International Law
Meisam Norouzi; Pouya Berelian; Mehdi Eskandari Khoshgu
Abstract
Introduction
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 ...
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Introduction
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.
Literature Review
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.
Materials and Methods
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.
Results and Discussion
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.
Conclusion
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.
International Law
Anahita Seifi; Najmeh Razmkhah
Abstract
Artificial intelligence is the science of empowering machines to perform actions similar to human activities. In other words, artificial intelligence is considered a science and a set of computer technologies designed to think, reason and imitate human behavior.Artificial intelligence is considered a ...
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Artificial intelligence is the science of empowering machines to perform actions similar to human activities. In other words, artificial intelligence is considered a science and a set of computer technologies designed to think, reason and imitate human behavior.Artificial intelligence is considered a new technology that has influenced various aspects of human life, from the economy to health and employment.Activists in the field of artificial intelligence always talk about the capabilities of this technology. According to them, the development and expansion of artificial intelligence is a great tool to deal with human problems and dilemmas. For example, the increase in temperature, decrease in biodiversity, deforestation, floods, droughts, air pollution, and garbage accumulation are all among the environmental problems that have plagued humanity, problems that require immediate and effective solutions. For this purpose, resorting to artificial intelligence and its capabilities in environmental care has been proposed as one of the scientific and technical solutions to deal with these environmental challenges.The capabilities of artificial intelligence in agricultural management, measuring the amount of greenhouse gases, managing and monitoring the optimization of energy consumption, recycling waste, and strengthening and optimizing the public transportation system are all among the potential capabilities of artificial intelligence in the protection of the environment.But on the other hand, the process of designing, producing, supplying, and resorting to artificial intelligence has been associated with various challenges such as high energy consumption, extensive use of rare metals, and destruction of mineral resources, as well as increasing waste production and environmental pollution. These problems have caused serious doubts about the capabilities of this technology considering the growing trend to resort to artificial intelligence. This has led to environmental activists raising the question of whether this technology will provide a toolbox for a sustainable future for humans.Concerns regarding the performance of artificial intelligence and the widespread global support for this technology on the other hand prompted the world community to respond to these doubts, by regularizing the processes of research, development, production, and supply of artificial intelligence.One of these attempts is preparing the First Draft of the Recommendation on the Ethics of Artificial Intelligence in September 2020 By the United Nations Educational, Scientific and Cultural Organization (UNESCO).This draft, which was prepared in the form of 8 sections with the efforts of UNESCO international experts, with the aim of creating an international framework in the field of ethical and legal issues related to artificial intelligence systems, is approved at the 41st annual meeting of UNESCO, which was held in November 2021, with the votes of 193 member countries of this organization as the first international document that specifically considers the ethical norms and human rights of artificial intelligence..This document will not be binding but it is significant because it will be the first international document that specifically considers the ethical norms and human rights of artificial intelligence.The drafters of this recommendation talked about four human values which the 1st is respecting, encouraging and ensuring the basic principles of human rights, the second is , protecting the environment, the third is protecting biodiversity and the fourth, is living in peace and reconciliation.This draft demanded all the activists in the field of artificial intelligence to participate in the activities and adhere to principles such as proportionality, safety, fairness, responsibility, and accountability.But when looking at the draft text it seems that in some cases it contains ambiguities and defects, especially environmental discussions.These defects lead to several questions such as: “Has UNESCO's ethical draft been able to address the challenges in the environment sector, to provide effective regulations and solutions?” and “Considering the important and ever-increasing role of private companies active in the production and supply of artificial intelligence systems, have the authors of the draft been able to act successfully regarding attributing responsibility, methods of compensation for environmental damages, and commitment to observe the precautionary principle?” This article aims at working on these subjects, questions, and ambiguities with an analytical-descriptive method.
Atiyeh Shah hosseini; Ali Mashhadi
Abstract
Compensation of transboundary environmental damages, especially in the case of hazardous activities is one of the complex issues of international environmental law. Sometimes in spite of taking all preventive measures, some authorized and legitimate activities of States that are generally dangerous can ...
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Compensation of transboundary environmental damages, especially in the case of hazardous activities is one of the complex issues of international environmental law. Sometimes in spite of taking all preventive measures, some authorized and legitimate activities of States that are generally dangerous can cause irreparable damages to other subjects of international law and especially to the environment. For as much as these activities are not prohibited, the traditional systems of civil responsibility are not effective when dealing with the compensation of environmental damages. Therefore, the development and codification of particular system of compensation for environmental damages is inevitable. The result of international community's effort in this context is the approval of draft of International Law Commission titled Draft Principles on the Allocation of Loss in the Case of Transboundary Harm Arising out of Hazardous Activities, with Commentaries 2006” declaring that the State is responsible and obliged to prevent and the operator of hazardous activity is obliged for compensation of the damages under circumstances to commit such acts
Mohammad Ali Solhchi; Mehrdad Mohammadi
Volume 16, Issue 46 , September 2015, , Pages 81-101
Abstract
One of the most controversial issues about transnational corporations is their environmental performance, sometimes leading to irreparable damages. This issue has been the concern for many developing countries, as the capital importing countries, and the developed world as well. Transnational corporations' ...
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One of the most controversial issues about transnational corporations is their environmental performance, sometimes leading to irreparable damages. This issue has been the concern for many developing countries, as the capital importing countries, and the developed world as well. Transnational corporations' environmental violations raise questions as to their probable Human rights and environmental obligations, if any. A great challenge for imposing binding obligations on these non-state actors is their legal character, let alone their extraordinary power and reluctance. Hence, most of the norms and principles in this context are considered to be part of soft law. Meanwhile, international environmental law, as one of the branches of international law, has some emerging standards. In this study we have examined the most prominent international environmental standards and guidelines, which can be followed by corporations for a sound environmental performance. However, it is expected that these emerging standards will change to hard law.
Ali Mashhadi; Mahnaz Rashidi
Volume 16, Issue 46 , September 2015, , Pages 103-123
Abstract
International sanctions against Iran have had various effects at national level. This paper has examined the effects of sanctions on the environment, energy and technology transfer areas from the international view point. The fundamental assumption of this paper is that sanctions on the environment violate ...
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International sanctions against Iran have had various effects at national level. This paper has examined the effects of sanctions on the environment, energy and technology transfer areas from the international view point. The fundamental assumption of this paper is that sanctions on the environment violate the right to a clean environment which is directly related to the right to health and the right to life. They also, breach general and special environmental law principles, including common but differentiated responsibilities principle, co-operation principle, etc. Considering the vast importance of energy in Iran’s economy, it is evident that sanctions have had widespread impacts on this part. Restricting the transfer of knowledge and technology related to nuclear activities and energy has caused problems on industry and technology.
Zahra Mahmoodi Kordi
Volume 15, Issue 41 , December 2014, , Pages 169-236
Abstract
Abstract While debates on the linkage of trade and environment first initiated around 8 decades ago, it has been nearly over the past three decades during which the subject has become a topic of heated discussions between scholars of both sides. Given the major role WTO plays in regulating the International ...
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Abstract While debates on the linkage of trade and environment first initiated around 8 decades ago, it has been nearly over the past three decades during which the subject has become a topic of heated discussions between scholars of both sides. Given the major role WTO plays in regulating the International trades relations , conservationists have maintained a close scrutiny on the way WTO’s has dealt with environmental issues .Although WTO lacks a special agreement on environment , most agreements formulized within its domain include environmental regulations that require member states to insure the environment is duly protected. This paper seeks to illustrate the paramount importance of environmental issues in WTO’s activities, work out relevant solutions as how to strike a balance between trade and environment and shall discuss ways to assume more responsibility and accountability for WTO and its organs with regards to environmental issues .
Mohammad Hossein Ramazani Ghavam Abadi
Volume 15, Issue 40 , September 2013, , Pages 141-164
Abstract
Precautionary principle is one of the pivotal principles in the realm ofInternational Environmental law. For insuring sufficient protection of theenvironment, the Precautionary Approach requires states to takecomprehensive precautionary measures in line with their affordablecapabilities. Lack of ready ...
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Precautionary principle is one of the pivotal principles in the realm ofInternational Environmental law. For insuring sufficient protection of theenvironment, the Precautionary Approach requires states to takecomprehensive precautionary measures in line with their affordablecapabilities. Lack of ready access to definitive scientific facts and figures,where there are threats of serious or irreversible damages, certainty maynot lay the foundation for evading effective measures be taken as tosafeguard environmental against degradation. Although manyinternational environmental instruments have made reference to theprinciple, it is not well respected and adequately adhered to byinternational tribunals. This paper seeks to examine the legal validity ofthis principle before such tribunals.
Seyed Abbas Poorhashemi; Sahar Zarei; Yalda Khalatbari
Volume 15, Issue 39 , July 2013, , Pages 61-90
Abstract
The principle of International Cooperatio is of great importance in the
International environmental law as one of the public international law
branches. In this fram ework the euitable and reasonable utilization of
territory and management of common resources such as transboundary water
resources ...
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The principle of International Cooperatio is of great importance in the
International environmental law as one of the public international law
branches. In this fram ework the euitable and reasonable utilization of
territory and management of common resources such as transboundary water
resources and international lakes requires international cooperation.
Universal desire to Public’s need to cooperate toward environmental
protection in many binding and non - and it s implementation in global and
regional scope is studied legal basis of the principle of cooperation in
international environmental law is expressed the 1972 Stockholm
Declaration is one of the first texts who initiate this issue. In this paper, is
expressed. Article 24 of environmental law texts binding international
