Development of the principle of prevention in the climate change legal system

Subject Areas : Environmental pollutions (water, soil and air)

mona davanlou ¹ , Seyed Abbas Poor Hashemi ² , Ali Zare ³

1 - University Lecturer, Islamic Azad University, Electronic Campus. Department of Law Tehran, Iran. *(Corresponding Author)
2 - Assistant professor and Head of the Canadian Institute of International Law, Toronto, Canada
3 - Assistant professor, Department of law, science and research branch. Islamic Azad University, Tehran, Iran.

Received: 2023-02-01 Accepted : 2023-09-09 Published : 2024-09-22

Keywords: climate change, principle of prevention, International Court of Justice, International Law Commission.,

Abstract :

In recent years, the regulations regarding climate change have been reflected at the international level with a deterrent approach. This approach is presented in the international environmental law in the form of a principle called the principle of prevention, which means the prevention of environmental damages and injuries before they occur. Considering the importance of the issue of climate change, this research tries to analyze the obligations of governments in preventing these changes through the review of international documents governing the legal regime of climate change. Therefore, an attempt has been made to summarize the latest achievements of international law, especially the approach of the International Court of Justice and the International Law Commission, based on the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement.

the present research written based on library studies and descriptive-analytical method and based on review findings.

Undoubtedly, climate change is considered a challenge and a global and transboundary environmental issue. In the legal regime related to it, a preventive approach can be understood in the body of obligations to reduce and deal with climate change and its effects.

The legal regime of climate change has stipulated the obligation of states based on the principle of prevention. This issue indicates the attention and understanding of the international community on the importance of taking preventive measures. The need to guarantee implementation in fulfilling climate change obligation also guarantees the effectiveness of preventative approach.

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