نوع مقاله : مقاله پژوهشی
نویسنده
استادیار حقوق بین الملل عمومی، گروه حقوق، دانشکده علوم انسانی، دانشگاه بوعلی سینا، (همدان، ایران)
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Environmental disasters have increasingly emerged as one of the major global challenges, and this has led to a great deal of attention being paid to the impacts and consequences of these disasters beyond national borders. In the current era, understanding and analyzing the relationship between the environment and international law has gained particular importance, especially in the context of third-party state intervention in environmental crises and disasters. Such a situation creates a need to examine the conditions for legal intervention by states in response to environmental disasters. The aim of the present study, which is expressed in a descriptive-analytical manner, is to examine the conditions and legal frameworks in which states can intervene in response to environmental disasters in another country without the use of force. Given the various aspects of environmental disasters and their transnational impacts, the concept of common concern of humanity and the principle of do no harm are examined as key tools for addressing these challenges. The findings of the study show that the principle of do no harm and the concept of common concern of humanity can actually lead to a reduction in the scope of exclusive jurisdiction of states. The reduction of jurisdiction, especially in situations where environmental disasters have transboundary and threatening consequences, allows states to intervene in response to these situations. Based on these results, the actions of states in response to environmental disasters can be legitimate under the principle of non-intervention and will be justified not only from moral but also.
کلیدواژهها [English]
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