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Author(s): 

BLAKE JANET

Issue Info: 
  • Year: 

    2011
  • Volume: 

    8
  • Issue: 

    2
  • Pages: 

    11-27
Measures: 
  • Citations: 

    0
  • Views: 

    2215
  • Downloads: 

    57
Abstract: 

This article is primarily concerned with the question of how far Environmental justice is being and can be achieved within the international legal system. justice has been conceived since ancient times as comprising not only norms, rules and the institutions by which these are implemented, but also the fundamental principles of fairness and equity both in the implementation of rules (so that one group in society is not unfairly advantaged or disadvantaged) as well as in the rules themselves. Hence, ensuring international Environmental justice is not simply a matter of developing and implementing effective standards for the regulation of activities that damage the environment and other means of Environmental protection and conservation. It is also important to recognise that the implementation of rules of law may not in itself represent a just outcome and that considerations of equity and fairness then come into play as, for example, in the discretion given to the International Court of justice under its Statute to decide cases ex aequo et bono. Nationally, governments should seek to ensure that not only do the laws and rules governing the protection of the environment and related matters deal with these questions in a manner that ensures justice equally for all members of society (as far as this is possible) but also that their implementation is fair. On the international level, it is vital that the asymmetry of economic and political power that is the reality of the international community is not expressed as serious injustice with relation to access to, exploitation or enjoyment of Environmental resources. As an illustrative case, the question of ‘biopiracy’ of traditional botanical knowledge is considered. This case demonstrates that the existing intellectual property and international trade rules unfairly advantage large corporations over local and indigenous communities and that the system established within the framework of the World Trade Organization and its main Agreements has exacerbated this imbalance of interests.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    33-42
Measures: 
  • Citations: 

    0
  • Views: 

    42
  • Downloads: 

    0
Abstract: 

Introduction: Arbitration has a contractual nature and is subject to the sovereignty of the will of the parties, but in some cases, the legislator imposed the referral of claims to arbitration on the will of the parties and caused the contractual nature of the arbitration clause to disappear or be limited. By doing this, he has placed the arbitration outside the will of the parties. This issue causes some moral conflicts in the discussion of compulsory arbitration. Therefore, this research has been done with the purpose of examining the position of compulsory arbitration in Iran's legal system and the ethical challenges in it with a descriptive-analytical approach. Material and Methods: The research was a review method, in order to achieve the goal of the research, in addition to electronic education books and virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed Conclusion: Based on the findings of the research, it can be concluded that compulsory arbitration in Iran has ethical challenges in the field of implementation and interpretation, the most important of which is the issue of the right to action and judicial justice. In the context of ambiguities in mandatory arbitration, even if the method of arbitration becomes ambiguous, the arbitrator has the duty to find out the will of the legislator with the principles and rules of interpretation, which creates a moral conflict for the arbitrator.

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Author(s): 

MITCHELL G. | DORLING D.

Issue Info: 
  • Year: 

    2003
  • Volume: 

    35
  • Issue: 

    5
  • Pages: 

    909-929
Measures: 
  • Citations: 

    1
  • Views: 

    91
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    22
  • Issue: 

    8 (99)
  • Pages: 

    103-111
Measures: 
  • Citations: 

    0
  • Views: 

    870
  • Downloads: 

    0
Abstract: 

The international community is increasingly facing Environmental problems such as deforestation, global warming, Environmental pollution, species extinction and desertification, and more. The development of human society over the centuries has been such that it cannot rely solely on the environment. In this regard, economic, scientific and technological development is formed in space and time. In the course of this development, according to human concerns, sustainability is an issue that guarantees the rights of future generations. Although the frameworks of solidarity law have also taken great strides in this direction, the appropriate conditions have not been sufficient in any way. Hence, the spatial and temporal nature of human development has raised concerns about human rights and the environment. Using conceptual analysis, this article critically examines the concepts of Environmental justice and sustainable development and proves that development is meaningful in terms of issues such as respect for the environment and respect for human rights against the environment. This article concludes that global happiness and prosperity can only be achieved in an atmosphere of understanding between nations on the basis that the protection of the environment and its sustainability is a matter of respect for Environmental rights. Therefore, one of the suggestions of this article is to establish efforts related to sustainable development based on Environmental justice.

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Author(s): 

Saharkhiz Niloufar

Issue Info: 
  • Year: 

    2024
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    25-32
Measures: 
  • Citations: 

    0
  • Views: 

    0
  • Downloads: 

    0
Abstract: 

This study aimed to explore the human rights impact of biometric surveillance through the lived experiences and perceptions of community members in Tehran. A qualitative research design was employed, utilizing semi-structured interviews with 27 participants recruited purposively from Tehran. Data collection continued until theoretical saturation was achieved. Interview transcripts were analyzed thematically using NVivo software to identify key themes related to privacy concerns, legal and ethical issues, social and community impacts, and technological factors. Four main themes emerged from the analysis. Privacy concerns dominated, with participants highlighting limited awareness of data collection, fears about data security breaches, surveillance-induced anxiety, behavioral modifications, and distrust of authorities. Legal and ethical issues revealed perceived regulatory gaps, challenges in obtaining genuine consent, and calls for accountable and ethical technology use. Socially, biometric surveillance was associated with discrimination, social exclusion, erosion of trust, low public awareness, and disproportionate effects on vulnerable groups. Technological factors, including accuracy limitations, data management practices, technological accessibility, system integration, user control deficits, and lack of transparency, further shaped participants’ perceptions. These findings underscore the multifaceted human rights challenges posed by biometric surveillance in a context with evolving technological adoption but insufficient legal safeguards. The study demonstrates that biometric surveillance significantly impacts individuals’ privacy, autonomy, and social well-being, particularly in settings lacking robust regulation and public engagement. Addressing these issues requires comprehensive legal frameworks, transparent and ethical technology deployment, enhanced public awareness, and inclusive governance models to safeguard human rights in the digital age.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

GAFFRON PHILINE

Journal: 

TRANSPORT POLICY

Issue Info: 
  • Year: 

    2012
  • Volume: 

    20
  • Issue: 

    -
  • Pages: 

    114-127
Measures: 
  • Citations: 

    1
  • Views: 

    160
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 160

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Journal: 

Public Law Research

Issue Info: 
  • Year: 

    2018
  • Volume: 

    20
  • Issue: 

    60
  • Pages: 

    237-259
Measures: 
  • Citations: 

    0
  • Views: 

    531
  • Downloads: 

    0
Abstract: 

Nowadays, Environmental protection is a major preoccupation in the international community. One of the essential trends of international Environmental law is the presence of non-governmental actors in the formation, application, and control of Environmental regulations. Recognition of the legal personality as a player in the international sphere is a general evolution in the protection of the environment. The present article tries to explain the role of non-governmental actors in Environmental questions in the light of international conventions such as the Aarhus Convention as well as judicial decisions of the International Court of justice. The results imply that the decision makers in the European Union should modify some regulations either in regional or national level to fulfill the ambitious goals of the founders of this unique international organization.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

ARAYESH M.B.

Issue Info: 
  • Year: 

    2018
  • Volume: 

    13
  • Issue: 

    2
  • Pages: 

    29-38
Measures: 
  • Citations: 

    0
  • Views: 

    488
  • Downloads: 

    0
Abstract: 

Background Ecological justice is a challenging concept in relation to the current development of agriculture، because it positions social and ecological interests against market liberalism and economic growth. Ecological justice concerns fairness with regard to the common environment based on the idea that environments are fundamentally shared. Organic agriculture is in an advanced position with regard to ecological justice، since it aims to interact in a positive way with the environment. But ecological justice also poses significant challenges to organic agriculture. In this study is considered to the status of Environmental justice in the global challenges of organic farming by looking at the ethical and practical activities and the manner of convergence and compromise between Environmental justice and organic activities. Conclusion The three main challenges of hithero commons، external Environmental and social costs that are not accounted in the market، growing distance in form of distant trade and ownership in the organic food. We conclude that the ideas of ecological justice can be promoted by in different way by means of organic agriculture، by implementing ecological justice more fully in the organic certification standards through incorporating a measure of nearness and developing an organic fair trade، by promoting non-certified agriculture based on the organic principles as an alternative development strategy for local sustainable communities and food security and by organic agriculture serving as an alternative example for the broader implementation of ecological justice in agriculture and society.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    6
  • Issue: 

    21
  • Pages: 

    39-58
Measures: 
  • Citations: 

    0
  • Views: 

    424
  • Downloads: 

    280
Abstract: 

The purpose of this study is to analyze the status of urban parks enjoyment and accessibility in Eslamshahr, a city with a population of more than 540000 located in 12 Km southwest from Tehran. The research method is Comprative evaluation and we use descriptive statistics indexes such as per capita and covered land ratio, and accessibility measures based on minimum distance to the nearest park, and the park access areas. Finding showed that both per capita park lands (2. 2 m2) and ratio of park lands are low (2. 2 m2 and 1. 3% respectively). There are also large disparities in spatial distribution of parks as more than 42% of the city's area, in which more than 29. 5% of the population reside in, is not within parks access areas. This is while in the southern part of the city, access area of 10 parks are overlapped. In term of accessibility, district 4th of Eslamshahr municipality in south, has a more appropriate condition, so that half of its inhabitants reside in a maximum distance of 60 m from nearest park. In contrast, district 5th has only one park and the distance between most residents and the park is high. In order to move towards Environmental justice, it is necessary to allocate more land to parks and construct and develop parks, especially in the central part and in the parts with no access to existing parks...

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    7
  • Issue: 

    2
  • Pages: 

    106-125
Measures: 
  • Citations: 

    0
  • Views: 

    0
  • Downloads: 

    0
Abstract: 

Environmental justice is a concept that links the balance between economic and social systems with Environmental protection. Trying to realize it is a fundamental principle for achieving sustainable development. The aim of this research is to determine the most important factors affecting the realization of Environmental justice, and since its realization requires the synergy of various social, political, and economic institutions and factors, we witness many uncertainties in this area; In order to manage this area full of uncertainty, the futures research method was chosen because this method can organize uncertainties in the form of possible scenarios for the future. The case study of this research is conducted in Kashan city because a look at the development indicators of the cities of Isfahan province shows that there is a large disproportion between the capacities of this city and its development ranks, and this disproportion and finding the causes and solutions to improve it are the main issues of the authors of this research. This research has interviewed experts in the field of development in four stages, which resulted in reaching 29 variables affecting Environmental justice in Kashan. These variables were transformed into 10 drivers with the experts' opinions, and the main drivers were identified through the MiqMaq software and entered into the Scenario Wizard software. These drivers, in order of priority, are Environmental education, green economy, green partnership, clean energy, green technology, Environmental culture, sustainable agriculture, Environmental rights, the right to nature, and Environmentally friendly urban planning. Environmental education can be the most important driver in realizing Environmental justice when it is applicable to all segments of society. It is necessary for the economy to grow not based on dependent and hard industries, but based on cultural industries. Also, by popularizing decision-making, implementing, and monitoring institutions in the field of the environment, a great step can be taken towards realizing Environmental justice through promoting social participation.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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