List of Articles رویه‌ی قضایی

• Open Access Article
  • Abstract Page
  • Full-Text
  
  1 - The Place of the Precaution Principle in the International Law of the Sea (With Emphasis on Southern Bluefish case)
  ali sabernejad Morteza najafi asfad
  10.22034/jest.2020.33404.4109
  The precautionary principle plays a very important role in preventing the occurrence of environmental damage, and in order to achieve sustainable development, environmental policies must be based on the precautionary principle. This principle, along with other environme More

  The precautionary principle plays a very important role in preventing the occurrence of environmental damage, and in order to achieve sustainable development, environmental policies must be based on the precautionary principle. This principle, along with other environmental principles, acts as a golden rule to prevent environmental damage. The principle of this principle in the marine environment is to prevent "marine pollution" and to achieve the "Right to a Healthy Marine Environment". The jurisprudence of the International Court of the Law of the Sea has played a key role in identifying and illuminating the hidden angles of this principle in marine environmental law, which has been made clear in the case of the "Bluefin Tuna" and the International Court of Justice Maritime Law examines and analyzes how this principle is applied in the international law of the sea. The present article examines this principle in the law of the sea and the role of the International Court of the Law of the Sea in this regard. The findings of the article indicate that this principle plays an important role in international environmental law and the international law of the sea is no exception and international jurisprudence in the case. "Bluefin Tuna" has emphasized this important point. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  2 - 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)
  mirhasan riazi Ali Faghih.habibi Ali Mashhadi Mansour Pournouri
  10.22034/jest.2021.61098.5427
  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 t More

  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). Manuscript profile