THE LIABILITY OF STATES AS REGARDS THE COMPENSATION OF THE LOSSES RESULTED FROM THE ENVIRONMENTAL DAMAGES
DOI:
https://doi.org/10.32461/2226-3209.1.2018.178779Abstract
Abstract. Environmental protection is a necessity that everyone insists on it and the international law has declared every action by the states that would cause a harm or loss to the environment to be a subject of international liability. It is needless to say that whenever this international responsibility of the states is used in a correct fashion it can reduce the damages done to the environment. This requires comprehensive cooperation in the international community whose lack is felt today. The current study uses a descriptive and analytic method to assay various aspects of the liability of the states before the losses resulted from the damages to the environment. This research has shown that the "principle of sustainable use of land" is a proper basis for acceptance of the liability of states before the possible environmental damages. This basis in the sources of international law is among some conventions or decisions that have been adopted by the authorities in charge of investigation of international cases. However, it seems that one can consider it an example of the common rules or general principles of international laws and for this reason; it is binding for all countries. Of course, taking the states liable before the environmental damages requires some conditions to be fulfilled including attribution of the action to the state and violation of an international treaty (committing an international crime) in the presence of which the state should compensate the damages via paying indemnity.
Key words: International Responsibility of States, Environmental Damages, Principle of Sustainable Use of
Land, International Liability.
References
Amir Arjmand, Ardashir, Environmental protection and international consolidation, journal of legal studies,
no. 15, 1995.
Thurayaei Azar, Hossein, Public international law, Qoomas, 2003.
Jamali, Hamidreza, common heritage of humanity, its concept and application in international law, journal of law and politics, year 12, no. 31, 2010.
Helmi, Nasrullah, international liability of state and political protection, Mizan, 2008.
Rezaei, Saleh, international liability of states in prosecution of the damages caused by peaceful nuclear activity, journal of law, faculty of law and political sciences, year 40, no. 1, spring 2010.
Ramezani Qawamabadi, Muhammad Hussein, a look at the principle of sustainable use of land in international
environmental law, journal of environmental sciences, year 4, no. 4, summer 2007.
Rodriguez, V., civil international liability before the environmental damages a means for implementation of
international law, translated and edited by Nader Saed, journal of environment, no. 37, 2002.
Zamani, Qasem, development of international liability in the light of international environmental law, journal
of legal studies, year 1, no. 1, summer 2002.
Saed, Nader and Samei, Ali, Environmental law, theories and procedures, Tehran, Environmental protection
office, 2009.
Saed, Nader, introduction to comparative environmental law, Tehran, Environmental protection office, 2009.
Saed, Nader, human environmental rights, Dadgostar, 2010.
Abdullahi, Mohsen, Crime against environment and international law, journal of environmental sciences, no. 4, 2002.
Firuzi, Mahdi, Right to environment, Tehran, Jahad-e Daneshgahi, 2005.
Fiuzi, Reza, international liability and theory of political protection, Tehran University Press, 2000.
Alexander Case, Environmental law, translated by Hasan Habibi, Tehran, TUP, 2007.
Katoozian, Nasir, environmental liability, journal of law, year 38, no. 2, summer 2008.
Moqtadir, Hushang, public international law, Tehran, Ministry of Foreign Affair, 1994.
Momtaz, Jamshid, resorting to nuclear weapons and protection of environment, journal of law, no. 24, 2002.
Musavi, Seyed Fazlullah, international Environmental law, Mizan, 2001.
Musavi, Seyed Fazlullah, history of sources of international environmental law, 2006.
Mollaei, Yusif, governance and international law, Elm, Tehran, 2005.
Wallace, Rebeca, international law, translated by Mohammad Sharif, Ney, 1999.
Hanji, Seyed Ali, fundamental rules of international criminal law, journal of law, no. 33, 2005.
Brownlie, lan. Principle of Public International Law, Claredon Press, Oxford, Fourth Edition, .1990
Harris, D.J. Cases and Materials on International Law. Fifth Edition, Sweet Max Well, .1998
Hwnkin, [et al], International Law: Cases and Materials, west Publishing Company, .1982
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