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Open Access Article
1 - International responsibility in environmental low
Seyed Abbas Poor Hashemi Maryamalsadat MoosaviAccording to the international law of responsibility, a state whose acts or omissions are against the international regulations is obliged to redress the damages to the injured state or states. In fact, breach of any obligation in the international law incurs responsibi MoreAccording to the international law of responsibility, a state whose acts or omissions are against the international regulations is obliged to redress the damages to the injured state or states. In fact, breach of any obligation in the international law incurs responsibility. The most important point regarding the international environmental law is its different aspects and expansiveness of the issues specifically issues with exterritorial nature like borderline pollutions and international destructions. The world needs a serious cooperation at the time of tremendous and sudden problems regarding the international environmental issues. Even today, the world`s leaders have transferred the environmental issues from marginal and sidelong sections towards their main political agenda. On the other hand, the international law researchers have been dealing with creating the rules regarding states` responsibility and commitments, especially on accountability regarding destruction and borderline pollutions and meanwhile the states have been dealing with issue according to the responsibility system by expanding the international agreements with the purpose of preventing the activities obnoxious for the environment. On the other hand, establishing the international criminal court is one of the considerable international activities in criminal support of the environment. But despite the fact that the international responsibility has a considerable position in the international law, this issue has been vague in the international environmental law and redressing the damages; however in the recent years it has been developing Manuscript profile -
Open Access Article
2 - Legal Regime for Environmental Protection of International Watercourses by Emphasis on the Strait of Hormuz in Iran
Seyed Abbas Pourhashemi Akram Nemati Flora HeidariIn the view of geopolitics and international law, international watercoursesare very significant in international relations. So, the environment of thesewatercourses should be protected. Using available resources at internationalwatercourses and protecting their environ MoreIn the view of geopolitics and international law, international watercoursesare very significant in international relations. So, the environment of thesewatercourses should be protected. Using available resources at internationalwatercourses and protecting their environment are important issues ofmodern international law. Watercourses including lakes, rivers, andinternational straits are located among two or more countries. Internationalstraits are important components of international watercourses which arebasically used for commercial and military shipping not only by coastalstates but other countries. Therefore, legal status of the Strait of Hormuz asan international strait is affected by the law of international watercourses.So, in this paper, authors have studied on environmental protection ofinternational watercourses by emphasis on the Strait of Hormuz. By regardto strategic importance of the Strait of Hormuz for Iran, and its geopoliticalrole, in first part of this document, Possibility of blocking the Strait ofHormuz has been deliberated, and in second part, it has discussed aboutenvironmental protection of the Strait of Hormuz by considering soft andhard law. Manuscript profile -
Open Access Article
3 - mplementation of the Precautionary Principlein International Environmental Law
Seyed Abbas Poorhashemi Ali ZareInternational environmental law as a branch of public international law, above all, is based on the pre-emptive rights and caution. From the perspective of international environmental law,the formulation, adoption and implementation of environmental rules and regulation MoreInternational environmental law as a branch of public international law, above all, is based on the pre-emptive rights and caution. From the perspective of international environmental law,the formulation, adoption and implementation of environmental rules and regulations, intended to protect the global environment with an emphasis on the precautionary approach. Therefore, the international community has been trying to find the solution to protect the environment and prevent environmental damage causing from industrialization and economic growth. In this context, the precautionary principle is one of the basic principles of international environmental law that has been emphasized by number of legally binding and non-binding documents. However, implementation of this principle has always been faced with technical difficulties and legal problems. This study aims to investigate the legal basis of this principle, to show some of the obstacles and possible solutions to remedy legal gaps arising from implementation of the precautionary principle Manuscript profile -
Open Access Article
4 - The Crisis Management in Regional Encounters (Case of Study: The Imposed War)
Abbas Mosallanezhad -
Open Access Article
5 - COMPONENTS AND CHALLENGES IN CODIFICATION OF ENVIRONMENTAL CRIME INDICES AS AN INTERNATIONAL CRIME
maryam jambozorg Mansour Pournouri Seyed Abbas Poorhashemi Davoud Hermidas BavandThere is no doubt that protection of environment is considered as the most critical need of human being for achievement of better qualities of life and realization of sustainable development goals in the 21st century. This is involved with numerous challenges, since the MoreThere is no doubt that protection of environment is considered as the most critical need of human being for achievement of better qualities of life and realization of sustainable development goals in the 21st century. This is involved with numerous challenges, since the contemporary human still lives on the basis of irregular development and preference of personal short-term interests rather than long-term ones. Although several international regulations have been ratified for the protection of environment in the second half of the 20th century and after the establishment of Stockholm Conference, most of the regulations in international environmental law which aimed to prevent environmental pollution and degradation could only address the compensation for the environmental damages. However, the intensity of environmental disasters in today's world is to the extent that the need for performing more decisive actions is seriously felt; actions which could prosecute those who produce environmental pollution and degradations as criminals. This study attempts to investigate the challenges which criminalization is internationally faced and to highlight the effective and mostly positive components in codification of environmental crime indices. Manuscript profile -
Open Access Article
6 - 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
7 - 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
8 - The Impact of Injured Person's Contribution to the Damage on International Responsibility of State for Environmental Damages
Seyyed Ghasem Zamani Vahid BazzarAccording to international responsibility law, the injured person's contribution to the injury will reduce the amount of reparation. International environmental law considered the injured person's contribution as one of the precluding of reparation for environmental lia MoreAccording to international responsibility law, the injured person's contribution to the injury will reduce the amount of reparation. International environmental law considered the injured person's contribution as one of the precluding of reparation for environmental liability, in addition to it considered as a basis for reducing the amount of reparation. The injured person's fault affects the determination of all environmental damages, including the cost of preventive measures. After the damage has been incurred also the injured person should try to reduce the amount of damage and if it is able to prevent and refuse to do so, contribution to the damage will be effective on Responsibility. When the injured person acts in spite of the assumption of risk, this principle can be applied. In addition to considering the injured person's contribution to the injury and conditions of implementation of that for environmental damages, this article tries to investigate the related issues of this principle in international environmental law. Manuscript profile -
Open Access Article
9 - 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
10 - 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
11 - 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
12 - 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
13 - 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
14 - Problems and challenges facing the development of international environmental
Alireza Javadi Seyed-Abbas Poorhashemi Shirin ShirazianInternational 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. MoreInternational 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
15 - Conservation and Sustainable Use of Soil and Its Stand in International Environmental Law
Parisa Tahoori Mohammad Reza ParvinThe soil is an earth's limited natural resource and considered as the most important part of environment after water and air. The special roles of soil in climate change, land degradation, food security and ecosystems are respectively subjects to UN Convention on Climat MoreThe soil is an earth's limited natural resource and considered as the most important part of environment after water and air. The special roles of soil in climate change, land degradation, food security and ecosystems are respectively subjects to UN Convention on Climate Change, UN Convention on Combating Desertification and the Convention on Biological Diversity as binding sources of international environmental law. In order to study present or future opportunities and challenges in the field of soil conservation in international environmental law, and to explore required principles for elaborating an effective special legal system for sustainable use of soil, in this paper has been compared and analyzed binding/non-binding treaties related to natural resources conservation in global or regional levels. Implemented studies within international environmental law instruments show that different approaches adopted on soil conservation and lack of integrity in its` required actions, have caused non-efficiency of the present instruments to preserve and sustainable use of soil with regards to all specific characteristics and functions. Therefore, establishing a comprehensive and special international legal system for conservation, management and sustainable use of soil seems to be necessary. Manuscript profile -
Open Access Article
16 - Formation and Development of "Future Generation Rights" Concept in International Environmental Law
Seyed Abbas Poorhashemi Farhad Dabiri Yalda Khalatbari Sahar ZareiIrregular utilization as well as environmental damages by mankind caused concerns for future generation. Identifying the rights of future generation is an important step to achieve to sustainable development. In this regard, conservation of environment, reasonable and f MoreIrregular utilization as well as environmental damages by mankind caused concerns for future generation. Identifying the rights of future generation is an important step to achieve to sustainable development. In this regard, conservation of environment, reasonable and fair utilization of sources to reach to a distinct future that ensures the rights of future generation are supposed as the duty of international community. So, the concept of "future generation rights" that firstly entered to international arena after ratification of United Nations charter 1945 and then developed by Stockholm declaration (1972) in international environmental law. Nevertheless, the concept of "future generation rights" as a moral and normalized principle is faced with many ambiguities. In the first chapter, legal ambiguities of this concept from different aspects regarding international law are examined. In the second chapter, in order to study legal basis of this concept in international environmental law, its status in binding and non-binding law is observed .in Chapter three we try to have a look at implementation of this concept in international environmental law. At the end, in fourth chapter collecting data, conclusion and suggestions are performed to attain a better realization of this concept implementation in international environmental law. Manuscript profile -
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17 - 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 -
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18 - Environmental Diplomacy in the Light of International Convergence: an Effective Approach towards International Law Sustainable Development
Ali Zaree sobhan tayebi Shima NaderiToday, environmental protection and sustainable development are two essential axes in the path of human life. In this process, international actors, namely governments and international organizations, play a major role. Commitment to international commitments and the ne MoreToday, environmental protection and sustainable development are two essential axes in the path of human life. In this process, international actors, namely governments and international organizations, play a major role. Commitment to international commitments and the need to adhere to the rules of the law are two crucial foundations in explaining the role of environmental diplomacy in achieving sustainable development. Development and environmental protection will certainly not be on a sustainable path unless regional interactions and international cooperation take a serious turn. This study is based on bibliographic and descriptive approach and is based on the evaluation of new sighted. Along that, environmental diplomacy is known as an effective method to natural resources and ecosystems conservation. So, environmental discussions are very much important international convergence reason. Therefore, international community can lead to global environmental conservation strategies with that convergence attitude. This research aims to determine the international environmental law evolution firstly and government’s roles in front of environmental challenges lying international convergence and legal fundamentals. So, environmental threats and hazards, display an illogical human act, that can be solved under the shadow of international convergence and moving to environmental conservation and global peace. Manuscript profile -
Open Access Article
19 - Development of international environmental law in the light of International judicial judgements and precedents
Sahar Zarei Seyed-Abbas Poorhashemi Mansour PournouriThe International Court of Justice and other international judicial and arbitral bodies play an important role through the issuance of international judicial judgements and precedents in the development of public international law, including international environmental MoreThe International Court of Justice and other international judicial and arbitral bodies play an important role through the issuance of international judicial judgements and precedents in the development of public international law, including international environmental law. These judgements and precedents, as well as some other cases of the International Court of Justice, will help to include new legal principles and rules of international law which can develop the environmental protection. However, alongside the legal capacity, there are obstacles and limitations which cause the positive development of international environmental law move slowly. Advisory opinions and Judgements issued by international courts show that State sovereignty has always been an obstacle to the development of international environmental law. Moreover, the traditional approach of International court of justice, based on the preference of the State sovereignty, is a significant challenge for developing the international environmental law. In fact, moving from absolute sovereignty to the rule based on rational and reasonable use of land could be a good opportunity for development of this legal field. For the first time, the concept of environmental protection was introduced in many cases such as the Trail Smelter case as an earlier environmental dispute and in this way environmental protection was developed in other environmental legal cases too. This research, attempts to analyze the international judicial judgements and precedents of the International Court of Justice to find the impact of these judgements and precedents in the development of international environmental law. It also provides guidelines for applicable solutions by identifying legal gaps and existing inefficiencies. Manuscript profile -
Open Access Article
20 - 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 -
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21 - 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 -
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22 - 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 -
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23 - 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 -
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24 - Utilization of renewable energy resources in European Union’s Legal System
Seyed Abbas Poor Hashemi Loabat Taghavi Azam Parande MotlaghToday, renewable energies are considering as clean sources of energy and optimal use of these resources minimize environmental impacts in the world. On the other hand, utilization of renewable energies for environmental protection has been increasing rapidly in recent y MoreToday, renewable energies are considering as clean sources of energy and optimal use of these resources minimize environmental impacts in the world. On the other hand, utilization of renewable energies for environmental protection has been increasing rapidly in recent years especially in developed countries and employing this kind of energies for environmental protection has been successful. Despite the importance of renewable energies, unfortunately, this type of energy are not widely used in all countries. It is clear that renewable energy resources exist over wide geographical areas, in contrast to other energy sources, which are concentrated in a limited number of countries.Based on the European Union model, in order to achieve sustainable development and environmental protection, the use of fossil energy sources to renewable energy sources such as wind energy , solar energy, global warming , alternative energy, biomass, etc., are very essential. The purpose of this study is to evaluate the current EU legal system to promote of the utilization of renewable resources that can be considered as one of the models studied in this context. Manuscript profile -
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25 - Justice and governance principal ways to achieve the sustainability of environment (legal view of Rio+20 to sustainable development)
Lobat Taghavi Farhad Dabiri Sobhan TayebiThe Rio+20 summit started from June 20, 2012, was looking for specific targets on the path way ofglobal sustainable development, focusing on international environmental issues, green economy andsustainable development, and environmental good governance, etc.This great i MoreThe Rio+20 summit started from June 20, 2012, was looking for specific targets on the path way ofglobal sustainable development, focusing on international environmental issues, green economy andsustainable development, and environmental good governance, etc.This great international gathering had set its working schedule based on fundamental principles ofjustice, good governance, role of law, and sustainable development, and encouraged the cooperation ofworld leaders to take a novel approach to achieve sustainable development and execution of globalgovernorship of law in 21st century.The RIO+20 was after the ways and means to achieve the principal goals , such as cooperation onprincipals of sustainable development, evaluation of activities since the first meeting held 20 yearsago, i.e. on 1992 , and the experiences gained . Attention was also made to execution of national andinternational environmental related laws, prioritization of sustainable issues, social justice, in order toachieve sustainable development.The international community must also think beyond Rio+20 and to establish a robust framework forstrengthening international environmental rules and provide effective solutions for the future withinthe context of global environmental policies. The present paper evaluates and studies the formation ofthis world wide meeting and its consequences. Manuscript profile -
Open Access Article
26 - Achieving sustainable development from the perspective of international environmental law
Farhad Dabiri Yalda Khalatbari Sahar ZareiAbstract For many years, humanity has used the nature for its development, but unbridled development after industrial revolution has left such a destructive effect on the planet that not only the same methods by poor countries for development are impossible, but it see MoreAbstract For many years, humanity has used the nature for its development, but unbridled development after industrial revolution has left such a destructive effect on the planet that not only the same methods by poor countries for development are impossible, but it seems selfish action also in today's conditions. Hence, in recent decades sustainable development is presented as a solution. On the one hand, environmental law is an important key for supervision and management of sustainable development. These rights are effective in determining policies and environmental protection measures as well as rational and sustainable use of natural resources. Declarations of Stockholm 1972, Rio 1992, Johannesburg 2002 and Rio+20 have been mentioned that achieving sustainable development requires environmental protection and orientation of international environmental law is in line with the concept of sustainable development. But in practice, it seems that the sustainable development faces with challenges at the global level. One of the most important of such challenges is the contrast between development and the environment in both developed and developing countries. One of the most dependable sources to deal with these threats and regulate the behavior of international law followers, is international environmental law. Therefore, this article attempts to analyze the binding and non-binding instruments in the field of international environmental law for achieving sustainable development. Manuscript profile -
Open Access Article
27 - Litigation and International Responsibility; Instruments deal with the lack of performing commitments concerning climate change
Seyed Abbas Pourhashemi Sobhan Taiebi Shima NaderiCreating and articulating the human rights of the people is necessary. Therefore human rights in dealing with environmental problems, not indifferent and more serious issues in the light of environmental considerations within the international legal has institutionalize MoreCreating and articulating the human rights of the people is necessary. Therefore human rights in dealing with environmental problems, not indifferent and more serious issues in the light of environmental considerations within the international legal has institutionalized. One of the most important environmental problems of global climate change is caused by the violation of the international obligations of states.However, conventions, protocols and other international documents on climate change with emphasis on the prevention of air and water pollution seems not yet developed, developing and least developed in the implementation of these documents and regulations are in trouble and international agreements output is positive and strong. It is necessary to describe the purpose of the pathology of non-fulfillment of international commitments on climate change, examines the legal framework of the effective tools in this regard, be addressed. Therefore, its Necessitated, Be investigated to Investigating violation of international obligations on climate change. Manuscript profile -
Open Access Article
28 - An overview of some international legal approaches for environmental protection
Farhad Dabiri Sahar Zarei negin mousavi madaniInternational environmental law always has tried to solve environmental problems by codification of binding and non-binding rules and regulations and provide solutions in this area. One of the important responses of international environmental law has been promoting sus MoreInternational environmental law always has tried to solve environmental problems by codification of binding and non-binding rules and regulations and provide solutions in this area. One of the important responses of international environmental law has been promoting sustainable development. As regards of improving the quality of environment and economical development are naturally consistent and coordinated goals. Sustainable development has decreased some paradoxical tensions related to economic growth limitations in 1970s. Sustainable development in the process of progress and through the interaction between three dimensions of economic, social and environmental development, has made its way from the international development law to the international sustainable development law. Declarations of Stockholm (1972), Rio (1992) and Johannesburg (2002), have emphasized on environmental protection and have mentioned that achieving sustainable development is the basic key to solving environmental issues. Rio + 20 summit also has the ability to cope with a collection of policies, methods and plans which support the transition to a green economy. This article reviews the international legal approaches in order to be a backbone for environmental protection. It also reviews the proper approach to deal with such issue. By comparing the above summits, we could undoubtedly say that the Rio Summit (1992) compared with others especially Rio +20, in terms of the effectiveness of international legal approaches in environmental protection and acceptance of international commitments, has more specific and involved better outcomes. Manuscript profile -
Open Access Article
29 - Analyzing the dimensions and components of environmental law with the approach of preserving resources for future generations and emphasizing the legal system of Iran
Seyedeh Nikou Mousavi Davijani Kheirollah Parvin Abdul Karim ShahiderDevelopment is a multidimensional and complex category whose importance has doubled with the progress and industrialization of countries. In this regard, the protection of the environment and the reasonable and fair use of resources in order to achieve a sustainable fut MoreDevelopment is a multidimensional and complex category whose importance has doubled with the progress and industrialization of countries. In this regard, the protection of the environment and the reasonable and fair use of resources in order to achieve a sustainable future, according to which the rights of future generations are guaranteed, is considered the duty of the international community. The concept of sustainable development and the environment in the framework of the rights of future generations, which first entered the field of international law with the adoption of the United Nations Charter in 1945 and subsequently developed in international environmental law with the issuance of the Stockholm Declaration of 1972, is significant. However, the concept of "rights of future generations" as a moral or normative principle faces many ambiguities. In this research, by reviewing the available texts and library documents, the policies of the organizations and institutions of the international community on sustainable development and the environment have been investigated. Reference to future generations has been made in a wide range of national and international legal documents, including treaties, declarations, conventions and constitutions, and national institutions have also been established in various jurisdictions with the authority to protect the interests of future generations. Most of the legal documents, both national and international, refer to the rights of future generations, such as the Stockholm Declaration and other documents. It must be said that it is very important for the earth and humanity that the present institutions learn to respect the Manuscript profile -
Open Access Article
30 - 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
31 - The International Environment and Common Heritage of Mankind
Hmaidreza JamaliThe application of the concept of common heritage of mankind within the corpus of environment international law shows that there are considerable problems regarding the conceptual meaning and its application. These problems arise from the meaning of the concept of commo MoreThe application of the concept of common heritage of mankind within the corpus of environment international law shows that there are considerable problems regarding the conceptual meaning and its application. These problems arise from the meaning of the concept of common heritage of mankind in regard to the exploitation of resources which are beyond national jurisdiction and its application within the framework of protection of the global environment. These differences in conceptual meaning and lack of proper explanation regarding the essential element of common heritage of mankind particularly in regard to international law of the environment has caused ambiguity, vagueness, and confusion. The question which is raised by present article is that how the concept of common heritage of mankind can be implemented in regard to environment? The present article by a future oriented viewpoint and by a descriptive analytical method examines the application of the concept of common heritage of mankind and the new concept of “common concern” which is used for preservation of the environment. This common concern is about the international environment particularly about the natural heritage of the world, atmosphere, living resources, and diversity of the living species. The paper also discusses the ways to strengthen the legal status of this concept in subject of environment and is of the view that five principles of common heritage of man should exist in it. Manuscript profile -
Open Access Article
32 - 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
33 - 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
34 - The Features of Malaysia’s Process of Economic Development (1980-2010)
Reza Aghaee Mezerji mehdi feiziAbstractSusceptibility to development requires domestic policy-making which would be consistent with the integrated global economy. By drawing on the Leftwich’s Developmental State theory as a theoretical approach, this study aims to assess the role of internation MoreAbstractSusceptibility to development requires domestic policy-making which would be consistent with the integrated global economy. By drawing on the Leftwich’s Developmental State theory as a theoretical approach, this study aims to assess the role of international environment as well as the foreign policy of Malaysia in the process of Malaysia’s economic development. This paper will respond to a question: What are the features of Malaysia’s international environment and, its foreign policy as well in its process of economic development. This research presumes that some contributing features and factors to economic development such as favorable international environment and also peaceful foreign policy activism (developmental foreign policy) were instrumental in Malaysia’s prosperity in its way to economic development. The research method used in this paper is the comparative (multivariate time series) method. Data gathering method is based on library sources. The main findings of this study indicate that susceptibility to development is possible through peaceful foreign policy as well as cooperative utilization of the international system in the era of globalization. Manuscript profile
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