Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 201-215 |
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Mansourkhani F, Mirabbasi S B, Asgarkhani A M, Moradi M. Environmental Analysis of the Third Generation of Human Rights with an Emphasis on the Guarantee of Implementation. MLJ 2022; 16 :201-215
URL: http://ijmedicallaw.ir/article-1-1548-en.html
URL: http://ijmedicallaw.ir/article-1-1548-en.html
1- Department of International Law, Qeshm International Unit, Islamic Azad University, Qeshm, Iran
2- Department of Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
3- International Department, Qeshm International Unit, Islamic Azad University, Qeshm, Iran.
2- Department of Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
3- International Department, Qeshm International Unit, Islamic Azad University, Qeshm, Iran.
Abstract:
Background and Aim: The approach of the third generation of human rights towards the environment and guaranteeing the implementation of environmental protection is one of the important issues to be investigated in the present paper.
Method: This paper is descriptive and analytical, using the library method, and it investigated the above-mentioned subject and the data was collected by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, the originality of the text, honesty and trustworthiness have been observed.
Results: For damage to the environment, punishments such as compensation, financial fine, and restoration to the previous situation have been considered. The guarantees of civil and administrative actions in the field of environmental damages are not able to fully compensate the damages caused to the environment and its human victims. In other words, financial fines have not been able to deter environmental violations. Therefore, this inefficiency has been taken into consideration by applying criminal law as a supplement to the guarantee of existing implementations. In Iran's laws, punishments such as fines and imprisonment have been determined for environmental destruction as a guarantee of execution, but the determined punishments, especially the amount of fines, do not have sufficient deterrence.
Conclusion: The international community has noticed the use of the guarantee of criminal implementation in the protection of the environment in the international arena, and it has brought the criminal mechanism into the field of international environmental law in a limited way, but it faces the challenges, such as classical and sovereignty-oriented international law, the nature of the environment itself as well as the limitations of criminal law. In Iranian law, it is necessary to determine a more efficient criminal guarantee as a surety for criminal execution.
Please cite this article as:
Mansourkhani F, Mirabbasi SB, Asgarkhani AM, Moradi M. Environmental Analysis of the Third Generation of Human Rights with an Emphasis on the Guarantee of Implementation. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e15.
Method: This paper is descriptive and analytical, using the library method, and it investigated the above-mentioned subject and the data was collected by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, the originality of the text, honesty and trustworthiness have been observed.
Results: For damage to the environment, punishments such as compensation, financial fine, and restoration to the previous situation have been considered. The guarantees of civil and administrative actions in the field of environmental damages are not able to fully compensate the damages caused to the environment and its human victims. In other words, financial fines have not been able to deter environmental violations. Therefore, this inefficiency has been taken into consideration by applying criminal law as a supplement to the guarantee of existing implementations. In Iran's laws, punishments such as fines and imprisonment have been determined for environmental destruction as a guarantee of execution, but the determined punishments, especially the amount of fines, do not have sufficient deterrence.
Conclusion: The international community has noticed the use of the guarantee of criminal implementation in the protection of the environment in the international arena, and it has brought the criminal mechanism into the field of international environmental law in a limited way, but it faces the challenges, such as classical and sovereignty-oriented international law, the nature of the environment itself as well as the limitations of criminal law. In Iranian law, it is necessary to determine a more efficient criminal guarantee as a surety for criminal execution.
Please cite this article as:
Mansourkhani F, Mirabbasi SB, Asgarkhani AM, Moradi M. Environmental Analysis of the Third Generation of Human Rights with an Emphasis on the Guarantee of Implementation. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e15.
Type of Study: Original Article |
Received: 2022/08/26 | Accepted: 2022/11/13
Received: 2022/08/26 | Accepted: 2022/11/13
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