Environmental Law
Meisam Norouzi; Sanaz Abolghasemi
Abstract
In contemporary parlance, the environment and its preservation have emerged as a principal focus and concern for the global populace. This phenomenon is known to escalate during times of armed conflict. Armed conflicts directly impact the environment (such as destroying natural resources or pollution ...
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In contemporary parlance, the environment and its preservation have emerged as a principal focus and concern for the global populace. This phenomenon is known to escalate during times of armed conflict. Armed conflicts directly impact the environment (such as destroying natural resources or pollution resulting from military operations). The investigation into the ecological destruction inflicted upon the natural world during the two world wars demonstrates that the emphasis on safeguarding the environment is no longer a theoretical notion but a concrete actuality encapsulated within the framework of legal doctrines. The protection of the environment encompasses a diverse array of International Humanitarian Law (IHL) and International Criminal Law (ICL). This study scrutinized the safeguards and preservation of environmental rights in times of armed conflicts, whether domestic or international, through the lenses of ICL and IHL.
Environmental Law
Adaelizabeth Omaira Guerrero Rodriguez
Abstract
The Essequibo territory - situated in the extreme east of the Bolivarian Republic of Venezuela- its sovereignty is the reason for the dispute with the Cooperative Republic of Guyana. Since the land border has not been established, the maritime projection corresponding to the Atlantic coast is under the ...
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The Essequibo territory - situated in the extreme east of the Bolivarian Republic of Venezuela- its sovereignty is the reason for the dispute with the Cooperative Republic of Guyana. Since the land border has not been established, the maritime projection corresponding to the Atlantic coast is under the shadow of the dispute. The inexistence of delimitation of the maritime spaces and the negotiations to reach agreements on such delimitation increase the conflict in regard to the unilateral authorizations of oil and gas concessions granted by the Cooperative Republic of Guyana in the disputed maritime areas. This paper analyzes the situation of the Atlantic Front in relation to the decisions of the International Tribunal of the Sea establishing precedents on maritime delimitations of States with adjacent coasts through arbitration processes that involve the interests of Venezuela, considering that Venezuela has not subscribed to the United Nations Convention on the Law of the Sea.
Environmental Law
Sreenivasulu Neeruganti Shanmuka
Abstract
Water is precious and is the lifeline of all the living entities in this universe. Earth, Sky, Air, Fire and water are the five essential spears or elements (pancha bootha) considered sacred on the earth and as well in this universe. More importantly, water occupying two-thirds of the earth's space has ...
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Water is precious and is the lifeline of all the living entities in this universe. Earth, Sky, Air, Fire and water are the five essential spears or elements (pancha bootha) considered sacred on the earth and as well in this universe. More importantly, water occupying two-thirds of the earth's space has been a vital aspect of life on the planet. The water makes life on the earth possible, and is why cores of living entities live on the earth. India is a spiritual country with a diversified culture where water is considered holy and believed to have the power to liberate the soul. Water is worshipped as a god, and we admire water as a mother Ganga flowing from the hair of Lord Shiva, who happens to be the cleanser of the universe. In contrast, Lord Brahma happens to be the creator, and Lord Vishnu is the ruler who governs the entire universe and all the spears of life.
Environmental Law
Abbas Poorhashemi
Abstract
Principles of international environmental law play a fundamental role in developing and consolidating international protection of environment. Understanding current and growing principles of international environmental law can guide the interpretation of legal norms and regulations. Moreover, these principles ...
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Principles of international environmental law play a fundamental role in developing and consolidating international protection of environment. Understanding current and growing principles of international environmental law can guide the interpretation of legal norms and regulations. Moreover, these principles are included in several international treaties and national regulations to protect the environment. Some principles originated from public international law, such as State Sovereignty or International Cooperation. Still, others are related exclusively to international environmental law, such as the principle of prevention and the Precautionary principle. This article provides essential knowledge about the Principles of International Environmental Law. These principles reflect the legal foundations and play a crucial role in the creation, development and application of this field of law. By definition, they are superior to ordinary rules, which should be based on these principles. Results are discussed in terms of applying these principles and their implementation at national and international levels.
Environmental Law
Alois Aldridge Mugadza
Abstract
Deforestation and forest degradation have many disastrous effects which threatened human life and other species. The main effects of deforestation and forest degradation are desertification, biodiversity loss and climate change. However, the Bonn Challenge if fully realized can reduce some of these effects ...
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Deforestation and forest degradation have many disastrous effects which threatened human life and other species. The main effects of deforestation and forest degradation are desertification, biodiversity loss and climate change. However, the Bonn Challenge if fully realized can reduce some of these effects by reforestation and afforestation. Forest governance will need to be strengthened by recognizing human rights and building synergies. Since there is no international instrument for forest protection, forest governance will play a huge part in reducing deforestation and forest degradation. Human pressures on earth are causing an increase in species extinction, estimated to be more than before the industrial revolution. There are various consequences to deforestation and forest degradation, including that of life change globally. The most overt impact of deforestation is desertification, climate change and biodiversity loss. It must be noted that when these impacts of deforestation take effect, life on earth will eventually change.
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
Reza Maddahi
Abstract
Some developing countries are keen on using carbon capture and storage for the mitigation of climate change, partly as a result of the climate commitments made by States under the Paris Agreement. One of the main pillars of the Agreement, which determines the climate duties and rights of States, is the ...
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Some developing countries are keen on using carbon capture and storage for the mitigation of climate change, partly as a result of the climate commitments made by States under the Paris Agreement. One of the main pillars of the Agreement, which determines the climate duties and rights of States, is the concept of differentiation. The Agreement articulates the principle of common but differentiated responsibilities and respective capabilities in the light of different national circumstances by customizing commitments to the specificities of each of the Durban pillars—mitigation, adaptation, finance, technology and capacity-building. This article considers to what extent the modernized concept of differentiation is reflected in the provisions on mitigation, financial and technical supports and capacity building under the Agreement and how this may influence the deployment of carbon capture and storage in developing countries. While the Agreement represents a significant shift away from the traditional differentiation approach, the obligation to provide financial and technological support for mitigation efforts continues to fall predominantly on developed states. The innovative endeavours pertaining to expanding the mitigation commitments to both parties, the concept of ‘progression’, encouraging ‘other Parties’ to provide finance voluntarily, and introducing funding goals may have a positive influence on carbon capture and storage development projects in the future.
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
Adane Damtew
Abstract
Contemporary, different impediments strongly challenge our planet. However, nothing can be equated with the problems encountered by the pollutions released from industries. These pollutions adversely affect the environment, health, social, and economic aspects of human beings. Countries have tried to ...
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Contemporary, different impediments strongly challenge our planet. However, nothing can be equated with the problems encountered by the pollutions released from industries. These pollutions adversely affect the environment, health, social, and economic aspects of human beings. Countries have tried to codify various international and domestic laws to oversee the problem. Besides making laws, Governments are looking for policy options. Among the options developed in the last half a century, Economic instruments (EIs) are the prominent approach. This paper aims to briefly discover vital issues of EIs with its role in protecting the environment. As the paper's findings revealed, EIs have played a pivotal role in protecting and curing the environment from hazardous waste. Thus, the paper urges the Governments to apply EIs properly in compliance with their respective situation. To achieve its objectives, the paper employed the doctrinal analysis method based on primary and secondary data sources.
Environmental Law
Abbas Poorhashemi
Abstract
Le droit international de l'environnement tente de protéger l'environnement mondial en fixant des règles juridiquement contraignantes (Hard Law) et non contraignantes (Soft Law). Cependant, malgré tous les efforts internationaux visant à protéger l'environnement, la ...
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Le droit international de l'environnement tente de protéger l'environnement mondial en fixant des règles juridiquement contraignantes (Hard Law) et non contraignantes (Soft Law). Cependant, malgré tous les efforts internationaux visant à protéger l'environnement, la pollution et la destruction de l'environnement continuent d'augmenter dans les nombreux domaines. En effet, les préoccupations et les menaces environnementales d'aujourd'hui ont dépassé les prévisions des experts et des scientifiques lors de la première Conférence internationale sur l'environnement à Stockholm 1972. En réalité, le changement climatique, la pollution de l'air, des eaux et des sols, la perte de la biodiversité, la déforestation et la désertification sont les principaux problèmes auxquels est confronté le monde actuel. Dans ce contexte, cette étude basée sur une approche critique veut démontrer d’une part, la capacité existante pour le développement du droit international de l'environnement et d’autre part, les obstacles juridiques confrontés pour une protection mondiale de l’environnement.
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.
