فهرست مطالب abbas poorhashemi

The international community includes states that enact and execute the rules and regulations of international law. The basis of international law derives from the need for states to coexist in the international community. In other words, the states cannot be forced to accept a new rule when they do not agree. However, sanctions are based on a mutual structure including diplomatic protest and countermeasures influencing the behavior of states. In addition, some sanctions have been enacted in environmental law, after breach of obligation for more protection of the environment based on erga omnes. In addition to the sanctions, some mechanisms have been enacted by international organizations and states for support and protection of the environment before breach of obligation. The present study aims to explain and evaluate the development of new sanctions and mechanisms in international environmental law for efficient and effective protection of the environment and offer solutions for handling legal challenges in executing the obligations and assessing the adequacy of classic sanctions and mechanisms in international environmental law.

The method was descriptive-analytical and the data were collected based on library study and reference to documents by searching the Internet. Therefore, with a descriptive and analytical method and relying on library resources and existing data, in the first part, the existing mechanisms and executive guarantees in the field of environmental protection are reviewed, and in the second part, new mechanisms and executive guarantees and reasons are examined.

The main research question states; whether new sanctions and mechanisms are emerging in international environmental law for more protection of the environment based on theoretical foundations. investigate the new sanctions and mechanisms emerging in international environmental law to further protect the environment.  This research expresses the inefficiency of classic sanctions including civil and criminal ones and classic mechanisms for the protection of the environment by separating the concept of sanction from mechanism. Based on the results, new limitations such as green taxes, environmental insurance, and Environmental Damage Fund (EDF) have been emerging and developing due to the specific nature of environmental issues and their relationship with the necessity of creating and developing new sanctions and mechanisms, and given that the development fails to be enough for protection of the environment due to the existing limitations, despite the  development of classic sanctions and mechanisms.

In environmental law, two types of new sanctions have been identified and developed for efficient and effective protection of the environment, which include "pay compensation without agreement and going to the court in cases of severe damage to the environment" and "compliance and noncompliance control of member states to environmental conventions".

Nanotechnology and its various applications, especially in the field of environment, not only caused the prevention and elimination of environmental pollution and environmental protection but could also lead to sustainable development. Of course, the potential dangers of some Nano-material could lead to environmental degradation or pollution. The rapid advances in Nano-technology have challenged traditional legislative regimes in both international law and national law, including in the field of the environment. The subject of this research is to investigate the legal gaps in nanotechnology, which has been done to determine the legal challenges in the use of this technology and also provide legal solutions. The present article is descriptive-analytical and finally, it has been concluded that if a coordinated effort is made between the various parts of the regulatory system at the national and international levels, it is possible to solve challenges and it can lead to the development of regulations at national and international levels. The development of new and special laws to eliminate the shortcomings of the existing regulatory system is one of the solutions.

Resolving environmental disputes is an emerging issue in the international arena. International law has increasingly incorporated environmental protection as an objective, and international courts and arbitral tribunals must address environmental disputes. This Comment discusses two recent decisions: Compensation owed by Nicaragua to Costa Rica and Burlington Resources—cases decided at the International Court of Justice (ICJ) and the International Center for Settlement of Investment Disputes (ICSID), respectively. The goal is to illustrate how international courts and arbitration tribunals have decided cases involving environmental disputes and ordered reparations for environmental harm. The finding of this study is that compensation as a latent axis of responsibility has a significant role in controlling environmental hazards. However, by examining the content of two environmental votes from two different dispute resolution authorities while explaining the basic frameworks of work, this study emphasizes the importance of environmental protection. This analysis shows, in fact, the path of evolution and development of international environmental law.

Due to the closed nature of the Persian Gulf, the transit of oil tankers and excessive utilization of the global standard, the environmental situation of the gulf has been endangered. It is necessary to promulgate the sea-based culture and marine economy and include their policies in the legislations of all eight countries of the Persian Gulf in order to achieve the sustainable development regarding their versatile aspects and implementation.The main question here is how the performance of the engaging states in the Persian Gulf contributes in maintaining sustainability of the maritime environment in the Persian Gulf, emphasizing on indicators of sustainable development. In this article, the performance of the Persian Gulf countries in relation to the sustainable development of the marine environment has been studied analytically and through a library research. Following the review of these indicators, the global standard of sustainable development components is measured in three areas of social, economic and environmental sectors compared to objectives 12, 14, 15 and 17 of Agenda 2030. According to the results,achieving sustainable development of the marine environment of the Persian Gulf is only possible by active participation of all the eight countries playing their optimal roles in cooperation with each other.

One of the most important goals of sustainable development, which is a requirement for all countries, is the protection of habitats and biodiversity. The purpose of this study is to investigate and determine the position of Iran in achieving the goals related to the protection of aquatic and terrestrial habitats and the realization of sustainable development indicators (SDG17). For this purpose, in this article, by comprehensively reviewing all valid international reports and documents, the rank and score of Iran has been determined and compared worldwide. The results showed that Iran has a score of 70.01 in achieving the goals of sustainable development, which is 74th among 165 countries in the world. Overall, based on the research findings, it can be said that Iran's ranking in achieving goal number 14 is slightly better than goal number 15. In other words, Iran has performed better in the field of marine biodiversity protection than inland biodiversity protection. The situation of Iran in the field of SDG14; Significant challenges remain and score moderately improving, insufficient to attain goal. The situation of Iran in the field of SDG15; Major challenges remain and score decreasing.

The valuable place of the environment in human societies has always been considered around the world because human survival is measured by its protection. Thus, we need a solution to deal with the negative consequences in order to protect the marine environment of the Persian Gulf and to implement the goals of sustainable development in this region, which is one of the most polluted and vulnerable marine areas. Because the increasing dominance of these factors has created irreparable environmental catastrophes in the Persian Gulf ecosystem that all coastal countries are responsible for preventing them. Accordingly, the 2030 Sustainable Development Goals have set out a codified set of tasks for countries, to be fulfilled by 2030. Moreover, taking into account the Millennium Development Goals, it offers solutions to solve the earth’s environmental problems in the field of poverty, clean water, clean energy and state-of-the-art technologies. Certainly, achieving the goals of sustainable development and increasing the quality of life of human beings in accordance with current and future needs is possible by achieving the tools of economic growth along with social quality and transforming to sustainable production methods and consumption patterns by establishing environmental balance.

This article studied analytically and through library research while examining the negative consequences and obstacles to progress, also refers to the approach of positive consequences and offers solutions to overcome obstacles.

The results of this article show that necessary and unavoidable to study the consequences and to establish a procedure to achieve the proposed indigenous indicators and adapt of sustainable development goals in the Persian Gulf regions level;  because achieving positive results in this matter is achievable through providing balance between economy, society and marine environment.

According to the analysis performed, considered as a fundamental solution for future research to eliminate marine environmental pollution, the protection of the marine environment of the Persian Gulf has been made possible by supporting and conducting the goals of sustainable development of the 2030 instrument and implementing it in the region so as to pave the way for attainment of sustainable development in marine regions by eliminating the barriers and negative consequences that impede sustainable development. Eventually, for the implementation of the 2030 instrument in the regions and countries of the Persian Gulf, governments are obliged to adopt the goals of sustainable development with regard to the appropriate environmental conditions. Hence, one of the basic objectives of the present paper is to explain and design indigenous indicators proposed for sustainable development across the regional areas of the Persian Gulf.

Nanotechnology plays an important role in reducing the consumption of raw materials, preventing and eliminating environmental pollutions, protection natural resources and the environment by inventing and applying solutions such as removing or purifying pollutants in water, soil, air and other natural elements. Of course, the potential dangers of a number of engineered nanomaterials on human health and the environment can also lead to environmental degradation or pollution. General international treaties and principles have implicit restrictions and regulations on the use of nanotechnology by countries. The subject of this research is the application of nanotechnology from the perspective of international environmental law, which has been done with the aim of explaining the international legal regulations in the use of this technology. The present article, which has been written in a descriptive-analytical manner, seeks to answer the question that according to the effects of the use of nanotechnology on the environment, what is the position of this issue from the perspective of international environmental law and what are the rules governing it. Therefore, while proving the great effects of nanotechnology on the development of environmental law, it has finally been concluded that despite the importance of nanotechnology and its effects on the development of international environmental law, there is no specific binding legal framework for it at the international level and in fact, existing international laws and treaties in the field of environmental law do not have sufficient executive guarantees.

Environmental law is an important tool for monitoring and managing sustainable development. Sustainability of development in rich and poor, industrial and non-industrial countries, the concept of sustainable development goes beyond national borders and can be evaluated and analyzed in the framework of the global governance system. The purpose of the case study of the Persian Gulf in this article is the special importance of this region in terms of huge sources of non-renewable energy, especially oil, gas and special environmental conditions, especially the closure of the Persian gulf, tanker passage, and non-standard operation and far from waiting. Sustainable development in the field of international environmental law seeks to provide the right solution for the protection of the Persian Gulf. In this way, economic, social, and environmental indicators are the three basic pillars of sustainable development, and all of these indicators affect international environmental law in the Persian Gulf. This article seeks to answer the question of what are the possible ways to implement sustainable development in the marine environment of the Persian Gulf. The present article has identified the implementation of sustainable development in this region by using descriptive and analytical methods while examining the environmental situation of Persian gulf and in the end, it offers the necessary solutions and suggestions. The general conclusion of the article, considering the goals 14 and 17 of the 2030 document, shows that it is necessary to control the executive procedures by determining the indicators.