International Environmental Legal Study of Wetland Protection with Emphasis on Shadegan International Wetland

Document Type : Original Independent Original Article

Authors

1 Assistant Professor, International Law Department Isfahan branch (Khorasgan), Islamic Azad University of Isfahan, Iran.

2 Associate Professor of Law Department, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.

3 PhD l student of Public International law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.

Abstract

Wetlands are among the most important ecosystems on earth, protection of which enables the reasonable and sustainable use of them. Environmental protection is a common ground between municipal and international laws, and the Stockholm Declaration of 1972 is one of the first documents explicitly emphasizing the point. Environmental protection by which the present and future generations should have an improving social life is considered a public duty. Therefore, economic and other activities concomitant of environmental pollution and irreparable damage to environment are forbidden. Shadegan International Wetlands are a series of ponds registered in the Ramsar Convention, which are under a serious threat due to the surrounding development activities. This research attempts to figure out the international rules concerning the protection of Shadegan International Wetlands. This was a descriptive-analytical study with the aim of investigating the international rules on protection of wetlands, particularly the Shadegan International Wetlands, in the Ramsar Convention. The results indicated that according to the Ramsar Convention as the oldest international treaty, wetlands are protected based on the principles of international cooperation focusing on one of the rules of the International Environmental Law, i.e. the principle of environmental protection. Shadegan International Wetlands are conserved in accordance with the Article 50 of the Constitution of the Islamic Republic of Iran and non-governmental organizations.

Highlights

Introduction

The right to the environment is the most widely developed and discussed topic under the umbrella of "solidarity rights". A definition of the right to the environment presented in international sources is that "Each and every human gregariously has the right to enjoy a balanced and healthy environment from an environmental point of view and favorable for economic, social, cultural and legal development." In this regard, wetlands are the most vital ecosystems on earth.  When it comes to the protection of these ecosystems, souces on wetland rights are the stepping stone for developing regulations. The substantial supporters of wetland rights include reason, justice, and social human interests, which together make up the three principal components of water, wetland, and environmental laws. 

Article 50 of the Constitution of the Islamic Republic of Iran introduces the most fundamental piece of law concerning the protection of the environment and wetlands. Almost all modern constitutions worldwide entrust the government with the public duty of citizen environment protection, generally stressing the right to a healthy environment. On the same thread, the international community was led to draft and adopt the Ramsar Convention, which establishes guidelines for the conservation and sustainable use of wetlands. This is an international treaty that requires all member states, including Iran, to exploit wetlands prudently. Shadegan International Wetland is a major waterbody in Iran and is specified in the Ramsar Convention. A serious threat is, unfortunately, posed against this wetland by nearby development operations and challenges. Some of these include over-exploitation of wetland's water resources, municipal waste disposal, division of wetland by roads, gas and power substations, oil pipelines, chipboard and alcohol production industries, and sugarcane farm and mill, whose effluents are fed to the wetland, resulting in immeasurable damages. All such operations have been executed without prior environmental studies, and the same bad practice is now pursued in Shadegan's steel complex and pier construction projects.

 

Methodology

This was a descriptive-analytical study. Descriptive studies generally investigate and interpret the existing conditions to gain new insights into relations and mechanisms. Here, the researcher attempts to report "what is" without intervention and subjective inference to make objective conclusions about the case under study. In descriptive-analytical methods, in addition to the description and interpretation of the problem, the data is analyzed by the researcher.

 

Findings

The problems facing the Shadegan wetland are primarily driven by an absence of information about its economic value to inform the environmental economic assessment of projects implemented around it. On the other hand, this has also hindered the development of the region. Biological and non-biological factors have a continuous relationship within the wetland's ecosystem and so any change can affect its entire natural system. Therefore, it is imperative to have specific laws commensurate to the importance of the Shadegan wetland and strictly adhere to the principles of evaluation and prevention as well as Article 50 of the Constitution when it comes to the development of new industries in the region. Any damage to the wetland's environment must be prevented and violators must face legal action based on Iranian and international laws.

Such measures along with proper management and regulations, especially considering that the Shadegan wetland is included in the Montreux list, can help to both save the wetland from destruction and protect its international title. Still, it must be admitted that an institution or organization cannot single-handedly undertake the protection of wetlands and everyone is responsible for this, which requires a serious national determination as well as coordination among all related national, local, and public bodies. In the first step, this calls for determining and supplying the wetlands' water right (i.e., ecological water demand), controlling/eliminating agricultural, industrial, and mineral pollutants, and expanding agricultural activities based on sustainability principles and a culture of environmental protection. In addition, laws and regulations must be envisioned to help protect the wetland's natural and indigenous flora and fauna with adequate sanctions to effectively prevent any civil, recreational, economic, and hunting activities around the wetlands. Finally, it is worth noting that although the existing regulations do hold violators of the wetland's ecosystem accountable in civil, criminal, and administrative ways, there must be a proportion between the damages and the legal sanctions to earnestly prevent the destruction of wetlands.

 

Results

The objectives of environmental protection, in general, and wetland conservation, in particular, can only be achieved through international cooperation. Iran, as a signatory of the Ramsar Convention, is obliged to fulfill its commitments and takes steps toward the realization of the convention's ultimate goal, i.e., sustainable development. The government of Iran must pave the way for the rehabilitation of wetlands, particularly the Shadegan International Wetland, by fostering ties with developed countries, asking for technical assistance, and expanding regional cooperation. International financial and monetary institutions such as the World Bank Group, Asian Development Bank, and the United Nations Development Program (UNDP) can provide financial support and help Iran eliminate the threats facing 150 wetlands. The main direct financial source for this purpose is the Wetland Conservation Fund (i.e., the Ramsar Small Grants Fund), which was established in 1990 at a conference by the convention's signatories to assist developing countries. A glance at the history of past environmental crises shows that the most effective tool for resolving the challenges facing humans is education. One main underlying reason for the continuation of environmental degradation and pollution is the low public and official awareness of environmental issues, including insufficient information on the ecological performance, economic value, and importance of wetlands. An internal sense of moral responsibility to protect the environment can prepare the public to participate in environmental programs. Therefore, a long-term procedure for wetland protection is the promotion of culture alongside raising public awareness about the importance of wetlands, especially Shadegan International Wetland.

 

Keywords

Main Subjects

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International Studies Journal (ISJ)
Volume 19, Issue 3 - Serial Number 75
January 2023
Pages 127-144

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