نوع مقاله : مقاله پژوهشی

نویسندگان

• Elham Heidarzadeh ¹
• Akbar Varvaii ²
• منصور پورنوری ³
• ناصر قاسمی ⁴

¹ Department of Environment Law, Graduate School of Environment and Energy, Science and Researcher Branch, Islamic Azad University, Tehran, Iran

² Assistant Professor, Department of Law, Police University, Tehran, Iran

³ استادیار گروه حقوق دانشگاه آزاد اسلامی واحد تهران مرکز

⁴ استادیار گروه حقوق جزا و جرم‌شناسی، دانشکده علوم قضایی و خدمات اداری، تهران، ایران

چکیده

The main issue presented in this article, which is going to review the rights to a healthy environment and the prohibition of air pollution, in particular dust, now has become an issue that needs national solidity and regional interactions for a solution; and to enable the decrease of the pollution for the affected countries as well. Dust is a phenomenon that is the result of an environmental crisis. The absence of international rules, as well as uncertainty in states’ obligations toward each other, have complicated this crisis on the regional and international levels. The main goal of this article is first, recognizing the Customary and general principles that are existing in Iranian laws to arrange regional programs to decrease and diminish the dust phenomenon. Second, the article intends to raise sensitivity in people toward the critical and dangerous conditions of environmental pollutions. Third, it is going to lay legal and executive grounds to increase the local institutions and international organizations’ responsibilities for such issues. However, the main question in this article, with descriptive-analytical approach, is: in the absence of binding and identified international and regional obligations regarding dust, in what ways affected governments could protect the right to a healthy environment for their citizens? Based on this question, one can conclude that even though the affected governments do not maintain reciprocating conventions, the international customary law and local legal general principles of those countries conform to the governments’ obligation; and suggest that they take action against any harm, in particular, the environmental irreparable harm to their citizens. 

کلیدواژه‌ها

• rights
• healthy environment
• air pollution
• dust
• customary principles
• general principles

موضوعات

• آموزش محیط زیست و حقوق محیط زیست

عنوان مقاله [English]

A study on the rights to a healthy environment, with the emphasis on the prohibition of air pollution (Dust): Creation of national solidarity and regional interaction, in the light of customary law and general principles of the laws of Iran

نویسندگان [English]

• Elham Heidarzadeh ¹
• Akbar Varvaii ²
• Mansour Pournouri ³
• Naser Ghasemi ⁴

¹ Department of Environment Law, Graduate School of Environment and Energy, Science and Researcher Branch, Islamic Azad University, Tehran, Iran

² Assistant Professor, Department of Law, Police University, Tehran, Iran

³ Assistant Professor, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

⁴ Assistant Professor, Faculty of Judicial Sciences, University of Judicial Sciences and Administrative Services, Tehran, Iran

چکیده [English]

The main issue presented in this article, which is going to review the rights to a healthy environment and the prohibition of air pollution, in particular dust, now has become an issue that needs national solidity and regional interactions for a solution; and to enable the decrease of the pollution for the affected countries as well. Dust is a phenomenon that is the result of an environmental crisis. The absence of international rules, as well as uncertainty in states’ obligations toward each other, have complicated this crisis on the regional and international levels. The main goal of this article is first, recognizing the Customary and general principles that are existing in Iranian laws to arrange regional programs to decrease and diminish the dust phenomenon. Second, the article intends to raise sensitivity in people toward the critical and dangerous conditions of environmental pollutions. Third, it is going to lay legal and executive grounds to increase the local institutions and international organizations’ responsibilities for such issues. However, the main question in this article, with descriptive-analytical approach, is: in the absence of binding and identified international and regional obligations regarding dust, in what ways affected governments could protect the right to a healthy environment for their citizens? Based on this question, one can conclude that even though the affected governments do not maintain reciprocating conventions, the international customary law and local legal general principles of those countries conform to the governments’ obligation; and suggest that they take action against any harm, in particular, the environmental irreparable harm to their citizens. 

کلیدواژه‌ها [English]

• rights
• healthy environment
• air pollution
• dust
• customary principles
• general principles