جستجوی مقالات مرتبط با کلیدواژه « توسعه پایدار » در نشریات گروه « فقه و حقوق »

Despite great advances in international environmental law and an increased understanding of endangered core values, the response to such catastrophes remains focused on non-criminal solutions. Threats from environmental hazards are rapidly evolving and it seems that within the framework of promotional tools, threats can be altered into opportunities during the commission of environmental crimes; Although there have been significant strategies such as organizational response like Interpol at the international level or specific regulations at the national level to curb environmental crimes, there is also a need for approaches, including environmental diplomacy as a tool can be effective. In fact, this structured tool can be very effective in coordinating government interactions in decision-making on tackling environmental crime. Of course, in the light of the documents of international criminal law, especially the Rome Statute, It is possible to consider the state and territory of the environment and the manners to protect it; However, international protection of the environment to prevent crimes against it, especially through criminal means, requires a global consensus on interactions and the establishment of environmental diplomacy on the global stage.

Sustainable Development with the aim of eliminating human needs and improving the quality of life, as a suitable format for an attitude towards the appropriate way of exploiting resources, with the element of continuity and sustainability, it is considered to provide the current human welfare without harming to the ability of future generations to achieve their welfare. In this category, public law as a rule of binding by clarifying the practice of governance and Establishing a legal order in providing social welfare, distributive justice, Creating the phenomenon of partnership between the government and society And environmental protection plays a role. The purpose of this research is to investigate social welfare in sustainable development from the perspective of public law. This research was done by library method and descriptive-analytical research and tried to answer this question of what is the order of social welfare rights in sustainable development and with what model can social welfare rights be raised in the dimensions of sustainable development? In this study, Social Welfare rights in Sustainable Development comes from the immediate commitment of the government to provide minimum social welfare rights in a sustainable manner and the right of the public to freely choose to use primary goods and transform it into social welfare. With the adoption of legal measures, the cooperation of the government and society, the available conditions and facilities this commitment is increasing. This legal system in the sustainable development presents itself under the three-dimensional content model.

Based on the definition of foreign investment and its elements in law, it is contended that the investor should contribute to the economic development of the host state so that the latter’s action is considered an investment. In recent decades, with the growing importance of subject-areas like human, environmental, and labor rights, the act of investing has gone beyond the mere economic/financial concept and, has developed in line with the concept of sustainable development. In this regard, some commentators have considered it permissible and necessary to limit the scope of the permitted activities of the foreign investors within the frame of the concept of sustainable development. So much so that in recent arbitral decisions and international investment agreements, creating a platform for the development of the host state is considered a new component of foreign investment in line with the requirements of human rights, labor and environment rights.

The right to a healthy environment reflects fundamental values such as the right to life, the right to health, and the right to a standard and quality of life that belongs to different generations of humans in the present and future. Trawel net fishing has been carried out in the Persian Gulf for some time, which, according to experts, violates the right to a healthy environment and its fundamental values. In trawel net fishing, a large fish trapping net in the shape of a bag is used, which is attached to the back of a floating vessel and catches marine organisms at different depths with a coverage coefficient of 90%, causing serious damage to the marine ecosystem. Preservation of the environment is done by supporting the protection and improvement of the environment and preventing and preventing any kind of pollution and destructive actions that cause the balance and suitability of the environment to be disturbed. Preservation of various animal species, including aquatic animals, is an example of environmental protection.In this research, we aim to answer the question through a descriptive and library method of investigation, whether it is possible to impose restrictions or prohibitions on this type of fishing in the Iranian legal system. Which laws and regulations can be relied upon to address the damage caused by trammel net fishing to the environment and natural resources? To this end, the constitution, ordinary laws, and regulations are first examined, followed by the general policies of the Islamic Republic of Iran,

In Iran, in recent years, especially in metropolises, air pollution has increased and caused irreparable damage to human health and property quality. Considering that the possibility of compensating for the damage caused by air pollution is somehow impossible due to its special nature and characteristics, and the harm from air pollution remain uncompensated, legal rules and regulations for air pollution are one of the most important means for air protection. The country's development programs are the most important instruments in which development goals and strategies are formulated according to the ideals, capabilities, facilities and environmental conditions of the country. Paying attention to air protection issues in the country's program rules can be an effective step in this direction. The purpose of this research is to investigate the approach of the development programs in air protection, using a descriptive-analytical method. By studying the provisions of the program rules, it became clear that the issues of prevention and reduction of air pollution within the standards of the World Health Organization, monitoring and control of pollutant sources through self-report, control and management of greenhouse gas emissions, dealing with fine dust using different solutions in the development programs has been considered.

Normative and regulatory development of protection of vulnerable groups, including children, in international human rights is being strengthened in a gradual process. Analyzing what new developments this subject of international law has undergone to protect children in the field of responding to the devastating environmental challenges and climate change is of great importance. The present research, citing international first-hand sources and the method of describing and analyzing the content of international documents and library data, has tried to clarify that the right of children to enjoy a healthy, safe and sustainable environment has been established in the international human rights system in recent years and based on the principles Certain rights have been relied on during the past 5 decades, the obligations towards governments and other actors, including commercial and industrial activists, have been specified for this right, and ensuring the observance of this right in international judicial and quasi-judicial channels has been accompanied by various developments. The current research draws the attention of all national authorities including judges to the developments in the field of children's right to the environment and emphasizes that the necessary preparations should be made at the national level to respect this right with the participation and role-playing of children themselves while pursuing the legitimate concerns of developing societies, including Iran, at the global level, so as to have beneficial consequences.

Climate change, which is caused by the greenhouse effect of heat-retaining gases, is a global problem that all countries are involved in its causes and consequences.In such a situation, in order to achieve justice in the field of climate change and prevent human being from being hurt and annoyed, it is necessary to take serious measures at the international and national level to improve the environment and also reduce the emission of greenhouse gases.Also, foreign investment can help reduce carbon emissions and global warming by developing construction projects and investing in improving the climate and environment.This was clearly visible in the last global consensus, the 28th Cup meeting in the United Arab Emirates.The results of the agreements reached between world leaders indicate that the consumption and production of fossil fuels should be stopped by 2050. The implementation of measures to reduce carbon emissions is not only an obstacle to the country's development, but due to the increase of the country's income sources through the release of necessary investments to estimate the growing domestic demand and the export of saved energy resources, it opens the way for the further development of the country and the creation of prosperity, employment and security. The non-implementation of measures to reduce carbon emissions, the most important of which is the optimization of energy consumption, has not only helped the economic development of the country, but is also a major challenge to the economic development plans of a country whose economy mainly revolves around oil and hydrocarbon fuels.In fact, due to the severity of climate change and global warming, we should reduce and eventually stop using fossil fuels. Climate management and sustainable development are strongly affected by climate change. Therefore, it can be said that these two have a very close relationship. This article examines the impact of sustainable development on climate change by using the descriptive-analytical method

Today extremism and any type of violent activities based on extremist idea have been become to one of the most controversial Threats to international peace and security. Combating this phenomenon is not properly successful by responsive measure, so its recommended by International intuitions that anti-extremist measures need to utilize a comprehensive policy that encompass all dimension and related matters in addition to suppressive measures, the policy has to consider preventive one. One of the most important function relied on preventive measures is recognition extremism causes and roots and its tendency expansion. Researches show non-development and deprivation of soci-economic rights is one of extremism expansion reasons. Focus on sustainable development may employ as a complementary solution in anti-extremist policies. The article concluded that in order to utilize sustainable development for combat extremism, new approach for prioritizing of its Goals is needed and any sustainable development program have to reorganize under the flag of anti-extremism policies.

Management of sustainable development is one of the important issues of development, which has not been discussed much in the shadow of the concept of sustainable development. The purpose of this article is to examine sustainable development management in countries from the perspective of international law with an analysis of economic jurisprudence.

This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.

Ethical considerations: 

In the present paper, the originality of the text, honesty and trustworthiness are respected.

The findings indicate that in economic jurisprudence, it is possible to achieve important principles and rules that indicate the management of sustainable development. The principle of not causing harm in the development process, observing the principle of maintaining balance and balance, the principle of responsibility and non-corruption in the land, and paying attention to human dignity are among the most important of these rules and principles. In international law, sustainable development management has been emphasized in various international conventions and documents, including the Rio Convention. In international development law, compliance with human rights standards, protection of social values and compliance with environmental standards in the development process are the three basic principles that govern sustainable development management. In the principle of compliance with environmental standards in the development process, there are important principles such as the principle of responsibility and compensation, the principle of caution and the principle of cooperation and information in environmental risks.

. The results showed What is important is to guarantee the implementation of the rules and principles governing sustainable development management. Without a guarantee of implementation, the rules governing the management of sustainable development in international law will remain only as recommendations.

Economic development is one of the goals of various countries, the efforts to achieve it have generally been associated with environmental destruction. This has faced a fundamental challenge to the right to a healthy environment as one of the environmental rights. The purpose of this article is to examine this important issue, from the point of view of jurisprudence and law, how is economic development affected by the recognition of the right to a healthy environment? In other words, what effect does the right to a healthy environment have on economic development?

This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.

Ethical considerations: 

In the present paper, the originality of the text, honesty and trustworthiness are respected.

The findings indicate that the right to a healthy environment is accepted in jurisprudence and law. The right to a healthy environment has led to the formation of the concept and, more precisely, a theory called sustainable development, according to which, economic development must be carried out along with environmental issues and protection of environmental elements.

In Iranian law, sustainable development has been emphasized as a result of the impact of the right to a healthy environment on economic development; A matter that has been emphasized in jurisprudence in the shadow of simultaneous attention to the use of nature and at the same time its protection.

Achieving sustainable development requires the use of various resources. For this reason, governments use a wide range of mechanisms and resources for this purpose. It is one of the imaginable mechanisms and tools to achieve the goals of sustainable development of the insurance industry. According to international documents, sustainable development can be divided into the second and third generation of human rights. Despite these international documents related to sustainable development, they have not used a clear position on insurance. Therefore, the question arises whether insurance can play a role as a tool in the light of human rights in strengthening and realizing policies based on sustainable development, and if the answer is positive, what are its functions in this regard and then there is a proposal to use insurance as a tool in Iran's 7th development program and to strengthen the principles of human rights such as equality. This research, using a descriptive-analytical method, has investigated the relationship between sustainable development and insurance and imaginable approaches and has addressed the types of functions that insurance can adopt to achieve sustainable development. This research concludes that despite the functional differences between insurance and sustainable development, this industry has potential and flexibility that can be used as a complementary tool to realize sustainable development policies and strengthen human rights.

In the conditions of globalization, developing countries that seek to attract foreign investment, are forced to create an anchorage of pollution and destruction for economic development in front of foreign investors, and by neglecting environmental issues, development They prioritize the economy. While if they want to move forward in the direction of all-round economic development, they should consider sustainable development because this model of development is all-round, forward-looking, complete, and morally oriented.

In this article, the Islamic Republic of Iran's Constitution was investigated with an analytical and descriptive approach and with the collection method in the form of library studies. Also about which one has priority; Economic development or environmental development, which is actually sustainable development, and which one is considered by the legislator, was discussed and investigated.

There are various approaches to development, each of which has its own theoretical and scientific advocates. But what is desired by most thinkers and creators of modernization and development is sustainable development with an intensified look at the environment.

The rights approach, unlike other economic and political insights and approaches to economic development, is in sync with the environmental rights approach. This means that economic development can only be successful in the direction of sustainable development and reach its destination.

Happiness is considered a measure of countries' development level, in the sense that the realization of human happiness passes through development. Accordingly, being kept away from the pursuit of happiness has prompted the UN to set sustainable development goals as a comprehensive roadmap and an action plan for realizing the right to happiness within four categories namely social, economic, social health and lifestyle development. In so doing, states' planning and development policies should be framed in such a way that the social and economic ground is laid for people to realize happiness. With such importance and necessity, understanding the meaning of the right to happiness in the light of sustainable development goals, the legal nature of this right in respect of legal foundations and documents as well as the relation between right to happiness and sustainable development goals constitutes the main idea and problem of this article. This article investigates this subject matter on the basis of a descriptive-analytical method and library studies. The result would be that the positive sustainable development approach can be a reliable avenue toward the right to happiness, which is subject to many requirements and instruments in the scope of social, economic, social health and lifestyle development.

the approach of sustainable urban development management, paying special attention to sustainable indicators of the city is necessary to provide the citizens' wishes and opinions on city affairs in order to achieve balance and sustainable urban development. Based on this, the aim of this article is to examine the economic development policies of the Islamic Republic of Iran, focusing on development programs in environmental protection.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.

In Iranian law, sustainable development has been discussed in the five-year development plans. The 5th and 6th plans can be considered a turning point for creating a suitable mechanism to achieve sustainable development. In general, due to the lack of a desirable, coordinated and optimal planning system and the lack of a coherent and institutional connection between planning, policy making and budgeting, the development plans are merely a set of general rules, portraying ideal goals. What is important is to guarantee the implementation of the rules and principles governing sustainable development management.

Sustainable development management requires continuous monitoring of the intensity of economic, social and environmental measures with the aim of finding a new type of healthier and long-term development.

The increasing trend of land use change in recent years has caused irreparable damage to natural areas. The purpose of this article is the economic and social effects of the unauthorized change of use of lands and gardens in Iranian law.
This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Decrease in production of agricultural products and threat to food security, loss of vegetation, decrease in biodiversity, erosion and decrease in soil fertility, expansion of deserts and the occurrence of natural disasters and negative environmental consequences such as contamination of water and soil resources by polluting industries. Unauthorized, especially on the banks of rivers and sea coasts and areas adjacent to sources of drinking water and agriculture, and finally the gradual death of farmers is one of the most important economic effects of changing the use of lands and gardens.
Preservation of natural resources, environment and agricultural lands is essential and will guarantee sustainable development. In jurisprudence, the preservation of agriculture and the development of agriculture are emphasized as an important economic activity.

Cross-sectoral conflicts, such as environment-trade disputes, are generally multi-dimensional and interwoven. Thus, a single dispute, with the same facts and same disputing parties, can undergo parallel proceedings before competent courts and tribunals under diverse technical regimes and end up contrasting judgments. Given that under general international law there is no legal principle to determine which international body has the main or exclusive jurisdiction in parallel proceedings, cross-sectoral dispute settlement can be challenging for international law system. In the researcher’s viewpoint, regulating and modifying the jurisdiction of dispute resolution courts and tribunals against one another, via sustainable development as the Common Good of international community, can be a solution to this challenge. In this regard, the present article, in a descriptive-analytical research, intends to elaborate on the capability of sustainable development in the accomplishment of this issue.

Sustainable development is an approach to development whereby economic, social and environmental considerations are taken into account in order to ensure that present as well as future generations continue to enjoy the benefits of development. This approach is directly related to the realization of human rights in the development process. Non-conformance to environmental considerations in the process of development has adverse effects on human rights. However, a human rights-oriented approach to development will provide the necessary basis for ensuring environmental considerations in economic development. Although the exercise of full sovereignty by states over their natural resources and national development programs is accepted by the international community, this approach has some adverse trans-boundary environmental effects, which impact the human rights of affected communities. Restricting the absolute sovereignty of states in the exploitation of their natural resources, as well as in the formulation of their national development plans in line  with environmental considerations, is necessary so as to guarantee the promotion of human rights in the development process.

Achieving sustainable development requires the utilization of a variety of financial, human, technical and scientific resources. In this vein, social security can be utilized as a means of resource procurement. It is not, however, explicitly mentioned in any of the documents on sustainable development. Recruiting a descriptive, analytical and comparative design, the present study investigates the bases, scope and mechanisms of social security in achieving sustainable development in the views of Islam and the UN Committee on Economic, Social and Cultural Rights (hereinafter the UNCESCR). Social security has been identified and addressed frequently in the verses of the Quran and the Hadith. Yet, despite the provisions of the Covenant on Economic, Social and Cultural Rights (hereinafter the Covenant), social security has not been properly addressed at the international level. Finally, the Covenant’s approach to social security and the actions taken by the UNCESCR as the oversight body of the Covenant to link social security and sustainable development, how social security can be utilized in so doing, and the eminence of social security in Islam are further analyzed in the study.

Sustainable development has become the epicenter of collective international policy-making. As such, foreign direct investment, as the empowering engine for SD, has attracted much attention. It is believed that sustainable development cannot be achieved without foreign investment. Traditional international investment agreements have been criticized for protecting foreign investors who deviate from the requirements of sustainable development. This has led to changes in these treaties, which are the subject of the present article. It seems that in the light of the plurality of references to sustainable development in new investment agreements, a balance has been created between the goals of sustainable development and the protection of foreign investors.

The role of laws in extracting and consuming all kinds of energy resources in all fields is undeniable. Undoubtedly, the development and the economic, political, social, environmental and technical future of any country and the world, in general, are completely dependent on the presence or absence of energy. The unplanned and maximum consumption of non-renewable resources, in order to extract energy, has made the security of mankind face new crises, which is referred to as "the common concern of humanity", and some people even consider the perpetrators of these behaviors as "enemies of mankind". Therefore, legislators and executive bodies should take advantage of all available potentials, both legal and criminal, to protect energy resources in line with international policies, so that according to the ideals of sustainable development as a common global goal, the current and future generations can have access to sustainable energy sources in a fair manner. Currently, the lack of technical and executive infrastructures and effective and efficient executive guarantees, and the non-commitment of the enforcers and trustees to the established laws, as well as the lack of executive guidelines and the weakness of regulatory bodies, have caused the laws enacted in the field of energy to be ineffective. It goes without saying that the multiplicity of laws does not necessarily guarantee the operationalization of energy programs and the achievement of sustainable development goals, and the legislator must consider the ability to implement the laws before enacting the laws.This article has studied the domestic and international legal literature by using the descriptive-analytical research method and based on the hypothesis that the domestic laws are not compatible with the needs of the country and the modern world views in issues related to energy and the ideals of sustainable development. Due to these weaknesses, energy conservation is faced with many shortcomings in domestic laws and executive policies. To answer this question, what actions should be taken to protect energy and the rights of future generations? Some international documents and conventions in the field of energy, some of which are joined by Iran, have been briefly discussed. The implementation of these commitments and goals at the domestic level, especially in the construction industry, depends on correcting the old and wrong traditional policies, revising the current laws or establishing new laws that are appropriate to the existing conditions. Using lessons learned from other developed countries will definitely be useful and efficient.Iran's general policies related to energy are divided into two main groups: oil and gas general policies and general policies of other energy sources. However, the current domestic policy is mainly focused on the use of fossil resources, and there is little executive support for the use of renewable resources or clean energy. Currently, in the field of domestic energy law, responsibilities are generally defined in the realm of legal and civil responsibilities, and there is no specific criminalization for energy protection at the national level. The few currently defined crimes in the field of energy are also related to issues related to vandalism or creating restrictions on access to energy and destroying the environment and important issues such as unprincipled exploitation, waste of energy and protection of energy resources do not have a place in criminal policies. However, the international community is trying to introduce behaviors that are based on excessive consumption of fossil resources, assaulting the environment and the rights of future generations as the fifth crime of transnational crimes, as an example of the crime of "ecocide". Also, by examining the efforts of the world community to achieve the goals of sustainable development, it is concluded that the world community is moving in the direction that we will probably see the recognition of the crime of ecocide in the near future to protect the environment and future generations at the international level. Therefore, it is necessary to foresee reasonable and implementable measures in accordance with the existing capacities by the domestic legislator to reduce the use of fossil resources that are harmful to the environment and human health. In this regard, the use of nuclear energy is an outdated global policy, and one should think about using solar, wind, sea and geothermal energy and other potentials in the country.