Review The approach of Customary Rules of International Environmental Law in Climate Change

Today, custom is of great importance in the world community and means a general procedure that has been accepted as a legal rule, and such a custom creates a mandatory legal rule that is implemented in relations between governments and has two material and spiritual elements. Unfortunately, despite...

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Main Authors: Masoud Raei deheghi, Farhad Farhad Hemmati Golsefidi, Alireza Arashpour
Format: Article
Language:English
Published: Shahr-e- Danesh Research And Study Institute of Law 2023-09-01
Series:پژوهشهای حقوقی
Subjects:
Online Access:https://jlr.sdil.ac.ir/article_152402_74697c1f3ea05a3429ecdfc99ebace03.pdf
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author Masoud Raei deheghi
Farhad Farhad Hemmati Golsefidi
Alireza Arashpour
author_facet Masoud Raei deheghi
Farhad Farhad Hemmati Golsefidi
Alireza Arashpour
author_sort Masoud Raei deheghi
collection DOAJ
description Today, custom is of great importance in the world community and means a general procedure that has been accepted as a legal rule, and such a custom creates a mandatory legal rule that is implemented in relations between governments and has two material and spiritual elements. Unfortunately, despite the fact that many treaties, declarations and international documents have been issued in relation to the environment, we still see that the environmental situation of the planet is becoming more and more unfavorable, so the international community has principles abo0ut International environmental law has been drafted. With global warming and climate change, governments have come together to find a solution. Now we want to examine what the relationship is between customary international law and international environmental law, and to what extent the rules of customary international law can be effective in preventing environmental degradation and favoring climate change. International custom, if accompanied by the necessary publicity and acceptance, can have an aspect of law for the international community. Thus, the normalization of climate commitments is useful where governments' practices are not accountable and do not provide appropriate rules, and can be cited as a stimulus for governments to legislate.
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spelling doaj.art-9abf78c1263340c7a5684c209af1ef652024-02-19T22:14:01ZengShahr-e- Danesh Research And Study Institute of Lawپژوهشهای حقوقی1682-92202717-00202023-09-01225420123210.48300/jlr.2022.334149.1997152402Review The approach of Customary Rules of International Environmental Law in Climate ChangeMasoud Raei deheghi0Farhad Farhad Hemmati Golsefidi1Alireza Arashpour2Professor, Department of Law, Faculty of Law and Islamic Education, Najafabad Branch, Islamic Azad University, Najafabad, Iran.Ph.D. Student in Public International Law, Faculty of Law and Islamic Education, Najafabad Branch, Islamic Azad University, Najafabad, Iran.Associate Professor, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan , Isfahan, Iran.Today, custom is of great importance in the world community and means a general procedure that has been accepted as a legal rule, and such a custom creates a mandatory legal rule that is implemented in relations between governments and has two material and spiritual elements. Unfortunately, despite the fact that many treaties, declarations and international documents have been issued in relation to the environment, we still see that the environmental situation of the planet is becoming more and more unfavorable, so the international community has principles abo0ut International environmental law has been drafted. With global warming and climate change, governments have come together to find a solution. Now we want to examine what the relationship is between customary international law and international environmental law, and to what extent the rules of customary international law can be effective in preventing environmental degradation and favoring climate change. International custom, if accompanied by the necessary publicity and acceptance, can have an aspect of law for the international community. Thus, the normalization of climate commitments is useful where governments' practices are not accountable and do not provide appropriate rules, and can be cited as a stimulus for governments to legislate.https://jlr.sdil.ac.ir/article_152402_74697c1f3ea05a3429ecdfc99ebace03.pdfcustomary international lawinternational environmental lawclimate changesclimate commitmentcustomary rules
spellingShingle Masoud Raei deheghi
Farhad Farhad Hemmati Golsefidi
Alireza Arashpour
Review The approach of Customary Rules of International Environmental Law in Climate Change
پژوهشهای حقوقی
customary international law
international environmental law
climate changes
climate commitment
customary rules
title Review The approach of Customary Rules of International Environmental Law in Climate Change
title_full Review The approach of Customary Rules of International Environmental Law in Climate Change
title_fullStr Review The approach of Customary Rules of International Environmental Law in Climate Change
title_full_unstemmed Review The approach of Customary Rules of International Environmental Law in Climate Change
title_short Review The approach of Customary Rules of International Environmental Law in Climate Change
title_sort review the approach of customary rules of international environmental law in climate change
topic customary international law
international environmental law
climate changes
climate commitment
customary rules
url https://jlr.sdil.ac.ir/article_152402_74697c1f3ea05a3429ecdfc99ebace03.pdf
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