International Law
Amineh Moaiedian
Abstract
freedom of people in determining their own destiny is a value first raised during the French Revolution in the form of a general concept called “the right of the people to determine their destiny” and was later pointed at internationally in different ways by statesmen such as Lenin and Wilson. ...
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freedom of people in determining their own destiny is a value first raised during the French Revolution in the form of a general concept called “the right of the people to determine their destiny” and was later pointed at internationally in different ways by statesmen such as Lenin and Wilson. This right was developed to discard of the old approach in the international arena i.e., the state-oriented tendency in international interactions.According to the old approach, the international community was made up of states which essentially pursued the political interests of their leaders. In fact, the relations between the governments resulted in the relations between the ruling groups who considered the interests of their citizens only when they were threatened by foreign powers or only when the protection of the citizen’s interests was directly related to the interests of the country's leaders. On the contrary, self-determination means that individuals and nations have a say in the international arena. Governments with sovereignty can no longer oppress nations freely and can't take over territory without considering the wishes of the beneficiary population. People should also play a role in domestic and foreign relations. Self-determination, as a democratic principle, requires the consent of the governed meaning the people must always have the right to freely choose their rulers.Therefore, institutionalization and gradual legalization of this right, especially after World War I, gave a new concept to domestic and global relations. This right, which was first created in order to support the nations under colonialism, gradually extended its scope of protection to human groups under the domination of racist regimes, as well as the protection of religious, linguistic, and in general, all cultural minorities, and ultimately all peoples and nations. Paragraph 2 of Article 1 of the United Nations Charter states one of the goals of this organization is to establish friendly relations between nations with respect for equal rights and the right to self-determination. This goal is also repeated in Article 55 of this document.In addition to recognition of this right in the United Nations Charter, the well-known Declaration On the Granting of Independence to Colonial Countries and Peoples, also known as the United Nations General Assembly Resolution 1514 approved by the General Assembly in 1960, while calling for the end of colonialism and the domination of foreign nations, emphasized that the nations have the right to determine their own destiny and to freely determine their political status and pursue their economic, social and cultural development.This concept is also repeated in Article 1 of the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights. These documents were approved in 1966 by the General Assembly Resolution A/2200. It is noteworthy that the Human Rights Committee's General Interpretation No. 12 of Article 1 of the Covenants also mentions the right to determine the destiny of nations and highlights its importance to guarantee, and effectively respect, individual human rights. The principle of equal rights and self-determination for the people is also stated in the Friendly Relations Declaration of 1970[1]. All the above-mentioned documents indicate that the principle of self-determination is an internationally recognized right.According to international law, the Afghan nation has the right to self-determination. Therefore, they have the right to freely determine their political status and pursue their economic, social, and cultural development, in front of the ruling body from an internal perspective and also, from an external perspective, in front of other nations in the world. Furthermore, respecting this fundamental human right is considered a general obligation for all members of the international community, the violation of which entails responsibilities for transgressors. Therefore, with the establishment of the Taliban government, the question arises as to whether the right to self-determination of the Afghan people has been properly exercised, and have other governments fulfilled their commitment to the rights of the Afghan people in this regard? The current research has explored this issue using the descriptive-analytical method. At First glance, it appears that the self-proclaimed government of the Islamic Emirate has not only violated the right of the Afghan people to choose their political structure but is imposing its power on the Afghan nation by widely violating even more of their human rights. Despite all this, it, unfortunately, has the explicit and implicit support of some members of the international community, contrary to their erga omnes commitment.[1]. Full title: Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations.
Zahra Mahmoudi Kordi; Masume Gholami Miansarayi
Abstract
Climate change is considered to be the biggest crisis of the present era, and traditional approaches have not been very effective to deal with it yet. Thus, in recent decades, geoengineering which includes two main methods of carbon dioxide removal and solar radiation management has come to the attention ...
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Climate change is considered to be the biggest crisis of the present era, and traditional approaches have not been very effective to deal with it yet. Thus, in recent decades, geoengineering which includes two main methods of carbon dioxide removal and solar radiation management has come to the attention of countries. Like other emerging technologies, besides its benefits, most important of which to combat climate change, due to scientific uncertainty, they might have harmful effects on the environment. The present article has aimed to describe geoengineering methods and their environmental pros and cons. The findings of the article show that although the geoengineering methods in international environmental treaties are scattered, mostly in the form of implicit expressions, the rules and the actions of member states indicate the different and sometimes contradictory attitudes toward geoengineering, which varies from explicit or implicit approval of some methods, especially in treaties related to climate change, to explicit and implicit opposition of others, such as the Convention on Biological Diversity, the London Protocol, and the Ozone Conservation Convention. This dispersion is so great that a specific legal system cannot be assumed.
Elham Amidimehr; Seyed Jamal Seifi
Abstract
International investment law protects shareholders’ rights through treaty-based arrangements. That is to say, a great number of bilateral investment treaties (BITs) identify shares as one of the types of protected investment as ICSID arbitral tribunals have recognized in several cases. Despite ...
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International investment law protects shareholders’ rights through treaty-based arrangements. That is to say, a great number of bilateral investment treaties (BITs) identify shares as one of the types of protected investment as ICSID arbitral tribunals have recognized in several cases. Despite that, it should be considered that these Bilateral Investment Treaties do not, however, define shareholder or share and typically do not state whether shareholders must own a majority of the shares or control a company's administration to qualify for treaty protection. the absence of a general international law definition of shares or shareholders leads to the need to refer to such concepts as they are generally accepted by municipal legal systems and determine shareholders’ rights and obligations by way of renvoi to municipal rules. this process must preserve the integrity of the concept. tribunals and courts cannot modify or deform these concepts. This study examines the manner of interaction between municipal and international law in the field of shareholders' direct and indirect claims.
Seyed Qasem zamani; Mahshid Ajeli lahiji
Abstract
Traditionally, there have been two acceptable theories regarding the legitimacy of any phenomenon in international law, inter alia international organizations: acceptability among people and acceptability among States. However, the evolution of international law makes it inevitable to revisit the issue ...
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Traditionally, there have been two acceptable theories regarding the legitimacy of any phenomenon in international law, inter alia international organizations: acceptability among people and acceptability among States. However, the evolution of international law makes it inevitable to revisit the issue to create a new criterion for considering legitimacy. Nowadays, the level of commitment to international values seems to be the criterion for legitimacy according to which the situation of international organizations could be evaluated and it will make their challenges obvious. Specifically, the case study of the World Bank, the organization which has been criticized for many years could determine the way this pattern is used to address the legitimacy challenges in international law. It also, explains the reasons behind challenging World Bank structure and operation by the International Community. The organization faces serious problems from the perspective of conformity with international values. Without addressing those problems, the legitimacy of the organization will remain under question.
Elham Amidimehr; Jamal Seifi
Abstract
The attributability of actions to states within the context of investment treaty disputes and to focus on the roles played by international and domestic laws in such attributions have caught the attention of jurists in recent years. The ILC Draft Articles on Responsibility of States for Internationally ...
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The attributability of actions to states within the context of investment treaty disputes and to focus on the roles played by international and domestic laws in such attributions have caught the attention of jurists in recent years. The ILC Draft Articles on Responsibility of States for Internationally Wrongful Acts, and particularly, article 3 points to the main outcome of this debate, where it does not consider domestic law irrelevant in internationally wrongful acts and stipulates that the issue is subject to international law and it will take into account the relevance of domestic law. Thus, although the characterization of an act of a State as internationally wrongful is an independent function of international law and such characterization is not affected by the characterization of the same act as lawful by domestic law, it does not mean that domestic law is irrelevant to such description; on the contrary, it may be related in various ways. The present article attempts to examine the challenging junction of domestic and international law with regard to the attributability of actions taken within the framework of investment treaties, specifically by state-owned and para-statal entities that exercise elements of state authority.
ata allah salehi
Abstract
Sometimes the experience of women is an unpleasant combination of marginalization, violence and cultural domination. To ethically encounter with this situation, one approach is equality; however, its content is controversial due to its open source text. Equality is a descriptive concept, and normative; ...
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Sometimes the experience of women is an unpleasant combination of marginalization, violence and cultural domination. To ethically encounter with this situation, one approach is equality; however, its content is controversial due to its open source text. Equality is a descriptive concept, and normative; within the form of a descriptive concept, it refers to a descriptive relationship between two individuals who are similar in some respects. In the normative sense, that belongs to the world of credit and prescribes a particular behavior to all, it is related to our understanding of what should be and is based on desired value which is often "justice". In international law, among the three discourses of equality (capabilities, rights and human capital), the rights is recognized in the framework of the primary rules and through treaties, custom and judicial procedures, which are the formal sources of this legal system, but fails in the actual sources of international law and its secondary rules .This research, by descriptive-analytic approach, shows equality as a legal general principle; its forms, and its relation to the concepts such as discrimination, difference, agency, empowerment and investigates its position among the primary and secondary rules of international law.
Massoud Alizadeh
Abstract
Coronavirus crisis that began since November 2019 in China influenced the entire World rapidly. This crisis provoked some important questions regarding its legal aspects. One of these questions was about the duty of States in realm of individuals’ rights. Due diligence in international law should ...
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Coronavirus crisis that began since November 2019 in China influenced the entire World rapidly. This crisis provoked some important questions regarding its legal aspects. One of these questions was about the duty of States in realm of individuals’ rights. Due diligence in international law should be considered a key notion for regulation of States’ behavior concerning the coronavirus crisis. Content of this flexible principle as a conduct rule is not a new innovation. No-harm rule as corollary of that principle could be described as an appropriate framework in regulating the conduct of States regarding their neighbors during Covid-19 outbreak. States’ obligations for respecting the human fundamental rights as a key point have been studied in this article. The shadow of due diligence principle on fulfillment of International Health Regulation by States has been the core of this study.
Hossein Rezazadeh; abbasali kadkhodaii
Abstract
International Environmental Law is one of the branches of international law that has been developed several decades ago, especially after 1970. Since then, the process of humanization of international law has begun and extended to various branches of international law. The humanization of international ...
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International Environmental Law is one of the branches of international law that has been developed several decades ago, especially after 1970. Since then, the process of humanization of international law has begun and extended to various branches of international law. The humanization of international law had begun with an individual-oriented approach, and changed to humankind-approach afterwards, which means it seeks to achieve common high goals among all humanity as a whole. International environmental law is one of the branches of international law that is influenced by this process and based on objective and subjective factors in the environmental field has a humankind-approach. To the authors, the influence of the dignity elements on the basis of invoking to human dignity in the field of environmental law and human dignity capacities, has led to humanist and the humankind-approach of environmental law.
Amirsaed Vakil; Hessam Norouzpour
Abstract
Internet Multi-stakeholder governance is the latest achievement of the legal doctrine on how to regulate the rules governing the Internet (as a clear indication of the cyberspace). After the first World Summit on the Information Society (WSIS) which was held in 2003, and faced with the acceptance of ...
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Internet Multi-stakeholder governance is the latest achievement of the legal doctrine on how to regulate the rules governing the Internet (as a clear indication of the cyberspace). After the first World Summit on the Information Society (WSIS) which was held in 2003, and faced with the acceptance of governments and other stakeholders in the cyber space, it draw serious attention and became operational. In fact, the promoters of this form of global governance are striving using the common concepts and rules of international law to organize the field which unlike the classic international law its only active actors are not the governments, and to some extent, international organizations and this time, other stakeholders such as social groups (individuals) and companies have a major role and influence. This paper uses an analytical-descriptive method to study the role and effectiveness of each stakeholders in the future of internet governance and the context, implications of applicable international law in this area, such as soft law, related international organizations and, finally, its existing problems and disadvantages.
Ali Navari
Abstract
International rivers that traverse the territories of different States are subject to their exercise of the principle of territorial sovereignty. Utilization of these rivers and performance development plans by each of the riparian States will have impacts which may affect the rights and interests of ...
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International rivers that traverse the territories of different States are subject to their exercise of the principle of territorial sovereignty. Utilization of these rivers and performance development plans by each of the riparian States will have impacts which may affect the rights and interests of other riparian States. Rules of international legal order relevant to international rivers have regulated legal relations among riparian States for the prevention of disputes and conflicts. Turkish government launched Güneydoğu Anadolu Projesi (GAP) and scheduled the construction of the Ilisu dam on the River Tigris. The operation of this dam in the future will diminish the Tigris water flow to the territory of lower riparian States such as Syria and Iraq. This diminishing effect indirectly plays an important role in developing arid and desert areas and leads to the intensification of dust haze, especially in Iran. This article examines international obligations of Turkish government with regard to the utilization of Ilisu dam.
Abbasali KadKhodaei; Asma Salari
Abstract
It took humankind a long time to realize its inability to understand different aspects of environmental risks and find that it would bear irreversible damage if such a risk occurs. Knowing the vulnerability of the environment and the limitations of science to accurately predict threats to it, led to ...
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It took humankind a long time to realize its inability to understand different aspects of environmental risks and find that it would bear irreversible damage if such a risk occurs. Knowing the vulnerability of the environment and the limitations of science to accurately predict threats to it, led to emerging the precautionary principle. This concept has stemmed from domestic legal systems and is being developed in international law. Various Formulations of the principle and its including in binding and nonbinding international instruments in varied fields have resulted in controversial discussions between states, Tribunals and Commentators on Its legal status in International law. They are at least divided into two groups: some who are on customary status of the principle and some who entitle it as a general principle of law. This paper examines different views towards the legal status of the precautionary principle in International law and try to give a reasonable opinion at the end.
Abstract
The rule of law meaning to limitation of arbitrary power and conservation of fundamental individual rights and freedoms , is one of the democracy foundations. The Rule of law in international level is instrument for preservation of international peace and promotion of human rights. In attention to structure ...
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The rule of law meaning to limitation of arbitrary power and conservation of fundamental individual rights and freedoms , is one of the democracy foundations. The Rule of law in international level is instrument for preservation of international peace and promotion of human rights. In attention to structure and realities of international community , apply of rule of law differently in international level, therefore elements of rule of law such as determinacy , generality , clarity , stability, equality before the law and … must explain differently in international community. In addition to , horizontal structure and absence of compulsory jurisdiction and judicial review for the courts , don’t allow a regime based on the constitution. In this thesis , authors in the one hand explain to position of rule of law in international level and the other review of present challenges for the conservation and promotion of rule of law in international system
Abstract
The Internet has always been an international law problem. Clearly the International institutions ranging from the International Telecommunication Union to the U.N. General Assembly are becoming increasingly involved in regulating the Internet. But it seems that still there is a long road to a coherence ...
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The Internet has always been an international law problem. Clearly the International institutions ranging from the International Telecommunication Union to the U.N. General Assembly are becoming increasingly involved in regulating the Internet. But it seems that still there is a long road to a coherence international system of rules and regulations concerning internet law in international community. Apart from the question of the desirability of international rules and regulations, the problem of domestic censorship of filtering as a serious problem, to some extent endangered some human rights principles as free flow of information, principle of freedom of expression, right to privacy, openness and etc. in this article, by focusing on the universality and the unity of cyberspace and the place of co operation among states t enhance the international relations, we will consider the necessity and the possibility of extension of rules and principles of general international law to this context.
seyd yaser ziaee
Abstract
The event of transnational crimes entailed to the reviewing of tradition bases of jurisdiction like territorial and personal jurisdictions. So universal jurisdiction as a legal base for prosecute of international crimes came to internal laws of States. discard with the source and nature of universal ...
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The event of transnational crimes entailed to the reviewing of tradition bases of jurisdiction like territorial and personal jurisdictions. So universal jurisdiction as a legal base for prosecute of international crimes came to internal laws of States. discard with the source and nature of universal jurisdiction, application of universal jurisdiction needs some conditions which can be induced from different sources of international law, like presence of the accused, legality of crime and punishment, dual criminality, awareness of law, Non Bis in Idem principle, et. While there is no doubt in respecting to some of these conditions, there are some challenges to some of them like mutual criminality and necessity of a personal prosecutor. Universal jurisdiction is in conformity with the principle of access to justice and can help to international public order provided respecting to necessary conditions by national courts. Key Words: universal jurisdiction, international criminal law, international law, international crimes, national tribunals.
seyd ghasem Zamani; Ali Navari
Volume 16, Issue 46 , September 2015, , Pages 9-37
Abstract
The overwhelming view concerning the unilateral secession under contemporary international law is that, in international law, there is no rule in regard to secession. some international lawyers concentrate upon the principle of respect to territorial integrity of independence and sovereign states and ...
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The overwhelming view concerning the unilateral secession under contemporary international law is that, in international law, there is no rule in regard to secession. some international lawyers concentrate upon the principle of respect to territorial integrity of independence and sovereign states and maintain that unilateral secession is unlawful. Meanwhile a moderate and relatively new approach has been proposed by some international lawyers so called “Remedial Secession Doctrine” that according to it, although international law supports territorial integrity of independence and sovereign states in international community, in special circumstances, a state cannot rely on its territorial integrity. The principle of Self-Determination of peoples prevails over Territorial Integrity and so, secession of a part of territory of a state by a people comprising a part of the population of the territory would be possible. Basis and foundation of such argument is relies on inverted reading of the “safeguard clause” embodied in the United Nations General Assembly resolution 2625 that repeated in 1993 Vienna declaration and program of action. this characterize the existence of the Right to Remedial Secession in National and Regional Judicial Decisions.
Mohammad Ali Solhchi; Mehrdad Mohammadi
Volume 16, Issue 46 , September 2015, , Pages 81-101
Abstract
One of the most controversial issues about transnational corporations is their environmental performance, sometimes leading to irreparable damages. This issue has been the concern for many developing countries, as the capital importing countries, and the developed world as well. Transnational corporations' ...
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One of the most controversial issues about transnational corporations is their environmental performance, sometimes leading to irreparable damages. This issue has been the concern for many developing countries, as the capital importing countries, and the developed world as well. Transnational corporations' environmental violations raise questions as to their probable Human rights and environmental obligations, if any. A great challenge for imposing binding obligations on these non-state actors is their legal character, let alone their extraordinary power and reluctance. Hence, most of the norms and principles in this context are considered to be part of soft law. Meanwhile, international environmental law, as one of the branches of international law, has some emerging standards. In this study we have examined the most prominent international environmental standards and guidelines, which can be followed by corporations for a sound environmental performance. However, it is expected that these emerging standards will change to hard law.
Hosain Sharifi Tarazkohi; Heidar Piri
Volume 14, Issue 38 , March 2013, , Pages 9-37
Abstract
Undoubtedly, one of the most ambiguous and controversial concepts in
the international law documents is the debate on the vital national interest
which is as old as the concept of nation-state itself and every country due
to its own situations and conditions gives a specific interpretation of this
concept. ...
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Undoubtedly, one of the most ambiguous and controversial concepts in
the international law documents is the debate on the vital national interest
which is as old as the concept of nation-state itself and every country due
to its own situations and conditions gives a specific interpretation of this
concept. The concept of vital national interest, has created a juridical gap
and as an essentially political concept has kept its place in juridical texts,
which is considered as one of the main obstacles for developments and
progresses of international law, because it has been used by states in
many ways as a shield against legal standards, as well as as a tool to
escape from legal obligations. Therefore, it lays some restrictions on the
application of international law rules, yet it looms its acts and claims for
regarding international law.
International Jurisprudence expresses that, in the relationship between the
vital national interests and international legal orders, it is the legal system
which has the prior importance. owever, contrary to the government’s view,
they allow restricted vital national interest and declare that national interest
subordinates to International Law and it is not subject to the of each state.
International Law has always tried to interpret thevital national interests in a
way that results in the least loss to the universal International values.
