Papers by Alireza Goodarzi
Comparative Studies in Jurisprudence, Law, and Politics, 2025
Intangible cultural heritage is at risk during armed conflicts. In addition to the p... more Intangible cultural heritage is at risk during armed conflicts. In addition to the potential protection provided by other legal regimes, human rights can also contribute to the safeguarding of intangible cultural heritage in armed conflicts. Since the implementation and transmission of intangible cultural heritage are significant both from the perspective of civil and political rights—namely, the freedom of assembly—and from the perspective of cultural rights, the present article addresses its protection through global and regional human rights systems. By employing a protective interpretation of the rulings of the International Court of Justice regarding the universality of human rights and the specificity of humanitarian law during armed conflicts, this article evaluates such protection.
Interdisciplinary Studies in Society, Law, and Politics, 2025
Intangible Cultural Heritage is safeguarded under UNESCO’s 2003 Convention for safeguarding this ... more Intangible Cultural Heritage is safeguarded under UNESCO’s 2003 Convention for safeguarding this heritage. However, it is threatened in armed conflicts by damages imposed to cultural properties, the environment, and bearer communities. Since, UNESCO’s 2003Convention does not address armed conflicts directly, it is necessary to resort to other legal regimes, including IHL to enhance the protection afforded to intangible cultural heritage. IHL contributes to safeguarding by protection of the three componentsof the ICH, namely cultural properties, environment, and bearer communities. This research examines how this contribution operates and how effective it is.
caspian journal of environmental sciences, 2021
The aim of this study was to assess the abilities of European Court of Human Rights (ECtHR) to ad... more The aim of this study was to assess the abilities of European Court of Human Rights (ECtHR) to adjudicate upon cases concerning violations to environment upraised from nuclear accidents. This was non-causal research, based on qualitative methods. With respect to information gathering, the document and library research process were employed, then qualitative method was applied to analyse the information, by which international rules governing the issue and related case law of ECtHR was studied, assessed and analysed. Findings indicated that ECtHR has accepted the environment rights by broad interpretation of article 8 of the European Convention on Human Rights (ECHR). However, in the Court’s precedent, applications with no actual victim were not considered as violation in the convention. The latest approach taken by ECtHR, taking prevention principle into account, could improve its abilities to protect potential victims of violations caused by nuclear accidents due to environmental r...
Caspian Journal of Environmental Sciences 19 (1), 85-93, 2021
The aim of this study was to assess the abilities of European Court of Human Rights (ECtHR) to ad... more The aim of this study was to assess the abilities of European Court of Human Rights (ECtHR) to adjudicate upon cases concerning violations to environment upraised from nuclear accidents. This was non-causal research, based on qualitative methods. With respect to information gathering, the document and library research process were employed, then qualitative method was applied to analyse the information, by which international rules governing the issue and related case law of ECtHR was studied, assessed and analysed. Findings indicated that ECtHR has accepted the environment rights by broad interpretation of article 8 of the European Convention on Human Rights (ECHR). However, in the Court's precedent, applications with no actual victim were not considered as violation in the convention. The latest approach taken by ECtHR, taking prevention principle into account, could improve its abilities to protect potential victims of violations caused by nuclear accidents due to environmental rights. In conclusion, despite some barriers against the complaint processes in the Court, new approach was recognised as a more protective one.
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Papers by Alireza Goodarzi