The impact of the propagation of territorial concept of the environment on the issues of international responsibility arising from breach of environmental obligations

Subject Areas : environmental low

afshin jafari ¹ , mahsa navvabifard ²

1 - Associate Professor, Payame Noor University, Tehran, Iran. *(Corresponding Author)
2 - Ph.D In Public International Law, Islamic Azad University, Isfahan. (Khorasgan)

Received: 2019-05-29 Accepted : 2021-05-17 Published : 2024-06-21

Keywords: Environmental Concept, International Responsibility, Environmental Obligations, Conceptualization of the Environment, Context of the Environment.,

Abstract :

The scope of the conceptual domain of the environment is very effective in determining the extent of international damage and liability arising from breach of treaty obligations or customary international environmental law. In other words, as the conceptual domain of the environment expands, and in addition to nature and its essential elements, including human cultural achievements and environmental sustainability, the scope of international responsibility of the state or of persons who violate customary or treaty regulations in the field of environment will increase. This paper deals with international environmental documents such as the Lugano Convention and the European Union Green documents, and the activities and functions of UNEP, and endorses the development of the concept of harmful environment to the international responsibility of governments in a descriptive-analytical manner, and concludes that the internationalization process The overwhelming environmental regulations have undergone relatively positive developments over time and over many ups and downs. But these developments have been very slow and time consuming, so perhaps not far from the reality if the process of change in this field has been much slower than in other areas of international law, and seems to be one of the main reasons why Compensation for environmental damages is often impossible to attribute. So, if environmental damage is proven and the detrimental factor is attributed to it, environmental compensation methods are different from the general methods of compensation in international law.

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