نوع مقاله : علمی-پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
Abstract
Environmental law is related to our natural heritage and cultural heritage. Natural heritage includes the atmosphere, oceans, plant and animal life, water, soil and other natural resources, both renewable and exhaustible. Our cultural heritage includes the intellectual, artistic, social and historical records of mankind. In the past few decades, awareness of the harmful effects of environmental pollution on humans and their quality of life has increased significantly. This awareness has followed the very dramatic destruction of the world's environment - land, water and air - over the past two centuries. While human activities have always affected the natural world, the negative impact of this activity has increased exponentially in this period of time. The question that arises is that the guarantee of the right to a healthy environment in Islam, Iran and documents How is international?
The research method proposed in this research is descriptive-analytical and using library tools and internet documents.
Keywords: Enforcement mechanisms, Iran, international documents, right to nature.
Introduction
The interdependence of natural and cultural heritage is fundamental to human survival, preservation, and progress. Humanity serves as a bridge between these two domains. Cultural heritage is a manifestation of human perception of the natural order, expressed through visual, ethical, or mystical perspectives. In turn, the conservation of natural heritage relies on human attitudes shaped by cultural, ethical, and religious beliefs.
The increasing emphasis on environmental protection necessitates an analysis of the conceptual values underpinning environmental laws. The growing academic, legal, political, and governmental interest in the various dimensions of environmental law justifies such an inquiry. However, a unified global approach is often unfeasible in a pluralistic international society. The diversity of economic, social, and cultural conditions leads to disparate environmental concerns and policies. Developed nations can afford to prioritize environmental protection over development, whereas developing nations typically emphasize economic growth over environmental concerns.
Historical shifts in perspectives underscore this dynamic. The 1972 Stockholm Conference, for instance, prompted less developed nations to support environmental protection as a component of economic development strategies. Conversely, as unresolved environmental challenges became more apparent, developed countries exhibited declining enthusiasm for environmental projects.
Materials & Methods
This study employs a descriptive-analytical approach, utilizing qualitative research methods based on literature reviews, legal texts, and international agreements. The primary sources include Islamic jurisprudence, Iranian environmental laws, and international environmental agreements. Secondary sources comprise scholarly articles, official reports, and case law that contextualize the enforcement mechanisms of environmental rights across different legal frameworks.
The research follows a comparative approach, examining the implementation of environmental rights in three legal spheres: Islamic teachings, Iranian national legislation, and international legal instruments. By identifying similarities and differences in these legal frameworks, the study aims to highlight strengths, challenges, and potential areas for legal harmonization.
Discussion & Result
International Environmental Law (IEL)
International Environmental Law (IEL) serves multiple objectives, primarily aimed at protecting the environment and human health. It encompasses various global concerns, including air and water pollution, overfishing, and climate change. IEL represents both a branch of international law and an internationalization of environmental law at the national level. The mid-20th century marked a critical turning point in the development of IEL, as global institutions recognized environmental violations as impediments to sustainable development.
Despite the proliferation of international environmental treaties, enforceable rights to a healthy environment remain absent from binding international law. The legal landscape is characterized by a multitude of agreements with significant enforcement gaps. Nonetheless, core principles such as sustainability, the precautionary principle, liability for environmental harm, and intergenerational equity have gained recognition.
The Right to a Healthy Environment in International Instruments
The recognition of the right to a healthy environment has evolved through key international agreements. The 1972 Stockholm Conference marked the first global acknowledgment of environmental concerns, culminating in a declaration that emphasized individuals' right to an environment conducive to dignity and well-being. Subsequent agreements, including the 1992 Rio Declaration and the 2015 Paris Agreement, reinforced commitments to sustainable development and climate action.
Multilateral Environmental Agreements (MEAs) serve as primary instruments for addressing global environmental challenges. However, their effectiveness varies based on political will, compliance mechanisms, and financial resources available to signatory states. While some MEAs have facilitated significant progress, others remain limited by weak enforcement provisions.
Conclusion
Efforts to develop international environmental law date back to the 19th century, with early treaties focusing on wildlife conservation. However, the recognition of a right to a healthy environment gained prominence only after the 1972 Stockholm Conference. This conference catalyzed legal developments, prompting nations to enact environmental laws and reinforcing the connection between human rights and environmental protection.
Islamic teachings emphasize environmental stewardship, regarding nature as a divine trust that must be preserved for future generations. Iran's environmental policies, as outlined in Article 50 of its Constitution, reflect this principle by prohibiting activities that lead to environmental degradation. Internationally, environmental rights have been framed within human rights discourse, recognizing access to a healthy environment as a fundamental right.
The intersection of Islamic principles, Iranian law, and international agreements underscores the universal significance of environmental protection. A holistic approach that integrates religious, national, and global perspectives can enhance legal frameworks and promote sustainable development. Ultimately, environmental conservation is both a moral duty and a legal imperative, necessitating cooperative efforts across diverse legal and cultural traditions.
کلیدواژهها English