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

Climate change is one of the greatest challenges of humanity. Human activities, notably fossil-fuel combustion, release greenhouse gases into the atmosphere, thus exacerbating climate change. The adverse effects of climate change are already affecting the world, and they may continue to have potentially harmful ramifications at the global level. Despite existing obligations, the efforts made by the world states to reduce greenhouse gas emissions have proven ineffective, leading to continued increases in emissions. In this light, the approach to legal obligations of states to mitigate environmental risks associated with the greenhouse gas emission must offer fresh perspectives on environmental harm while fostering the search for sustainable, ethical, and equitable alternatives. Following international treaties, international conventions addressing environmental concerns should enforce punitive measures against environmentally detrimental actions, often perpetrated under the government’s supervision or tacit approval, including those carried out by the private sector. Some governmental actions and the ensuing greenhouse gas emissions result in environmental pollution and global warming, ultimately leading to the total destruction of the Earth’s environment. It is thus necessary to devise an approach towards the obligations of states to control environmental risks associated with greenhouse gas emissions, which could hold the states accountable for any environmentally harmful measure. In this respect, the present study aimed to address the following research questions: What are the obligations of states to reduce greenhouse gas emissions in combating global climate change? And to what extent these obligations are legally binding? The study is based on the hypothesis that states, in combating climate change, are indeed burdened with specific obligations to decrease greenhouse gas emissions compared to past, and these obligations are typically of a soft nature.

The realm of international obligations concerning the reduction of greenhouse gas emissions has been the subject of valuable research. A number of Persian-language studies (e.g., Khadivi et al., 2019; Mashhadi & Rastegar, 2017; Pourhashemi et al. 2021) delved into the crisis of global climate change by focusing on the regulations and principles of international environmental law, as well as the future trajectory of international law in this regard, with an eye to the role of states. Moreover, several English-language articles (e.g., Ekardt et al., 2018; Hulme, 2009; Morine & Patino, 2010; Shahbazi & Pouya Berelian, 2020) examined the obligations of states to reduce greenhouse gas emissions in combatting global climate change, often analyzing international agreements and considering future developments in the field.

The present study used a descriptive–analytical method and a library research method to collect and analyze the data sourced from international documents, books, and related articles.

There is a significant likelihood that if actions against international environmental obligations of states are not addressed within a criminological framework, their activities and greenhouse gas emissions will result in environmental pollution and global warming, ultimately leading to the complete destruction of the Earth. The current study highlighted the significant role of the media in elucidating environmental crimes. If environmental destruction and greenhouse gas emissions are criminalized at the international level, states can be held accountable. Consequently, they may use the media to raise awareness of the issue in the national context, informing both the public and private sectors about crimes related to environmental pollution and greenhouse gas emissions by factories. Given that fulfilling the obligations of states necessitates criminalizing undue interference in climate change, it is necessary to consider criminal laws, in addition to states’ obligations, concerning potential non-compliance. Legal actions may encompass not only the issue of climate change itself but also the costs of combating climate change. Therefore, both financial and non-financial aspects must be included. States must take action in case of violations of the responsibility, aiming to compensate for harmful and destructive actions against the environment. Moreover, both public and private sectors should be subject to strict monitoring for environmentally detrimental behavior. In fact, if the governments are tasked with specific obligations to reduce greenhouse gas emissions in line with combatting global climate change, it will automatically lead to compliance on part of the private sector. Thus, there should be strict obligations for the world states, with current soft commitments changing into hard, enforceable ones.

Considering environmental meetings, conventions, and even the Paris Agreement, it seems that such agreements—notwithstanding their binding nature—may fail if member states face challenges such as economic problems. In such cases, the countries may continue to produce greenhouse gases in various ways. Even in the face of complaints by environmentalists, governments will justify their actions on the grounds of economic conditions, employment issues, or managerial considerations. Therefore, if anti-environmental actions—which often occur under the government supervision or with government support and knowledge—are not addressed within a criminological framework, they will likely result in environmental pollution and global warming, leading to the potential destruction of the Earth. This research highlighted the relation between the international environmental protection and the need for a new institutional order, which justifies creating an international court dedicated exclusively to environmental issues. Two significant international commitments in 2015 (i.e., the U.N. 2030 Agenda for Sustainable Development and the 2016 Paris Agreement on Climate Change) underscore the need for specialized environmental courts. The international agreements and obligations, as well as the resulting environmental disputes, have highlighted the importance of having specialized courts to handle such cases. Even before the 2016 Paris Agreement, climate change had already led to numerous lawsuits and judicial decisions. There are two ways to establish an international environmental court: through an international treaty, either within or outside the U.N, or through a U.N. resolution. Moreover, the present study emphasized the crucial role of the media in raising awareness of environmental crimes. As a conclusion, it is necessary to monitor and control both the private and public sectors for environmentally harmful behaviors; however, government obligations to cut greenhouse gas emissions to combat climate change will also positively impact the private sector.

Animals have played an important role in armed conflicts since ancient times. Transporting supplies, soldiers and military and medical equipment, searching for wounded soldiers, damaging enemy positions, especially by detonating bombs attached to animals or their carcasses, are among the most important forms of using animals in conflict. Considering the increase in the use of animals, especially dolphins, by states to achieve military objectives in armed conflicts, it is necessary to know the standards and support frameworks regarding them. Therefore, this article, based on a descriptive-analytical method, answers the question, what approach has international humanitarian law adopted in this regard? This article concludes that due to the lack of specific rules in international humanitarian law on the ban on the use of animals as military purposes, it must be referred to the general humanitarian rules especially the articles of the first additional protocol to the Geneva conventions of 1949 to explain the legal system of the subject. By considering animals as a part of the environment and placing them in the category of special and protected objects under Article 54 of the said protocol, A support system can be considered for them. Of course, due to the special situation of animals compared to the human, the implementation of the principles of humanitarian rights, such as separation, proportionality, precautions in attack is faced with complications and ambiguities.

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.

According to article 50 of the constitution, environmental protection is a public duty, and all people and agencies are obligated to do so. One of the factors that threatens the environment is the phenomenon of haze that has affected many provinces of Iran in the past decade and today threatens the right to life of citizens and even many animal species. On the other hand, considering that many countries face this environmental risk, in addition to domestic actions, joint actions of countries should not be ignored. For this reason, in recent years, laws and agreements have been introduced at national, regional and international levels, but they have not been able to affect the management of haze phenomenon. In addition, measures must be taken within the country that prevent or minimize the penetration of haze phenomenon, These measures have been mentioned in laws such as the Clean Air Act, the Environmental Protection and Improvement Act, and the Executive Regulations on Combating the haze phenomenon, but unfortunately they have always faced challenges; Therefore, in this study, while emphasizing international actions, these challenges and limitations have been addressed and solutions have been proposed to eliminate them in order to manage haze phenomenon.

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.

Humans created plastic in order to make their lives more convienient, however its indiscriminate consumption has turned into a menace to themselves. Simultaneous release of environment images drowned in plastic and trapped organisms, the entry of plastic into the food-chain and the detrimental effects on tourism and the economy with the rise of environmental movements; the effects of consideration to plastic and its prevention have been reflected in conventions such as MARPOL, London, Basel and more comprehensively in EU documents. Regardless of the significance of these documents inaddressing the issue of plastics, by valuing the models provided for drafting an agreement on the particular matter of plastics and accepting structural and normative flaws,it should not be forgotten that the international environmental law principles and custom in this field have simply responded to the requirement to limit and ban the production and consumption of plastic and its entry into the environment and countries have confirmed these preventions in their policies and national laws. The role of raising public awareness in plastic replacement with education and the impact of the media, the activities of NGOs to introduce replacements and encouraging legal foundations to make obligatory regulations along the path of environmental liberation from plastic is undeniable.

With the end of the Cold War and the formation of new concepts in the attitude of the state-nations to the field of international relations, in an evaluative view, it can be said that environmental issues are considered as an element that promotes foreign policy, due to this, the environment in the minds of the nation-states has become a practical approach. According to the theoretical teachings. Today, many conflicts between governments are rooted in environmental policies. Due to its unique strategic position, the Persian Gulf region has experienced specific environmental geopolitical attitudes, in which the role of the 6 member states of the Persian Gulf Cooperation Council is increasingly important. How is the environment of the countries of the Persian Gulf Cooperation Council explained? It is worth mentioning that the research method of this article is qualitative with a descriptive and analytical approach, which has been collected through surveys, information in the field of articles, books and internet sites. Since this research is practical, we refrain from giving hypotheses. In the end, it can be mentioned that with the analysis of information, the incompatibility of development plans with environmental policies, lack of foresight, political acting of this council as a challenge and promotion of environmental security. regional, stability in environmental economy, lack of political use of environmental element as examples of challenges and opportunities.

Examining the efforts of the United Nations, in the two areas of increasing women's rights and protecting the environment, shows the great importance of women's participation in the international arena. Giving a role to women and their non-governmental organizations in protecting the environment and achieving sustainable development is very important, and for this reason, various international documents have recognized the participation of these actors. The upcoming research seeks to study the position of women in a part of public international law, i.e. the branch of international environmental law, and wants to show international transformations about the participation of women, as one of the important and vital players in international environmental law. is life The results of this research show that women are actually the creators of sustainable development culture. The efficient and active presence of women as well as their empowerment in the framework of improving the standard of living, participation in major development decisions and their achievement of an equal position in the light of economic and social growth as well as the education of environmental issues makes the process of education and as a result Environmental protection has penetrated to the innermost layers of society and without incurring excess costs, many members of the society have been indirectly educated, and considering the multifaceted responsibility of women and their role in educating future generations, environmental culture be institutionalized.

Research Article                Environment damage is considered the most significant factor of encroachment that causes weakening of the right of human life and always been needful to be protected and supported in any way. For this reason, determining the codification of the environmental damages indexes is considered one of the main concerns for compensation for these damages, and the necessity of compensating the environmental damages crimes in both legal systems under the general and special laws is approved. Many supervisors point to the reality about China that the significant economic growth in this country has had great costs relevant to this growth, especially in terms of environmental costs. In the legal systems of Iran and China, despite some differences, there are some similarities in the background of compensation solutions as well. Among the cases; in both legal systems, the basis of compensation for damage is based on civil liability from the general laws, an issue that is criticized by jurists of both countries. Nevertheless, the liability basis in Iran is the theory of fault and hazard, and in China is a pure liability, and the burden of proving the claim and causation is on the offender.

All members of the society have a responsibility to be cautious towards each other and must observe personal and social hygiene during the outbreak of infectious diseases so as not to cause its transmission and spread to others and other members of the society. Examining the jurisprudential and legal verdict of non-observance of hygiene against emerging infectious diseases and the guarantee and criminal responsibility of its transmitter is of great importance. Non-observance of personal and social health against various diseases, including emerging diseases, based on the rule of sanctity of self-harm, the rule of avoiding possible harm, the obligation to save life, the rule of negating harm, the rule of maintaining order, and the principle of caution is prohibited. be Also, the carrier of emerging infectious diseases is the guarantor based on the rule of wastage, the rule of attribution, the rule of respect, the rule of negation of harm, the rule of commitment to safety and the rule of commitment to the safety of conventional care, and the retribution of the carrier of the disease in case of death is received. The doer has been excluded because in intentional murder, supervision and the predominance of lethality are conditional verbs, if these two are the problem here. Also, based on some of the above-mentioned rules and international protocols and health regulations, any act or omission, carelessness and negligence that causes injury as a result of the occurrence and spread of various diseases and damage to the environment, including water, soil, air and sea pollution, is prohibited and guaranteed.

The restless nature of humanity has always driven it towards the unknown, resulting in the introduction of new tools and ultimately changing the human lifestyle on this ancient planet. Artificial intelligence, a transformative power in our modern world, is one of these tools that has brought about a fundamental transformation. This phenomenon has created opportunities in all areas, including environmental sustainability and climate change, defining and designing facilities and capabilities that are very effective in securing, optimizing, and preventing biodiversity extinction. However, despite artificial intelligence's opportunities for easier and more advanced living, it has also been accompanied by challenges. This paper, while introducing this phenomenon, highlights some of the challenges and opportunities of artificial intelligence and examines its implications for sustainable environmental development

Restoring the previous situation on the issue of damage, which is realized in the institution of civil responsibility as much as possible, gives a special advantage to this legal instrument in the maintenance and restoration of the environment, and this is a missing element that cannot be found as an alternative for it in purely criminal approaches; However, the application of this institution in the environmental laws of the Islamic Republic of Iran has not gone beyond the generality of the rules of waste and waste, and until today, no explicit and specific legal text has been established in this field On the other hand, the text of the European Union environmental civil liability law approved in 2007, which is derived from the collective logic of a series of European countries, is related to determining the general style and legal considerations in the issue of mandatory environmental guarantee, which is of great importance in legal texts. , as a result, firstly, the prevention of environmental damage is not possible without this institution, secondly, a case study of European Union law with a comparative view and descriptive research method. it seems necessary.

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.

The range of damage caused by environmental crime due to armed conflicts is so wide that it cannot be compared with environmental destruction due to development and industrial approaches or green crime. The environment of Palestine and especially Gaza has not been spared from this historical event and has always faced serious challenges by the Zionist regime in the past decades. The widespread environmental damage caused by the air and ground attacks of the Zionist regime on Gaza in 2023 raises the question of whether it can be considered a war crime in the light of international law. In response, it should be stated that although until now no documentary report of environmental events and crimes has been published due to the restrictive measures of the Zionist regime in the entry of international observers to Gaza, but what can be seen in the news is that some of the behaviors of the Zionist army, such as the destruction of safe drinking water sources, starving the environment of citizens and the use of white phosphorus, can be considered examples of war crimes. Therefore, in responding to the environmental war crimes of the Zionist regime, can use tools such as the entry of the prosecutor of the International Criminal Court into the crimes committed in Palestine, which has accepted the statute of the court; Environmental activism in the International Court of Justice, which has an approach to protect the environment in armed conflicts, and the use of the capacity of the principle of universal jurisdiction by countries to punish the perpetrators and commanders of environmental war crimes.

Today, the centrality of military security is interwoven with biological and climate issues at the national and international levels, and more than ever, these aspects have received the attention of world leaders and politicians. In this direction and in order to investigate the major environmental issues and the impact of these issues on national security in a descriptive-analytical way and by referring to library sources and examining them, we are looking for an answer to the question that the impact of climate and environmental changes in to what extent is Iran's national security? This study showed that the security approach to the environment, in international law, has a fundamental place in the laws of countries. This issue has had a wide influence in the field of technology, business, industry, energy use. At the same time, work specialization and the growing role of social organizations in weakening the restrictions imposed by the environment have had a tremendous impact on the proliferation of security problems, and as a result, it has weakened the atmosphere of international relations between governments and sometimes led to conflicts. Is. This article also shows that in Iranian law, issues related to water shortage crisis and air pollution have an immediate and vital importance in terms of security and have managed to overshadow national security and authority

Marine environmental international law is one of the trends in international law that tries to oblige governments to comply with the necessary laws and measures needed to maintain biological resources, organisms and the health of the seas. The presence of rich oil and gas resources in the sensitive and strategic region of the Persian Gulf and its environmental characteristics have recognized this region as one of the most important strategic regions in the world, which is exposed to severe environmental pollution and destruction. . The creation of these pollutions should result in civil responsibility for the polluting country under the title of international responsibility, which was the purpose of establishing an organization called RAPMI. In this article, an attempt has been made to deal with the issue by combining the articles of the Human Rights Commission and the 1978 Kuwait Convention, that if a government causes environmental pollution to enter the Persian Gulf due to oil and gas extraction, its responsibility. How is the country compared to other countries? This responsibility, which can be called the "responsibility of international marine environmental rights, needs to hold more international gatherings and meetings in order for it to become more and more realistic.

Global environmental crimes could destroy human life; thus, they can be considered as major international crime. In the years since World War II, close attention has been paid to the importance of the environment as well as its health. In various treaties, support and protection of environment against war, chemical and nuclear weapons, as well as other crimes were emphasized. The author of this article believes that in order to prevent environmental crimes, they should be recognized as criminal offences and the perpetrators be punished. Only then they can be classified as separate international crime. Moreover, recent developments in the International Criminal Court's approach to environmental crimes make it possible for the Court to recognize them as a separate crime and define its policy in its Statute. As a result, this article seeks to explain the possibility of identifying crimes against the environment as separate crimes.

The pattern of criminalization and punishment in jurisprudence follows basic rules, principles and ideas, some of which are specific to some crimes and others are executable in all divisions of criminal jurisprudence. The principle of ḥamā - with the concept of applying the prohibition decree from the center to the surrounding environment - is considered as the most important principle in the field of preventing major crimes and supporting value patterns in Islamic society. So far, the jurisprudential and legal analysis and pathology and the challenge-seeking of this principle have not been dealt with. The main issue of this article is the basic challenges of the jurist and legislator in sanctioning and penalizing (criminalizing) permissible acts based on this rule. If utilizing this rule as the basis of criminalization, despite its narrative theoretical nature, is documented without considering some paralegal and extralegal suppositions, it will pose serious challenges for the philosophy of Islamic and conventional criminal law and some of their doctrines; challenges such as the confrontation of the principle of ḥamā with rights and freedoms, the theoretical contraction and expansion, the fundamentals of the principle of ḥamā, the principle's incompatibility with the principle of minimalism in criminal law, and the principle's resulting (intāj) in the inflation of criminal laws. In other words, although the exigency of implementing the principle is available, in some cases its obstacle is not missing. Therefore, the necessity of discipline in adhering to and citing this principle is fully confirmed.

Today, human society has faced various environmental crises, such that environmental challenges such as air, water, and soil pollution have put people's health at risk, and as a result, dealing with environmental crimes has become increasingly important because it harms social security.
The basic question of the article is that the criminal policies in Iran's legal system have the necessary efficiency to protect and protect the environment, especially in order to prevent encroachment and occupation of protected areas? This article deals with this issue with descriptive-analytical method and library sources, and the findings show that criminal protection in its current form has not been able to provide the goals of the legislator properly and appropriately. In this article, with the aim of explaining the criminal tools in order to protect the right to a healthy environment, while addressing the guarantee of criminal executions and the existing challenges, new approaches are made in this field.