International Law and Climate Change in the Process of Global Sustainable Development from the Perspective of Islamic Jurisprudence
Subject Areas : All jurisprudential issuesMahsa Abbasi 1 , Maryam Moradi 2 , Mansour Atasheneh 3
1 - PhD student in Public International Law, Department of International Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.
2 - Assistant Professor, Department of International Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.
3 - Associate professor in law department, faculty of law and political science, Shahid Chamran University, Ahwaz, Iran
Keywords: Climate change, global sustainable development, international law,
Abstract :
The dominant discourse on international development law in the historical and economic context of the 1960s was mainly based on economic development. However, gradually, in the light of international efforts and the issuance of the Brundtland Report, a concept called sustainable development was proposed in the scope of international law. A concept that, through the interaction between the three dimensions of economic, social and environmental development, guided international development law towards the international law of sustainable development. Almost all the principles of international environmental law have been used to substantiate the concept of sustainable development. Principles such as: the principle of sovereignty over natural resources, the principle of commitment to cooperation, information and assistance in cases of environmental emergencies, the principle of protection and preservation of the environment, the principle of the obligation to pay a fine by the polluter, the principle of prevention and the precautionary principle. Of course, the concept of sustainable development is directly reflected in the concepts of international environmental law, rather than in the principles. At the same time, despite the progress made in the literature on sustainable development in international law, due to the fact that the meaning of this concept has not been established in law and, in practice, based on the recognition of important documents in this field based on the priority of economic development over environmental and social development, sustainable development policies have failed and we are witnessing a significant gap in the theoretical and practical approach to sustainable development in international development law. In this study, in addition to examining the principles and concepts related to sustainable development in international environmental law, the challenges and strategies for achieving environmental rules in sustainable development have been discussed.
• Arrhenius,Svante,)1990(.”on the influence of carbonic acid in the air up on the temprature of the ground” philosophical magazine and journal of science,series5,volume41,april.1991:207-276
• Bettelheim, Eric C, and Gilonne d'Origny,)2002(, “Carbon Sinks and emissions trading under the Kyoto Protocol: A Legal Analysis” Philosophical Transactions: Mathematical, Physical and engineering sciences, Vol. 360, No. 1797
• Bodansky, Daniel,)1990(, “The United Nations Framework Convention on Climate Change: A Commentary” Yale Journal of International Law, Vol.18
• Halvorssen, Anita M.,)2005(,“The Kyoto Protocol and Developing Countriesthe Clean Development Mechanism” Colorado Journal of International Environmental Law and Policy,Vol.16
• Mathews, Monica S, )2000(, “The Kyoto Protocol to the United Nations Framework
• Convention on Climate Change: Survey of Its Deficiencies and Why the United States Should Not Ratify this Treaty” Dickinson Journal of Environmental Law & Policy, Vol. 9.
• Wilder Martijn and Paul Curnow,)2001(, “The Clean Development Mechanism” University of New South Wales Law Journal, vol. 24.
• Biermann, Frank.2002,” Institutions for scientific advice: global environmental assessement and their influence in developong countries”, global governance, 195-219
• Bodansky, Paniel .2010 “The copenhagen climate change accord” , ASLL Insights,vo1.
• Critchefield, J.H. 1983,” General climatology”, prentice Hall INC. U.S.A
• Dessler, David. 1999”What's at Stake in The Agent- Structure Debate ? International Organization”, vol 40, N.0 P.454.
• Hidor,J.J., and Oliver , 1990, “Climatology: An atmospheric science”, macmillan publishing company, New york, USA.
• Gate, D.M 1990, “Climate change and biological consequences sinauer associate” ,Inc publisher
