Humanitarian intervention of the UN Security Council in the environment (From the perspective of international law)

The aim of the study is to investigate the condition of the existing international system and some of the legal dimensions of the humanitarian intervention based on the jurisdiction of states on their natural resources and especially the case of environment and the theories of the diminishing sovereignty of states. It seems that an increase in the power of international organizations and human rights and humanitarian organizations such as United Nations in the practical and theoretical terms, results in the reduction of the absolute and the national level sovereignty of states compared to international behavioral standards. Research question asks whether the Security Council can have humanitarian intervention in the case of environment and consider it a threat to the international peace and security. Through the review of related literature and the collection of information from different sources the researcher concluded that the Security Council will obtain any threat to the peace or its violation and will have some recommendations or will decide to take some actions for the securing or reestablishment of peace and international security based on articles 41 and 42. In fact in the case of the existence of a threat to peace or its violation, based on article 39, the security council based on article 41 can authorize comprehensive economic and weaponry sanctions or based on article 42 resort to military actions. In other words, the actions of the council for the protection of peace and against violations is not considered as intervention. Based on the fact that there are no official references for the evaluation and control of the decisions of the security council, the realization and obtaining the occurrence of a threat to peace or its violation based on article 39 of the Charter is considered the duty of Security Council. Based on article 39 of the Charter, the Security Council has the right to obtain the existence of any threat to peace and international security and ask the parties of the conflict to follow the transitional actions of the council through its own discretion and ask the members of the UN to take necessary actions for the maintenance of international peace and security.