Document Type : Article

Authors

1 Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Phd in General International Law, Faculty of Law and Political Science, Allameh Tabatabaii University, Tehran, Iran

10.22059/jplsq.2021.311993.2597

Abstract

Sustainable development is an approach to development whereby economic, social and environmental considerations are taken into account in order to ensure that present as well as future generations continue to enjoy the benefits of development. This approach is directly related to the realization of human rights in the development process. Non-conformance to environmental considerations in the process of development has adverse effects on human rights. However, a human rights-oriented approach to development will provide the necessary basis for ensuring environmental considerations in economic development. Although the exercise of full sovereignty by states over their natural resources and national development programs is accepted by the international community, this approach has some adverse trans-boundary environmental effects, which impact the human rights of affected communities. Restricting the absolute sovereignty of states in the exploitation of their natural resources, as well as in the formulation of their national development plans in line  with environmental considerations, is necessary so as to guarantee the promotion of human rights in the development process.

Keywords

  1. English

    1. A) Books
    2. Bedjaoui, Mohammed (1979), Toward a New International Economic Order, Paris, Unesco.
    3. Crawford, James.R (2012), Brownlie,s Principles of Public International Law, 8th Edition, Oxford, Oxford University Press.
    4. Sands, Philippe, Peel, Jacqueline and Others (2012), Principles of International Environmental Law, Third Edition, New York, Cambridge University Press.

     

    1. B) Articles
    2. Adel Ghorani, Azam & Bamdad Riahi-Zanjai. (2016), “Effects of air pollution on human health and practical measures for prevention in Iran”, Journal of Research in Medical Sciences, Vol.21, No.65, pp.1-12.
    3. Brunne´e, Jutta. (2020), “International Environmental Law and Climate Change: Reflections on Structural Challenges in a“Kaleidoscopic” World”, Georgetown Environmental Law Review, Vol. 33, Issue.1, pp.113-134.
    4. Emas, Rachel (2015), “the Concept of Sustainable Development: Definition and Defining Principles”. Available at: https://sustainablede velopment.un.org/content/documents/5839GSDR%202015_SD_concept_definiton_rev.pdf
    5. Gupta, Joyeeta & Schmeier, Susanne (2020). “Future Proofing the Principle of no Significant Harm”, International Environmental Agreements, Vol.20, No.4, pp. 731-747
    6. Parmar, Swati Singh (2019). “Sovereignty and Trans-Boundary Environmental Issue: A search for Co-Existence”. Dharmsashastra National Law University. Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3328086
    7. Spijkers, Otto (2020), “the No Significant Harm Principle and the Human Right to Water”. International Environmental Agreements: Politics, Law and Economics, vol.2, Issue.4, pp.699-712
    8. Ugochukwu, Basil (2015), “Climate Change and Human Rights: How? Where? When?”. Centre for International Governance Innovation. (CIGI), Papers, No. 82, Waterloo: Canada.

     

    1. C) Reports
    2. Akram, Zamir (2017), Report of the Working Group on the Right to Development on its Eighteenth Session, A/HRC/36/35, Human Rights Council, Geneva, Switzerland.
    3. Elver, Hilal (2017), Report of the Special Rapporteur on the Right to Food, A/HRC/34/48, Human Rights Council.
    4. Knox, John H. (2013), Report of the Independent Expert on the Issue of Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment, A/HRC/25/53, Human Rights Council.
    5. OHCHR (2015), Understanding Human Rights and Climate Change, Submission of the Office of the High Commissioner for Human Rights to the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change, Paris
    6. the World Commission on Environment and Development. (1987), Report of the World Commission on Environment and Development: Our Common Future, Oxford University Press, New York, USA.
    7. the Centre for International Sustainable Development Law (CISDL) (2002)., International Human Rights and International Sustainable Development Law, for the World Summit on Sustainable Development Johannesburg. Montreal, Canada.
    8. United Nations High Commissioner for Human Rights (2009), Annual Report of the United Nations High Commissioner for Human Rights and Reports of the Office of the High Commissioner and the Secretary-General, A/HRC/10/61, Human Rights Council.
    9. World Bank (2010), World Development Report 2010: Development and Climate Change, , Washington D.C, USA

     

    1. D) Thesis
    2. Schrijver, Nico. (1995), Sovereignty over Natural Resources: Balancing Rights and Duties in an Interdependent World, Thesis for Ph. D in Public International Law, University of Groningen, Groningen: Netherlands.

     

    1. E) Judgments
    2. Ad Hoc Tribunal, Libyan American Oil Co (LIAMCO) v. The Government of the Libyan Arab Republic, 12 April 1977, Yearbook of Commercial Arbitration, Vol.VI, Kluwer Law International, 1981
    3. Ad-Hoc-Award, Kuwait v. The American Independent Oil Company (AMINOIL), 21 ILM 976, 24 March 1982
    4. ICJ, Case Concerning the Pulp Mills on the River Uruguay, Argentina v. Uruguay, Judgment of 20 April 2010
    5. ICJ, Certain Activities Carried out by Nicaragua in The Border Area, CostaRica v. Nicaragua and Construction of a Road in CostaRica along The San Juan River, Nicaragua v. CostaRica, Judgment of 16 December 2015
    6. Trail Smelter Case (USA v Canada), 11 March 1941, Reports of International Arbital Awards, Vol.III, United Nation, 2006
    7. The Inter-American Court of Human Rights, the Environment and Human Rights, Advisory Opinion OC-23/17, 15 November 2017

     

    1. F) Documents
    2. A/RES/2200 A (XXI), 1966
    3. A/RES/S-6/3201, 1974
    4. A/RES/29/3281, 1974
    5. Paris Agreement on Climate Change, 12 December 2015.
    6. United Nations Conference on Environment & Development, Agenda 21, 1992

     

    References in Persian:

    1. A) Books
    2. Kurukulasuriya, Lal & Robinson, Nicholas A. (2011), Training Manual on International Environmental Law, Translated by, Seyed Mehdi hosseini, Tehran: Mizan Publishing (In Persian).
    3. Mashhadi, Ali (2013), the Right to a Healthy Environment (Iranian-French Method), Tehran: Mizan Publishing (In Persian).
    4. MirAbbasi, Seyed Bagher & MirAbbasi, Rozi (2016), the Place of Sustainable Development in the Realization of Human Rights from the Perspective of International Law, Tehran: Jangal Publication (In Persian).

     

    1. B) Articles
    2. Firouzpour, Kosar (2018), “Researcher’s Liability in term of Damages to Environment Associated with Scientific Investigations,” Vol.17, No.35, pp.243-262 (In Persian).
    3. Ramazani Ghavamabadi, Mohammad Hossein (2015),” Green economy: a step towards sustainable development in international law,” Journal Encyclopedia of Economic Law, Vol.21, Issue.6, pp.114-141 (In Persian).
    4. Ramazani Ghavamabadi & Mohammad Hossein, Hassan Shafighfard (2016), “Sustainable Development and Right to a Healthy Environment: Contradiction or Companionship,” World Politics: a Quarterly Journal, Vol.5, Issue.1, pp.241-271 (In Persian).
    5. Salimi Turkamani, Hojjat (2013), “International sustainable development law, from lexfranda to lexlata”, Journal Encyclopedia of Economic Law, Vol.19, Issue. 2, pp.44-73 (In Persian).
    6. Shamsaii, Mohammad (2006), “International Economic Law and Pprinciple “Sustainable Developmen”t, Public Law Research, Vol. 8, Issue. 19, pp.7-25 (In Persian).
    7. Shirazian, Shirin & Heydari, Flora (2019), “the Right to a Healthy Environment; the Realization of the Right to Life from the Perspective of International Law”, In the Collection of Articles of the 24th National Conference of the Association of Environmental Specialists and the 14th Green Development Festival, pp.1-20. Available at: https://civilica.com/doc/1016362 (In Persian).
    8. Tayebi, Sobhan, Mahnaz Zarabi(2019), “Environmental Diplomacy and Climate Change; Constructive strategic approach to reducer,” Human & Enviorment, Vol.16, No.47, pp.159-170 (In Persian).
    9. Vosoughi Fard, Babak (2012), “Case Concerning Aerial Herbicide Spraying (Ecuador v. Colombia), the 21th Century Trail Smelter?,” Vol. 29, Issue. 47, pp.139-158 (In Persian).
    10. Zahedi, Shamssosadat & Najafi, Gholamali (2006), “Conceptual Development of Sustainable Development”, Quarterly Journal of Humanities Teacher, Vol.10, No.4, pp.43-76 (In Persian).