جستجوی مقالات مرتبط با کلیدواژه "environmental law" در نشریات گروه "فقه و حقوق"

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.

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.

Having a healthy environment is the right of every human being and efforts should be made to preserve it. To protect the environment there was a need for rules and regulations. Also, culture and education can protect the environment by increasing awareness. The most basic method is to respect the environment and respect environmental rights, which due to the complexity of this issue requires training in environmental issues. Given the importance of environmental issues in today's world, the present study intends to address the position of environmental law education and information in Iranian law and international documents. The research method was descriptive-analytical and the required information was collected through the study of international and domestic documents. The findings of the current study show that the issue of environmental education in international documents has been duly considered while this issue has been neglected in Iranian law. Although in the form of practice, brief trainings such as advertising and information, as well as elementary books, etc. are observed, the importance of environmental rights is beyond this level of attention.

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.

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.

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.

Environmental impact assessment refers to the processes of forecasting, identifying and evaluating the effects of projects and development decisions on the environment, human health and the well-being of society.This obligation is a key State’s Commitments to protection of environment and improvement of environmentally sustainable development. The International Court of Justice described this concept in some of its Judgements; in particular in the 2010 Judgement on the Pulp Mills on the River Uruguay and the 2015 judgement on the Construction of a Road in Costa Rica along the San Juan River and Certain Activities Carried Out by Nicaragua in the Border Area . The main question that this paper seeks to answer it is: What is the legal nature and content of this obligation in the light of the ICJ case law? ICJ recognizes the customary nature of the obligation of environmental impact assessment and explains its content.The result of the descriptive-analytical studies of the ICJ Judgements in evaluating this hypothesis confirms the Court's developmental step in identifying the environmental impact assessment as a customary rule,In addition, the Court’s states that the content of the environmental impact assessment should be determined in each case, but in any way, monitoring the environmental impacts of developmental activities is not only necessary before doing them rather they need to be continued during such actions.

The mainstream discourses in the current century have been human rights and environmental rights. The primary responsibility for the respect and ensuring of human and environmental rights belongs to governments. Meanwhile, the role of transnational corporations in violating human rights and environmental rights is often more than governments. For this reason, today, with passing the "respect to human rights" era, it is necessary for transnational corporations to ensure human rights. In fact, transnational corporations which enjoy of community, water, air, land and other resources of the host State should take some actions for social development of the host society. The responsibility of transnational corporations in the social development of the host government is known as "Transnational Corporation Society Responsibility - TCSR". This responsibility, which includes the commitment to ensure human rights, is rooted in principles such as right to development, obligation to technology transfer, fair treatment principle and development condition in foreign investments. The social responsibility of transnational corporations is also shaped by some national law regims and international law. Conversely, challenges also threaten the social responsibility of transnational corporations such as legal problems in host and parent State of TNCs, expences and benefit formula, taxs for social development and responsible-decision maker unity. By examining the performance of some transnational corporations in realizing their social responsibility, we can see the current status of this concept in the international arena.

One of the requirements in the field of legal discussions is to find consistent and reliable foundations for the challenges related to issues such as environmental degradation. This study aims to find a local basis for the protection and preservation of the environment, especially where the environment is devastated and degraded. The question arises here is that among the local principles, can the rule of respect be used in the protection and preservation of the environment and for the liability resulting from its destruction and damage? In order to achieve the objectives of the research, the necessary data have been collected from library sources and were examined via the descriptive-analytical method. Based on the findings of the present study, the rule of respect is known as one of the possible principles in justifying civil liability for violating the right in the realm of the environment. The need to respect and protect the environment are justifiable on the one hand, given the intrinsic value of the environment and secondly, its instrumental value for better life of the human and its significant economic value in human life and also, the substantial damages that destructive actions against the environment inflict on human life and his/her material and spiritual benefits. On the other hand, arguments of respect, incidentally, include both financial and non-transactional aspects. In addition, the integrity of this protection, inevitably, requires that it be justified in case of violation of liability for compensation of harmful and destructive action against the environment.

With the outbreak of Covid-19 in the world, many measures have been taken to reduce the effects of this pandemic. The most important of these was the recommendation to "stay home", which became the main line of slogans. With this recommendation, schools, offices and factories were closed. Covid-19 pandemic has so far made wide impacts in people's lifestyles, and is likely to have some other implications. The main question of this article is, what environmental opportunities and challenges does Covid-19 bring, and how do these affect environmental law? Quarantine policies have led to a reduction in production and transportation, and a significant reduction in pollution caused by these behaviors. Other implications may not be immediately apparent. Covid-19 may increase residuals vulnerability to future contamination. Other changes may occur, including revisions in environmental and economic changes and revisions in allocating and consumption of resources, as Covid-19 affects the global, national, and local economies. Considering each of these implications and their effects can help develop environmental rights and develop effective strategies.

The main idea of this paper is to explore different legal instruments in addressing environmental pollution. Given that from the public interest theory, traditional instruments such as tort and liability rules are not sufficient to control environmental damages, we need some forms of government regulation. However, the need for government intervention does not deny the role of private solutions in preventing environmental harms. Therefore, the question arises how liability rules and regulation can jointly deploy to mitigate the environmental risks and how they influence each other? Finally, it should be asked that which of liability rules is more efficient for internalizing environmental externalities.

Today, supporting foreign investors is considered as an instrument to achieve economic growth and development within national development plans, particularly in the developing states. Rising concerns for reasonable expectations of investors, have led to the increase of interests in investment in other countries. On the other hand and simultaneously, protecting human rights is recognized as one of the obligations of states. In some instances, human rights and environmental considerations, particularly economic, social and cultural ones clash with the obligations of host states to protect foreign investors. The question arising here is what legal mechanism may prevent such a clash? Investment-related arbitral jurisprudence demonstrates that arbitrators have avoided dealing with this conflict, recognizing it beyond the competence of investment arbitration, while the need for a reasonable effort to incorporate human rights obligations in investment treaties by way of revising them is felt more than before.

The future of human life depends upon preserving a healthy environment free of any pollution (contaminants) and the environmental destruction could eventually bring about the destruction of humanity. Therefore, the environmental degradation and pollution is not only despicable, but hazardous and costly as well and the public has a duty to protect it. In this regard, to have the environment protected from pollution and degradation due to reasons such as urban high population growth and the necessity to devise a settlement, urban and industrial wastes, destruction of forests and other natural resources, air pollution in large cities, many countries have enacted environmental laws and regulations in their legal systems and have established organizations, institutions and agencies devoted to the environmental protection. On the other hand, as the right to a healthy environment is one of citizenship rights linked integrally to the sustainable development, the enactment of legislation should, at a minimum, be in relation to the principles of sustainable development. The present research is an analytic and descriptive study using library resources including articles, books and other materials about the subject area. This study indicated that many laws have been approved in order to protect the environment, but they didn’t fully respect the foundations and principles of sustainable environmental development; so that some of these principles are considered at the standard-level by legislator, some have not been mentioned, and some others remained implicit by the legislator.

All religions and human wisdom emphasize nature protection and environmental health. As fundamental human rights, human beings should benefit from a healthy and safe environment. Hence, there is a law branch called “Environmental Law.” Criminal law is responsible for enacting rules and regulations about environmental degradation prevention and punishment of polluters. Civil liability also considers sanctions on environmental damages. In addition to the wise practice, many jurisprudential texts such as verses of the Quran and narratives criticize environmental degradation, loss, and pollution. Accordingly, Imamiyeh (or Shia) jurists have granted compensations for environmental destructors based on some jurisprudential rules. Distinguishing the injuries caused by environmental damages- nature or human- this paper examined the essence of this liability in terms of being under dominant of the public or private law. Choosing the strict liability as to the foundation of civil liability of environmental damages, principles of this liability, compensation ways, and competent court for filing the lawsuit of civil liability for environmental damages were determined.

Iran, as the holder of world’s fourth largest oil reserves and world’s largest gas reserves, is sensibly exposed to pollutions resulting from oil and gas industry which is its most important economy sector. A significant portion of these pollutions is caused by the upstream oil and gas industry and the remaining portion is resulted from the downstream oil and gas industry. The present research is dedicated to the legal requirements stipulated in Islamic Republic of Iran’s Fundamental Legal Instruments. These instruments include the Constitution, Five-year Development Plan, the Twenty-year Perspective Law, General Policies and similar documents. The central assumption of this study is founded on the idea that fundamental instrument of the Iranian Legal System have a solid general approach with regard to the issue of environmental protection in upstream oil and gas related activities. This approach is specifically evident in Principle 50 of the Constitution.

During the time and with improvements in science, consumptions of energy and using natural resources have been greatly increased. But using energy leads to demolition of environment. Also according to increase in fossil fuel usage and combustion of these fuels, the concentrations of greenhouse gases have been notably increased.. Such new technology for confronting with the phenomenon of warmness or controlling it to have ecological balance is Carbon Capture and Storage under sea beds. Also there might be some disasters because of incorrect guidelines in using this or other technologies in environment. Thus there may be need for some rules and laws of responsibilities in environmental damages in order to claim international responsibilities of states and non-state actors. In this research we want to discuss about Replacing Energies and the technology of Carbon Capture and Storage and analyze the possible damages to the environment by referring to principles and concepts of environment international law and finally we get to discuss about the international responsibilities of states in using this technology.

The effective protection of environment and the enforcement of legal system in Iran will be possible if some significant developments are implemented. On the other words, the protection of the environment may be promoted where a new approach is chosen, field pathology is made and risks and challenges facing it are recognized. Like many countries following a approach change under their laws- definitely resulted from some years in try and error attempts as well as the study of new contexts and ground- making efforts, the promotion of the environment protection in our country also requires the attention to the internal and external factors together. As the Iranian constitution, the 1404 Vision Instrument and international conventions to which Iran is a member as well as the International Law under which the right to the healthy environment is considered one of the third generation of the Human Rights (Rights of Solidarity) features assert, the enjoyment of people from the healthy environment without any poverty, discrimination and corruption has been emphasized. In spite of these regulations, the environmental situation of Iran is not desirable. The environment of Iran has been endangered due to abuse of privileges resulting in damages to the environment, climate change, lack of expert personnel, inefficient management, and structure failure and environment- ignorant culture in addition to other causes. This paper studies the significant developments in the criminological approaches, and theoretical issues including the environmental justice and ethics as well as practical parameter with a comparative look at some of world hallmarks.