جستجوی مقالات مرتبط با کلیدواژه « international law » در نشریات گروه « علوم پایه »

In the twentieth century, with an emphasis on the principle of sovereign equality of states, a framework for global trade was established. Simultaneously, the importance of achieving balanced development between industrialized and developing countries was highlighted. This period witnessed the integration of development and global trade, alongside a significant increase in the production and international exchange of goods, which unfortunately caused considerable environmental damage. This situation revealed the necessity for more stringent environmental care and control within the structure of global trade. The concept of sustainable development emerged as a bridge between development and trade and quickly gained attention, leading to the formulation of multilateral environmental agreements within the framework of international environmental law. This article examines how sustainable development has been adopted and transformed into a global strategy, its influence on international policies, laws, and documents, and its implementation in international judicial processes. Nevertheless, the facilitation of environmental agreements by the rules of the world trade organization remains unclear, and the inconsistencies between trade practices and environmental measures have rendered the legitimacy and credibility of some of these actions ambiguous. This has led to conservatism and uncertainty in the implementation of environmental agreements, indicating that sustainable development can only be effectively applied in trade policies when it is integrated and intertwined with its constituent elements.

The inescapable dependence and connection of living organisms with the environment, along with the ease of contagion and the cross-border nature of the harmful effects of destructive environmental actions, increases the risk of serious vulnerability of humans if the environment becomes a target or tool by terrorist groups. Such a way that it is possible, as a result of environmental terrorism, the life and health of a wide range of human societies may suffer irreparable injuries and cause extensive damages. For this reason, in order to fight against environmental terrorism and control the risks its injuries, it is not enough to criminalize and determine the legal punishment for the perpetrators, but it is necessary to think of comprehensive and universal preventive measures. In order to avoid the terrible dangers of environmental terrorism as much as possible, must considering the international norms, measures to prevent environmental terrorism be foreseen. The present research has been done in a descriptive-analytical manner and in the form of citations through the use of library and electronic resources including books, articles, dissertations, regulations and international documents in Persian and English languages. Deterrent norms in the prevention of environmental terrorism in international documents, in the form of measures such as the prohibition of supporting terrorism, norms related to humanitarian rights, curbing the development of weapons of mass destruction, norms related to environmental protection, necessary measures to protect agricultural products and other basic needs. And also assuming the occurrence of terrorist behaviors, supporting the victims and restoring the previous situation under the light of transitional justice, they are among the measures that will be effective in preventing or mitigating the risks caused by environmental terrorism. International documents and norms indicate that the experiences of historical events have made the international communities understand the terrible dangers of environmental terrorism and predict measures, albeit incomplete, to prevent the occurrence or neutralize the effects of such terrorism.

Background and Theoretical Foundations:  

Submarine communication cables currently carry the largest volume of international voice, data and video traffic in the world, and are a key component of telecommunication cyber infrastructure and international information traffic. Data transmission through cable is both cheaper and several times faster than satellite. In land areas, cables are usually protected by owners and national jurisdiction, while protection in the sea, whether physical or legal, is more difficult. Modern submarine cables use fiber optic technology to transmit data at the speed of light. Therefore, the cables that provide this connectivity are part of our critical infrastructure and must be preserved to protect the data governance needed to function in a modern society. Despite such importance, submarine cable systems are vulnerable to various emerging cyber security challenges. International laws that can potentially respond to these challenges have significant gaps regarding the security of such cables in maritime areas. In the legal regime established in the 1982 Convention on the Law of the Sea, this important but invisible subgect. Given that traditional international law is remarkably oblivious to cyber security and its threatening factors, this situation is not surprising. In the meantime, the Tallinn Manual 2.0 on International Law Applicable to Cyber Opreations (hereinafter, Tallinn Manual 2.0 or the Manual) has been able to describe and evaluate the actions taken in the cyberspace in terms of international law with detailed studies conducted by an international group of experts. The only research background that has been written in Persian on this topic is the article entitled "Legal Dimensions of Submarine Communication Cable; From Conflict of Interests to the Ruling Rights of the Coastal State" by Javad Salehi which was published in the Journal of Energy Law Studies. This article is very valuable in terms of evaluating the obligations of the coastal states towards the submarine cables and it is comprehensive and well-deserved. However, in other dimensions related to such cables, and especially from the perspective of evaluating the current international legal system, which is intended in this article, it does not meet the needs of the researcher. Furthermore, it does not address the approach followed by Tallinn Manual 2.0 concerning the protection of submarine communication cables. Taking into accont Tallinn Manual 2.0, Our basic question in this article is whether the current legal regime is sufficient and reliable to ensure the security of the vast network of cables that pass through the ocean floor and thus ensure the security of the world's telecommunication systems?

Employing a descriptive-analytical method, using library resources and referring to the Tallinn Manual 2.0, the authors try to examine the protection of submarine communication cables in the mirror of the Manual.  

  Existing rules are ineffective in a world increasingly defined by network redundancy and interconnectivity, and this is the very point not even addressed in the Tallinn Manual 2.0. Since in the era of technological advancements submarine cables are becoming increasingly important for global infrastructure, the existing regime governing them is reminiscent of an abnormal neglect in international regulation and calls for more intergovernmental cooperation and It is also necessary to review the laws governing the protection of cables.  

 Since in the era of technological advancements submarine cables are becoming increasingly important for global infrastructure, the existing regime governing them is a reminder of abnormal neglect in international regulation and requires more intergovernmental cooperation as well as amendment of the laws governing the protection of cables. Also, unifying the protection of communication cables and preventing damage to the cable at any point requires that any distinctive legal features among the countries that are connected to the same cables be identified and harmonized. In this regard, it is not far-fetched to propose establishement of commissions for the unification of legal rules consisting of legal experts from the member states at regional levels.

According to the historical course of this region, the North Pole was claimed in 1909 by Canada and in 1924 by the United States of America. Then the Soviet Union also continued this process and made a territorial claim in this region due to its geographical proximity. It was at this time that this country seized the Bering Strait and the Kola Peninsula. Since 1930, this area has been considered from a military point of view. For example, Canada and the United States implemented defense-oriented plans under the pretext of an all-out threat from the Russians. In the middle of World War II, the North Pole was a breeding ground for German and Russian submarines to advance their military goals. After the Second World War, at the height of the Cold War, the North Pole was also a place of dispute and became of strategic and military importance for the governments. With the escalation of these differences, the strategic importance of the region took on a political and security color. As mentioned, the melting of the ice in this region (due to global warming), the three basic and key points of security, easy access to sea routes (creating new waterways) and energy (oil and gas) became the subject of discussion and disagreement between governments.In fact, global warming has dramatically affected the Arctic region. By evaluating the climate effects of the North Pole in 2004, it can be concluded that the temperature of this region will increase by 4 to 7 degrees by the end of this century. At the same time as this study, another study was conducted and they came to the conclusion that by 2040 all the Arctic glaciers will melt. However, with the intensification of the global warming crisis and the disregard of world powers to this issue (including the United States), the process of ice melting is taking place at a faster rate. According to their capabilities, countries are trying to prove their sovereignty over the Arctic region and protect their interests in that region. Especially Russia's provocative actions and raising its flag in the North Pole have aggravated the differences.

This research has been done in a scientific-research method. Scientific research is the way that research is done on the topic in question according to valid scientific methods. On the other hand, this research has been done in a descriptive-analytical way, because according to the sources, the existing facts have been expressed and then the analysis and reasoning about these events has been done. Because this research is a library work, the political, legal and environmental importance of the Arctic region and its governance by the Arctic Council in the framework of international law have been discussed. Based on this, some sources have been discussed and research has been done on this matter through the available sources in English, Turkish and Farsi languages.

The Arctic does not yet have specific sovereignty in international law. Countries around the Arctic have divisions of authority. Unlike Antarctica, the region does not yet have a convention on sovereignty and environmental issues and resource utilization, and therefore no progress has been made in the region due to tensions between sovereign states. The strategic importance of the Arctic is not recognized by countries, and only governments recognize the region's oil and gas resources. One of the reasons why the Arctic is important is the area's access to the high seas. With the gradual warming of land and the melting of polar ice, it has facilitated the extraction of underground resources and easy access to the maritime routes of the area, affecting global geopolitics. Using a descriptive-analytical approach, this paper attempts to explain the political importance of this region among governments and to examine the legal challenges to the Arctic with respect to international law. The results show that the region faces border disputes, increased military might and coastal claims. The legal status of this region in accordance with international law is subject to the 1982 Convention on the Law of the Sea. This area, which has not yet been established by a special agreement or treaty, has always been prone to tension and conflict between countries, especially coastal countries. The 1982 Convention on the Law of the Seas cannot completely fill the void in the Arctic, but it can be filled with cooperation between governments. In this regard, the Arctic Council can compensate for the existing gaps in addition to its duties, including maintaining the ecological cover of the region and resolving disputes and tensions between governments. In order to realize this, it is necessary to expand the scope of jurisdiction and better organization of this council. However, despite the effectiveness of the Arctic Council, due to the special geographical situation of this region, the permanent solution of its problems and issues should be possible with an independent and comprehensive treaty for this region. A treaty that takes into account the specific geographical characteristics of the region and provides a comprehensive and permanent solution including freedom of trade, free passage, protection of the flora and fauna of the region, introduction as a free and common area for all nations, joint exploitation of resources. Determining the legal status and territorial and territorial disputes of the coastal countries, prohibiting the military presence of the countries, solving the issues related to the Arctic continental plateau and respecting the human rights of the native communities of the region and its administration by them, etc. can solve a large part of its problems. To resolve and prevent disputes and widespread regional and international tensions. This solution should include two parts before the polar ice melts and after the polar ice melts. Because currently the polar ices of this region have not melted and cannot be considered as the open sea according to the 1982 Convention on the Law of the Sea. This is the reason why the need for a legal regime or a special treaty for this region is felt for joint administration and solving its problems. Of course, this treaty can be under the supervision of the United Nations and with the advice and provision of a solution by the Arctic Council and by taking into account some rules of the 1982 Convention on the Law of the Sea. In the end, the Arctic legal regime or the Arctic Comprehensive Treaty can be the end point of these problems and dilemmas in this region.

The principle of common but distinct responsibilities as a very subtle technique has helped governments to come together to ratify several international environmental conventions and thus enforce the rule of law and develop international environmental law. The global desire for international cooperation in the direction of environmental protection has been specified in many binding and non-binding documents of international environmental law, which can be considered as the beginning of principle 24 of the Stockholm Declaration of 1972. Equity in jurisdictions subject to English Common Law refers to a set of general rules that "governe all laws" and "all civil laws derive from it" and form the foundation of the Common Law legal system.
In this research, using the descriptive-analytical method, an attempt has been made to examine the principle of joint responsibility of governments in international environmental laws and its relationship with the position of the rule of equity in Iranian law. The basic question is that the principle of joint responsibility of governments in What is the relationship between international environmental laws and the principle of fairness, the resulting result indicates that fairness is not affected by any government law" and is everything, even beyond the law. Fairness allows the courts to act as they see fit; and apply justice in accordance with natural law Sometimes in the interpretation of the law, sometimes in filling the void of the law, and sometimes instead of the law, it is one of the examples and reflection of "just principles" and it is considered part of the rights at the decision-making level, and referring to it does not require the consent of the parties to the dispute.

After World War II , the concept of sustainable development was introduced in order to balance the protection of the environment with the enjoyment of fundamental human rights, including the right to development; So that the exercise of human rights is not an excuse to destroy the environment. In fact, human beings realized that any damage to the environment ultimately endangers human beings and their dignity, and therefore, along with economic and social elements, environmental sustainability was identified as one elements of sustainable development. The present study seeks to examine how some governments, by identifying legal personality for the elements of nature, have taken steps towards environmental sustainability and ultimately the realization of sustainable development. It is a type of basic research that is descriptive-analytical and using library resources as well as using electronic resources including books, articles, dissertations, official conferences related to the subject (regional and international)in Persian and English languages and after raising the issue and clarifying the hypotheses, the data in accordance with the research questions in national and international judicial documents and procedures(both Persian and Latin)have been searched, collected, summarized and analyzed. One of the measures taken in recent years to environmental sustainability, has been recognized legal personality to the elements of nature. The practice of some countries, especially since 2008,shows that in order to achieve environmental sustainability, at the level of legislation or the procedure of the courts, the elements of nature have been recognized as rightful and representatives have been appointed to pursue their rights. Overall, developments in environmental law show that the identification of legal personality for the elements of nature has created a new development in the field of environmental law and sustainable development that is rapidly expanding in the international community. So that many governments can use this experience to take this step to provide the necessary grounds for greater environmental protection around the world.

Antarctica is one of the areas that, despite the territorial claims of some governments, is recognized as a common heritage of humanity. An area that must be governed by specific laws with the public participation of governments. These rules and regulations appeared in the Antarctic Treaty System in 1959. The purpose of this article is to examine the events and how to exploit natural resources and exercise sovereignty over the Antarctic region in accordance with the Antarctic Treaty and to identify the strengths and weaknesses of this legal system in the context of international law. The results show that given the particular characteristics of Antarctica and its unstable state of sovereignty, the only authority competent to determine precisely the Antarctic legal system and its environmental protection is to base its work on the 1959 Antarctic Treaty. Although the UN General Assembly has been emphasizing the Antarctic dilemma for many years but it has never provided an objective and substantive solution to the problem and has not been implemented for any reason.