Obstacles to the Implementation of the Precautionary Principle in the Protection of the Caspian Sea Environment

Document Type : Original Article

Authors

1 Ph.D. in Public International Law, Payam-e-Noor University of Borazjan

2 Associate Professor of Law, Isfahan University

3 Associate Professor of Law, Allameh Tabataba’i University

10.22034/jlr.2020.185449.1754

Abstract

In addition to shaping the principle of cooperation, especially through joint agreements between the neighboring countries of the Caspian Sea, the precautionary principle as one of the important principles in protecting the environment of the Caspian Sea can be helpful. Relying on the precautionary principle and the best available scientific evidence, the environment of the Caspian Sea can be preserved and used rationally. Therefore, the question arises what are the obstacles to applying the precautionary principle in protecting the environment of the Caspian Sea? The present study has concluded with a descriptive-analytical method that this principle has a logic as a principle and the protection of the Caspian Sea environment within the framework of the precautionary principle and reasonable attention to the harmful effects of non-compliance with this principle, although it has an effective role in protecting this watershed, in practice, especially in politics and law, it is very vague and could not fulfill its promises, and due to different interpretations of the precautionary principle, and not penetrating into the domestic legislation of the Caspian littoral states, and the severity of the danger or even the existence of danger and costly application of this principle, as well as the lack of an effective monitoring mechanism and system of responsibility, has not been able to help its mission, which is to protect this water area, and therefore it will become the subject to different perceptions and powers of countries.

Keywords

Main Subjects

References

  1. Alkalaj, S., "Environmental Performance Reviews Turkmenistan", United Nation New York and Geneva, UN Economic Commission for Europe, 2012,pp 1-35.
  2. Fitzmaurice, Malgosia, "Legitimacy of International Environmental Law. The Sovereign States Overwhelmed by Obligations: Responsibility to React to Problems Beyond National Jurisdiction? ", Max-Planck-Institute für ausländisches öffentliches Recht und Völkerrecht, ZaöRV,2017, vol. 77, pp 339-370
  3. Hønneland, G., "Norway and Russia: Bargaining Precautionary Fisheries Management in the Barents Sea", Arctic Review on Law and Politics, 2014,vol. 5, 1.
  4. 17. Kumar Jaggi, Navin,"the Precautionary Principle in the Indian Courts", Lawyers Club India (LCI),2018
  5. Li, F., Hongcang D., Mincang L,"Analysis, treatment and countermeasures on oil spills at sea", Institute of Physics Conference Series: Material Science Engineering,2018, vol. 397, issue 1, pp 1-7.
  6. Mammadov,E., S. Timirkhanov, T.A. Shiganova, A. Abdoli "Management of Caspian Biodiversity Protection and Conservation", Springer International Publishing Switzerlan, 2016

20.Ricci, Paolo F, Hua-Xia Sheng,"Benefits and Limitations of the Precautionary Principle",Reference Module in Earth Systems and Environmental Sciences,Elsevier, 2013, 276-285.

21.Royal Haskoning DHV, "Environmental Impact Assessment (EIA) and Appriopriate Assessment (AA) Evaluation of assessment tools and methods, Commissioned by the Antwerp Port Authority', Tidal river development, 2012

  1. Sirinskiene, A.,"The Status of Precautionary Principle: Moving Towards a Rule of Customary Law", Jurisprudence, 2009,vol. 4(118), 349-364
  2. Tubiana, M , "the Precautionary Principle: Advantages & Risks", J.Chir, Paris, vol. 138, issue 2, 2001
  3. Zander, J., The Application of the Precautionary Principle in Practice, Cambridge University Press, Nova Yorque,2010

 

 

Documents:

  1. Convention on Environmental Impact Assessment in a Transboundary Context (Espoo), 1991
  2. Convention on Legal Satus of Caspian Sea, 2018, Aktau, Kazakhestan
  3. Framework Convention for the Protection of the Marine Environment of Caspian Sea,2003, Tehran
  4. Law of the Azerbaijan Republic on Protection of the Environment,(1999), No. 678-IQ, Article 3
  5. Protocol on Environmental Impact Assessment in a Transboundary Context, 2018, Moscow, Russia
  6. Protocol for the Conservation of Biological Diversity, 2014,Ashgabat
  7. Protocol for the Protection of the Caspian Sea against Pollution from Land-based Sources and Activities, 2012, Moscow
  8. Protocol Concerning Regional Preparedness, Response and Co-operation in Combating Oil Pollution Incidents, 2011, Aktau, Kazakhstan
  9. The draft Law on Pastures, UN Economic Commission for Europe, Environmental Performance Reviews Turkmenistan, UN, New York and Geneva, 2012 First Review

34.The Ecological Code of the Republic of Kazakhstan, (2011) No. 212 of 2007and Amendment

  1. Turkmenstan 2011 Forest Code

 

 

Files

History

  • Receive Date: 21 October 2020
  • Revise Date: 10 December 2020
  • Accept Date: 16 December 2020

Share

How to cite

Statistics