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

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.

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.

The harmless rule is comprehensiveness and dynamism in the Islamic legal system and has an undeniable effect on Iranian civil laws and has been able to solve many problems and even emerging issues. The objective of this study is to analyze the "Harmless jurisprudential rule" with the investigation the effect of the sale of building density on the environment and individuals of the society.

This research is of theoretical type and descriptive-analytical and library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize, while observing the authenticity of the texts, honesty and fidelity have been observed.

offering surplus density and selling building density In cities, especially metropolitan areas, which can be studied according to the consequences which have for the environment, society and individuals. by adopting appropriate mechanisms in the field of environmental protection and sustainable urban planning, jurisprudential and Islamic rules can be used to organize this area, and this important issue can be examined in the form of a harmless jurisprudential rule.

By understanding the importance of the quality of the environment and the health of society and with the help of jurisprudential teachings, in the framework of the "harmless rule", the sale of building density can be considering due to these facts of this rule which needs to be reviewed by the country's policymakers and housing officials.

Makran's strategic beaches, with many capacities, are one of the suitable platforms for attracting foreign investors. In this research, which was compiled with the aim of expressing the importance of the Makran coastal region in the international economy, the capacities and legal challenges of investing in this strategic region have been explained.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The findings of the present research show that there are various legal-jurisprudential capacities in connection with the sustainable development of Makran beaches. In the meantime, the upstream macro-laws and its jurisprudential foundations have a significant contribution in creating these legal capacities. Major documents such as Makran Coastal Area Development Document, Sixth Development Plan Law, Vision Document 1404, Law on How to Manage Free Zones, Law on Encouraging and Supporting Foreign Investment and Law on Removing Certain Production Obstacles.

Despite the existence of legal challenges facing the development of Makran, such as environmental challenges, the conflict of foreign investment with some rules and principles of the Islamic Republic, as well as Iran's non-adherence to FATF, It should be acknowledged that Iran has taken positive and admirable steps in the direction of attracting foreign investors in the development of Makran's strategic beaches.

The obligation of the host state to fair and equitable treatment of foreign investors includes maintaining the stability of the investment environment, transparency, compliance with legal procedures and etc. On the other hand, sustainable development is a dynamic concept whose implementation requires constant domestic and international regulation. A question may arise as to how these two principles can be balanced, most particularly in investment arbitrations. In this article, the possible contrast between these two commitments and the case-law of international investment arbitration on this subject will be examined. It will be concluded that the fair and equitable treatment standard can be interpreted with respect to the object and purpose of an investment agreement in light of the other requirements of the agreement, such as sustainable development. With regard to international investment arbitration case-law, it seems that arbitral tribunals have used behavioral criteria to make interaction among such obligations possible.

Despite the introduction of "sustainable development" as a suitable framework for development in the last three decades and the positive reaction of many governments to it, there is a question whether regulatory governments, do strengthen the right of people to sustainable development or put challenges and obstacles in front of it?In this research, we have examined how neoliberal principles and policies governing regulatory governments, such as market competition, privatization, deregulation, trade liberalization, foreign investment, export-oriented production, and growth-oriented development, has created obstacles in front of sustainable development. and therefore distorts the right of people to benefit from sustainable development.For this purpose, we have used the analytical-descriptive method and proposed that the creation of new international institutions to strengthen the binding of environmental treaties, to adopt policies that lead to the reduction of poverty and inequality, and also to establish The new taxes that are collected in exchange for the destruction of the environment in the course of economic development, may help to heal the current situation.

Sustainable development means meeting the needs of the present generation without harming the needs of future generations. It has several indicators. One of the main indicators of sustainable development is security. On the other hand, the law means binding rules and regulations imposed by the competent authority. These are the goals whose most important goal is to create security for the citizens. Therefore, law and sustainable development are linked in the concept of security and security is their interface so that the level of security is directly related to the law and the law is effective in sustainable development by creating security, which is the turning point of the two categories. It has different dimensions and one of the most important dimensions is judicial security, which provides justice in society and creates trust and peace among citizens. In this study, while examining the role and effect of law in sustainable development, one of the most basic components of judicial security, namely the prohibition of illegal detention in order to establish sustainable development in various levels of international instruments, foreign and domestic law has been investigated.