The Effectiveness of Enforcement Guarantees in International Environmental Law and the Development of Its New Tools

Document Type : Original Article

Authors

1 PhD, Department of Faculty Environement Law, of Natural Resources and Environment, Science and Research Branch, Islamic Azad University, Tehran, Iran

2 Corresponding Author, Faculty member of Department of Environmental Law, Shahid Beheshti University, Tehran, Iran

3 President of the Canadian Institute for International Law Expertise (CIFILE), Toronto, Canada

4 Faculty Member of Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

10.22034/eiap.2023.170007

Abstract

The present study aims to evaluate the effectiveness of classical performance guarantees in international environmental law and the need to establish new types of performance guarantees in this area. In the present descriptive and analytical method, library resources and available information were used for collecting the data. First, the effectiveness of classical performance guarantees is studied, and then new executive guarantees and the reasons for their formation are discussed. The main question is whether the guarantee of classical performances plays a significant role for protecting the environment effectively. Regarding the theoretical foundations of the research, the main hypothesis is that new executive guarantees are being formed and developed for further protection of the environment. The results of the data analysis indicated that the amount of effectiveness is not sufficient alone to protect the environment due to the specific nature of environmental issues and its relationship with the need to form new enforcement guarantees in spite of the effectiveness of classical enforcement guarantees in international environmental law due to their limitations. Thus, two new types of enforcement guarantees including paying for compensation without agreement and recourse to court in cases of severe environmental damage, as well as controlling compliance and non-compliance with environmental conventions by member states were efficiently identified and developed from the environment for effective protection

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Environmental Researches
Volume 13, Issue 26
Recerches
March 2023
Pages 115-128

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