Homayoun Habibi; Hajar Raee Dehaghi
Abstract
Today, climate change has become concern of the international community, and there has been considerable solidarity to confront it. However, the Climate Change Convention, the Kyoto Protocol and the Paris Agreement have failed to prevent climate change and reduce greenhouse gas emissions, and countries ...
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Today, climate change has become concern of the international community, and there has been considerable solidarity to confront it. However, the Climate Change Convention, the Kyoto Protocol and the Paris Agreement have failed to prevent climate change and reduce greenhouse gas emissions, and countries have shown no serious will to achieve climate change targets. On the other hand, increasing greenhouse gas emissions have seriously damaged the environment of the oceans, which naturally absorb these gases. This justifies Review of the obligations of the CO2 states in terms of the Convention on the of Law the Sea. This paper, by interpreting of Article 1(4) of Convention, concludes that greenhouse gas emissions are subject to the definition of marine environmental pollution and consequently states parties to the Convention have numerous obligations under the XII part of the Convention to protect the marine environment against greenhouse gas emissions. The provisions of Part XIII of the Convention are also a way of proving these obligations. Also, by proving that many of the environmental obligations in the Convention have been or have become customary, one can speak of the responsibility and commitment of non-member states to reduce and even compensate the affected coastal states.
Hajar Raee Dehghi
Abstract
The treaty as an International document has a close connection with the custom. Article 10 of the Statute of the International Criminal Court referred to the possibility of coexistence between the custom and treaty. This question arises that whether the International Criminal Court is obliged to follow ...
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The treaty as an International document has a close connection with the custom. Article 10 of the Statute of the International Criminal Court referred to the possibility of coexistence between the custom and treaty. This question arises that whether the International Criminal Court is obliged to follow the custom subsequent the statute? And can other courts and tribunals consider the custom subsequent the Statute of the Tribunal or are they subject to the Statute? In addition, the association of the Statute with the custom is important. Furthermore, the question of the executive scope of this Article; the existing and developing rules of international law; and the position of the principle of the legality of crimes and punishmemts, and its compulsory effect i.e. the non-retroactive principle will arise.
It is concluded in this paper that upon insertion of Article 10 into the Statute,a communication tactic between the rights contained in the Rome Statute and the rights outside of the Statute has been created in order to enhance the development of International Criminal Law and the subsequent custom.
