Instruments of Criminal Protection of the Right to a Clean Environment in the International Environmental Conventions

Document Type : Original Article

Authors

Damavand Azad University Assistant Professor of Law

10.30489/cifj.2022.339657.1053

Abstract

The right to environment is viewed as a concept of human rights third generation in the international arena. Since the environment is recognized as a common heritage of humanity in international documents so as not to endanger the lives of present and future generations, damage to this rich heritage must be prevented or reduced using explicit criminal law requirements in treaties and conventions. The study depicts the criminal protection of the right to a clean environment through library tools with a descriptive-analytical method aimed at presenting the governments’ role in international environmental conventions. Governments only have civil liability for environmental degradation. However, considering the environment as a common heritage of humanity, crimes against it are considered as crimes against humanity. On the other hand, these crimes jeopardize international peace and security; therefore, the wrongdoing government can be prosecuted under Chapter 7 of the UN Charter and convicted to paying compensation.

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Articles in Press, Accepted Manuscript
Available Online from 08 July 2022
  • Receive Date: 28 April 2022
  • Revise Date: 22 June 2022
  • Accept Date: 08 July 2022
  • First Publish Date: 08 July 2022