Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The moving from hard law to soft law in international law with an emphasis on the Paris Climate Change Convention

Document Type : .

Authors
Mohammad Reza Zande Del Boroon 1
Mostafa Taghizade Ansari 2
Mansour Amini 3
Nejad Ali Almasi 4
1 PhD Student in Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
2 Assistant Professor, Faculty Member, Faculty of Law, Norh Tehran Branch, Islamic Azad University, Tehran, Iran
3 Associate Professor, Faculty Member, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
4 Full Professor, Faculty Member, Faculty of Law Theology and Political Science, Science and Research Branch, Islamic Azad, University, Tehran, Iran.
10.22034/ejs.2022.335044.1201
Abstract
Background and Aim: The transmission of magnetic waves and its effect on public health one of the most important issues related to the right to health of citizens has been. In this article, the responsibility of the government in sending electromagnetic waves with the approach of jurisprudential rules is examined.
Materials and Methods: This article is Analytical descriptive and uses the library method.
Ethical considerations: In this article, Originality of texts, honesty and trusteeship Has been complied.
Results: Prohibition of harm to others is emphasized from a jurisprudential point of view. The well-known harmless rule in Islam and wastage rule are among the sound jurisprudential documents forbidding harm to others. Accordingly, transmitting electromagnetic waves is responsible from a jurisprudential and jurisprudential point of view, and the government is the guarantor in this regard.
Conclusion: Despite the jurisprudential and legal documents on the responsibility of the government in sending electromagnetic waves, proving the damage, establishing the causal relationship, especially in the conditions of multiplicity and community of causes has caused the discussion of government responsibility in this regard is difficult and compensation by the government is impossible.
Keywords
government responsibility
electromagnetic waves
harmless rule
wastage rule
causality
- Baan, R., Grosse, Y., Carcinogenicity of radiofrequency electromagnetic fields,  Lancet Oncol, 12, 2011.
- Banik, S., Bandyopadhyay, S., Ganguly, S., Biological effect of electr omagnetic fields, Bioresource, 2003.
- Hoeijmakers, J.H., “DNA damage, aging, and cancer” N. Engl. J. Med., 361, 2009.
- Lai, H., Singh, N.P., “Magnetic-field-induced DNA strand breaks in brain cells of the rat” Environ. Health Perspect, 112, 2004.
- Magras, I.N., Xenos, T.D., “RF radiation-induced changes in the prenatal development of mice” Bioelectromagnetics 18, 1997.
- Mashevich, M., Folkman, D., Kesar, A., Barbul, A., Korenstein, R., Jerby, E., Avivi, L. “Exposure of human peripheral blood lymphocytes to electromagnetic fields associated with cellular phones leads to chromosomal instability” Bioelectromagnetics, 24, 2003.
- Nakamura, H., Matsuzaki, I., “Nonthermal effects of mobile-phone freque ncy microwaves on uteroplacental functions in pregnant rat” Repro duction To xicology, 2003.
- Xu, S., Zhou, Z., Zhang, L., Yu, Z., Zhang, W., Wang, Y., Wang, X., Li, M., Chen, Y., Chen, C., He, M., Zhang, G., Zhong, M. “Exposure to 1800 MHz radiofrequency radiation induces oxidative damage to mitochondrial DNA in primary cultured neurons” Brain Res, 1311, 2010.
Strategic Studies of Jurisprudence and Law
Volume 4, Issue 3 - Serial Number 14
Studies of economic jurisprudence
Summer 2022
Pages 45-65