صادق جعفرزاده درابی

Various expressions are used in international law for reflecting different types and levels of normativity, such as rules, guidelines, statements, codes of conduct, standards, etc. Although some of them have clear meaning and obligatory scope the others such as “standards” are vague and uncertain. Standards are set by states and non-state actors but in both cases they create some kind of commitment. Some standards are reflected in obligatory international law structures especially in regard to environmental protection. This paper will illustrate the status of international standards and especially private standards, their normativity power and the capacity of standard setters in international law sphere. In this paper, analytical method and social phenomenology have been used. To conclude, the result of assessments shows that private standards practically have binding powers to some extent.

Securing comprehensive compliance to regulations is one of the purposes that all governments are seeking. For this reason, all legislative, executive and judicial systems make all their efforts to achieve this objective. Therefore, each of them will fulfill a part of this task. Some part of this process refers to the basic issues of the existence or absence of a rule that means whether it is derived from social realities as well as the public needs. Also, whether it conforms to the basic values of the society. But adopting an appropriate approach or policies is considered as another prerequisite to ensure comprehensive compliance. When the necessity of a rule is compromised, the second issue which will be raised is the crystalization. Thus, it is common to violate environmental provisions which are so expensive. Some of these problems rooted in the kind of rules which are enacted. Althogh social desirability of Environmental rules as well as their supports from the society, human life and the environment made them (these rules) to be more important, which approaches can be more fruitful to achieve the objective is the major issue to be addressed in the paper. Firms attempt to violate environmental regulations in various ways in order to reduce their costs. By doing so, they can make they own benefits. This will result in social expenses; then different legislative approaches are aimed to reduce such types of costs. The main objective of this paper is to explain these approaches as well as investigate whether traditional approach of "command and control" can establish a sustainable status for comprehensive compliance or not. In summary, “incentive based” approach should be proposed as a complementary role of traditional approach for the regulatory efficiency legislation or, in other words, the enactment of more efficient laws and regulations.

Because of poverty, the main problem of African people is focusing on second generis of human rights. However constitution of African Court on Human and People’s Rights in 2006 besides African human rights commission could improve promotion of all human rights in Africa Continent. There were some problems from outset of constitution of the Court like financial sources, reluctance of States for approving the Constitution and some restrictions in jurisdiction of the court. These problems caused to a suggestion for merging of the Court and African court of justice. So a protocol has been signed but it’s not obliging yet. Restrictions in the Court for compulsory proceeding to claims of African citizens and NGO’s caused to low efficiency of Court for preserving human rights and low quantity of cases which have been proceeded.

Environmental challenges of ships’ ballast water discharge have attracted the international community’s attention. Discharge of ballast water is one of the most important sources of the degradation of marine environment threatening biodiversity and human health. Two sets of challenges are posed by ballast water: oil pollution that is caused by the discharge of oil-mixed ballast water that is a type of vessel-source pollution mainly dealt with by MARPOL Convention and the introduction of alien species carried by ballast water is addressed by the IMO 2004 Convention for the Control and Management of Ships’ Ballast Water and Sediments. There are also some non-binding guidelines that IMO and its marine environmental protection committee have adopted to encourage the countries to oblige the ships under their jurisdiction to conform to these standards. This article tries, first, to highlight the ballast water environmental challenges and, secondly, to assess the above mentioned efforts.