In Persian)


5. Fafadar, Ali, (2016), the commitment and responsibility of governments in respecting the environment, Environmental Science and Technology Quarterly, Volume 9, Number 1, Pages 101-110. (In Persian)


6. Arashpour, Ali Reza, 2012, International Responsibility for Violation of Environmental Obligations, Jungle Publications, page 35-38. (In Persian)


7. Di Mento, Josep, 2015, Global Environment and International Law, translated by Sobhan Tayibi, Majd Publications, page 64-66. (In Persian)


8. Maleki Asal, Pegah, 2015, changing the approach of governments in fulfilling their obligations arising from the covenant of economic, social and cultural rights in the light of the seven dimensions of the doctrine of human security, a collection of articles on new approaches in the light of international environmental law, edited by: Sobhan Tayibi Khorsandi Publications, page 263-267. (In Persian)


9. Nejad Ismail, Nilofar, 2016, explaining the framework of risk and responsibility in the light of international environmental law, master's thesis in international law under the guidance of Dr. Sobhan Tayibi, Damavand Azad University, page 29-33. (In Persian)


10. Rad Fekri, M., (2018), international responsibility of governments for transboundary damages caused by dangerous activities, University of Tehran, page 21-24. (In Persian)


11. Nejad Ismail, Nilufar, 2016, explaining the framework of risk and responsibility in the light of international environmental law, master's thesis in international law under the guidance of Dr. Sobhan Tayibi, Damavand Azad University, page 39-41. (In Persian)


12. Rad Fekri, M., (2008), international responsibility of governments for transboundary damages caused by dangerous activities, University of Tehran, page 33-34. (In Persian)


13. Nejad Ismail, Nilufar, 2016, explaining the framework of risk and responsibility in the light of international environmental law, master's thesis in international law under the guidance of Dr. Sobhan Tayibi, Damavand Azad University, page 47-49. (In Persian)


14. Helali, Leila, Seddigian, Abdullah, 2014, a comparative look at civil liability for environmental damages, Master's Thesis of Private Law, Islamic Azad University, Meybod Unit, page 67-64. (In Persian)


15. Tayibi, Sobhan and Shirazian, Shirin, 2017, an introduction to the international responsibility of governments due to environmental damage, Khorsandi Publications, in print, page 17-20. (In Persian)


16. Porfashmi, Seyyed Abbas and Arghand Bahare, 2013, International Environmental Law, Judge Publications, page 211-213. (In Persian)


17. Namamian, Peyman, 2015, environmental protection based on nuclear rights, a collection of articles on modern approaches in the light of international environmental law, edited by: Sobhan Tayibi, Khorsandi Publications, page 581-585. (In Persian)


18. Tayibi, Sabahan, Zarrabi, Mahnaz, (2014), An Introduction to International Environmental Law, Mizan Publishing, page 137-134. (In Persian)


19. Ebrahim Gol, Alireza, (2014), International Responsibility of Governments, Shahr Danesh Publishing House, pages 27-29. (In Persian)