پژوهشهای حقوقی (Sep 2023)

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

  • Masoud Raei deheghi,
  • Farhad Farhad Hemmati Golsefidi,
  • Alireza Arashpour

DOI
https://doi.org/10.48300/jlr.2022.334149.1997
Journal volume & issue
Vol. 22, no. 54
pp. 201 – 232

Abstract

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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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