Examining the principle of joint responsibility of ‎governments in international environmental law and its ‎relationship with the position of the rule of fairness in Iranian ‎law

Subject Areas :

Mir hasan riazi ‎ ¹ , Ali Faqih Habibi ² , Ali ‎ Mashhadi ³ , Mansour pour Nouri ⁴

1 - PhD student, Department of Environmental Law, Faculty of Natural Resources and Environment, Science and Research Unit, Islamic Azad University, Tehran, Iran
2 - PhD in Environmental Law, Associate Professor, Department of Public Law, Islamic Azad University (Tehran South Branch), Tehran, Iran,
3 - PhD in Public Law, Associate Professor of Law, Faculty of Law, Qom University, Iran
4 - Doctorate in International Law, Assistant Professor and Faculty Member, Islamic Azad University (Central Tehran Branch), Tehran, Iran

Received: 2023-09-17 Accepted : 2023-09-17 Published : 2023-01-21

Keywords: environment, International law, Iranian Law, rule of fairness,

Abstract :

The principle of common but distinct responsibilities as a very subtle technique has helped governments to come together to ratify several international environmental conventions and thus enforce the rule of law and develop international environmental law. The global desire for international cooperation in the direction of environmental protection has been specified in many binding and non-binding documents of international environmental law, which can be considered as the beginning of principle 24 of the Stockholm Declaration of 1972. Equity in jurisdictions subject to English Common Law refers to a set of general rules that "governe all laws" and "all civil laws derive from it" and form the foundation of the Common Law legal system. In this research, using the descriptive-analytical method, an attempt has been made to examine the principle of joint responsibility of governments in international environmental laws and its relationship with the position of the rule of equity in Iranian law. The basic question is that the principle of joint responsibility of governments in What is the relationship between international environmental laws and the principle of fairness, the resulting result indicates that fairness is not affected by any government law" and is everything, even beyond the law. Fairness allows the courts to act as they see fit; and apply justice in accordance with natural law Sometimes in the interpretation of the law, sometimes in filling the void of the law, and sometimes instead of the law, it is one of the examples and reflection of "just principles" and it is considered part of the rights at the decision-making level, and referring to it does not require the consent of the parties to the dispute.