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Open Access Article
1 - Environmental Challenges of Waste in International Law
زینب پورخاقان شاهرضایی Zahra sadat HosseiniToday, environmental risks caused by the mismanagement of waste are recognized as a fundamental issue worldwide. With the rapid advancement of technology, waste and its management have emerged as crucial topics in the field of international environmental laws. These law MoreToday, environmental risks caused by the mismanagement of waste are recognized as a fundamental issue worldwide. With the rapid advancement of technology, waste and its management have emerged as crucial topics in the field of international environmental laws. These laws go beyond the protection of nature and the environment; rather, they constitute a comprehensive framework of norms, institutions, and methods specifically crafted for waste management, taking into account diverse global dimensions. This study uses an analytical-descriptive method to explore the environmental challenges associated with waste in international law. The research methodology is library-based, relying on the review of existing studies, international laws, and regulations about waste. The research findings emphasize that pollution resulting from waste is a primary global concern, leading to the approval of numerous international documents addressing environmental challenges posed by waste at both domestic and international levels. These documents establish environmental responsibilities for governments. Additionally, the advancement of technology and increase in the production of electronic wastes have introduced new challenges in environmental protection for countries, with recycling standing out as a crucial factor in waste management. The issue of waste is not limited to the internal laws and policies of individual countries; it necessitates global cooperation. It is recommended that relevant organizations take proactive measures to establish a unified procedure in waste management, backed by robust executive guarantees. Manuscript profile -
Open Access Article
2 - The role of the environmental treaties’ Conference of the parties in the development of international environmental law
Seyed-Abbas Poorhashemi Azam Parandeh MotlaghOne of the most important international structures that play a major role in the development of international environmental law is the Conference of the parties in the environmental treaties. However, the Conference of the Parties’ status and legitimacy for enviro MoreOne of the most important international structures that play a major role in the development of international environmental law is the Conference of the parties in the environmental treaties. However, the Conference of the Parties’ status and legitimacy for environmental regulations, developing and restricting the parties’ obligations and requirements which contained in the environmental treaties and implementation of the treaties by its decisions and resolutions should be addressed. This study is based on analysis of legal inductive. According to this method, some environmental treaties from the 1970s until today which contained the Conference of the Parties’ structure has been collected, analyzed and evaluated. After studying the opportunities and legal capacity of the "Conference of the Parties" for development of international environmental law, the result of this study showed that the environmental treaties’ Conference of the Parties have faced some gaps and limitation. In this perspective, the paper makes some recommendation to sole these gaps and limitations. Manuscript profile -
Open Access Article
3 - Analyzing the Nature of States Obligations in the Paris agreement 2015 on climate change
Seyed-Abbas Poorhashemi mojtaba sobhaninia seyed ali hosseini azadOne of the most important international instruments to deal with climate change is the Paris Agreement 2015. For over three decades, states have begun long-term talks and negotiations on climate change, which is always on the international agenda. One reason for not con MoreOne of the most important international instruments to deal with climate change is the Paris Agreement 2015. For over three decades, states have begun long-term talks and negotiations on climate change, which is always on the international agenda. One reason for not concluding an international instrument is that states are not willing to adopt binding commitments on mitigating Green House Gas emission. The failed experience of the Kyoto Protocol 1997 reflects this approach. The piece analyzes the nature of states obligations in the Paris agreement on climate change. This research is based on a legal inductive analysis method. According to this method, the Paris Agreement and some related legal instruments on climate change have been analyzed and assessed. This article while identifies various defining elements of legal character of the Paris Agreement, illustrates that even though the Paris Agreement is an “International Treaty within the meaning of the Vienna Convention on the Law of Treaties” which contains a mix of hard, soft and non-obligations is an important step forward to address climate change, but still has legal and normative inefficiencies. Manuscript profile -
Open Access Article
4 - Explaining and Review of the Environmental Regulatory in the Light of Social and Public Law
Shirin Shirazian sobhan tayebi Hediehsadat MirtorabiEnvironmental 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 MoreEnvironmental 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
5 - With a Glance to the Implementation of Environmental Treaties
Seyed Abbas Poorhashemi mojtaba sobhaniniaOne of the legal problems of the implementation of international law in general and international environmental law in particular in Iran is the lack of a clear legal definition of the place of international treaties in the legal system. International treaties are norms MoreOne of the legal problems of the implementation of international law in general and international environmental law in particular in Iran is the lack of a clear legal definition of the place of international treaties in the legal system. International treaties are norms that have no place in the hierarchy of different legal systems (based on the relationship between domestic and international law) and in some countries are superior to ordinary laws, in others they are considered the breadth of ordinary laws, and in others it is considered a lower position than the normal law. In the Iranian legal system, due to the ambiguity in the laws regarding the status of the treaty, each of the three mentioned theories has been supported by some jurists. The result of the present article, by examining and analyzing the practical procedures adopted by the three powers of the Islamic Republic of Iran, is that the Iranian legal system has chosen the approach of equality of international treaty law (and not the entire international legal system) with the domestic legal system. Manuscript profile -
Open Access Article
6 - The Importance of Access to Clean Environmental Energy in Reducing Violence against women
Valiollah Nasiri Hossein Sorayyai Azar Hojjat SalimyThe connection between fossil fuel production and uses and violence against local women, and the escalation of violence against women due to climate change and also violence against women who defend the importance of environment protection and critcise the uses of fossi MoreThe connection between fossil fuel production and uses and violence against local women, and the escalation of violence against women due to climate change and also violence against women who defend the importance of environment protection and critcise the uses of fossil fuels are issues that highlight the importance of access to clean energy in reducing violence against women. Given the neglect, denial and insufficient attention to the impact of energy on the escalation of violence against women by researchers and policymakers, this study is a descriptive-analytical research using international documents and established views of the international institutions intends to discuss the relationship between fossil energy uses and production and violence against women to suggest a way to a common future. Research findings show that women's access to the clean energy is very effective in reducing violence against them, while the issue of violence against women criticizing fossil fuel uses is a new challenge to international law and women's rights that needs to be addressed. Manuscript profile -
Open Access Article
7 - Analysis of Legal Considerations and Challenges of Wastewater Reuse Management
Hossein Shakeri Mostafa Tizghadam Zahra ShakeriWastewater reuse is considered as one of the important tools in the field of water resources management and environmental protection, the need to use it with increasing population is becoming more prominent day by day. This can be examined from different aspects and in MoreWastewater reuse is considered as one of the important tools in the field of water resources management and environmental protection, the need to use it with increasing population is becoming more prominent day by day. This can be examined from different aspects and in addition to health and technical aspects, it also has various legal aspects that have direct and indirect effects on wastewater management and complicate the presentation of the pattern of use of these renewable resources. The main issue is that wastewater reuse, which may pose risks to public health and the environment, is based on legal principles? And if the reuse leads to hazard to people and the environment, how and on what basis is the relevant civil liability explained? Is this liability based on fault? Or should modern systems use pure or absolute responsibility in this regard? The current study tries to examine some of the most important jurisprudential and legal considerations arising from wastewater reuse with an analytical-descriptive method and based on the library process, and finally concludes that the reuse should be done with the principle of precaution and harmlessness. But if it leads to damages, the fault-based system cannot compensate for the damages due to the difficulties it has in the proof process. Therefore, the use of pure / absolute liability system and the promotion of specialized insurance in this regard are recommended. Manuscript profile -
Open Access Article
8 - Explanation the legal status and managerial governing the production and consumption of pesticides and chemical fertilizers
Mohammad Mobinifar Naser Ghasemi Reza ArjmandiToday, the use of pesticides somehow indicates just some of deterioration of agricultural standards. Due to the effects of the pesticide contaminants in animal and human life, our country's commitment to the implementation of related rules and regulations, Improve the q MoreToday, the use of pesticides somehow indicates just some of deterioration of agricultural standards. Due to the effects of the pesticide contaminants in animal and human life, our country's commitment to the implementation of related rules and regulations, Improve the quality and utilization of pesticides is much more accurate. In this Regard, the role of organizations such as the judiciary, the Environmental Protection Agency, Ministry of Health, Agricultural Jihad, Plant Protection Organization, it is clear in the formulation and implementation of rules and regulations related to pesticides. In this Study, Explanation the legal status and managerial governing the production and consumption of pesticides and chemical fertilizers, is considered legal aspects, environmental and executive management. Ahead cross-sectional study based on the principles and methods, and this research has been done on the basis of library studies and official statistics. According to the study about the legal status and managerial governing the production and consumption of pesticides and chemical fertilizers, legal, environmental, managerial and administrative aspects are mentioned.In the Light of what has been reached by this study, Exploration of Rules and regulations related to pesticides in Iran, as well as Effective approaches and strategies in the light of the existing procedures to control pests and pesticides has been Studied. Results, Shows the limitation rules in the excretion of toxins pests in Iran and it does seems that, these rules must be complemented through effective framework that can better model to be implemented. Manuscript profile -
Open Access Article
9 - Obstacles and Challenges of Implementing New Procedures of International Environmental Law in Iranian Law
Fatemeh Sadat Ojaghzadeh Mohammadi Ali mashhadi Alireza ArashpoorThere are many international treaties and modern procedures in environmental protection which are subject tothe modern legal principles and rules that can contribute greatly to the expansion of International Environmental Laws. The procedure of most modern treaties has MoreThere are many international treaties and modern procedures in environmental protection which are subject tothe modern legal principles and rules that can contribute greatly to the expansion of International Environmental Laws. The procedure of most modern treaties has been based on compensation for environmental damages in a way that even the treaties and conventions that did not mention compensation for damages in the past were amended in the following editions and sessions. Iran, likemany other countries, is a member of Protocols, Conventions, and Environmental Treaties such as Climate Change Convention, Ramsar Convention, Vienna Convention for the Protection of the Ozone Layer, Basel Convention, Cartagena Protocol, Convention on the Prevention of Marine Pollution, but it (Iran) has not been very successful in Environmental Laws and implementation of Legal Practices in Environmental Protection in such a way that there is not much obligation regarding Environmental Protection and in cases where the government itself is the damaging party (side) to the environment, Real Entities or Private Non-Governmental Organization are in no position to defend or make Environmental Complaints against the Government. Also, Iran’s Legal Policy for the Environmental Compensation of environmental damagesis based on the Theory of Fault and practically there are a lot of problems for the injured party to prove the fault. Therefore, the primary reason for the difficultiesof implementing the Modern Practices of International Environmental Law in Iranian Law is due to the infirmity andapproval of Environmental Laws as well as the lack of obligation of the Government and Institutions to implement the international convention. Manuscript profile -
Open Access Article
10 - Environmental Impact of Climate Change on National Security
Mohammad Jalali Maryam Afshari zeinab mazinanianAlthough the effects of climate change are threatening to the living conditions of a large part of the world, different groups of activists have failed to improve the climate regime. It is natural that those countries which are more vulnerable to climate change should f MoreAlthough the effects of climate change are threatening to the living conditions of a large part of the world, different groups of activists have failed to improve the climate regime. It is natural that those countries which are more vulnerable to climate change should find some ways to improve the climate by using both legal methods and other less formal methods such as identifying climate change as a security and environmental problem. Climate change and global warming are regarded as two factors, which play a significant role in threatening human security since food shortages, water scarcity, environmental degradation, poverty, disease outbreaks, and mass migration can separately lead to national security, which will undermine and contribute to the failed government scenario. In the domestic and global arena, the security of the modern government becomes meaningful with respect to superior power, and the society is considered insecure even if it faces with a lack of threats. In the modern national security discourse, we see an increase in security software, in addition to its hardware. In the wake of the development of the concept of security, especially the development of a range of national security threats, critics have suggested that civilian threats such as economic and environmental threats can, in turn, be as serious as military threats. Therefore, these threats should be considered as security threats. This article tries to provide an analysis of the impact of environmental dimensions of climate change on national security from the perspective of international environmental law, using an interdisciplinary approach. Manuscript profile -
Open Access Article
11 - 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 zareThe 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 MoreThe 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
12 - International Responsibility Foreign Investors with respect to the Environment
Mojtaba Ansarian shirin shiraziamThe 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 MoreThe 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
13 - The Relationship between Environmental Law and the Flood Crisis: A Case Study of the Environmental Legislative Approach of the Islamic Republic of Iran
Ali mashhadi Ali BayatiAfter the flood, especially in recent years, the key question is what the relationship between environmental law system and the flood crisis?. In this regard, environmental law has been enshrined in the pre, before and after the flood, with numerous rules, laws and regu MoreAfter the flood, especially in recent years, the key question is what the relationship between environmental law system and the flood crisis?. In this regard, environmental law has been enshrined in the pre, before and after the flood, with numerous rules, laws and regulations. The importance of analyzing the relationship between floods and environmental rights goes back to the impact that environmental laws and regulations and natural resources have on each other. On the one hand, ignoring and violating preventive laws and regulations of the environment and natural resources can lead to the occurrence of this crisis. On the other hand, flooding can have a adverse effect on the environment.In Iranian environmental law, despite the adoption of numerous laws and regulations to prevent flooding, numerous deficiencies can be investigated. These deficiencies can be classified into three categories: normative, institutional, and behavioral. In this paper, the author use an analytical-descriptive approach, library resources, laws and regulations and procedures. While presenting the existing environmental law system, the environmental legal approach of the Islamic Republic of Iran during the three periods before, during and after the flood to be examined.The basic presumption of this article in response to the main question is that in order to prevent and deal with the flood crisis, there are three categories of legal deficiencies mentioned, especially in the field of laws and regulations, and environmental laws and regulations related to floods need to be amended. Manuscript profile -
Open Access Article
14 - Islamshahr Town Environmental-Legal Problems’ Evaluation
Naser Ghasemi Vali ollah mohammadiIntroduction: Migration, population increase and industrializing of mentioned county (Islam Shahr)without noticing to the environmental capability and evaluation, caused environmental pollution andsocial raucousness in this city. In addition, by the population increase, MoreIntroduction: Migration, population increase and industrializing of mentioned county (Islam Shahr)without noticing to the environmental capability and evaluation, caused environmental pollution andsocial raucousness in this city. In addition, by the population increase, water consumption increases aswell. So we will face decreasing of the agricultural water and farms dehydration in one hand, andincreasing the pollution of fresh water and decreasing county’s freshwater because of the sewage andits discharge to underground water table on the other hand.Material & Method: Environmental rights are important tools for supervision, management andcontinuous development. These rights are affective in policy determining and environmentalprotection affairs and rational /continuous using of natural environment. We can move based on publicopinions and governmental support alongside with internal rules and statutes and bureaucracy revisionto increase the quality of environmental management. In addition, constraints and prohibitions stateinstructions issues and pollutant units’ penalties and other rules can be used as management tools tohelp environmental retain and pollutant decrease.Result & Discussion: Industrializing of the county causes population urbanization increasing, naturalrecourses damage, rising consumption rate change and environmental pollution as well as losing lifequality and misbalancing the county’s environment. As the population has increased from 1000 peoplein 1961 to 500,000 persons at present, it created the environment such problems. Manuscript profile -
Open Access Article
15 - Legal instruments dealing for scientific uncertainty in precautionary principle from the perspective of International Environment Law
Seyed Abbas Poorhashemi Azam Parandeh MotlaghConsidering the importance of the precautionary principle for development of international environmental law and taking into account that the "scientific uncertainty", is a problematic of the precautionary principle, this article tries to analyze the scientific uncertai MoreConsidering the importance of the precautionary principle for development of international environmental law and taking into account that the "scientific uncertainty", is a problematic of the precautionary principle, this article tries to analyze the scientific uncertainties in the international environmental law’s context. In fact, one of the problems of implementing of the precautionary principle in the international environmental law the ambiguity on the issue of "scientific uncertainty" mentioned in many legal texts, both binding and non-binding. The purpose of this study is to describe the position and the role of scientific uncertainty in the realization of precautionary principle. This study explains the nature of legal gaps in the implementation of the precautionary principle in international environmental law. There are several legal methods and administrative procedures to dealing with the "scientific uncertainty", such as framework-protocol approach, scientific advisory boards, management approaches, prior informed consent, assessment and monitoring of environmental effects, temporary measures and so on. We can considerer these legal approaches and techniques in many environmental treaties, especially after the Rio Declaration 1992. Moreover, in the case study, the legal instruments dealing for scientific uncertainty in precautionary principle from the perspective of International Environment in the Convention on Climate Change in 1992 is analyzed. In this research, after studying the methods and techniques for dealing with scientific uncertainty, the suitable method to implement the precautionary principle in international environmental law has been analyzed. Due to legal problems for the implementation of the precautionary principle in international environmental law, still there is no consensus and common procedure for implementing these methods. However, this study suggests some solutions such as the practice of Governments, implementing the national system and development of environmental treaties based on the implementation of the precautionary principle. Manuscript profile -
Open Access Article
16 - Investigating the effectiveness of laws and regulations governing air pollution in Iran
Daryoush Karimi Negin Mousavi MadaniAir pollution in the national and international levels, have adverse effects on human and natural environment. Technology development and urbanization, consequently, have led to increase of a wide variety of pollutants in the air. Being harmful to public health and the MoreAir pollution in the national and international levels, have adverse effects on human and natural environment. Technology development and urbanization, consequently, have led to increase of a wide variety of pollutants in the air. Being harmful to public health and the environment, they have raised the concerns of authorities to take specific measures to prevent contamination of air and environmental degradation. In recent years, in Iran especially in major cities, such pollution has increased significantly and it has caused irreparable damage to the health of individuals and the quality of properties. It seems that laws and regulations are somewhat sufficient to meet air pollution in Iran. In fact the problem of continuity of air pollution is not due to laws and regulations, but the law enforcers who are not doing their duties properly are the main problem. On the other hand, since the possibility of compensation for damage caused by air pollution, because of its nature and characteristic, is somehow low, much of this damage remains uncompensated. However, there are still some solutions to effectiveness of laws and regulations for air pollution, at the local level. Thus thispaper attempts to addressair pollution in metropolises of Iran in terms of effective laws and regulations and also to introduce applicable methods in this regard. Manuscript profile -
Open Access Article
17 - Analysis of Normative Hierarchy in International Environmental Law
Mojtaba Sobhaninia Mohsen Abdollahi Seyed Abbas PoorhashemiBackground and Aim: Although international law mostly composed of identical norms, it contains some hierarchical elements. At the top of this hierarchy are the Jus Cogens norms, which have a higher legal quality than other norms. On the other hand, customary rules of in MoreBackground and Aim: Although international law mostly composed of identical norms, it contains some hierarchical elements. At the top of this hierarchy are the Jus Cogens norms, which have a higher legal quality than other norms. On the other hand, customary rules of international law also have a special place among legal norms, because customary rules of international law are generally binding on all states and have erga omnes effect and consequently limit the sovereignty of states. Accordingly, the international community is transitioning from state-centered community to human-centered community in which the element of the will of states as the factor in shaping the rules of international law is modified and international principles and values, including the protection of the global environment, play a greater role in gradual development of international law.Methods: This research is based on analytical-descriptive legal inductive method.Findings: The present study seeks to develop a normative hierarchical theory in the realm of international environmental law in order to provide a solution to address the shortcomings of the international environmental law system. The findings of this study show that the normative hierarchy in international environmental law, through the fundamental values of the international community, which appear in the form of customary rules and Jus Cogens norms of international law, provide a framework for environmental protection and resolving normative conflicts in international litigation. Results: The conclusion of the present article is that some principles of international environmental law, such as the principle of no-harm, which requires due diligence, have been recognized as a customary rule in the realm of international environmental law. On the other hand, it seems that despite the fact that some environmental norms have the capacity to become Jus Cogens norms, they have not yet been able to achieve that status. Manuscript profile -
Open Access Article
18 - Geopolitical and Environmental Study of the Pollutions in the Persian Gulf and the Gulf of Oman
sona ghasemi Seyed Abbas Poorhashemi ali zare parvin farshchi Davood Hermidas BavandThe sources of pollutions in the Persian Gulf and the Gulf of Oman are very widespread and various. Oil and atmospheric pollutions, ships traffic, discovering activities through the seabed, waste offloading; municipal waste disposal, constructing artificial islands, dis MoreThe sources of pollutions in the Persian Gulf and the Gulf of Oman are very widespread and various. Oil and atmospheric pollutions, ships traffic, discovering activities through the seabed, waste offloading; municipal waste disposal, constructing artificial islands, discharging saline wastewater of desalination machines, etc. are the most important recognized sources of pollution in the region. However, the dominating legal system of the present common and conventional law cannot confront these various and widespread pollutions. Political challenges, regional competitions, and legal gaps (regional or international) have led to non-cooperation in confronting sea pollution. The present study, using an analytical and inductive method, focused on this issue. The results showed that the gaps in combating the Persian Gulf pollution have impacted on the behavior of political stakeholders and that the international cooperation is a must for filling the legal and administrative gaps. Manuscript profile -
Open Access Article
19 - Explaining the Risk and Responsibility Framework in the Light of International Environmental Law
niloufar nezhad esmaeili Sobhan TayebiToday, protecting the environment is considered an important issue for human society. In this regard, any type of destruction in small dimensions may become large and irreparable. Since the damage caused to the environment is not visible at the beginning and its destruc MoreToday, protecting the environment is considered an important issue for human society. In this regard, any type of destruction in small dimensions may become large and irreparable. Since the damage caused to the environment is not visible at the beginning and its destructive effects become visible over time, this issue should be considered transboundary and any environmental destruction entails transboundary and international responsibility. The current research is based on library studies and data collection in the framework of descriptive material collection and analysis. In this regard, the opinion on the topic of environmental hazards and human destruction of responsibility based on the theories of error and risk is defined and raised. The importance of this issue and the existing evidence led us to explain the framework of risk and responsibility in the light of international environmental law during the upcoming research and to the question of whether the explanation of the framework of risk and responsibility in international environmental law is related to the extent of governments' adherence to Will international environmental treaties make a difference? With this hypothesis, it seems that the explanation of the framework of sovereignty in the light of the procedure of following and adhering to international obligations is a guarantee of the implementation of international treaties. Manuscript profile -
Open Access Article
20 - Environmental Rule of Law" and its role in the Sustainable Development Goals, Emphasizing on the International Union for Conservation of Nature on the World Declaration on the Environmental
Seyed Abbas Poorhashemi Seyed Behrad MirfakhraeiBackground and Aim": Environmental Rule of Law" is an emerging concept which has been raised as a legal instrument by the United Nations Environment Program (UNEP) for the first time and it has been able to work in order to extent the environmental protection and to add MoreBackground and Aim": Environmental Rule of Law" is an emerging concept which has been raised as a legal instrument by the United Nations Environment Program (UNEP) for the first time and it has been able to work in order to extent the environmental protection and to address the environmental challenges. This concept is generally derived from the notion of the Rule of law that derives from domestic law to international law. International Union for Conservation of Nature (IUCN) at the First World Congress on Environmental Law has developed a Declaration to better understand the concept of 13 principles that can play a significant role in the goals of sustainable development; some of the principles referred to others. In fact, the emphasis is on the fundamental principles of environmental law, and new principles have been introduced, which can be considered through the pursuit of sustainable development goals. Also, for the implementation of this concept, administrative and educational solutions are addressed in this Declaration. This paper examines the "Environmental Rule of law" and its role in sustainable development goals by emphasizing on the International Union for Conservation of Nature on the World Declaration on the Environmental. In addition, the aim of this article is to provide some solutions to the legal and executive challenges in this matter. Methods: In this research, information has been collected by observing a library according to documents, texts, articles, etc. And in terms of the type of data, it is considered a qualitative method. Findings: The concept of the rule of law especially environmental issues at the level of international law, as a unifying solution to provide the progress of sustainable development. Discussion and Conclusion: The principles considered for the mentioned concept of environmental rule of law; it is important to lead to the reduction of adverse effects, reduce conflicts over resources and facilitate the goals of the third generation of human rights as a legal solution to achieve the goals of sustainable development and justice. Manuscript profile -
Open Access Article
21 - Identification of Jus Cogens Norms of International Law with a Glance to the Possibility of Emergence of Jus Cogens Norms of International Environmental Law
mojtaba sobhaninia Mohsen Abdollahi Abbas PoorhashemiJus Cogens norms of international law are among the key concepts cotibuting the development of international law. These norms stand out among other international norms because they uphold the fundamental values of the international community; contrary to mutual internat MoreJus Cogens norms of international law are among the key concepts cotibuting the development of international law. These norms stand out among other international norms because they uphold the fundamental values of the international community; contrary to mutual international obligations, these norms are owed by and in the interest of all states. Although there is no uncertainty regarding the concept of Jus Cogens norms in the international law literature, the identification parameters and contents of such norms have always been subject to debate. Therefore, it is both controversial and difficult to explain the nature of Jus Cogens norms and develop an effective solution to identify them. This descriptive-analytical desk research seeks to answer this question: What criteria could be helpful in identifying such norms against the backdrop of international law? And consequently which Jus Cogens norms belong to the realm of international environmental law. To shed light on how to correctly identify Jus Cogens norms, this study proposes and examines two criteria: the 'rule of general international law" and the "acceptance and recognition". The results show that some principles of international environmental law, despite the fact that have the potential to become Jus Cogens norms, they have not been able to achieve that status, yet. Manuscript profile -
Open Access Article
22 - position of environmental law international law of war
Parvin Farshji Farhad Dabiri Majid Abbaspour Mehrdad Nazemi Melina EtehadImportance and key role of environment in humanlife is undeniable.While war as one of the destructive human activitieshas caused environmental destruction and in factthis is the most important pillar of human survivalhas allocated minimal importance in internationallaw. MoreImportance and key role of environment in humanlife is undeniable.While war as one of the destructive human activitieshas caused environmental destruction and in factthis is the most important pillar of human survivalhas allocated minimal importance in internationallaw. As we know techniques have employed duringwar can have destructive environmental impact,hence during war the environmental protection isas a part of international law, although environmentalprotection law still are not comprehensive butimproving position of the environment represents inthe international law of war. There are sporadic rulesabout environmental protection in international lawof war during war. The most important of theserules be observed in (1977). Geneva and ENMODconvention.These treaties are contain generalrules in the field of environmental protection duringwar such as ban of using tools and methods thatmakes extensive and severe and lasting effecton the environment. Finally, with revising rulesrelated to the environmental protection duringwar can be concluded that these rules are notenough for protecting the most important elementof human survival also need stronger enforcement.In addition, considering this fact when these rulescome in to force that major power in the world isinterested to them. We have to find way in orderto reduce political influence in the internationallaw about environmental protection and all thecountries in the world obey it. Manuscript profile -
Open Access Article
23 - Review the status of environmental education in Iran and comparison with other countries
Zahra Hemmati Seyyed Mohammad ShobeiriIn recent years, environmental education has become a priority growing locally, nationally and internationally. United Nations decade of education for sustainable development (2005-2014), invites all member states to attempt to increase the commitment for educate people MoreIn recent years, environmental education has become a priority growing locally, nationally and internationally. United Nations decade of education for sustainable development (2005-2014), invites all member states to attempt to increase the commitment for educate people, about the need to establish a sustainable future and create capable citizens to perform its. Therefore, the environment as well as one of the main components of sustainable development requires training. Since from 1970s, many meetings and conferences been held in this area, some of which are quite important due to influence legislation, design and implementation of environmental education programs throughout the world. Many countries have done appropriate efforts in this regard, although some of these countries are in the early stages. This study is a documentary research review status of environmental education in Iran in comparison with other countries. First, legislation and development programs were considered in order to investigate the status of environmental education in national laws and then, programs and activities related to environmental education by various organizations were studied. Finally, it was concluded that environmental education in Iran is in the beginning of the path, although limited efforts, but effective have been done in this area. Also some recommendations are provided to improve position of Iran in terms of environmental education. Manuscript profile -
Open Access Article
24 - Climate Change, Human Rights and the need to Establish the International Court of the Environmet
Azade Rastegar Ali MashhadiAbstract: In recent decades the phenomenon of climate change is one of the important concerns of world community and some measures have been taken so far. Among these measures one can refer to ratification of United Nations Framework Convention on Climate Change (UNFCC MoreAbstract: In recent decades the phenomenon of climate change is one of the important concerns of world community and some measures have been taken so far. Among these measures one can refer to ratification of United Nations Framework Convention on Climate Change (UNFCCC) in May 9.1992, Kyoto Protocol in 1997 and Paris agreement in 2014. The main purpose of the present paper is to examine the problems and damages inflicted on earth as a result of climate changes and the necessity of establishing an international court for protecting eco system. Taking into consideration the fact that most of conventions and treaties on environment are not obligatory the question raised her is "how far the International Court for Environment (ICE) can be effective and efficient in preventing damage to environment when a dispute arises between the performance of the parties to the convention and the rules governing the convention. The presumption of the article is that the establishment of this special court for environment can help to settle disputes in the field of environment in the same way the International Court of Justice could act in peaceful settlement of disputes. The methodology used in the paper is library source based study as well as taking the help of international environment law documents including United Nations Environment Program (UNEP) documents. The finding of the study shows that the establishment of International Court for Environment can play an effective role in protecting the environment in future. Manuscript profile -
Open Access Article
25 - Citizens’ Educational Needs in an at-Risk Environment in Trinidad, West Indies
Cherisse Oliver Wayne G. Ganpat Wendy-Ann P. Isaac -
Open Access Article
26 - The Impact of Companies Environmental Law on Earnings Smoothing
Vahid Bekhradi NasabThe decisions of managers and investors are in the direction of increasing returns and wealth, because in economics, with the assumption of the logic of the behavior of individuals, everyone is supposed to seek to maximize their wealth. So managers are no exception to t MoreThe decisions of managers and investors are in the direction of increasing returns and wealth, because in economics, with the assumption of the logic of the behavior of individuals, everyone is supposed to seek to maximize their wealth. So managers are no exception to this rule. Now, given their freedom of action in applying accounting procedures, managers want to know how these factors affect the accounting procedures of their wealth, so that they will use their profits to their advantage in order to maximize their wealth. May increase. Increasing the wealth of managers can be accompanied by a decrease in the wealth of other groups, including shareholders. The rate of profit smoothing and social accountability criteria is that how important these criteria are to investors when making economic decisions. At present, the growing flow of environmental law and social responsibility literature has begun to explore the relationship between environmental law and the functioning of financial markets. Therefore, in the present study, after the complete and comprehensive definition of environmental Law and accruals, an attempt has been made to examine the effect of environmental law on the smoothing of earnings as one of the dimensions of profit smoothing. The statistical population of this study includes all companies accepted in Tehran Stock Exchange during the period of 2009-2020. The sample size is based on a systematic elimination of 164 companies. Evidence suggests that environmental Law do not have an impact on the smoothing of earnings. Manuscript profile -
Open Access Article
27 - Interaction and Contrast of International Environmental Law and International Nuclear Energy Law in Nuclear Accident in Fukushima Power Plant
Hojjat Salimi TurkamaniAlthough nowadays, nuclear energy has significant role in energy secure at international level, the risk of nuclear accidents due to inefficient nuclear safety and its negative environmental impact is one of the major challenges facing the development of nuclear energy. MoreAlthough nowadays, nuclear energy has significant role in energy secure at international level, the risk of nuclear accidents due to inefficient nuclear safety and its negative environmental impact is one of the major challenges facing the development of nuclear energy. The main issue is this weather international nuclear law is compatible with international environment law in the context of safety regime? and what mechanisms observe on respect of fundamental environment norms in nuclear activities? Assessing Provisions of international documents on nuclear energy implies attention of nuclear safety regime to the principles of international environmental law. However, in spite of promotion of nuclear safety regime, occurrence of nuclear accident in Fukushima power plant in 2011 in Japan showed that by now international environmental law and international nuclear energy law are not factually compatible in approaching to sustainable development. Actualizing of environmental principals included in international nuclear law and technology transferring from developed countries to developing counties based on article 4 of NPT could be positive step in declining of negative environmental effects of probable nuclear accidents. Manuscript profile -
Open Access Article
28 - The strategy of the rule of justice in climate change and the guarantee of sustainable human security with an emphasis on the principle of shared but different responsibilities.
Hadi Masoudifar Alireza Arashpoor Masoud Raei DehaghiAmong the general principles of law and progressive scientific rules, the rule of fairness has a prominent value and position, and since this rule has considerable flexibility, it has the ability to be applied in dealing with new issues and challenges of public internat MoreAmong the general principles of law and progressive scientific rules, the rule of fairness has a prominent value and position, and since this rule has considerable flexibility, it has the ability to be applied in dealing with new issues and challenges of public international law. Is. Therefore, while defining the rule of fairness, it is necessary to evaluate the position of this rule in the implementation of international agreements related to the field of international environmental law, and also to analyze the need to protect the environment based on the requirements of public opinion in jurisprudence. Accordingly, in this study, which was conducted inductively and using library studies, while evaluating the application of the rule of justice in ensuring human security, it was found that the rule of justice through the principle of "joint but different responsibility" in the Paris Climate Change Conference Has been exploited. On the other hand, it has been shown that the rule of fairness in international environmental law has led to the introduction of the term "climate justice". Manuscript profile -
Open Access Article
29 - Evaluating waste management practices of street vendors in the informal settlement of Cape Town: a case study of Khayelitsha
Benett Siyabonga Madonsela Thabang Maphanga
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