Legal Protection of the Atmosphere in International Law: Achievements and Lacunas

Identifier:  TDX:3176

Handle: https://hdl.handle.net/20.500.11797/TDX3176

Authors:  Mahdiansadr, Motaharehsadat

Abstract:
The atmosphere is considered a vital element to the survival of humankind and all life on Earth. Therefore, atmospheric degradation has to be a matter of grave concern to all international community. As the Earth’s largest single natural resource, the atmosphere is not subject to a comprehensive legal regime yet. This doctoral thesis aims to provide an overview of the condition of the atmosphere and the threats leading to its degradation associated with humans; to clarifying the legal status of the atmosphere according to legal measures for the atmospheric protection; to study the gradual development of the atmospheric protection legal frameworks and instruments under international law, such as work of the international law commission on the protection of the atmosphere, and treaties on combating air pollution and climate change; to proposing a new view of the protection of the atmosphere as a common interest rather than the traditional reciprocity approach.