Study on the importance of the position of the environment and the Principle of Equity in determining the boundaries of land borders (Emphasis on the jurisprudence of the International Court of Justice)
Subject Areas :
environmental low
mirhasan riazi
1
,
Ali Faghih.habibi
2
,
Ali Mashhadi
3
,
Mansour Pournouri
4
1 - PhD, Department of Environmental Law, Faculty of Natural Resources and Environment, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 - Associate Professor, Department of Public Law, Islamic Azad University (South Tehran Branch), Tehran, Iran. *(Corresponding author)
3 - Doctor of International Law, Associate Professor and Faculty Member, Law, Qom University, Iran.
4 - PhD in International Law, Assistant Professor and Faculty Member, Islamic Azad University (Central Tehran Branch), Tehran, Iran.
Received: 2021-06-22
Accepted : 2021-08-09
Published : 2022-04-21
Keywords:
Judicial Procedure,
Land Border,
International Court of Justice,
Principle of Equity,
Environment,
Abstract :
Investigating the importance of the position of the environment and the principle of equity in determining the boundaries of land borders (Emphasis on the jurisprudence of the International Court of Justice)
The International Court of Justice, as the judicial body of the United Nations, has an irreplaceable role in determining the boundaries of land borders between countries. The Court does this with the tools at hand, that is, with respect for the stability of border and territorial treaties, the principle of legal possession and effective domination, and in this regard, its auxiliary tools are principles such as fairness and so on. It must be said; if in the past, the factor of force and power determined the boundaries, but today, the agreement determines the boundaries. Principles such as fairness, etc., all reflect the factor of agreement to determine the boundaries of land borders. In some cases; Some justifications have been raised by the parties to territorial and border disputes before the International Court of Justice, but the Court has not substantiated these justifications, and although in some cases, such as the environment, it has turned its attention to these documents, He has never considered them as a factor in determining the boundaries of land, and the issue of the environment is one of the unacceptable justifications for the acquisition of land ownership by the International Court of Justice. In this descriptive-analytical study, an attempt has been made to examine the importance of the status of the environment and the principle of fairness in determining the boundaries of land borders (with emphasis on the jurisprudence of the International Court of Justice).
References:
Prescott, Victor, & Gillian D Triggs. (2008) International Frontiers and Boundaries: Law, Politics and Geography, Martinus Nijhoff Publishers / Brill Academic Public.
Kaiyan Homi Kaikobad. (2007) Interpretation and Revision of International Boundary Decisions (Cambridge Studies in International and Comparative Law, Series Number 49), Cambridge University Press.
Grant, Thomas. (2015) Aggression against Ukraine: Territory, Responsibility, and International Law Hardcover, Palgrave Macmillan; 2015th edition.
Saberrad, Mohammad (2016), Rules for Determining Land Boundaries in International Judicial Opinions, PhD Research Project in Public International Law, Imam Reza University. (In Persian)
Agean Sea Continental Shelf Case, (Greece V. Turkey), Judgment of 19 December 1978.
Jafarivaldani, Asghar. (2000). Iran and International Law, Tehran: Pazineh Publications. (In Persian)
Drissdell, Alasdair; H. Blake, Gerald (1995), Political Geography of the Middle East and North Africa, Darreh (Mohajerani), Mir Haidar, Tehran: Ministry of Foreign Affairs Publications
North Sea Continental Shelf Cases, (Federal Republic of Germany / Denmark; Federal Republic of Germany / Netherlands), Judgment of 20 February 1969.
Case Concerning the Continental Shelf, (Tunisia / Libyan Arab Jamahiriya), Judgment of 24 February 1982.
Case Concerning Maritime Delimitation and Territorial Questions between Qatar and Bahrain, (Qatar V. Bahrain), Judgment of 16 March 2001.
Case Concerning the land and maritime boundary between Cameroon and Nigeria, JUDGMENT OF 11 JUNE 1998
Case Concerning the land and Maritime Boundary between Cameroon and Nigeria, (Cameroon V. Nigeria), Judgment of 10 October 2002.
Case Concerning Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea, (Nicaragua V. Honduras), Judgment of 8 October 2007
Tanaka, Yoshifumi. (2013) Reflections on the Territorial and Maritime Dispute between Nicaragua and Colombia before the International Court of Justice, Leiden Journal of International Law, Vol. 26, Issue. 4.
Territorial Sovereignty and Scope of the Dispute, (Eritrea /Yemen), 9 October 1998, RIAA, Vol. XXII.
Case Concerning the Continental Shelf, (Libyan Arab Jamahiriya / Malta), Judgment of 3 June 1985.
Case Concerning Maritime Delimitation in the Area between Greenland and Jan Mayen, (Denmark V. Norway), Judgment of 14 June 1993.
Territorial and Maritime Dispute, (Nicaragua V. Colombia), Judgment of 19 November 2012.
Case Concerning the Land, Island and Maritime Frontier Dispute, (El Salvador / Honduras),11 September 1992.
Shaw, Malcolm. N. (1996) The Herritage of States: The Principle of uti Possidetis Juris Today, British Yearbook of International Law, Vol. 67.
Case Concerning Pulp Mills on the River Uruguay, (Argentina V. Uruguay), Judgment of 20 April 2010.
Case Concerning Kasikili / Sedudu Island, (Botswana / Namibia), Judgment of 13 December 1999.
Karimi Niya, MohammadMahdi. (2000). The Position of Fairness in International Trade Law, Journal of Knowledge, No. 49. (In Persian)
The Honduras Borders Case, (Guatemala / Honduras), 23 January 1933, RIAA, Vol. 2.
Case Concerning the Frontier Dispute, (Burkina Faso / Republic of Mali), Judgment of 22 December 1986.
Case Concerning Sovereignty Over Pulau Ligitan and Pulau Sipadan, (Indonesia / Malaysia), Judgment of 17 December 2002.
_||_
Prescott, Victor, & Gillian D Triggs. (2008) International Frontiers and Boundaries: Law, Politics and Geography, Martinus Nijhoff Publishers / Brill Academic Public.
Kaiyan Homi Kaikobad. (2007) Interpretation and Revision of International Boundary Decisions (Cambridge Studies in International and Comparative Law, Series Number 49), Cambridge University Press.
Grant, Thomas. (2015) Aggression against Ukraine: Territory, Responsibility, and International Law Hardcover, Palgrave Macmillan; 2015th edition.
Saberrad, Mohammad (2016), Rules for Determining Land Boundaries in International Judicial Opinions, PhD Research Project in Public International Law, Imam Reza University. (In Persian)
Agean Sea Continental Shelf Case, (Greece V. Turkey), Judgment of 19 December 1978.
Jafarivaldani, Asghar. (2000). Iran and International Law, Tehran: Pazineh Publications. (In Persian)
Drissdell, Alasdair; H. Blake, Gerald (1995), Political Geography of the Middle East and North Africa, Darreh (Mohajerani), Mir Haidar, Tehran: Ministry of Foreign Affairs Publications
North Sea Continental Shelf Cases, (Federal Republic of Germany / Denmark; Federal Republic of Germany / Netherlands), Judgment of 20 February 1969.
Case Concerning the Continental Shelf, (Tunisia / Libyan Arab Jamahiriya), Judgment of 24 February 1982.
Case Concerning Maritime Delimitation and Territorial Questions between Qatar and Bahrain, (Qatar V. Bahrain), Judgment of 16 March 2001.
Case Concerning the land and maritime boundary between Cameroon and Nigeria, JUDGMENT OF 11 JUNE 1998
Case Concerning the land and Maritime Boundary between Cameroon and Nigeria, (Cameroon V. Nigeria), Judgment of 10 October 2002.
Case Concerning Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea, (Nicaragua V. Honduras), Judgment of 8 October 2007
Tanaka, Yoshifumi. (2013) Reflections on the Territorial and Maritime Dispute between Nicaragua and Colombia before the International Court of Justice, Leiden Journal of International Law, Vol. 26, Issue. 4.
Territorial Sovereignty and Scope of the Dispute, (Eritrea /Yemen), 9 October 1998, RIAA, Vol. XXII.
Case Concerning the Continental Shelf, (Libyan Arab Jamahiriya / Malta), Judgment of 3 June 1985.
Case Concerning Maritime Delimitation in the Area between Greenland and Jan Mayen, (Denmark V. Norway), Judgment of 14 June 1993.
Territorial and Maritime Dispute, (Nicaragua V. Colombia), Judgment of 19 November 2012.
Case Concerning the Land, Island and Maritime Frontier Dispute, (El Salvador / Honduras),11 September 1992.
Shaw, Malcolm. N. (1996) The Herritage of States: The Principle of uti Possidetis Juris Today, British Yearbook of International Law, Vol. 67.
Case Concerning Pulp Mills on the River Uruguay, (Argentina V. Uruguay), Judgment of 20 April 2010.
Case Concerning Kasikili / Sedudu Island, (Botswana / Namibia), Judgment of 13 December 1999.
Karimi Niya, MohammadMahdi. (2000). The Position of Fairness in International Trade Law, Journal of Knowledge, No. 49. (In Persian)
The Honduras Borders Case, (Guatemala / Honduras), 23 January 1933, RIAA, Vol. 2.
Case Concerning the Frontier Dispute, (Burkina Faso / Republic of Mali), Judgment of 22 December 1986.
Case Concerning Sovereignty Over Pulau Ligitan and Pulau Sipadan, (Indonesia / Malaysia), Judgment of 17 December 2002.