Abstract:
Recourse to legal methods of dispute settlement for environmental disputes can cover the of the government's environmental obligations, which is aimed at comprehensive protection of the global environment, by providing appropriate guarantees. The role of such authorities in strengthening the guarantee of the fulfillment of governments environmental obligations, which are often considered as general obligations, is undeniable. This paper aims to answer this question: what role do the legal methods of dispute settelment play in gurenteeing the implementation of the international environmental obligations? By referring to thematic writings and analyzing legal methods of dispute settlement, the role of these authorities in strengthening the fulfillment of environmental obligations and human rights rules related to the environment and, the protection of the environment against government behavior will be examined. The commitment of the government to resort to legal methods in international environmental disputes, in addition to the development of international environmental law, leads to the creation of legal guarantees for the implementation of international obligations of states to the environment and the human generation.
Machine summary:
Judicial Assessment of Dispute Resolution in International Environmental Law Mohammad Dhaker Ardakani 1, Alireza Arashpour *2 Abstract Resorting to legal methods in resolving environmental disputes between countries can cover the implementation of environmental commitments by the government by creating appropriate guarantees, whose fundamental goal is the comprehensive protection of the global environment.
In this article, by referring to subject literature and analyzing legal methods, the role of these authorities in strengthening the guarantee of implementing environmental commitments and establishing the implementation of human rights rules related to the environment, and ultimately, protecting the environment against state behavior is investigated, and we find that the government's commitment to resorting to legal methods in international environmental disputes, in addition to developing international environmental law, leads to the creation of legal guarantees in the implementation of the government's international commitments to the components of the environment and humanity.
Resorting to legal methods in resolving international disputes, in addition to guaranteeing and establishing the results obtained and obligating the parties to implement issued rulings, on the one hand, is an effective legal guarantee in implementing the international commitments of the governments involved in the dispute, and on the other hand, has a developmental role for other subjects of international law.
Therefore, another important legal effect of referring environmental disputes to international and national judicial authorities is the elucidation and consolidation of the rights of future generations in the light of deterrent rules in order to benefit from a healthy environment.