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Information Journal Paper

Title

Analysis of the Elements of Obligation to Prevent Trans boundary Environmental Harm

Pages

  243-268

Abstract

 Due to the advancement of industry and increasing economic activities, environmental interferences have been raised, which has led to the emergence of transboundary harm. Given the widespread effects of transboundary harm, governments have departed from a traditional compensation-based approach to a preventive approach. Experiences and scientific findings show that in addition to its environmental benefits, the preventive approach is economical and therefore is known as the Golden Rule and the Environmental Watch Tower. This article seeks to identify the main elements of the states’ Obligation to prevent transboundary harm, using international instruments and precedents. It is concluded that firstly, the Obligation to prevent includes two elements: substantial (or Due diligence) and procedural (or cooperation), each of which has their structures or components whose existence is essential in identification of the responsibility of the state of origin. Secondly, considering the extent and the negative effects of transboundary harm, the two elements are intrinsic and inseparable, both necessary to fulfill the state’ s commitment to prevention.

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  • Cite

    APA: Copy

    Yarmohammadi, Ramin, & Mahmoudi kordi, Zahra. (2020). Analysis of the Elements of Obligation to Prevent Trans boundary Environmental Harm. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 21(66 ), 243-268. SID. https://sid.ir/paper/958253/en

    Vancouver: Copy

    Yarmohammadi Ramin, Mahmoudi kordi Zahra. Analysis of the Elements of Obligation to Prevent Trans boundary Environmental Harm. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2020;21(66 ):243-268. Available from: https://sid.ir/paper/958253/en

    IEEE: Copy

    Ramin Yarmohammadi, and Zahra Mahmoudi kordi, “Analysis of the Elements of Obligation to Prevent Trans boundary Environmental Harm,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 21, no. 66 , pp. 243–268, 2020, [Online]. Available: https://sid.ir/paper/958253/en

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