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
(PhD, Department of Environmental Law, Faculty of Natural Resources and Environment, Science and Research Branch, Islamic Azad University, Tehran, Iran.)
Ali
Faghih.habibi
2
(Associate Professor, Department of Public Law, Islamic Azad University (South Tehran Branch), Tehran, Iran. *(Corresponding author))
Ali
Mashhadi
3
(Doctor of International Law, Associate Professor and Faculty Member, Law, Qom University, Iran.)
Mansour
Pournouri
4
(PhD in International Law, Assistant Professor and Faculty Member, Islamic Azad University (Central Tehran Branch), Tehran, Iran.)
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).
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