نوع مقاله : مقاله پژوهشی
1 گروه زمین شناسی، دانشکده علوم زمین، دانشگاه شهید بهشتی
2 دانشیار پژوهشکده علوم محیطی دانشگاه شهید بهشتی، تهران، ایران
عنوان مقاله [English]
International and regional environmental conventions not only could be effective for environmental protection but also it could be a best opportunities and capacities for cooperation between Iran and neighboring countries. There are about 280 international and regional environmental conventions. About 70 conventions are global and the rest are regional. The following manuscript is going to explain about the most important environmental conventions that Iran is the member of. Environmental conventions have too many benefits not only for Iran but also to its neighbors. These conventions not only help to protect our regional ecosystem and natural resources but also those are the best opportunities and capacities for other cooperation such as eco-tourism, scientific, economical and even political cooperation. It seems that the establishment of regional environmental fund and headquarter office would be the first step of serious cooperation for environmental protection of our region between Iran and its neighbors.
The inclusion of the environment in the category of public goods necessitates the need for government intervention in its protection. On the other hand, the integration of natural resources and the transmission of environmental impacts on a transnational and international scale reveals the need for conservation measures at levels beyond the geographical borders of a country. In the late nineteenth and early twentieth centuries, with the development of environmental concerns and the emergence of cross-border aspects of its effects, the formation of international and regional treaties and conventions to protect the environment began. Therefore, each time, depending on the case, one of the issues related to the environment, from the pollution of common waters to the trade of endangered species and the transfer of hazardous waste, was the subject of this treaty. Among the special features of environmental treaties are their universality, non-political, non-security and their dynamism.
According to Article 9 of the Civil Code, ratified international treaties that are compatible with the Constitution are in accordance with the law in terms of implementation and validity and can create rights and obligations in the normative system and subject matter of the country. Regarding international, regional or bilateral environmental treaties, the provisions of these treaties force the parliament and the government to implement them. After the country joins an international treaty, the Cabinet issues ratifications, determines the national authority and executive regulations to interpret the obligation of the institution affiliated to the executive branch to comply with the treaties. In this regard, it is necessary to enact a national enforcement law, either independently or within other laws (such as the five-year economic-socio-cultural development laws). Therefore, within the country, a national authority is designated for each international treaty, which in international treaties related to environmental protection is definitely this authority in most cases, although in other cases, other organizations and institutions (such as Ports and Shipping Organization) are also responsible for this task.
The existence of numerous international, regional and bilateral treaties and conventions can greatly reduce the damage to the common regional environment. A noteworthy point in this regard is the dispute over the determination of the country of the damage processor in the event of environmental damage. In this regard, the establishment of a regional compensation fund in the region is proposed. This fund can be effective in financing the necessary expenses for environmental protection based on the set principles. The principle of payment by the polluter, the imposition of duties and taxes on exporting countries or buyers of oil in the region, the tax on fishing, the collection of fines for the entry of pollutants into the sea from land and the receipt of assistance from international environmental funds can all be financial resources can provide the fund. The fund can help countries that have environmental problems or need to acquire new equipment or technologies to protect the environment, especially the marine environment, by providing loans and facilities. Selecting an appropriate national authority, establishing a permanent secretariat and holding periodic meetings can also be more effective in making these conventions more effective for Iran and its neighbors.