درخت حوزه‌های تخصصی

In recent decades, indiscriminate whaling in the oceans as well as marine pollution have caused harmful damage to the sea environment and the marine ecosystem of the oceans. Therefore, creating an international legal system and imposing legal restrictions on whaling have become necessary. Moreover, the approval of the International Convention for the Regulation of Whaling (ICRW) and the formation of an international commission to monitor whaling in international law were considered essential. In this article, using the analytical descriptive method, The Judgment of the International Court of Justice on Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) has been studied.The findings of this researcher indicate that since Japan did not comply with the international regulations of whaling in the Antarctic, the government of Australia instituted a proceeding against the government of Japan in the International Court of Justice (ICJ) and New Zealand intervened. Considering the importance of the issue and the consequences of the ICJ's judgment on whaling and the legal implications and position of whaling in international environmental law. This article hypothesizes that the international whaling regulations and the environmental approach of states towards the concept of the common heritage of mankind and erga omnes resulting from it can become the basis for the development of international environmental rights and international judicial procedures. Moreover, this paper hypothesizes that these international rights and judicial procedures are influenced by the decisions issued by the ICJ.

The commission of war crimes by States in armed conflicts has become a distressingly common occurrence, resulting in devastating consequences for and profoundly affecting global conscience. In response, international jurists have sought to develop practical and appropriate solutions to minimize the occurrence of such crimes during armed conflicts. Consequently, they have succeeded in devising specialized documents which form the current international system for addressing war crimes. Recruiting a descriptive-analytical method and using library sources, this research aims to investigate the primary causes hindering the efficacy of the current system in holding perpetrators accountable. The study, also explores key international documents related to this subject matter. Findings indicate that challenges such as inadequate implementation mechanisms in these documents, the prioritization of international relations over international law by governments, the absence of participation from major military powers, and the limited use of political tools by others States against the offending States are crucial reasons behind the weakness of the current international system in addressing war crimes.