Environmental Law
Shadi Ghasemi; Sobhan Tayebi
Abstract
Today's generation of biosphere know it well that the requirement of life and existence is nothing but an inalienable protection of the inhabited planet and its environment that to maintain it extra efforts must be made. Although, states, through the governance and simple roles in the international arena, ...
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Today's generation of biosphere know it well that the requirement of life and existence is nothing but an inalienable protection of the inhabited planet and its environment that to maintain it extra efforts must be made. Although, states, through the governance and simple roles in the international arena, should, in compliance with the treaty system, prepare the ground for the adherence and implementation of environmental protection norms, but the role of citizens in environmental regulation as well as realization of the principles of participation and sustainable development is so vital. The question of this study is whether the bilateral interaction of environmental governance and crowdsourcing can lead to the more complete realization of environmental protection and regeneration? Nevertheless, the international community, based on the principle of necessity, should seek to investigate the dimensions of usage of crowdsourcing in resolving the environmental issues.
Environmental Law
Seyyed Ahmad Rasi
Abstract
International environmental law and international investment law are two important and fundamental disciplines of international law which play a fundamental role in human society today. In fact, one cannot live in societies without these two categories. Economic investments by companies in different ...
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International environmental law and international investment law are two important and fundamental disciplines of international law which play a fundamental role in human society today. In fact, one cannot live in societies without these two categories. Economic investments by companies in different countries require legislation and sometimes restrictive legislation. One of these methods is the application of environmental laws which is often overlooked in corporate investments. Every investor should invest with respect for the environment and always base their actions on the environment in their economic calculations. Thus, this research with a descriptive-analytical method will examine the issue of environmental obligations in investments, and in this regard, the article will examine the most important international issues. Research shows that investors often waive environmental commitments, but states can minimize the breach of these environmental commitments by enacting and enforcing strict and restrictive laws and regulations.
Environmental Law
Shirin Shirazian; Ali Karimidouzaji; mohammad saleh Anisi
Abstract
Kajaki dam construction and development on Hirmand/Helmand river affected the upstream and downstream of the river in a different situation. This construction project has been bringing lots of advantages for Afghanistan, on the other hand, Iran dealing with the majority of negative effects caused by ...
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Kajaki dam construction and development on Hirmand/Helmand river affected the upstream and downstream of the river in a different situation. This construction project has been bringing lots of advantages for Afghanistan, on the other hand, Iran dealing with the majority of negative effects caused by the Kajaki dam development. Moreover, the lack of an environmental approach on the Hirmand water treaty 1973 limited the environmental obligation of the upstream state.Thus, the conduction of a new bilateral treaty with a focus on environmental issues instead of the current treaty will be decrease plenty of environmental problems and codify applicable regulation regarding environmental conservation. In this respect, to achieve the mentioned purposes parties should conduct the new treaty with the focus of an international environmental law principle, the precautionary principle due to its function and extension will be a great option to reach the environmental purposes.
Environmental Law
Abbas Poorhashemi; Sahar Zarei
Abstract
Environmental protection is confronted by many political, economic, and social problems. In the case regarding Whaling in the Antarctic, (Australia v. Japan: New Zealand Intervening) in March 2014, the International Court of Justice (ICJ) decided that the Japanese whaling programme in the Antarctic (JARPA ...
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Environmental protection is confronted by many political, economic, and social problems. In the case regarding Whaling in the Antarctic, (Australia v. Japan: New Zealand Intervening) in March 2014, the International Court of Justice (ICJ) decided that the Japanese whaling programme in the Antarctic (JARPA II, in force since 2005) did not consider as a “scientific research objectives.” In this perspective, the Court concluded that the catching, taking and killing of whales under this programme did not qualify as an exemption provided in the Article VIII of the International Convention for the Regulation of Whaling (1964), which authorizes the contracting parties the capture of whales for scientific research purposes. The purpose of this study is to examine and analyze the ICJ’s judgment in this case and to demonstrate the opportunities and challenges of this judgment in the progressive development of international environmental law.
Environmental Law
shirin shirazian; mohammad saleh Anisi; Ali Karimidouzaji
Abstract
The adverse effects of the Covid-19 on the environment became a potential source of threats to the natural environment and human life. While a short range of temporal improvements can be seen during lockdown measures, but the virus is spreading out quickly among human societies and wildlife habitats.in ...
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The adverse effects of the Covid-19 on the environment became a potential source of threats to the natural environment and human life. While a short range of temporal improvements can be seen during lockdown measures, but the virus is spreading out quickly among human societies and wildlife habitats.in this situation international environmental law plays a vital role to adjust the legal interaction between the Covid-19 pandemic and state obligations. Regarding international law instruments, all countries are liable to the transmission of the virus and they should have taken precautionary measures. however, they do not meet the same obligations in this case. According to the common but differentiated principle (CBDR) although each state has the responsibility to participate on the protection of the environment from the global crisis, developed states due to their financial resources and technological facilities deal with a wider range of responsibilities.
Environmental Law
Sahar Zarei; Negin Mosavi Madani
Abstract
Environmental protection and sustainable development are the most important issues which show typically interdependence between cultural, economic, political, social and environmental aspects at the national, regional and global dimensions. International cooperation for environmental protection and sustainable ...
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Environmental protection and sustainable development are the most important issues which show typically interdependence between cultural, economic, political, social and environmental aspects at the national, regional and global dimensions. International cooperation for environmental protection and sustainable development is one of the pillars of the second half of the 20st and 21st centuries. It is important to note that international environmental cooperation involves many issues in global and regional dimensions. In addition, this cooperation in environmental protection takes two forms in Institutional and Non institutional cooperation. For this purpose, this research aims to analyze the international cooperation for environmental protection in the multidisciplinary approach in two principal parts: Global & Regional cooperation and Institutional & Non institutional cooperation. The paper also examines the legal basis of international environmental protection. Finally, this study has found that institutionalization of international cooperation is a key of the implementation of international environmental law.
Environmental Law
Sobhan Tayebi; Zeinab Mazinanian
Abstract
Today, different groups of activists have failed to improve the climate regime. 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 ...
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Today, different groups of activists have failed to improve the climate regime. 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. The present study aimed to provide an analysis of the environmental impacts of climate change on national security in the context of international environmental law through a cross-disciplinary approach to international law and geopolitics.
Environmental Law
Abbas Poorhashemi
Abstract
The purpose of this paper is to describe and analyze the challenges and opportunities for the development of international environmental law. This article is a brief description of "international environmental law" as a new branch of public international law. Further, it attempts to provide some knowledge ...
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The purpose of this paper is to describe and analyze the challenges and opportunities for the development of international environmental law. This article is a brief description of "international environmental law" as a new branch of public international law. Further, it attempts to provide some knowledge on the sources and principles of international environmental law. The environmental problems in the contemporary world are amongst the most urgent that requires an immediate collective response from the states. Since the environment is a transboundary issue, a single country's effort is not enough, but all countries have to collaborate. In this regard, the solution may be twofold: either work together on having an international instrument or at least give similar concern to environmental problems in domestic environmental law. As we all are living together on this planet, the best way is, yet, working together on implementing international environmental law.
Yalda Khalatbari; Abbas Poorhashemi
Abstract
The consensus of the concept of “environmental damage” by the international community is crucial to address the issues concerning liability and responsibility of states in international environmental law. Moreover, compensation of environmental damage is very difficult to achieve in international ...
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The consensus of the concept of “environmental damage” by the international community is crucial to address the issues concerning liability and responsibility of states in international environmental law. Moreover, compensation of environmental damage is very difficult to achieve in international environmental law. "Compensation" is reparation applying for loss or damage as a result of acts or omissions that are subjects of international law and the effect of natural disasters on the people, property and the environment. The complexity of human-caused environmental damage, the limit of prevention and compensation of damage in the national, regional and global context are the main limit of the development of international law.. The initial aim of this paper is to examine the evolution of the concept of “environmental damage” in international environmental law, and secondly, to determine the challenges of this concept in international environmental law.