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.

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History

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

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