Massoud Alizadeh
Abstract
Coronavirus crisis that began since November 2019 in China influenced the entire World rapidly. This crisis provoked some important questions regarding its legal aspects. One of these questions was about the duty of States in realm of individuals’ rights. Due diligence in international law should ...
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Coronavirus crisis that began since November 2019 in China influenced the entire World rapidly. This crisis provoked some important questions regarding its legal aspects. One of these questions was about the duty of States in realm of individuals’ rights. Due diligence in international law should be considered a key notion for regulation of States’ behavior concerning the coronavirus crisis. Content of this flexible principle as a conduct rule is not a new innovation. No-harm rule as corollary of that principle could be described as an appropriate framework in regulating the conduct of States regarding their neighbors during Covid-19 outbreak. States’ obligations for respecting the human fundamental rights as a key point have been studied in this article. The shadow of due diligence principle on fulfillment of International Health Regulation by States has been the core of this study.
Ramin Yarmohammadi; Zahra Mahmoudi Kordi
Abstract
Due to the advancement of industry and increasing economic activities, environmental interferences have been raised, which has led to the emergence of transboundary harm. Given the widespread effects of transboundary harm, governments have departed from a traditional compensation-based approach to a ...
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Due to the advancement of industry and increasing economic activities, environmental interferences have been raised, which has led to the emergence of transboundary harm. Given the widespread effects of transboundary harm, governments have departed from a traditional compensation-based approach to a preventive approach. Experiences and scientific findings show that in addition to its environmental benefits, the preventive approach is economical and therefore is known as the Golden Rule and the Environmental Watch Tower. This article seeks to identify the main elements of the states’ obligation to prevent transboundary harm, using international instruments and precedents. It is concluded that firstly, the obligation to prevent includes two elements: substantial (or due diligence) and procedural (or cooperation), each of which has their structures or components whose existence is essential in identification of the responsibility of the state of origin. Secondly, considering the extent and the negative effects of transboundary harm, the two elements are intrinsic and inseparable, both necessary to fulfill the state’s commitment to prevention.
