Volume 9, Issue 2 (7-2019)
پژوهشهاي سياسي جهان اسلام 2019, 9(2): 183-213 |
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javadi H, nikkhah sarnaghi R, salehi S. A Study of the Jurisprudential Pattern and Environmental Policies of the Islamic Republic of Iran in Lake Urmia. پژوهشهاي سياسي جهان اسلام 2019; 9 (2) :183-213
URL: http://priw.ir/article-1-1051-en.html
URL: http://priw.ir/article-1-1051-en.html
1- Instructor, Law Department, Islamic Azad University, Urmia Branch, Iran.
2- Assistant Professor, Department of Islamic Jurisprudence and Law, Urmia University, Iran.
2- Assistant Professor, Department of Islamic Jurisprudence and Law, Urmia University, Iran.
Abstract: (1861 Views)
Lake Urmia is one of the most important wetlands in Iran, which is registered in the list of wetlands of international importance of the Ramsar Convention. According to this convention, Iran is committed to the reasonable use of Lake Urmia. Reasonable use of this lake ensures the adoption of a comprehensive management approach in the operation of this wetland. Environmental assessment projects affecting it, determining the water rights of the wetland and legislation to support it by implementing these development plans without environmental assessment and ignoring Regular rules with the protection of the lake, in addition to changes in the ecological conditions of the lake and the development and implementation of a comprehensive management plan for the lake can restore it and guarantee the realization of reasonable use. The right to a healthy environment is one of the most important examples of human rights that has been considered by the international community due to its direct relationship with human mental health. Although the right to the environment is a new term in international law, but in most jurisprudential discussions, the environment and its importance have been mentioned, and since in jurisprudence any obligation requires the existence of a right, it can be said that the science of jurisprudence is not alien to this term. Undoubtedly, jurisprudence is the golden section of religion to regulate the angle of view and how we relate to nature, which on the one hand defines the do's and don'ts of human presence in the environment and regulates binding laws, and on the other hand its dynamism and relationship with Time and place maintain and strengthen its ability to meet new needs. Although jurisprudential arguments have sufficient implication in determining the limits and limits of human possessions in nature, but jurisprudential rules, because they apply to both the mujtahid and the imitator, can be more applicable in the field of environment. Given the importance of the environment and the threat to the human race, it is necessary to study the question of what effect the principles of jurisprudence and law can have on the preservation of the environment and especially the solution of the problem of Lake Urmia? Examining the theories of legal scholars as well as the sources of jurisprudence, it seems that in international law, the right to environment is two basic foundations, namely intrinsic value and instrumental value, and in jurisprudence, the main basis can be verses, hadiths, reason, consensus and jurisprudential rules. explained. It seems that jurisprudential principles can pave the way for the revitalization of Lake Urmia in the formulation of new laws on water resources management.
Keywords: Environment, right in the environment, Lake Urmia, principles of jurisprudence, human rights
Type of Study: Research |
Subject:
Special
Received: 2019/04/30 | Accepted: 2019/08/23 | Published: 2020/02/25
Received: 2019/04/30 | Accepted: 2019/08/23 | Published: 2020/02/25
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