فهرست مطالب mansour pournouri

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".

The free presence of countries in the waters of the world and the inevitable increase in the maritime phenomenon have resulted in consequences such as violation of the national laws of the coastal state and various types of maritime crimes. In most cases, the offending vessels do not pay attention to the orders of the coastal government officials and run away to the open sea by abusing the principle of freedom of navigation. The present research aims to analyze and examine the necessary solutions in the field of how to pursue the violators by studying the sources of international law. This research, which is of an applied and qualitative nature, has collected the necessary data in the field of the right of the coastal state regarding the immediate pursuit of foreign ships at sea, using a library method, and has dealt with the various legal aspects of this right with a descriptive and analytical method. The findings indicate that, although in the open seas, ships are under the exclusive jurisdiction of the flag state, if a foreign ship commits an offense in the maritime areas under the jurisdiction of the coastal state, which violates the laws and regulations of that country, the coastal state can take it under certain conditions to pursue outside the territorial sea and monitoring area. The obtained results showed that the immediate pursuit of a foreign ship in the waters under the jurisdiction of the coastal state or the sea areas where the coastal state has sovereign rights is a right granted to the coastal state according to the international law of the seas. This right is an exception to the principle of freedom of navigation and the principle of exclusive sovereignty of the flag state in the open sea.

Observance of the adversarial principle is associated with that the trial is not conducted in the absence of one parties. On the other hand, observing the interests of the party that has referred to the competent tribunal requires continued consideration and issuance final decision. If a country can deprive the jurisdiction from the competent tribunal by not appearing, this will severely undermine the credibility of peaceful dispute resolution. China issued a plan to the UN Secretary-General in 2009 and announced the drawing of a Nine-Dash Line in the South China Sea. The Philippines as the most protesting country, alleges an international dispute over the incompatibility of China's Nine-Dash Line with the United Nations Convention on the Law of the Sea (1982) and on January 22, 2013, citing the provisions of the Convention, it referred its case against China to an arbitration tribunal under Section 7, Chapter 15 of the Convention. China declined to participate in all proceedings because it considered the arbitration tribunal incompetent to hear the dispute. This article intends to examine the validity of the dispute resolution process in the event of default to appear before the competent tribunal. The concise conclusion of this article is that the country absent from the proceedings is still considered as a party to the dispute and mere absence will not cause the deterioration of this position or the loss of competence of the competent tribunal but special tasks are established for the competent tribunal, which are examined in this article.

Intergenerational justice, which is the mainstay of the rights of future generations, states that the exploitation of resources, as well as the adoption of practices that affect the environment, must be such that, in addition to serving the interests of the present generation, the present generation in exploiting and dealing with the environment must behave in a way that preserves the interests of future generations. Article 50 of the Iranian Constitution explicitly emphasizes the protection of the environment. This principle raises many issues from a legal point of view and has a clear duty to protect the rights of the present and future generations to the right to a healthy environment and to observe intergenerational justice. In this principle, several points have been stated that are important for a more detailed study. First, there is the issue of environmental protection, in which case, the same issue of preserving and respecting the human right of society to a healthy environment is raised. Then there is the issue of intergenerational justice and identification. That is, it considers it the duty of everyone to observe fairness with current and future generations, as well as these issues, and the issue of public participation in environmental protection is raised. Like the constitution, it is necessary to be stated in this principle. In this descriptive-analytical study, an attempt has been made to examine the rights and obligations of intergenerational justice in order to achieve the goals of sustainable development (with emphasis on Article 50 of the Iranian Constitution).

The protection of wildlife has a special place, as in the domestic laws, various solutions have been considered, including the option of fines for the violator and the cause of damage, but as a deterrent, it has not been able to act effectively. The human factor does not always lead to the loss or destruction of animal species and harming the wildlife, but natural factors can also lead to disease or accidents for the wildlife according to the climatic conditions of the place. Therefore, it is necessary to investigate, adjust and adjust the ways to reduce the conflicts between people and wildlife, and by allocating appropriate funds, the field for the restoration of wildlife habitats should be provided in order to prevent further destruction of wildlife and support endangered species. One of the ways to control risk is to transfer it to insurance institutions, and these risks should be in line with insurance laws and regulations, and in other words, they should be insurable. The vastness of the field of wildlife and the costs of its maintenance and protection require the support of the government as the guardian of wildlife protection and supervisor of the insurance industry. The loss of a species covered by insurance, like any other insurance coverage, can be supported by the insurance company, although in the insurance industry due to the challenges of wildlife risk assessment and the wildlife guardian organization due to the lack of financial resources, so far this issue has not been addressed. It has not been addressed seriously, and it may be due to the lack of sufficient knowledge in this field, or due to a correct assessment of the risk of losses of this type of insurance coverage. Currently, addressing this issue is an unavoidable necessity, and the trustees of the life insurance industry The country's wildlife should take the necessary care in this field.

The principle of common but distinct responsibilities as a very subtle technique has helped governments to come together to ratify several international environmental conventions and thus enforce the rule of law and develop international environmental law. The global desire for international cooperation in the direction of environmental protection has been specified in many binding and non-binding documents of international environmental law, which can be considered as the beginning of principle 24 of the Stockholm Declaration of 1972. Equity in jurisdictions subject to English Common Law refers to a set of general rules that "governe all laws" and "all civil laws derive from it" and form the foundation of the Common Law legal system.
In this research, using the descriptive-analytical method, an attempt has been made to examine the principle of joint responsibility of governments in international environmental laws and its relationship with the position of the rule of equity in Iranian law. The basic question is that the principle of joint responsibility of governments in What is the relationship between international environmental laws and the principle of fairness, the resulting result indicates that fairness is not affected by any government law" and is everything, even beyond the law. Fairness allows the courts to act as they see fit; and apply justice in accordance with natural law Sometimes in the interpretation of the law, sometimes in filling the void of the law, and sometimes instead of the law, it is one of the examples and reflection of "just principles" and it is considered part of the rights at the decision-making level, and referring to it does not require the consent of the parties to the dispute.

The present study aims to evaluate the effectiveness of classical performance guarantees in international environmental law and the need to establish new types of performance guarantees in this area. In the present descriptive and analytical method, library resources and available information were used for collecting the data. First, the effectiveness of classical performance guarantees is studied, and then new executive guarantees and the reasons for their formation are discussed. The main question is whether the guarantee of classical performances plays a significant role for protecting the environment effectively. Regarding the theoretical foundations of the research, the main hypothesis is that new executive guarantees are being formed and developed for further protection of the environment. The results of the data analysis indicated that the amount of effectiveness is not sufficient alone to protect the environment due to the specific nature of environmental issues and its relationship with the need to form new enforcement guarantees in spite of the effectiveness of classical enforcement guarantees in international environmental law due to their limitations. Thus, two new types of enforcement guarantees including paying for compensation without agreement and recourse to court in cases of severe environmental damage, as well as controlling compliance and non-compliance with environmental conventions by member states were efficiently identified and developed from the environment for effective protection

The purpose of governments in concluding tax agreements In addition to preventing double taxation, cooperation is aimed at preventing tax evasion. One of the most obvious examples of this cooperation is the exchange of tax information between the contracting governments. At the present, the process of cross-border transfers, including capital, labor, technology, and to some extent the trade of goods and services between countries, is accelerating and the importance of borders between countries as a limiting factor in communication and trade is constantly decreasing. Due to the huge size and volume such transactions, it goes without saying that they constitute an important source of tax revenue for all countries. Therefore, under these conditions, reviewing and analyzing the provisions of Article 26 of the OECD Agreement and the cooperation of governments in the exchange of banking and tax information and its impact on tax revenues of governments is of particular importance.

China issued a map to the UN Secretary-General announced the drawing of a Nine Dash Line in the South China Sea, In 2009. This Nine-Dash Line cover's all the main islands of the South China Sea. Also, the method of delimitation with this Nine-Dash Line is such that it interferes with the Exclusive Economic Zones and the Continental Shelf of other neighbors. This way of drawing lines was not reformed even with China's accession to the Convention on the Law of the Sea (1982). The Philippines as the most affected and protesting country, Claims incompatibility of China's Nine-Dash Line with the United Nations Convention on the Law of the Sea (1982) and considered all Chinese actions contrary to its obligations under this convention. According to this Convention and aimed at resolving disputes, The Philippines submitted its bill and petition to the Arbitral Tribunal pursuant to Annex 7 of the Convention. The summary conclusion of this study is that although the delimitation of borders, including maritime borders, is unilaterally practical in principle, a country cannot introduce itself as a coastal country outside the scope of international law and in areas that overlap with other coastal countries, to draw border lines unilaterally, and it is assumed that the Nine-Dash line drawn by China has no legitimate justification. The method of this research is descriptive-analytical and relying on library resources.

Investigating the importance of the position of the environment and the principle of equity in determining the boundaries of land borders (Emphasis on the jurisprudence of the International Court of Justice) The International Court of Justice, as the judicial body of the United Nations, has an irreplaceable role in determining the boundaries of land borders between countries. The Court does this with the tools at hand, that is, with respect for the stability of border and territorial treaties, the principle of legal possession and effective domination, and in this regard, its auxiliary tools are principles such as fairness and so on. It must be said; if in the past, the factor of force and power determined the boundaries, but today, the agreement determines the boundaries. Principles such as fairness, etc., all reflect the factor of agreement to determine the boundaries of land borders. In some cases; Some justifications have been raised by the parties to territorial and border disputes before the International Court of Justice, but the Court has not substantiated these justifications, and although in some cases, such as the environment, it has turned its attention to these documents, He has never considered them as a factor in determining the boundaries of land, and the issue of the environment is one of the unacceptable justifications for the acquisition of land ownership by the International Court of Justice. In this descriptive-analytical study, an attempt has been made to examine the importance of the status of the environment and the principle of fairness in determining the boundaries of land borders (with emphasis on the jurisprudence of the International Court of Justice).

Nowadays, new crimes involving the environment and natural resources are also referred to as green crimes. The main purpose of this paper is to identify and evaluate the scope of criminal law in this area in terms of sustainable development goals. The method of this research is content analysis. Initially, an attempt was made to give a general description of the subject by examining the types of such crimes and the environmental punishment approaches. After reviewing the statuary laws and previous researches, the initial findings are explained and analyzed to determine the scope of criminal law in the environment and natural resources and to find the relevant legal challenges. Consequently, the applicability of the criminal laws to the Sustainable Development Goals has been examined. It is concluded that although the environmental criminal law in terms of the diversity of laws, has been generally able to cover relevant issues, because of multiplicity of regulatory policies, lack of an appropriate enforcement mechanism on the one hand and failure to resolve some legal uncertainties such as unnecessary dependency of environmental crimes on their results on the other hand, it has not been successful to fully achieve the goals of sustainable development. Therefore, the success of criminal law in protecting the environment requires complementary and effective measures, including determining an appropriate approach to environmental punishment, recognizing criminal liability for legal entities violating environmental laws, and establishing and strengthening modern and advanced regulatory bodies.

Despite the limitation of natural resources on earth and the inharmonious spreading of these treasures, the world meets an ongoing tournament beyond different territories to get benefits in such a way to exploit more and more. Due to the limited land resources and the forecast for the depletion of all available reserves and capacities, deep-sea mineral resources can be considered as a reliable alternative to compensate for the land resources limitations.

This study, using an analytical descriptive method, studies the major issues regarding the exploration and exploitation of various natural resources from the seabed and the laws governing this sector and their exploitation conditions.

The research indicates that due to the sensitive and vulnerable ecosystem of marine areas, especially in the seabed and sub-seabed and the lack of knowledge necessary to carry out extraction processes in these areas, legal and executive gaps are felt in this area.

It is necessary to review the rules and regulations of international law, especially international environmental law, and implement new solutions, the process of exploration and mining with the requirements of sustainable development and exploitation in accordance with the ecological conditions and potential of these habitats.

Today, the interests of countries have caused thousands of ships to travel in the open sea every day, adhering to the principle of freedom of the seas and the exclusive jurisdiction of the flag state. However, criminal phenomena or some legal events have caused insecurity in the sea and prevented countries from fully enjoying these freedoms; Therefore, the international law of the seas, in some cases, in order to deal with maritime crimes, has granted other states powers. The Islamic Republic of Iran, as a member of the international community, which has long coastlines and through which it has access to the open waters of the world, is always exposed to maritime crimes and legal events in the open sea; Therefore, it is necessary to explain the disciplinary powers of the Iranian government in the open sea and the method of its implementation according to international rules and domestic laws. This research, which aims to prove the hypothesis that the Islamic Republic of Iran has some disciplinary powers in the open sea, has collected the necessary data from various sources of international law in a library method. And with a descriptive-analytical method, it has dealt with the legal dimensions of the government's competences in the open seaAnd finally, by processing the data and the attitude towards domestic law, it has considered Iran as having disciplinary jurisdiction in the open sea and explained the quality of its actions.

Makran's rich coasts from Jask to Goater, including coastal promontories, it is more than 600 square kilometers, which is one of the five strategic areas of the world. The importance of the Oman Sea to the world in the fields of transportation, energy supply, huge mineral resources and environmental balance is evident. Whenever there is talk of environmental problems in the waters of southern Iran, all attention has been focused on the Persian Gulf and less on the Oman Sea, so that we are faced with scarce resources. In this research, using the reports of the general environmental protection departments of the coastal provinces and a comprehensive list of environmental criteria, they have been selected as the final list for decision-making, so in this regard, after using the opinions and evaluations of a group of experts Delphi was also used in order to obtain the relative and final weight of each of these factors by entering the values of preferences into the Expert Choice software. The obtained results indicate that the factor of infrastructural development with 44.5% had the most impact on the biological threats of Makran beaches, and the pollution of the four quays with 25.1% had the most impact among the infrastructure pollution criteria as one of the It is the most important environmental risk in the study area. According to the surveys, the application of environmental laws and regulations is listed as the most important measure to eliminate environmental threats. Of course, according to the study, the development of the region has been done without evaluating the environmental effects.

In this regard, it can be said that while the owner of the operator can be considered the real owner of the ship, the situation of the registered owner should be treated with caution. Therefore, any person whose liability is claimed, in order to invoke the limitation of liability, must provide the necessary financial resources to the reviewing authority by forming a credit fund. Because the creation of liability systems to pay damages and in addition to providing a limit to the liability of shipowners has been. The Iranian law of maritime law has accepted the limitation of the ship owner's liability and we are faced with explicit provisions regarding the limitation of the ship owner's liability, which in Iranian maritime law has accepted this principle of liability based on the theory of fault. The 1969 Convention (CLC) also stated at the outset that, except as provided in paragraphs 2 and 3, the shipowner shall be liable for any damage caused by the discharge or oil spill at the time of the accident. The Convention also provides in paragraph 4 of Article 3 that no claim for damages against the owner may be brought except in accordance with this Convention. This principle of liability is based on acceptable theory of risk. Therefore, in the following article, we will examine the limitation of liability of the owner of an oil tanker in the discussion of compensation for oil pollution in Iranian maritime law and the said convention.

Minerals in nature are one of the most valuable treasures on the earth, which due to the limitation of these resources on land and its heterogeneous distribution in different countries, has made human beings think about extracting the new resources. The limited mineral resources on land and the heterogeneous distribution of these substances in different countries have made human beings think about extracting and using the resources of other parts of the earth and even other planets. Deep-sea mineral resources can be considered as a reliable alternative to compensate for the limitations of land resources. The developed countries were more concerned with the use of these resources than others because, given the dependence of their economies on third-world mineral resources, the development of offshore resources could mean the liberation of their economies from this dependence. In political and scientific circles, the concept of the common heritage of humanity was gradually introduced, based on which activities related to mining in the deep sea. The method of this research is a descriptive-analytical study using library resources, the study of articles, and a review of environmental treaties and related internet resources. The result of this research shows, that none of these legal systems in the field of responsibility can respond to the challenges independently. This research tries to provide a legal solution by considering the opinions of environmental experts, an executive solution about achieving new financial resources based on combined systems of environmental responsibility.

The main issue presented in this article, which is going to review the rights to a healthy environment and the prohibition of air pollution, in particular dust, now has become an issue that needs national solidity and regional interactions for a solution; and to enable the decrease of the pollution for the affected countries as well. Dust is a phenomenon that is the result of an environmental crisis. The absence of international rules, as well as uncertainty in states’ obligations toward each other, have complicated this crisis on the regional and international levels. The main goal of this article is first, recognizing the Customary and general principles that are existing in Iranian laws to arrange regional programs to decrease and diminish the dust phenomenon. Second, the article intends to raise sensitivity in people toward the critical and dangerous conditions of environmental pollutions. Third, it is going to lay legal and executive grounds to increase the local institutions and international organizations’ responsibilities for such issues. However, the main question in this article, with descriptive-analytical approach, is: in the absence of binding and identified international and regional obligations regarding dust, in what ways affected governments could protect the right to a healthy environment for their citizens? Based on this question, one can conclude that even though the affected governments do not maintain reciprocating conventions, the international customary law and local legal general principles of those countries conform to the governments’ obligation; and suggest that they take action against any harm, in particular, the environmental irreparable harm to their citizens.

In this article, an attempt has been made to review the measures in question in the Middle East, citing the international custom in the field of requirements and responsibilities in order to control dust. In this article, the legal requirements and regulations in the field of long-term and transboundary pollution (such as the precautionary principle and similar principles) are studied, along with examples of internationally accepted commitments and memoranda, and considering the problems in the Eastern region. And the requirements of the commitments and memoranda of understanding approved in this region have been analyzed in a descriptive-analytical manner with a comparative approach. In the end, according to the environmental situation of the region, the author makes some suggestions in the field of quantities and shortcomings in the commitments and memorandums of the region. Certainly, formulating the principles of a regional convention to prevent and curb the dust phenomenon, using the successful experience of Southeast Asian countries, is not only functionally important, but also legally helpful for critical situations. Utilizing contractual obligations in drafting regional conventions to deal with the phenomenon of particulate matter will be more efficient and enforceable than conventional obligations. The need to adopt judicial, legal and executive measures at the regional level; Including the implementation of policies prohibiting the change of use of forest, wetland and river lands; And the draft executive plan for multilateral cooperation between the countries of the region to deal with dust is one of the proposed measures. Despite the efforts of international environmental organizations; The results of this study show that without a regional convention to control particulate matter and other environmental crises, it will not be possible to solve the problem.

The purpose of this study was to identify the effects of discharge and discharge of wastewater from rural communities on biodiversity in the Dena Protected Area in the Central Zagros. This research is an applied grandson that has been done by library and field method. GIS tools and Landsat satellite have been used to extract and draw maps. In order to develop a comprehensive management plan and determine objectives and operational plans, the approach (SMART + P) and factor analysis method were used. For this purpose, the general principles of water resources management related to rural areas were extracted from global guidelines. In the next step, through library studies and questionnaires, the key stakeholders of water resources management in the study area were identified and the factor burden of each was determined, the highest factor weight belongs to the Ministry of Energy and rural water and sewage companies (16.50), followed by the General Department of Environmental Protection (15.30) and finally, local and rural communities have the lowest weight (10.43). Most of the rural wastewater in Dena protected area belongs to agricultural wastewater (53%), followed by domestic wastewater (28%) and finally, industrial wastewater (11%). The results of the good fit evaluation of the model show that GFI is equal to 0.977 and considering that it is more than 0.9, so it is acceptable in the region. Finally, the proposed model was designed to prepare a plan to assess the effects of rural wastewater on biodiversity in the region in 5 steps.

Economic development and international trade have led to the formation of a global interdependent economicsystem, which is becoming a unique international system due to the development of human societies and basic needs in the present era, and in this regard, the international institutions have played a major role. If the business rules are clearer and more predictable, they can, at the same time, meet mutual interests of both energy exporting In fact, globalization of energy trading has increased the importance of its role in economic relations between countries through the international investment,deregulation ofdomestic markets of countries,and a new connection between the area of energy in different countries and the political economy in the word.The present studydescriptive way,explored internat ional energy rules as well as energy trade multilateral system and tried to determine whether energy products are different from other products and require certain trade rules.It also examines the obstacles to make regulations

Economic development and international trade have led to the formation of a global interdependent economic system, which is becoming a unique international system due to the development of human societies and basic needs in the present era, and in this regard, the international institutions have played a major role. If the business rules are clearer and more predictable, they can, at the same time, meet mutual interests of both energy exporting   In fact, globalization of energy trading has increased the importance of its role in economic relations between countries through the international investment,deregulation ofdomestic markets of countries,and a new connection between the area of energy in different countries and the political economy in the word.The present studydescriptive way,explored internat ional  energy rules as well as energy trade multilateral system and tried to determine whether energy products are different from other products and require certain trade rules.It also examines the obstacles to make regulations in the area of trade energy in wto regarding characteristics of different kinds of energy.

The purpose of this study is to assess the habitat status and species diversity in the Parvar protected area. This research is of a fundamental type that has specifically studied birds. The required data were obtained through extensive library studies and field visits and the use of census results. The results indicate that the study area has valuable habitat and species diversity. The average habitat evaluation score was 3.89, which indicates a relatively high score. Also; Ecosystem services and products are mostly direct. On the other hand, it has 161 species of birds from 13 orders. Among them, 19 species are migratory hatcheries, 49 species are transient migratory species and 10 species are wintering migratory species. 12% of the total species identified in the region are birds of prey, which is very significant and appropriate. Three species of birds are in a state of conservation and eight species are in a state of extinction. Also; eight species are also in "endangered" status. The main distribution of birds is in the central and northern part of the region. The development of ecotourism and especially bird watching is suggested as one of the basic solutions. In general, the region needs protection measures and the development and implementation of a management plan based on the requirements of environmental law.

There is no doubt that protection of environment is considered as the most critical need of human being for achievement of better qualities of life and realization of sustainable development goals in the 21st century. This is involved with numerous challenges, since the contemporary human still lives on the basis of irregular development and preference of personal short-term interests rather than long-term ones. Although several international regulations have been ratified for the protection of environment in the second half of the 20th century and after the establishment of Stockholm Conference, most of the regulations in international environmental law which aimed to prevent environmental pollution and degradation could only address the compensation for the environmental damages. However, the intensity of environmental disasters in today's world is to the extent that the need for performing more decisive actions is seriously felt; actions which could prosecute those who produce environmental pollution and degradations as criminals. This study attempts to investigate the challenges which criminalization is internationally faced and to highlight the effective and mostly positive components in codification of environmental crime indices.

The International Court of Justice and other international judicial and arbitral bodies play an important role through the issuance of international judicial judgements and precedents in the development of public international law, including international environmental law. These judgements and precedents, as well as some other cases of the International Court of Justice, will help to include new legal principles and rules of international law which can develop the environmental protection. However, alongside the legal capacity, there are obstacles and limitations which cause the positive development of international environmental law move slowly. Advisory opinions and Judgements issued by international courts show that State sovereignty has always been an obstacle to the development of international environmental law. Moreover, the traditional approach of International court of justice, based on the preference of the State sovereignty, is a significant challenge for developing the international environmental law. In fact, moving from absolute sovereignty to the rule based on rational and reasonable use of land could be a good opportunity for development of this legal field. For the first time, the concept of environmental protection was introduced in many cases such as the Trail Smelter case as an earlier environmental dispute and in this way environmental protection was developed in other environmental legal cases too. This research, attempts to analyze the international judicial judgements and precedents of the International Court of Justice to find the impact of these judgements and precedents in the development of international environmental law. It also provides guidelines for applicable solutions by identifying legal gaps and existing inefficiencies.