چکیده:
Today, environmental protection is considered one of the most important international concerns. In this regard, numerous international efforts have been made, including the conclusion of various environmental treaties and the efforts of international and regional trade organizations such as NAFTA, the European Union, and even the World Trade Organization, to incorporate environmental protection regulations within trade regulations. Furthermore, the judicial practices of international bodies such as the International Court of Justice, international arbitration tribunals, and quasi-judicial international bodies like WTO panels, as well as competent domestic authorities, have played a significant role in environmental protection. The question is: to what extent has international judicial practice been effective in enhancing environmental protection? This research, utilizing descriptive-analytical methods, seeks to answer this question. The aim of this paper is to clarify the place and importance of environmental regulations in international trade relations. The emphasis of the article is on examining the rulings of international courts and quasi-judicial bodies, international arbitrations, and domestic authorities.
خلاصه ماشینی:
Furthermore, judicial practices of international bodies such as the International Court of Justice and international arbitration tribunals, as well as quasi-judicial international bodies like the WTO panels, and also competent domestic authorities in the field of environmental protection, have played an important role.
١. Introduction To identify and examine international judicial practice in the field of free trade, it is necessary to examine how judicial rulings are issued in international judicial bodies such as the International Court of Justice and the Permanent Court of Arbitration, as well as quasi-judicial bodies such as the WTO panels, which have played a very important role in preserving and protecting the environment alongside trade liberalization around the world.
In general, international arbitration has played an effective and important role in resolving disputes between human rights and environmental protection with international trade, and today there is more space to file lawsuits and commercial disputes related to compliance with environmental regulations in the field of renewable energies, carbon taxes, and obligations under the Paris Agreement (29: 2018, Beradicurti).
” However, according to the “legitimate expectations” standard, the host government can expect the implementation of human rights by the investor government only when these human rights and environmental regulations have previously been incorporated into the country's domestic legal system (in the constitution or ordinary laws referring to international standards for the protection of human rights and the environment).
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