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

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.

Environmental protection is accepted as one of the legal and scientific requirements in the country. This research has been done with the aim of developing criteria for identifying beneficiaries in lawsuits and environmental crimes. Its type is analytical and library method. For this purpose, in-depth study was used to collect and screen data. Experts (Delphi panel) were used to confirm the data. In the following, the factor analysis method (SEM) was used to fit the incorrect model. The results showed that a total of 18 components including 10 types of beneficiaries and 8 types of crimes were identified. The types of beneficiaries are: public persons (custodial and non-custodial organizations), private persons (real and legal). Also, the types of crimes are: intentional, inadvertent, repetitive, non-repetitive, compensable, irreparable, forgivable and non-forgivable. The results of the goodness of fit evaluation of the model show that GFI is equal to 0.942, RMR is equal to 0.079, TLI is equal to 0.959, CFI is equal to 0.903, and IFI is equal to 0.911. are in the acceptable area. Real private organizations have the most weight (82 percent), followed by non-trustee type public organizations (77 percent), legal type private organizations (64 percent), and finally, trustee type public organizations with a weight of 51 percent. are located Also, environmental crimes were measured with a total weight of 77% in the model, which shows the high validity of the model.

 Today, the issue of the environment is one of the most important concerns in human society, which is raised at various local, national, regional and international levels. However, in addition to the levels of discussion, the issue of the environment in various political, economic, social, scientific, technological and legal dimensions, etc., each brings its own issues, limitations, challenges and opportunities. Certainly, the issue of governance is one of the key issues, which at the national level depends on major decisions of the governments. Governments that generally do not see the issue of the environment very much in the context of comprehensive security and are not willing to provide a strong program and a good budget for it. At the national level, strict adherence to environmental standards is often seen as an obstacle to economic development and industrial growth, while the implementation of environmental projects is costly and governments are reluctant to spend and love. Spend on issues that appeal to voters and raise their levels of satisfaction. Therefore, the issue of improving environmental conditions is highly dependent on the level of conventional social consciousness, which today, fortunately, given the growth of social networks, this is in a good and favorable position. Citizens at the local level are particularly aware of the effects of environmental degradation, as they are directly exposed to it. The idea of ​​this article is that environmental protection is a global issue, and global and national governance have a very close relationship in this regard. Here, in the Green Theory Paradigm, as a critical theory, an attempt is made to discuss and explore environmental issues at both national levels with an emphasis on the case study of Iran and the international level. The findings of the paper show that Iranian governance is far from achieving the desired standards, and at the international level, despite good efforts, there is still a way to achieve effective agreements and the realization of a proper legal regime for managing environmental challenges. There are many challenges and obstacles, the most important of which is the Westphalian system based on sovereignty and conflicting national interests.

Traditionally the regulator in the most of legal systems implies the command & control approach and compulsory instruments to protect environment like standardization and criminalization. These instruments besides their positive aspects like high enforcement, are faced with some problems such increasing implementation costs for firms. These negative impacts urge a shift to implication of non-compulsory instruments to reduce the costs and increase the social involvement. Iranian legal system also has emphasized on compulsory regulatory instruments in doing so which is one of the causes of legal inefficiencies in environmental protection. This article taking a descriptive and analytical method, exercises the positive and negative points of the both instruments and suggests a combined model to choose the instruments based on environmental sensitivities, state preparedness and economic factors. There is no serious legal limitation in adoption of this model in the Iranian environmental legal system.

One of the vague aspects of environmental international private law is determining the applicable law to civil liability arising out of environmental damages. Such claims usually are accompanied by damages sustained by persons or property for those reasons. In addition, due to the development of natural resource claims in several countries, in most cases, the existence of, at least, an external connection element is assumed and the sum of these factors, make the determination of applicable law convoluted and unpredictable. In order to resolve this duality, European Union law, for the first time, in Rome II regulation, prescribed a conflict law rule under which, the law applicable to a non-contractual obligation arising out of environmental damage or damage sustained by persons or property for that reason shall be lex loci damni, unless the person seeking compensation for damage chooses to base his or her claim on the law of the country in which the event giving rise to the damage occurred (Article). Iranian law, have no solution to choose the governing law in this category; nevertheless, comparative surveys in legal and economic foundations, counter with Rome II regulation, can reinforce approaches under which the person seeking compensation can choose the national law of every countries in which, merely, one of the connection elements, may be found.

After captivity of the Israeli soldier, Gilad Shalit, by Palestinian forces and failure of subsequent negotiations as well as overt and covert efforts made to secure his release, Israel finally attacked the occupied territories, especially the Gaza Strip from land, air and sea on December 27, 2008. The attack continued for 22 days until January 18, 2009. The 22-day war had many negative consequences whose climax was violation of the environmental regulations of international law.Subsequently, chairman of the UN Human Rights Council established a committee in April 2009 to investigate various aspects of the 22-day war in Gaza and violations therein on behalf of the United Nations and gave it absolute powers to explore all dimensions of that event. The committee, headed by Judge Richard Goldstone, member of the South African constitutional court and former prosecutor of international criminal court investigating war crimes in Yugoslavia and Rwanda, was joined by three other prominent legal experts, and finally presented his report to the UN Human Rights Council in September 2009 in 21 chapters and about 600 pages.Information obtained from Goldstone’s report and from other creditable sources pointed to extensive destruction of the environment of Gaza during the 22-day war with the Zionist regime. The present paper just focuses on certain aspects of the 22-day Gaza war and argues that an “international environmental tribunal for criminal and legal protection of the environment against damages of the 22-day war in Gaza” should be established to protect the environment, as common heritage of humanity, and to pave the way for judicial investigation into frequent violations committed by the Zionist regime. This paper also discusses inability of the existing international judicial authorities to provide criminal and legal support for the environment. On the other hand, it explores the reason behind such extensive environmental violations.