جستجوی مقالات مرتبط با کلیدواژه "حقوق محیط زیست" در نشریات گروه "علوم انسانی"

Today, it is accepted in the international community that environmental threats also endanger international peace and security. The United Nations, as the most important global organization responsible for international peace and security, has begun to draw up an internationalized criminal policy by approving binding documents, guidance documents, etc. In the realm of global criminal policy, one of the areas that can be studied scientifically is the role of "education" towards the environment. This research, using a descriptive-analytical method, has reached the important result that the education of activists and legal system professionals in the field of the environment holds a higher position than education aimed only at raising awareness and instilling morality in societies. The green international criminal policy is a set of measures and actions taken by the United Nations as the most important international actor towards environmental protection. In the internationalized criminal policy, which can be categorized into two approaches—proactive and reactive—there is a need for training both citizens to manage preventive proactive criminal policy (using social prevention methods and green media tools, making environmental law lessons compulsory for all disciplines) and the judicial system to manage the reactive criminal system (employing green-trained officers, increasing the number of special officers, providing continuous specialized training for them, and maximizing the use of judges with postgraduate education in environmental law, energy law, etc.). Iran's legal system also faces serious challenges in some of these areas, which, by addressing these education-oriented challenges, can help to confront and combat anti-green criminals.

The environment has been seriously damaged during armed conflicts in recent decades, especially after the human use of modern weapons, including chemical and nuclear weapons. This issue raises the basic question of what is the role of Islamic teachings in preventing or these harms, along with international laws and documents. In this research, which deals with the collection of library-documentary resources related to the environment with a descriptive-analytical method, while reviewing the jurisprudential and legal rules related to the preservation of the environment during armed conflicts, their capability and role in protecting the environment during armed conflicts and finally it comes to the conclusion that there is a complete convergence between international law and Islamic rules in the field of environmental protection in armed conflicts and for this reason the international community can reduce these damages. International community may take advantage of the capacity of Islamic teachings in prohibiting environmental destruction as well as the ability to criminalize some examples of environmental destruction in armed conflicts.

One of the challenging issues in the field of modern international law is the emergence of a new type of refugees that has been forced to leave their country for reasons of environmental risk and climate change consequences. This population shift is one of the most prominent signs of a lack of security that is both a cause and a consequence of that and one of the most significant human hazards. The international asylum system today needs serious attention to prevent and protect environmental refugees affected by the increasing speed of environmental degradation and climate change. The purpose of this research, using a descriptive method of documentary analysis, is to provide a definition of environmental refugees to identify them in international law due to seek a legal framework in international documents and procedures to support them. The findings indicate that no explicit definition of this category of refugees is found in the international documents and procedures, but can be implicitly identified from regional documents as well as legal doctrines. The rights that environmental refugees can provide in international documents and procedures are embodied in both the asylum legal system and the international human rights system. Since it is not always possible to support individuals by their governments, the effectiveness of a priori and aesthetic approaches to protecting environmental refugees also requires acceptance of shared responsibility by different countries based on human dignity and fundamental human rights.

Climate change, as one of the most important problems of the present age, causes a lot of damage to the realization of human rights. The relationship between these two categories, although not mentioned in the main and binding sources of human rights, but with a deeper look at the consequences of this global problem, we can see that today there is a very important relationship between the possibility of human rights and climate change. This will affect both individual and collective human rights, create many obstacles to their realization, and raise issues that require addressing human rights in a new light. In this area, the practice of states and international courts is also significant. With regard to these points, the present article, by considering the existing documents and procedures and the various aspects of human life, in order to take a more realistic view of the issue of the realization of human rights in the present age, will examine the effects of climate change on the realization of various human rights and will try to Highlight human rights crises affected by this phenomenon and have been overlooked in its basic discussions.

Waste minimization is the first process of waste management hierarchy which requires various legal mechanisms to minimize the amounts of produced wastes. The main question of this article is whether are there appropriate legal mechanisms for waste prevention in Iran’s environmental law or not and what are the legal challenges in this field? This article based on a descriptive and analytical method, exercises the legal challenges and lacunas in minimization of waste in three stages of waste generation: production, supply and consumption of the products. The study explores the deficits of the Waste Management Act of Iran and other production laws in this regard. Finally, it concludes that the lack of appropriate obligatory, voluntary and accelerative instruments for prevention of waste production, will undermine the waste management system in Iran and so taking necessary legal devices for waste prevention is demanded.

The attitude of the right to the environment is not necessarily realized in the light of the opinions and theories of developed countries, but probably has its roots in the approaches of developing countries. Also, in the light of the above-mentioned civilizations, environmental rights, which consider their development to be dependent on the interactions of developed countries, have an important position among developing countries, especially Islamic countries. Although the transformational view of this issue has not been very fast in Islamic countries, the performance of these countries has been relatively successful in adhering to international commitments. With this description, the current research aims to explain this importance, and deals with the evolutionary approach of environmental rights in Islamic countries. Also, this research seeks to answer the question, how is the approach of Islamic countries to the issue of the right to the environment evaluated? Therefore, it seems that the performance of Islamic countries in adhering to the right to the environment and a developmental view of environmental rights is appropriate.

The importance of the environment as one of the fundamental human rights clarifies the need to punish and deal with environmental crimes. What is stipulated in Article 688 of the Islamic Penal Code approved in 1392 under the title of the crime of threatening public health is different from the environmental crime. The authority to detect the crime of threat to public health and environmental crime is the Ministry of Health, Treatment and Medical Education and the Environmental Protection Organization, respectively. Of course, this does not mean that the mentioned organization is a complaint in environmental crimes, but as the guardian of the matter, it is merely reporting the occurrence of the crime. It is obvious that, in case of facing an environmental crime, the judge must refer to the environmental laws and refer to the provisions reflected in those laws and use the legal capacities available in them. The mentioned contents are among the items that have been criticized in the opinion of the subject of discussion. The suggested solution to overcome the weak points in the handling of environmental crimes is to create specialized branches with the use of judges who have respect for the teachings of environmental law.

Today, environmental law is mentioned as one of the important tools for Natural spaces management and environmental protection. Applying legal aspects and considerations to natural geography requires comprehensive laws and guidelines. The right to a healthy environment is recognized as a fundamental right in the human rights community, although it has not yet been fully recognized. Special attention to this right has led to the recognition of the potential of civil, economic, cultural and social rights. The aim of this study was to identify the indicators related to the right to the environment of Iran. The research is of applied type. Initially, based on the classification of vegetative regions of Iran, the natural geography of the country was divided into five regions. The statistical population of the study included experts, managers, professors in the field of environment and natural resources. A statistical sample of 400 people was determined. SPSS21 software and information layer overlay system were used for data analysis. A total of 4 main indicators and 17 sub-indicators were identified. The "Ecosystem Health" indicator had the highest score (1397), after that "vegetation" indicator with 1305, the "animal wildlife" indicator with 1267 points and the "environmental quality" indicator with 1181 score were. The highest weight for sub-indicators belonged to "land use change" with 5.78 and the lowest weight belonged to "noise pollution" with 2.11. The "land use change" indicator was introduced as the most important indicator in all regions and the "noise pollution" was introduced as the least important indicator. According to the average score obtained for the seventeen indicators of environmental law, it was found that these indicators are the most important in the Zagros ecological region (4.37) and in the Irani-Turani (4.197), Hyrkani-Caspian (3.974), Arasbaran (3.93) and finally, Persian Gulf - Omani (3.178).

The environment is the silent victim of war, which, its destruction, brings a flood of catastrophes to human beings and human societies. Developments in science have made this issue even more apparent, and hence the question of protection of the environment in relation to Armed Conflicts has repeatedly been at the forefront of the concerns of environmentalists as well as International Humanitarian Law scholars. In this respect, in 2019 the UN International Law Commission, with the approach of codifying and progressively developing International Law, published the first reading of its draft principles on protection of the environment in relation to Armed Conflicts. Moreover, in 2020 the International Committee of the Red Cross has updated its 1994 guidelines to take a fresh look at the rules of International Law, and in particular Humanitarian Law in this area. The present article, has focused on the outcomes of these two important projects with a comparative approach and seeks to answer the question of the extent to which new researches conducted by the ILC and the ICRC have been able to achieve their goals of creating a more effective legal protection system for the environment in times of Armed Conflicts. The findings of the article show that the innovations contained in the above-mentioned documents can normatively provide more protection for environment in Armed Conflicts.

Due to the destructive effects of natural disasters in our time, protecting the environment has become necessary to ensure the stability and security of human society. Ensuring environmental security requires prevention of environmental degradation and natural disasters. Therefore, a kind of academic and practical interaction has emerged between environmental law and natural-disasters law that help them reinforce each other. Environmental law, with its mechanisms to prevent environmental degradation and adaptation to environmental change, contributes to the prevention and reduction of the adverse effects of natural disasters. It is also contributes to the growth of the natural-disasters law. By providing legal rules for emergency situations, natural-disasters law can improve the enforcement of environmental law by making it necessary to ensure environmental security. This paper will examine how environmental security can be ensured through preventing natural disasters and transforming environmental law by the implementation of legal rules on emergency situations. The implementation of such rules in environmental law through legislation and regulation can ensure environmental security. It can also prioritize the protection of vulnerable ecosystems.

In order to protect the environment, humans are required to comply with environmental ethics, as set forth in environmental laws. Unfortunately, oil pollution has had many negative impacts on the Earth's environment in recent years, so various countries have been examining and deciding on new environmental laws over many years. Many decisions overlap with international law and have become part of international law over time, and many decisions and decisions have not had a positive impact due to structural and legal weaknesses. In this article, we examine the case of oil pollution in Iranian domestic law and its compliance with environmental and legal doctrines.

Judges in Iranian courts are required to deal with disputes under domestic law that derives from jurisprudential and ethical principles, as well as international conventions under which the principles of the constitution and the provisions of ordinary law are in conformity with the law. Unfortunately, according to the opinion of the Iranian courts, it is concluded that the public opinion has not respected the principles of environmental rights as well as the principles of environmental ethics but has an impact on the development of environmental norms of pollution prevention and compensation.

The right of access to a healthy environment is one of the most important rights in the current discourses on human rights and citizenship. Pursuant to this right, everyone has the right to live in a healthy, clean and unpolluted environment. The emergence and importance of this right in the area of public law was the result of the evolution of human being’s collective life style, the change of human-state relations with nature, and forgetting the ecological semi-systems around the self in the rapid process of development after the Industrial Revolution. Therefore, the fundamental question which arises is that on the basis of which foundations such a right is formed for humanity and how it is justified in terms of philosophical-theological views reflected in Islamic sources as well as in modern texts? In this paper, it has been tried to address some aspects of this issue. Accordingly, first,  in addition to conceptual analysis, we deal with the philosophical-theological foundations of the right to the environment (1). Then, the general philosophical-theological rules of this right from the perspective of Islamic law would be discussed (2). The basic presumption based on which this paper is grounded is that the right to environment cannot achieve its goal which is ensuring the healthy environment without thaking into account its philosophical dimensions as well as it metaphysical status.

Misallocation of industries can cause environmental degradation and land misuse, and therefore, to control the deleterious impacts of which on the environment, it is required to use land planning besides the environmental rules on the allocation of industrial units in accordance with the environmental characteristics of land. This article, addressing the interplay between land planning and environmental law, discusses the mechanisms of land planning application in reasonable location of industries and the challenges that hinder this process. The article exercises the land planning regulation in Iran’s environmental law and concludes that land planning can pave the way for the environmentally sound location of the industries through three mechanisms: industrial development strategy designation, zoning for the industries, and their wastes. However, due to some legal ambiguities in land planning, the Iranian environmental law does not apply this instrument in the environmentally sound location of the industries appropriately. The article suggests effective enforcement of land planning in the environmentally sound location of the industries through the legal and institutional improvement of land planning rules in Iran’s environmental law.

The outbreak of Covid-19 disease in relation to environmental law can beanalyzed from different dimensions. Theoretically, it shows the deep roots ofthe philosophical, moral and legal crisis of man in the face of nature. Inpractice, the role of environmental law in preventing the spread of "humananimal"diseases is recalled. Environmental effects, showed two positive andnegative differences in the natural and human environment. On the positiveside, the outbreak of this disease has temporarily improved the quality of theurban environment (air pollution, noise, fuel consumption) and, inproportion to some animals, has led to the prohibition of trade and sale andconsumption of wild animal meat. On the other hand, the negative effects ofthis disease have affected issues such as the accumulation of medical waste,wasteful consumption of water and the suspension of environmentalregulations against companies. In this article, some of the aboveenvironmental dimensions have been tried to be analyzed and evaluatedfrom the perspective of environmental law. The key question is, given theenvironmental effects and contexts of the outbreak of the disease, whatchanges the environmental law system needs and what preventive legalresponse is necessary. The basic premise of this article is based on the needfor human beings in the philosophical-legal field to review their relationshipwith nature and animals, and in practice, with the outbreak of this disease, itis necessary to take some legal measures.

The EU enhanced waste prevention to the first step of waste management hierarchy and laid down considerable regulations, directives, and communications to call the Member States to take the necessary measures in minimizing the waste in production processes. Developed with a descriptive-analytical approach, the present paper tackles the status of waste prevention in the EU laws and evaluates the EU integrates waste prevention enactments in its general policies on the natural resources preservation and eco-efficiency of its production systems. It concludes that the EU regards the matter of waste prevention not only as an environmental protection policy, but also as a part of its long-term resources efficiency and circular economy policies. Evolution of the EU legal approach in waste prevention reveals a significant shift in environmental and natural resources law and it sounds that a new enviromental law principle is progressively being emerged in this legal system as a soft law.

Urbanization and registration law are two historical companions and signs of human intellectual maturity in the formation of great civilizations in the East and West of the world.After the Persian Constitutional Revolution and the first years of the National Consultative Assembly, the important Acts, like Registration Act in 1911 and Municipal Act in 1907 were approved with the aim of regulating the lands and cities. Urbanization law, despite such historical convergence, remained anonymous and no thought was given to its introduction.Urbanization criteria are not the same in the past and present. The appearance of cities would be the subject of alteration due to the principle and imitation, poverty and richness, participation and self-centeredness, adhering to rules and disobeying them, rationality and irrationality, being adjusted to nature or conflict with it. The importance of urbanization as a new branch stemmed from public law will be well felt in the era of urbanization and overpopulation. A justice-oriented city which enforces law properly will not emerge without a practical law, dynamic precedents and the thinking of legal scholars. The Faculty of Law has not been brilliant as a center for the exchange of ideas about the legal system governing urbanization, and has not paved the way for future judges and lawyers to take advantage of the emerging knowledge of urbanization.

The aim of this study is to assess the potential of Dena watershed and provide sustainable livelihood strategies. This is a practical goal that used a combined model to assess the strength of the Central Zagros region. First, ecological parameters were identified to assess the ecological potential, and then layers were prepared by georeferencing, digitization, and timing. The study used data from Landsat 7 and IRS satellite imaging images. The layers overlapped and classified in the ArcGIS software, version9.2. In the next step, SCORE technique and reference to expert opinions were used to formulate the strategies. The results showed that 20.9% of the region needs protection and 19.8% is suitable for forestry. The lowest percentage of suitable use for the region belongs to the protection of water resources and then residential development. Analysis of the internal and external environment of sustainable livelihood management in the study area shows that opportunities and strengths have a higher average score than restrictions and risks. Finally, 11 management and legal strategies for sustainable livelihoods were developed in the Dena watershed.

Today, the Islamic revival in the modern age depends on the motive for returning Sharia to Islamic law. Accordingly, Islamic law is considered as the cornerstone of Islamic identity and a deep look at the nature of Islamic law brings to mind the evolutionary process of legal and jurisprudential methodology. This great cornerstone and nature is not cohesive except on the basis of morality, justice and dignity, and is the basis of the alternation of that morality. What is discussed in this article is one of the most important international norms, which has a wide framework in the form of conventions, treaties, protocols and declarations. The right to the environment is one of the most fundamental human rights and the most strategic right to the realization of human justice and a proven solution in the third generation mechanism of human rights. All religions and schools have mentioned this issue, but the religion of Islam has valued and addressed it in many aspects, especially from the perspective of jurisprudence. The problems that the global environment is facing today is the lack of a suitable and appropriate model for human society that Islamic law can be a precise strategy in this regard and be considered the organizer of environmental developments in the international arena. However, in this research, we paraphrase and rethink in the field of jurisprudence and environmental law.