Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 865-882 |
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Moghofei M, Ranjbar I, Azadbakht F. Responsibility of governments for environmental pollution in the light of the normative hierarchy of the international legal system. MLJ 2021; 15 (56) :865-882
URL: http://ijmedicallaw.ir/article-1-1368-en.html
URL: http://ijmedicallaw.ir/article-1-1368-en.html
1- Department of International Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran
2- Department of Political Science, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran
2- Department of Political Science, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran
Abstract:
Background and Aim: Prohibition of environmental pollution and the right to a healthy environment are thematically part of the realm of international human rights. In the international human rights environment, the position of different norms is different. The main purpose of this study is to investigate the prohibition of environmental pollution in the international human rights system and its normative hierarchy.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: The findings of the present study show that considering the importance and status of the environment and the prohibition of pollution, as well as its close relationship with certain examples of international rules such as the right to life, prohibition of use of force and aggression, as well as the practice of international actors (Both states and non-states), there is a capacity to make the prohibition of environmental pollution an example of the rule of international law.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: It seems that considering the mechanism of aggravated responsibility for governments and considering the obligations of other members of the international community in cases of widespread environmental pollution is in line with the principle of participation (which is one of the fundamental principles of environmental law).
Cite this article as: Moghofei M, Ranjbar I, Azadbakht F. Responsibility of governments for environmental pollution in the light of the normative hierarchy of the international legal system. Medical Law Journal 2021; 15(56): e55.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: The findings of the present study show that considering the importance and status of the environment and the prohibition of pollution, as well as its close relationship with certain examples of international rules such as the right to life, prohibition of use of force and aggression, as well as the practice of international actors (Both states and non-states), there is a capacity to make the prohibition of environmental pollution an example of the rule of international law.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: It seems that considering the mechanism of aggravated responsibility for governments and considering the obligations of other members of the international community in cases of widespread environmental pollution is in line with the principle of participation (which is one of the fundamental principles of environmental law).
Cite this article as: Moghofei M, Ranjbar I, Azadbakht F. Responsibility of governments for environmental pollution in the light of the normative hierarchy of the international legal system. Medical Law Journal 2021; 15(56): e55.
Keywords: International Responsibility of States, Fundamental Human Rights, Environmental Pollution, Normative Hierarchy
Type of Study: Original Article |
Received: 2021/02/20 | Accepted: 2021/07/17
Received: 2021/02/20 | Accepted: 2021/07/17
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