نوع مقاله : علمی پژوهشی
نویسندگان
1 استادیار گروه حقوق عمومی، دانشکدة حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
2 دانشجوی دکتری حقوق بین‌الملل، دانشکدة حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Introduction
The principle of the obligation to notify and provide information is one of the fundamental principles of international environmental law. It refers to the general obligation of a state to communicate relevant information on one or more issues in a timely manner to another state, particularly regarding scientific data or specific technical activities. In other words, in international law, the obligation to provide information is considered a basic duty of states in their international relations, especially significant in the field of transboundary environmental protection. This obligation requires states to furnish necessary information to other interested states when their activities may cause harm to the environment of other countries or to areas under international jurisdiction.
The obligation to provide information may relate either to general and undefined matters or to specific and well-defined issues. The growing international recognition of this principle was first highlighted in the arbitration between Spain and France in the Lake Lanoux Case. It has since been explicitly affirmed in numerous binding and non-binding instruments of international law, the earliest of which can be traced back to the 1972 Stockholm Declaration.
This article examines the recognition and application of the principle of notification by the International Court of Justice (ICJ) and its place in the Court’s jurisprudence. Through a library-based legal analysis of ICJ judgments and advisory opinions, it seeks to answer the key question: How has the principle of the obligation to notify been recognized in international law and ICJ jurisprudence, and what role does it play in emerging ICJ disputes and cases?
In the Corfu Channel case, the ICJ highlighted the connection between the duty to inform and fundamental humanitarian considerations. Similarly, other cases analyzed in this article demonstrate the relationship between the notification obligation and environmental protection — such as the Legality of the Threat or Use of Nuclear Weapons advisory opinion and the Nuclear Tests case — as well as its link to the principles of cooperation and good neighborliness in the Gabčíkovo–Nagymaros Project and Pulp Mills on the River Uruguay cases. The Court has also emphasized this obligation in relation to state sovereignty in disputes such as the Nicaraguan Coast, and in various boundary and transboundary cases between Costa Rica and Nicaragua. Across all these opinions, the Court consistently affirms that the duty to notify constitutes a key element of international environmental law, requiring states to provide relevant information to affected or potentially affected states whenever their activities may harm the environment of other states or areas under international jurisdiction.
Methodology
This study employs a library-based research method to collect and analyze information on the ICJ’s decisions concerning the principle of the obligation to notify. These decisions are examined through comparative legal analysis alongside related international instruments and scholarly works. The research aims to promote transparency, access to environmental information, and public participation in decision-making processes at both national and international levels. The authors argue that combining analytical and comparative methods leads to more accurate and effective outcomes, while also benefiting from the insights of previous academic studies and relevant case analyses.
Conclusions
Examining the ICJ’s treatment of the principle of notification contributes to strengthening transparency, access to environmental information, and public participation in environmental decision-making processes at both domestic and international levels. A review of ICJ jurisprudence shows that this obligation is not limited to international environmental law; it is also closely linked to general principles of international law such as good neighborliness, cooperation, and precaution. The findings of this research help clarify the environmental responsibilities of states and contribute to reinforcing the legal regime governing international environmental protection.
کلیدواژه‌ها [English]
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