Shirin Shirazian Articles List

Open Access Article

1 - Necessity of Implementing Precautionary Principles in Environmental Protection
Shirin Shirazian Flora Heidari Mehdi Heidari

10.22034/jest.2019.26005.3494

Abstract Undertaking precautionary means to avoid adverse impact of environmental activities about whose probability of occurrence lacks scientific certainty have found a profound position within international environmental law, this is generally referred to as precaut More

Abstract Undertaking precautionary means to avoid adverse impact of environmental activities about whose probability of occurrence lacks scientific certainty have found a profound position within international environmental law, this is generally referred to as precautionary principle. Since international community is always seeking solutions to protect environment, the precautionary principle has been emphasized as one of the fundamental principles of international law in numerous documents including hard law and soft law. According to the light of the precautionary principle, even in cases where any definitive scientific reason indicating harmfulness of environmental activities is yet to be found, it is still necessary to undertake precautionary practices by the best technology to reduce potential risks affecting the environment and activities that have potentially adverse effects should be reduced. Results of the present research indicate that the precautionary principle is engaged with numerous legal issues as it suffers from non-uniform implementation and lack of agreement on the concept of scientific uncertainty. To cope with this challenge, it is necessary to start with presenting a comprehensive definition of precautionary principle based on consultation in a document called convention-framework where generalities of the topic are discussed, followed by coming to an agreement on details and expressing possible disagreements such as implantation of the precautionary principle and formulating future agreements based on the principles and objectives defined in the convention to form future documents, generally referred to as protocols along with taking advantages of technical consultation with environmental experts to assess local environment Manuscript profile

Open Access Article

2 - Explaining and Review of the Environmental Regulatory in the Light of Social and Public Law
Shirin Shirazian sobhan tayebi Hediehsadat Mirtorabi

10.30495/jest.2020.23942.3304

Environmental regulation is one of the most important subset of social regulation.  The regulatory is a framework for the implementation of the rules adopted the community and guaranteed to be the framework on the basis of legal standards. For example, a community More

Environmental regulation is one of the most important subset of social regulation.  The regulatory is a framework for the implementation of the rules adopted the community and guaranteed to be the framework on the basis of legal standards. For example, a community may decide that one of its collective goals is to sustain the quality of its waterways. It might achieve this by promulgating a binding legal rule prohibiting any person from dumping waste exceeding a specified quantity into its public waterways, and imposing a financial penalty on any person who violates this rule. However, the same collective goal might also be achieved by imposing a system of tradeable permits that allows certain amounts of wastes to be dumped into public waterways upon payment of a specified sum.This research is based on library studies and descriptive analytical method and a new approach is sighted.Purpose of this study, is to explain the role of environmental regulation as a facilitator of the administrative structure in good condition along with social interaction. Also, is considered explaining the importance of regulation and rule-making.Regulation is including important social standards and strong enforcement of legal obligations in the community. The fundamental standards, is consistency in the field of public law and seems important approach is environmental Protection and Citizens adherence to environmental obligations. Manuscript profile

Open Access Article

3 - The Role of Legal and Criminal Safeguards in Supporting Private Urban Green Space
shirin shirazian mohammad shahpari

10.30495/jest.2019.39309.4469

The context and purpose of laws and regulations has always been one of the most important and effective tools of governments to preserve the fundamental values of society; Thus, since the 1972 Stockholm Conference, environmental values have been defined as one of th More

The context and purpose of laws and regulations has always been one of the most important and effective tools of governments to preserve the fundamental values of society; Thus, since the 1972 Stockholm Conference, environmental values have been defined as one of the fundamental values of human society. All countries are required to develop safeguards to protect the environment. One of the important components of the environment is vegetation, which is known in cities as urban green space. In Iran, several environmental laws have been developed at various levels, including legal, criminal, administrative and regulations. Therefore, laws and regulations are set and developed as tools of urban decision-making structure in order to protect and preserve these spaces in order to achieve the goals of urban sustainability and environmental justice.The research method in this article is descriptive-analytical which has been tried to collect laws, regulations related to the preservation and development of urban green space and also to identify challenges, gaps and shortcomings in the implementation and legal maintenance and development of urban green spaces and its privacy, take action. One of the most important laws in the field of urban green space is the bill on protection and expansion of green space in cities (approved in 1980) and the law amending the law on protection and expansion of green space in cities (approved in 2009). In order to preserve and develop urban green spaces, these laws have resorted to some legal and more criminal enforcement guarantees.The results of this study indicate that the laws and regulations related to green space in Iran are old and have many gaps and criticisms and in some cases it seems that it cannot meet the support needs as well as the development and maintenance of urban green space. Manuscript profile

Open Access Article

4 - Legal Tools to Resolve Biosafety Challenges of Transgenic Products in the Light of International Environmental Law
elahe Soleymani Murche Khurti Shirin Shirazian Maryam Afshari

Considering the global spread of production and consumption of transgenic products and due to the importance of taking required measures and having necessary regulations for safely use of these products and to avoid potential dangers to the environment and their health, More

Considering the global spread of production and consumption of transgenic products and due to the importance of taking required measures and having necessary regulations for safely use of these products and to avoid potential dangers to the environment and their health, it is very critical for each country to codify laws and regulations on biosafety. Thus, it is essential to make, approve and implement proper laws and regulations at the national level. The present study reviewed biosafety laws and regulations in Iran and their shortcomings as well as biosafety laws of 10 countries from Europe, Asia, America and Oceania. Except for World Trade Organization and Nagoya-Kuala Lumpur Supplementary Protocol, Iran has acceded to all related protocols and regulations. Moreover, Biosafety National Law, Paragraph (b) of Executive Regulations of Article (7) of the Biosafety Law and executive instructions of Ministry of Agriculture, Ministry of Health and Medical Education and Department of Environment have been ratified in Iran. The studies show that the text of Biosafety National Law has some shortcomings and as a result, executive regulations and instructions of competent executive organizations have many problems. Therefore, in this study, Iran’s Biosafety National Law and related regulations were reviewed and compared with the text of Cartagena Protocol on Biosafety and also biosafety laws in 10 countries from four different continents with different viewpoints (from Asia: China, Japan, India; from Europe: European Union, Germany and Spain; from America: Brazil, Argentina, Canada and America; from Oceania: Australia). The countries are or are not parties to the Cartagena Protocol and are active in production, release and consumption of transgenic products. In doing so, the study has tried to define strengths and weaknesses of Biosafety National Law and related instructions and develop a proper framework for it. Manuscript profile

Open Access Article

5 - Different Approaches for the Implementation of International Environmental Law in the Domestic Law of selected Countries with a review of the Iranian Legal System
azam parandeh motlagh shirin shirazian ali zare

10.30495/jest.2023.55548.5196

The enforcement of international environmental law in various legal systems is one of the most up-to-date issues of The enforcement of international environmental law in various legal systems is one of the most up-to-date contemporary international law issues. In this More

The enforcement of international environmental law in various legal systems is one of the most up-to-date issues of The enforcement of international environmental law in various legal systems is one of the most up-to-date contemporary international law issues. In this regard, Article 9 of the Iranian Civil Code has provided a solution for implementing international treaties. However, in addition to its interpretation, it could not be applied to other international law sources such as international customary law or decisions of international courts. This article aims to examine the different approaches to implementing international environmental law in the domestic law of countries with a view of the Iranian legal system. Based on an analytical approach and an inductive approach, this study also considers possible legislative solutions for effective international environmental law enforcement in Iran. Investigations and studies of this research have shown that there are credible legal capacities in the Iranian legal system for effective enforcement of international law despite legal uncertainties and enforcement constraints. At the same time, it is necessary to enact laws and regulations to clearly explain the relationship between Iranian domestic law and international customary and contractual obligations.   Manuscript profile

Open Access Article

6 - International Responsibility Foreign Investors with respect to the Environment
Mojtaba Ansarian shirin shiraziam

10.30495/jest.2019.36469.4307

The domain of investment law and environmental law is similar. In fact, if there is not environment and its components insist of air, soil and water there will not be any investment, production, accumulation of capital and consumption. Therefore, everyone with every rol More

The domain of investment law and environmental law is similar. In fact, if there is not environment and its components insist of air, soil and water there will not be any investment, production, accumulation of capital and consumption. Therefore, everyone with every role should act in the process of maintaining and upbringing the environment, in which the role of the prominent investors is highlighted. Today, it has been specified by all countries that their entry into the competitive international trade market and the promotion of the welfare of society and security in all its dimensions require the attraction of foreign investment.Many countries that want to attract more and more capital into their country are adopting laws which encourages investors to be present in that country, on the other hand, will end the environment in the long run. Transnational corporations also tend to invest in country that are more environmentally easier. In the meantime, it should be seen with a prospect that the only major inflow of capital would not be generating public benefit but the presence of capital with proper and management consumption and the protection of the environment, which fulfills national and global interests.The question of present research is how can besides governments and international organizations, be considered internationally responsibility such as foreign investors in the event of environmental degradation. It is assumed that in the event of environmental degradation, even the consent country investable would be an international liability to investor.  Manuscript profile

Open Access Article

7 - Problems and challenges facing the development of international environmental
Alireza Javadi Seyed-Abbas Poorhashemi Shirin Shirazian

10.22034/jest.2018.12583

International environmental law as a branch of public international law is developed through the codification and implementation of legally binding and non-binding rules developed by the international community in recent decades in terms of content, form and structure. More

International environmental law as a branch of public international law is developed through the codification and implementation of legally binding and non-binding rules developed by the international community in recent decades in terms of content, form and structure. However, despite international efforts to protect the environment, environmental challenges not only still exist, but also it has increased significantly in many areas. In fact, today's environmental concerns and threats are beyond the predictions of the experts and the scientists at the Stockholm 1972 of the First International Conference on humans and the environment. Ozone depletion, climate change, air pollution, water and soil, loss of biodiversity, deforestation and desertification are the most important problems confronting humanity today. This research by adopting a critical approach aims to study in addition to existing capacity for the development of international environmental law, to deal with the obstacles and shortcomings and to review legal and administrative gaps, provide recommendations such as internationalization of environmental protection, substantive review and structural review in these matters. Manuscript profile

Open Access Article

8 - Study of the Convention Concerning the Protection of World Cultural and Natural Heritage of 1972, and a selection of some natural monuments specimens of Iran and their adaptation to the criteria of the
Farhad Dabiri Hassan Ali Laghaee Shirin Shirazian

Biological diversity in Iran is in a way that it has formed exclusive and exceptional ecosystem which require protection as national heritage same as the way the global society has protected such phenomena as common mankind heritage through the Convention on Protection More

Biological diversity in Iran is in a way that it has formed exclusive and exceptional ecosystem which require protection as national heritage same as the way the global society has protected such phenomena as common mankind heritage through the Convention on Protection of Cultural and Natural Heritage (1972) in accordance with the selective-value based criteria implementing frameworks on the basis of originality, integrity and management in order to effectively protect such phenomenon at the present time and in the future. Based on the studies, Iran has registered 17 global cultural heritage since 1975 (including  Persepolis,Tchogha Zanbil, Takht-e soleyman, Bam and its cultural landscape, Soltaniyeh and Shahr-i-sokhta) whereas it has not registered any natural heritage yet and it has merely presented some suggestions to UNESCO. In this regard, based on the library studies, interviews with experts and study of the upstream documents and existing regulations, certain areas of four regions which have been mostly recognized as habitats are more qualified due to their conformity with the selective-value based criteria. Therefore, from 274 existing regions, 7 regions i.e.the National Park of Golestan, Kavir, Preserved district of Arasbaran, Genu, Arjan and Parishan, Touran National Park, Preservation and shelter for the wildlife, Miankaleh wildlife shelter were selected and after comparative study with the UNESCO Convention criteria, finally Golestan and Kavir Nationals Parks were suggested as natural phenomena for the registration in the list of the Convention's Natural heritage Manuscript profile

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