نوع مقاله : مقاله پژوهشی
نویسندگان
گروه حقوق محیط زیست و بشر دانشکده حقوق دانشگاه شهید بهشتی تهران ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The principle of precaution in the two traditions of Islamic jurisprudence and international environmental law is a response to hazardous situations under conditions of uncertainty, with the difference that in jurisprudence, uncertainty is generally formulated in terms of practical action and the relationship between the duty-bearer, the obligation, and its possible consequences, whereas in environmental law it is more closely related to scientific uncertainty regarding risk and causation. Using a descriptive-analytical approach and library-based research, this article first explains the concept of )ihtiyat( (precaution) in jurisprudence and )usul al-fiqh( as a rational method of practical conduct, and then examines the precautionary principle in environmental law through its core elements: the risk of serious or irreparable harm, scientific uncertainty, and the justification for preventive action. It then extracts the comparative indicators on the basis of normative philosophy, the threshold for intervention, the object of uncertainty and the role of scientific expertise, implementing instruments, burden of proof and risk allocation, and the level of application. The main finding is that, although the principle of precaution historically predates its formulation in international environmental law, both systems converge in their ex ante objective of preventing harm and protecting the public interest. However, institutional and linguistic differences mean that jurisprudence mainly provides a foundational and rule-based framework for legitimizing cautious conduct, whereas international environmental law operationalizes it through governance mechanisms, regulatory tools, and public decision-making processes.
کلیدواژهها [English]