The Role of Domestic Judicial Authorities in Recognition and Guarantee of Intergenerational Justice as an Essential Element of Sustainable Development

Subject Areas : environmental low

Tavakol habibzadeh ¹ , keivan eghbali ² , Amir panahandeh Somarin ³

1 - Associate Prof. of Department of Public law, Faculty of Islamic teachings and Law, Imam Sadegh University, Tehran, Iran. * (Corresponding Author)
2 - Phd in General International Law, Faculty of Law and Political Science, Allameh Tabatabaii University, Tehran, Iran, The Researcher in International Law and Human Right Group, The Public and international law Department of the Judiciary Research Institute.
3 - MA in Environmental Law, The Faculty of Law, Shahid Beheshti University, Tehran, Iran.

Received: 2021-01-17 Accepted : 2021-07-14 Published : 2023-03-21

Keywords: development, Sustainability, Environment, Intergenerational justice, Domestic judicial authorities,

Abstract :

In recent decades, growing inequality in the world and the worrying destruction of the environment have forced governments to reconsider the formulation and implementation of development plans. The outcome is the concept of sustainable development that entails a process in which desirability and available possibilities are not diminished over time and a kind of distributive justice requires a fair distribution of development opportunities between current and future generations as one of the most important development goals. Meanwhile, taking into acount that the judiciary is considered as the main guarantor of justice in any society, in this study, using a descriptive and analitical method, the role and the position of judiciary authorities in considering the necessity of the observance of intergenerational justice in the advancment any national or local development program and as a result the commitment to observe the considerations related to this dimension of justice is analized. In this regard, the review of judicial procedure in the courts of some countries indicates that these authorities can play a key role in recognising and ensuring justice between the present and future generations during the codification and the implementation of development plans, as the main goal of the sustainable development.

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