International Law
Mahmoud Hajjar; Seyed ghasem zamani
Abstract
The interpretation of treaties is particularly important in the field of treaty law, as in most cases it is not possible to apply treaties without their interpretation. In addition to the text and context of the treaty, the relevant rules of international law, including the general principles of law, ...
Read More
The interpretation of treaties is particularly important in the field of treaty law, as in most cases it is not possible to apply treaties without their interpretation. In addition to the text and context of the treaty, the relevant rules of international law, including the general principles of law, can play an important role in the interpretation of treaties. A treaty is a creation of the international legal system, and its interpretation and implementation should be carried out within the context of the legal system that governs it. The main question to which this research intends to answer is: What is the position of general principles of law in the interpretation of treaties? It seems that the use of general principles of law in the interpretation of treaties can reduce the potential fragmentation of international law and promote its coherence. In this research, by using library sources, international documents and international judicial decisions and arbitration awards and using a descriptive-analytical method, the position of general principles of law in the interpretation of treaties will be examined.
International Law
Abbasali Kadkhodaei; Mohammadreza Mohammadi
Abstract
The concepts of abuse of rights and abuse of process are being considered by litigants in international courts. In the abuse of the right and abuse of process, bad faith replaces good faith. In abuse of rights, the question is about exercising a right but with an improper purpose while abuse of process ...
Read More
The concepts of abuse of rights and abuse of process are being considered by litigants in international courts. In the abuse of the right and abuse of process, bad faith replaces good faith. In abuse of rights, the question is about exercising a right but with an improper purpose while abuse of process occurs to take advantage of a process with different intentions in order to disrupt proceedings. Abuse of rights is an issue that is related to the substantive part of a case, while abuse of process is a non-substantive issue in most cases and is raised in the admissibility. This study's main objective is to examine the practice of the ICJ in relation to the abuse of rights and abuse of process. The research method of this research is descriptive-analytical by using library-documentary sources. Despite the refusal of the court to state the status of abuse of rights and process, today these concepts can be referred to as general principles of law in international law. This article proves that the court considers a high threshold to accept the realization of the abuse of rights and process, and so far it has not been able to confirm such abuse.
International Law
Masoumeh Parsoon; ali kadkhodaei; mohsen hataminia
Abstract
In 2020, the Eastern Mediterranean region passed one of its most challenging historical times. The discovery of significant hydrocarbon resources deepened the gap between regional countries’ opinions regarding the delimitation of maritime boundaries, which has been accompanied by the influence ...
Read More
In 2020, the Eastern Mediterranean region passed one of its most challenging historical times. The discovery of significant hydrocarbon resources deepened the gap between regional countries’ opinions regarding the delimitation of maritime boundaries, which has been accompanied by the influence of regional and global powers. The existence of oil and gas fields in the Eastern Mediterranean increased the competition of coastal states to expand their claimed maritime area to such an extent that they demarcated maritime borders without being neighbors and pushed NATO members: Turkey, France and Greece to the point of military conflict. In the turbulent political situation of the region, the announcement of Türkiye's Blue Homeland doctrine following the signing of an MOU on the maritime boundary between Türkiye and Libya caused protests by some countries. This issue prompted Greece to continue negotiations with Egypt at a faster pace and reach a maritime border agreement. Although the shadow of the political affairs of the regional countries on the agreements is clear, we will try to examine the legal aspects of Türkiye's action in introducing the Blue Homeland from the perspective of international law of the seas and judicial procedure.
Public Law
hasan mohammadi; Ali Mashhadi
Abstract
The weakness of modern governments based on the representative system in establishing laws that are an expression of social norms prompted political thinkers to reconsider the relationship between the individual, society and the state. The public sphere as a solution that is trying to identify these ...
Read More
The weakness of modern governments based on the representative system in establishing laws that are an expression of social norms prompted political thinkers to reconsider the relationship between the individual, society and the state. The public sphere as a solution that is trying to identify these norms by providing moral discourse procedures in a democratic context and make the parliament, in the light of the founding power, obliged to follow the norms emerging from the public sphere, as the main political attitude The modern era received the attention of these philosophers. On the other hand, neutrality as one of the new approaches reconsider the jurisdiction of governments. The main question is whether the neutral approach has the necessary ability to provide the platforms for the realization of the public sphere? Our assumption is that despite some incompatible attitudes, the mentioned approach has basic coordinations and works with the theory of the public sphere, which provides a suitable platform for the emergence of this sphere.
Public Law
Seyyede fateme haghighat talab; Reza Sharifyazdi; Mohammad Jalali
Abstract
Iran's first constitution, called the Mashruteh constitution, was constituted of two parts; NezamNameh Asasi and Motammem. This constitution is the initial document that marked the end of absolute monarchy and the commencement of the rule of law in Iran. Such a valuable text warrants extensive research ...
Read More
Iran's first constitution, called the Mashruteh constitution, was constituted of two parts; NezamNameh Asasi and Motammem. This constitution is the initial document that marked the end of absolute monarchy and the commencement of the rule of law in Iran. Such a valuable text warrants extensive research as an introduction to comprehending the concept of a constitution in contemporary Iran. Nevertheless, it has not received adequate consideration and analysis.
In this regard, the present research focuses on a specialized examination of the drafting and arrangement of the Mashruteh constitution. For this purpose, this text discusses the necessity of drawing inspiration from other countries for drafting this constitution, its drafting process, its authors, and the determination of reference constitutions.
The results clarify that the majority of Articles in the Motammem and many in the NezamNameh Asasi borrowed or, in some cases, adapted from the constitutions of other countries. The NezamNameh Asasi drew inspiration from various foreign constitutions; However, the authors made significant changes in the foreign concepts to align them with the conditions of Iran. On the other hand, in the drafting of Motammem, few articles are unique to Iranian law, and most others are rooted in the Belgian Constitution of 1831.
Public Law
Samaneh Rahmatifar
Abstract
The democratization of administration is similar to the concepts of organizational democracy and workplace democracy. It is a democratic political system requirement and an example of the right to public participation (rticle 21 of the UDHR). The purpose of the research is to implement direct democracy ...
Read More
The democratization of administration is similar to the concepts of organizational democracy and workplace democracy. It is a democratic political system requirement and an example of the right to public participation (rticle 21 of the UDHR). The purpose of the research is to implement direct democracy in administration or explain the elements of democratic administration. The approach employed is descriptive and analytical. It involves a description of the elements of direct democracy and the administrative prerequisites. Subsequently, it delves into an analysis of their interplay. Components of direct democracy are legal equality, pluralism, public participation and monitoring, promotion and protection of human rights, consensus orientation, arranging general assembly, and the rule of law. The elements of democratic administration are the creation of an inclusive employees' assembly, decision-making by consensus, strengthening employees' belief in the necessity of participation, and creating the regulations in the assembly by observing the higher legal rules. The last one refers to respecting the status of representative democracy. However, these elements require changes in the administration and obviously cannot be combined with a hierarchical structure, or at least hierarchy plus direct democracy in administration leads to the practice of democracy instead of democratic life with excessive bureaucracy.
Public Law
Rohollah Moazeni; Seyyedeh Zahra Pourrashid
Abstract
Since the provincial government was first in France in 1800 and in Iran in 1316, It has been representative of the central government and the integrator of the departments located in a province which ensured the solidarity between the government and the nation. During the last decade, some governors ...
Read More
Since the provincial government was first in France in 1800 and in Iran in 1316, It has been representative of the central government and the integrator of the departments located in a province which ensured the solidarity between the government and the nation. During the last decade, some governors and authorities have repeatedly claimed that the authority of governors is not sufficient to carry out their duties. This comparative study aims to compare the evolution of the governorship institution and their authority in relation to the local administrative institutions based in the province in France and Iran. The findings of the research indicate that the authority of governors in Iran, in relation to the local decentralized institutions, not only do not suffer from a lack and defects but the excess of the authority and extensive supervision of the governors in relation to these institutions requires substantial reform so that the authority and potential of the governors mainly lead to coordinating the numerous central agencies located in the region (decentration). Another finding of this research is that the position of governorship is complex and ambiguous, with adaptability and continuous innovation being the solution, rather than an increase in legal authority.
International Law
Mohammad saleh Anisi; Mahnaz Rashidi; mahdi piri
Abstract
Today, state's utilization of international watercourses is very important considering the essential role of water in human life and livelihood. Although this issue is subject to a unique legal regime in a special way, it also has very important aspects of human rights. Currently, the water crisis ...
Read More
Today, state's utilization of international watercourses is very important considering the essential role of water in human life and livelihood. Although this issue is subject to a unique legal regime in a special way, it also has very important aspects of human rights. Currently, the water crisis in the Hirmand Basin has human rights aspects more than ever before. The right to access to water, the right to health, and finally the right to life are among the rights that need to be respected and protected in national and international dimensions. The present paper is also related to the explanation of various dimensions of human rights, as well as the examination of international legal and judicial rulings that can be applied to the subject and their application through analogy and induction with the current crisis of the Hirmand basin mentioned the requirements of human and transboundary rights in this particular case, and then by explaining the current legal gaps, explained the minimum approaches to respect, protect and implement the right to access to water as an appropriate international legal solution
International Law
Roya Zarenemati; S.Ghasem Zamani
Abstract
The right to life is the first human right that forms the central core of the human rights system.In order to protect this right, governments are obliged to respect and protect the right to life and provide provisions for the people under their jurisdiction.There is an inseparable link between health ...
Read More
The right to life is the first human right that forms the central core of the human rights system.In order to protect this right, governments are obliged to respect and protect the right to life and provide provisions for the people under their jurisdiction.There is an inseparable link between health and human life. It exists and benefiting from physical and mental health is a necessary prelude to preserving life and human dignity. But today, humanity is facing phenomena and crises such as emerging infectious diseases El Nino, water shortage, global warming which have seriously threatened the health and peace of the body and jeopardized the international peace and security and the efficiency and effectiveness of the regulations. International law and the performance of governments in the face of such global crises have been questioned and have led to the revelation of the shortcomings of the international law system in the field of preventing and dealing with infectious diseases such as Covid19 Although various international documents have addressed the issue of international obligations of governments and the world community in this field the findings of the present study show that the anticipated obligations were not very efficient and effective and require
International Law
maysam haghseresht
Abstract
Today, the penetration of artificial intelligence in various fields has made its control and development one of the most challenging issues. The right to health is one of the fields that have always been affected by the progress of this technology and has caused extensive changes in this field. By examining ...
Read More
Today, the penetration of artificial intelligence in various fields has made its control and development one of the most challenging issues. The right to health is one of the fields that have always been affected by the progress of this technology and has caused extensive changes in this field. By examining the effects of artificial intelligence on the right to health as one of the components of human rights; The basic question is what are the negative and positive effects of artificial intelligence on the right to health?In the fundamental components of the right to health, as well as the rights related to the right to health, such as the right to work, education, human dignity, non-discrimination, privacy, access to information, etc., despite the positive effects of this technology, we also see harm. So that the violation of human dignity, the right to privacy and the principle of non-discrimination and the possibility of access for everyone and the responsibility of users are among the worrying issues of the development of this technology in the field of the right to health, which should be considered in the field of protection.
Public Law
Zohreh Naeimifard; Mahdi Hadavand
Abstract
In administrative law, the "rule against bias" is one of the branches of the principles of "procedural fairness" and complements the theory of "good governance". Personal, cognitive, organizational-institutional biases, previous involvement, preconceived opinions, predispositions ...
Read More
In administrative law, the "rule against bias" is one of the branches of the principles of "procedural fairness" and complements the theory of "good governance". Personal, cognitive, organizational-institutional biases, previous involvement, preconceived opinions, predispositions or prejudgments are the most important aspects of partiality. They can influence decision-making processes. Despite the importance of the aforementioned rule, less has been addressed to its foundations and aspects in administrative law, and most of the topics discussed are focused on judicial impartiality. Considering the position of foreign law in the field of administrative law, this article, using the analytical-descriptive method, examines the nature, elements and application of the rule against bias in English administrative law. It seems the current approach of the English legal system to the rule against bias is complex and scattered, applied with different standards. Also, the violation of the rule against bias results in a lack of competence of the administrative authority, with varying degrees of effect ranging from "void" to "voidable" of the decision. Although there are some serious concerns about the inflexibility of the rule against bias, especially in technical and specialized administrative matters, it is necessary to strike a balance between competing concerns.
Public Law
Mahin Sobhani; Alireza Bazri; Zahra Sobhani
Abstract
Due to the recognition of the right to housing in the Iranian constitution, providing housing to the people was one of the promises of the 13th government, which led to the approval of the housing production Jump law. According to Article 10 of this law, all government agencies are obliged to transfer ...
Read More
Due to the recognition of the right to housing in the Iranian constitution, providing housing to the people was one of the promises of the 13th government, which led to the approval of the housing production Jump law. According to Article 10 of this law, all government agencies are obliged to transfer and deliver free of charge the lands in their possession that fall within the framework of the location of the subject of Article (6) of the Organization Law, in the name of the government, with the representation of the Ministry of Roads and Urban Development. Now the question is whether the Ministry of Roads and Urban Development can acquire all the lands under the jurisdiction of the state universities for free with the aim of increasing housing production? This article, by examining the laws and documents case law, comes to the conclusion that the lands under the jurisdiction of the state universities, which are managed by the board of trustees, are divided into two categories: public and private properties. Even if we recognize this right for the Ministry of Roads and Urban Development,,, this ministry cannot apply this law to the private lands of universities.
International Law
Mehryar Dashab; Kosar Talebi Esfandarani
Abstract
The world of sports is not limited to a specific country and group, and this is the extra-territorial and cross-century feature of sports that distinguishes it from other human phenomena. The world of sports is an efficient tool in the hands of the international human rights system, which can provide ...
Read More
The world of sports is not limited to a specific country and group, and this is the extra-territorial and cross-century feature of sports that distinguishes it from other human phenomena. The world of sports is an efficient tool in the hands of the international human rights system, which can provide a basis for the realization and promotion of human rights due to human desire for physical activity. In the meantime, children are in the center of attention as athletes. In this article, we have tried to answer the key question of how to protect the rights of children in the field of professional sports by explaining the dimensions of child-athlete rights violations. Children's rights are widely supported by the government and others due to everyone's obligation to respect and guarantee compliance, but the sports arena generally does not allow government interference in its affairs. For this purpose, relying on the responsibility of the legal system governing the field of sports, a comprehensive investigation should be conducted in line with the feasibility of the situation and how to apply the minimum age rule in the field of sports within the framework of the Convention on the Rights of the Child.
International Law
Siavash alizadeh; Seyed Qasem zamani
Abstract
Identifying the concept of the legal interest and ascertaining the “ interested party ” are amongst the most critical responsibilities for any judicial body. The term interested party is attributed to an individual or entity with a legal interest in initiating legal proceedings. The European ...
Read More
Identifying the concept of the legal interest and ascertaining the “ interested party ” are amongst the most critical responsibilities for any judicial body. The term interested party is attributed to an individual or entity with a legal interest in initiating legal proceedings. The European Convention on Human Rights, as a legal instrument cited by the European Court of Human Rights (“ECtHR”) in Articles 33, 34, and 35, outlines the scope and specification of the right holders seeking to appear before the court. The present article aims to explore the extent to which the ECtHR’s initiative has influenced the conceptual and practical development of the notion of interested party. It also delves into the underlying principles and justifications that have served as the foundation for this procedural transformation. A comprehensive analysis of the judicial practice of the ECtHR reveals noteworthy innovations in the court's perspective on the concept of the interested party. These innovations are derived from the fundamental principles of human rights, legal techniques, and a comprehensive comprehension of the current social transformations. This article revisits the concept of interested party utilizing the library resources and decisions issued by the ECtHR, in addition to employing an analytical-descriptive methodology.
Citizenship rights
Ghodratollah Norouzi; sayed ahmad Hoseini nia
Abstract
The right to the city is one of the citizenship rights with a social, political and legal nature, which is on the verge of joining human rights. This right was proposed by Leufber in the 1970s and has had many legal and urban discussions and has shaped social movements in practice, the result of which ...
Read More
The right to the city is one of the citizenship rights with a social, political and legal nature, which is on the verge of joining human rights. This right was proposed by Leufber in the 1970s and has had many legal and urban discussions and has shaped social movements in practice, the result of which is the issuance of legal charters, including the Universal Charter of the Right to the City. The purpose of this article is to compile indicators of the realization of the right to the city in Isfahan. Delphi-expert-oriented method has been used to compile its components. As a result, the 16 evaluated components are accepted in the following dimensions. Good urban governance, right to participate (3.9), access to information (3.65), justice and equality (3.59), rule of law (3.38), effectiveness and efficiency (3.29), political stability and fight against corruption (2.34), protection against Risk, right to health and safety (3.03), special care, (2.8), emergency preparedness (2.46), physical, right to urban facilities (3.32), housing (3.08), mobility (2.48), social, right to quality of life (3.55) , basic needs (3.17), awareness and participation (2.87) and social cohesion (2.61) had the highest average.
Citizenship rights
Rezvaneh Mirzavand; Roya Motamednejad
Abstract
Today, despite the ever-increasing advancement of technologies and applications, the field of biometric data processing is constantly evolving. Meanwhile, the recognition of the right to privacy in connection with the processing of biometric data is an important aspect of the issue of data protection ...
Read More
Today, despite the ever-increasing advancement of technologies and applications, the field of biometric data processing is constantly evolving. Meanwhile, the recognition of the right to privacy in connection with the processing of biometric data is an important aspect of the issue of data protection and human rights. Therefore, the main question of the article is what effects does the use of biometric data, which sometimes goes beyond the purpose of authentication or identification, have on people's private lives? And secondly, in a situation where Iranian law does not explicitly address biometric data; What measures can be considered? The findings of the research show that, due to the special and very sensitive nature of biometric data, the need for strong laws to protect the private life framework of people is felt more than ever. Balancing the need for public safety and privacy rights is a complex challenge. It will also be very important to establish clear legal frameworks, regulatory mechanisms and accountability measures to ensure the legal and responsible use of biometric data.
Public Law
malihe masoudi; Mohammad Emami; seyyed mojtaba vaezi
Abstract
A concrete approach to concepts is one of the main features of Hegel's philosophy. In Hegel's view, the concrete concept has precedence over its subjects, and what is objective is the realized idea or concept, while the abstract concept is formed through mental representation and abstraction ...
Read More
A concrete approach to concepts is one of the main features of Hegel's philosophy. In Hegel's view, the concrete concept has precedence over its subjects, and what is objective is the realized idea or concept, while the abstract concept is formed through mental representation and abstraction operations in relation to the researcher's affairs, and takes its content as a priori. The concept of the constitution in Hegel's intellectual system is defined as the basic principles of the last stage of the evolution of the soul in history, that is, the state. According to Hegel, any kind of abstract and a priori definition of the constitution is one-sided and devoid of truth and presents the constitution as an unstable and random existence. Therefore, the concept of the constitution should be deduced from the text of the phenomenology of the soul. Hegel's concrete approach to the concept of the constitution departs from its conventional understanding in the constitution and has important effects; Among other things, the constitution, like the soul of the nation, is not a fake and artificial thing, and the question of who drafted the constitution is meaningless, and imposing the constitution on a nation is also rejected.
International Law
Anahita Seifi; farangiz mansori
Abstract
Many studies have been done on the vulnerability of women in conflict and collective violence. However, there is relatively less discussion of women's experiences as defendants and perpetrators of mass violence and conflicts in international criminal courts. By looking at the case of some female ...
Read More
Many studies have been done on the vulnerability of women in conflict and collective violence. However, there is relatively less discussion of women's experiences as defendants and perpetrators of mass violence and conflicts in international criminal courts. By looking at the case of some female defendants in international criminal courts, this article investigates the formation of legal discourses in the form of stereotypes of femininity, conflict and mass violence.This raises questions; Why, in the procedure of the criminal courts, a large number of male perpetrators and few female perpetrators have been convicted. Are women less capable of committing mass violence and crimes than men? Why are female perpetrators punished less than male perpetrators for committing similar crimes? In this regard, this article examines gender narratives such as mother, wife, monster, etc, which are used in relation to female defendants in international criminal courts. And It shows that these narratives highlight the incompatibility of femininity with violence and reject the agency of women in political and military contexts and committing violence.
Public Law
Mohammd Reza Mojtehedi; Mohammd Mazhari; Syed Hussain Malkuti Hashjinmalakooti@; Salah Ghsemyani
Abstract
Decentralization has found its global position as the preferred method of governance in today's world. This article aims to investigate the legal challenges of local decentralization in Iran. The history of decentralization in Iran goes back to the formation of state and provincial associations ...
Read More
Decentralization has found its global position as the preferred method of governance in today's world. This article aims to investigate the legal challenges of local decentralization in Iran. The history of decentralization in Iran goes back to the formation of state and provincial associations during the constitutional period and after that it continued in the Islamic revolution period in the form of Islamic councils, but this system is still facing serious legal obstacles. The research examines the legal challenges of the decentralization system with a descriptive-analytical approach in legal dimensions (constitutional law and ordinary laws), interpretative, judicial and structural. The findings showed that the concern is from the historical experience in the emergence of the paper constitution and joining the associations in the form of councils. In order to solve the legal challenges of the decentralization system in Iran, it is an inevitable necessity to revise and amend the constitution, change the attitude in the legislature, the Guardian Council, the Administrative Court of Justice and the executive bodies, especially the Ministry of Interior, and there is a need to change the political structure and culture of the country.
Citizenship rights
Hadi Salehi
Abstract
The contextual approach to the legal recognition of minorities can be viewed as a form of "two-way persuasive action dialogue" between the legal recognition agent (subject) and minority groups (object). The necessity of this legal recognition process has its critics and deniers. Waldron, a ...
Read More
The contextual approach to the legal recognition of minorities can be viewed as a form of "two-way persuasive action dialogue" between the legal recognition agent (subject) and minority groups (object). The necessity of this legal recognition process has its critics and deniers. Waldron, a public law scholar, is among those who deny the necessity of legal recognition of minorities.
The central axis of Waldron's arguments from a cosmopolitan perspective can be seen as the conflict between the legal recognition of minorities and the principle of neutrality of the modern state. He believes that just as a secular state is considered non-religious, so too should the modern state be non-cultural. In support of his argument, Waldron sees legal recognition as violating the nature of the rule of law, undermining universal responsibility, and challenging the mechanism of majority rule.
However, it should be said that the recognition of minority groups is a construct of public discourse in the public sphere. Given the indifference of majority societies to the demands of minority groups, legal recognition takes place gradually and in the context of ongoing persuasion. The same is true of the exceptionality of general rules within the framework of the rule of law.
Public Law
Soroush Alizade; Ayat Mulaee
Abstract
The following article takes a step on the path by choosing new technologies and multi-faceted philosophical reflection on its concept as a starting point in the problem.Then, he talks about the impact of technology on human life and develops the issue of Mandi Ben Mayei from the heart of it.As this issue ...
Read More
The following article takes a step on the path by choosing new technologies and multi-faceted philosophical reflection on its concept as a starting point in the problem.Then, he talks about the impact of technology on human life and develops the issue of Mandi Ben Mayei from the heart of it.As this issue is linked to one of the fundamentals of thought in the field of left and right economic legal schools.Therefore, the effort is based on rereading the concept of work and the working class and revealing the impact of new technologies on the fundamental and underlying conceptual and philosophical layers.Then the impact of these concepts on legal knowledge is looked at, and a light is shed on the conceptual conflict of the problem and the question is answered,what effect do new technologies have on the concept of the working class?This requires defining the concept of work from the philosophical thoughts of great thinkers and thinkers in this field.Among the important results of the research,we can point to a new reading of the concept of worker and work and that the impact of new technologies will not cause the exploitation of workers.
International Law
Saman Shafiee
Abstract
Body searches, especially strip and cavity searches or intimate searches, inherently violate human dignity and privacy. However, prisons have no other way to prevent the entry of prohibited objects and substances. That’s why international institutions and documents protecting human rights have ...
Read More
Body searches, especially strip and cavity searches or intimate searches, inherently violate human dignity and privacy. However, prisons have no other way to prevent the entry of prohibited objects and substances. That’s why international institutions and documents protecting human rights have occasionally accepted their use. Although they have considerations regarding the method of application and implementation, especially for special groups such as children and patients. This research is trying to evaluate the conditions under which body search may lead to inhuman treatment and even torture by using library and documentary sources and to answer these questions: where is the threshold for entering the forbidden territory in the body search? And to what extent are Iran's laws and regulations in line with human rights standards? The findings of this research show that Iran's criminal system has taken into consideration the basic issues of human rights standards by specifying the prohibition of strip and cavity searches except in exceptional cases and subject to meeting conditions in the executive regulations of the prisons organization. However, it is necessary to provide considerations for some sensitive groups, such as children and teenagers, in laws and regulations for full compliance with human rights standards.
Public Law
seyedeh zahra saeid
Abstract
The explanation of political systems in the context of the concepts of a unified government and a divided government gives a clear information of the relationship between the ruling powers. According to the mentioned concepts, the research with its analytical-critical method aims to explain the type ...
Read More
The explanation of political systems in the context of the concepts of a unified government and a divided government gives a clear information of the relationship between the ruling powers. According to the mentioned concepts, the research with its analytical-critical method aims to explain the type of relations between government and parliament as well as within the executive branch. The purpose of above reviews is to reject the claim of semi-presidentialism of the political system of the Islamic Republic of Iran.
In the 1358 Constitution, in opinion and not necessarily in practice, the relationship between the government and the parliament was in accordance with unified government. In addition, we were facing a divided government at the level of the executive branch. According to the amendment of the constitution and the removal of the prime minister as the guarantor of unified government and holding separate presidential and parliamentary elections, the relationship between these two institutions can be examined in the form of a divided government. Due to the exclusive, joint and overlapping executive powers between the leadership and the president as stipulated in the constitution, creation of divided government at the level of the executive branch as well, is worth thinking.
Public Law
kazem Ahmadi; Seyed Naser Soltani
Abstract
Schmitt was strongly opposed to the liberal approach to safeguarding the constitution, which he viewed as devoid of real political content and overly dependent on abstract legal principles. Instead, he advocated for a more decisive and politically charged role for the head of state, arguing that only ...
Read More
Schmitt was strongly opposed to the liberal approach to safeguarding the constitution, which he viewed as devoid of real political content and overly dependent on abstract legal principles. Instead, he advocated for a more decisive and politically charged role for the head of state, arguing that only such an individual could effectively protect the constitution in times of crisis. Schmitt challenged the liberal concept of a neutral and objective state, claiming that such a state is inherently incapable of making crucial political decisions necessary for safeguarding the constitution. He also criticized liberal democracy, arguing that it leads to a fragmented and indecisive political landscape, rendering it ineffective in maintaining the unity and cohesion of the state. Schmitt contended that the constitution, as the embodiment of the state's identity, cannot be protected solely through legal mechanisms but requires a strong and decisive political will—one that can act in the face of uncertainty and crisis. This article takes a descriptive-analytical approach to Karl Schmitt's critiques, a prominent German legal theorist, on liberalism, democracy, and parliamentarism, and examines their implications for the protection of the constitution.
Public Law
mohammadreza ABBasi; Hamid Reza Salehi; Narges Bageri motlag
Abstract
Abstract: One of the most important tax sources, which is especially important from the point of view of the number of taxpayers, is real estate rental. The territory of this source is one of the important tax issues. What is the meaning of rent in the law of taxes, does it mean the same as the acquisition ...
Read More
Abstract: One of the most important tax sources, which is especially important from the point of view of the number of taxpayers, is real estate rental. The territory of this source is one of the important tax issues. What is the meaning of rent in the law of taxes, does it mean the same as the acquisition of ain bawad or its scope is different from this concept. This research has been analyzed descriptively and analytically, and in it, while examining the scope of property rental tax, some issues of tax law have been analyzed. The result of the research shows that the tax on real estate rent includes a wider area than the lease contract and includes mortgage, possession, lease, endowment, pure possession and even aggressive possession. If a private property is under aggressive possession and the owner has received an eviction order against it, the owner is subject to real estate tax, and considering that the aggressive possessor must pay the benefits, the owner must also pay the tax on the same basis. Also, the Tax Dispute Resolution Board is authorized to deal with unreal rent.
Public Law
Zahra Ameri; ahmad khosravi; masoumeh Ameri
Abstract
The right to sexual education is both an inevitable right to maintain human dignity, independence and individual value, and a necessary right to realize and benefit from other rights, including the right to health. The proper realization of this right is the responsibility of the obliges who must perform ...
Read More
The right to sexual education is both an inevitable right to maintain human dignity, independence and individual value, and a necessary right to realize and benefit from other rights, including the right to health. The proper realization of this right is the responsibility of the obliges who must perform obligations So that people can benefit from it. Parents play a key role in this field. Nevertheless, the main responsibility in this regard, as a dimension of the right to education, rests with the government. The authors in this research, which carried out using descriptive analytical method and using library resources, emphasize the importance of the government's commitment in teaching sexual literacy through two general strategies of discourse creation and operational empowerment. In the first strategy, it is important to develop laws, establish transparent standards for sex education by relevant institutions, and focus on developing formal education programs. in the second strategy, the allocation of resources for training and support of educators, as well as the design and implementation of responsive and constructive actions to evaluate and adjust sex education programs are emphasized.
Environmental law
Rozhin Taghdisi Nezhad; Kian Biglarbeigi; Amirsaed Vakil
Abstract
Today,the phenomenon of climatechange and its destructive consequences has openedup vital and dangerous challenges to the world.For example,millions ofpeople around the world are forced to migrate annually.An overviewof someof themost important international documents on climatechange,such as the1992NewYorkConvention, ...
Read More
Today,the phenomenon of climatechange and its destructive consequences has openedup vital and dangerous challenges to the world.For example,millions ofpeople around the world are forced to migrate annually.An overviewof someof themost important international documents on climatechange,such as the1992NewYorkConvention, the1997KyotoProtocol,andthe2015ParisAgreement,indicates the lack of a coherent and comprehensive mechanism to support environmental refugees.Even the 1951Convention on the Rightsof Refugees and also its amending protocol,have not specifically addressed environmental refugees.In contrast, judicial precedent,actions of organizations,and other non-binding international norms are relatively effective in supporting environmentalrefugees.At present,the systemof International human rights law and the general supportof the global system for refugees,in the formof the Convention on Refugees’Rights and other international documents are the only available tools and a turning point in creating a balance between the strict immigration policies of governments and the realization of the fundamental rights of refugees.Therefore,this paper seeks to address the question of how requirement of international law about protecting refugees can be extended to environmental refugees.Ultimately,the authors conclude that until a new convention is adopted,the conclusion of bilateral or multilateral protection agreements,with the aim of guaranteeing the rights of environmental refugees and providing a suitable framework for safe and orderly migration through increased humanitarian assistance,is necessary more than ever before.
Public Law
Zohreh Naeimifard; MAHDI HADAVAND
Abstract
In administrative law, the "rule against bias" is one of the branches of the principle of "procedural fairness". One of the situations that may lead to a violation of the mentioned rule is "conflict of interest". Despite the importance of discussing the conflict of interest ...
Read More
In administrative law, the "rule against bias" is one of the branches of the principle of "procedural fairness". One of the situations that may lead to a violation of the mentioned rule is "conflict of interest". Despite the importance of discussing the conflict of interest in the public sector, taking into account its relationship with the rule against bias in administrative law, this issue has been addressed less, and the main topics discussed are related to the relationship between corruption and conflict of interest. Considering the relationship between this concept and the rule against bias, this article, using an analytical-descriptive method, seeks to examine the nature, elements, application, criticisms, and challenges of conflict of interest management to increase transparency and public trust in the government. It seems that bias and conflict of interest are related in the potential of influencing decision-making, jeopardizing impartiality and fairness, and affecting the validity of administrative decisions and actions. The most important requirements of prohibiting bias in conflict of interest are refusal and disqualification. In the face of the challenges in managing conflict of interest situations, continuous improvement, modification, and updating of conflict of interest regulations are necessary to ensure avoid any appearance of bias.
Public Law
Mohammadjavad Mohammadipour; Ali Mashhadi
Abstract
Article 50 of the Constitution of the Islamic Republic of Iran is known as the basis of the issue of environmental protection in Iran's legal system, which according to many thinkers in the field of law and environment is one of the neglected Articles of the Constitution. This research intends to ...
Read More
Article 50 of the Constitution of the Islamic Republic of Iran is known as the basis of the issue of environmental protection in Iran's legal system, which according to many thinkers in the field of law and environment is one of the neglected Articles of the Constitution. This research intends to obtain the procedure of the Guardian Council in applying this Article and to measure the extent to which this capacity is used in order to protect the environment. The findings show that the Guardian Council cited Article 50 of the Constitution in only two cases, and there are also cases that are contrary to this Article from a strict point of view, but the Guardian Council did not find fault with them. In general, it seems that considering the developing conditions of the country and the priority of economic issues, the Guardian Council has a balanced view on Article 50 and the issue of environmental protection, which may be better to pay more special attention to this Article because of the importance of the environment in Sustainable Development and activates its capacity to the maximum.
Public Law
mahdi moradi berelian
Abstract
Among the most prominent neo-Kantian formulations of the legal in the contemporary era is presented by Ronald Dworkin. His idea, from the path of antagonism with the separation of the legal from the moral result of the positivist thought, has deeply affected the modern philosophy of law. On the other ...
Read More
Among the most prominent neo-Kantian formulations of the legal in the contemporary era is presented by Ronald Dworkin. His idea, from the path of antagonism with the separation of the legal from the moral result of the positivist thought, has deeply affected the modern philosophy of law. On the other hand, using a political rationalist metaphysical system, Kant's philosophy establishes a moral society where the political is subordinate to the moral. In this train of thought, the examination of the political through the perspective of a morality-driven government takes precedence. Using the descriptive-analytical method, this article aims to explain Dworkin's thoughts on the legal, which is interpretative and teleological in nature, and demonstrate how his ideas are influenced by Kant's views. Teleological ethics, valuing humanity and integrating reason as a tool in the service of humanity, are the common grounds of Kant's and Dworkin's thoughts. This leads to a shift from moral-legal integrity to political integrity based on ethics, where equal concern and respect for individuals are placed at the center of governance. This opens a new perspective on governance.
Public Law
Samaneh Rahmatifar
Abstract
The objective is to offer legal solutions that humanizes administration by enhancing pleasure and minimizing pain. The research employs a descriptive-analytical approach.Bentham's pleasure theory will serve as the theoretical framework, involving an exploration of various pleasure types. Subsequently, ...
Read More
The objective is to offer legal solutions that humanizes administration by enhancing pleasure and minimizing pain. The research employs a descriptive-analytical approach.Bentham's pleasure theory will serve as the theoretical framework, involving an exploration of various pleasure types. Subsequently, legal components will be delineated to facilitate the application of each pleasure type within administrative processes. Bentham's philosophy underscores the principle of pleasure as a foundation for determining public interest and legislating accordingly. Bentham identifies fourteen pleasure examples,. Additionally, he enumerates twelve instances of pain Fostering pleasure among both staff and citizens aligns with the public interest. Its elements encompass asking for minimum documents, the admissibility of any request, prohibition of caution within the framework of the law, prohibition of narrow interpretation of legal competence, transparency of administrative law enactments, exercising discretions according to the will of the customers, granting job-related privileges to staff, meritocracy, professionalism, equality for solidarity, good-faith, adaptation of the citizen's private interest and public interest, absolute prohibition of disclosure of citizens' information, combatting corruption, consequentialism. The elements form a body of humanization within administration by legalizing of pleasure, becoming the content of the code of ethics, implementing through related general principles, promoting through education, and guaranteeing through self-control.
Public Law
Meisa Kamyab
Abstract
Since the formation of human societies, the matter of justice through judiciary has never lost its importance. Over time, the effort to provide appropriate models of proceedings has paved the way to discussing the role of emotion in law. Renouncing empathy in judging is another embodiment of the widespread ...
Read More
Since the formation of human societies, the matter of justice through judiciary has never lost its importance. Over time, the effort to provide appropriate models of proceedings has paved the way to discussing the role of emotion in law. Renouncing empathy in judging is another embodiment of the widespread discourse on denying emotion and emotional expressions in law. The opponents of judicial empathy claim that being an empathetic judge results in distancing oneself from the commitment equal treatment and legality due to different personal levels of empathy in judges. Therefore, the first goal in rejecting empathy is equality and rule of law.
This manuscript is based on library research work and case studies. Legal case study turns the theoretical framework concrete and shows that empathy not only needs not to be excluded from legal professions and judging, but also should be encouraged for the sake of equality and rule of law. Empathy, as an emotional capacity, is a source of cognition in proceedings as well as an instrument for interpretation. Including and encouraging empathy in judicial curriculum, respecting diversity and plurality in recruitment of judges and promoting legal storytelling are methods to be considered for making the judiciary empathetic.
International Law
Mahdi Haddadi
Abstract
Conventional and customary rules both play a decisive role in regulating international relations. Basically, every legal rule needs interpretation during implementation. However, contrary to the treaty, not only the ritual and method of interpretation have not been regulated regarding the customary rules, ...
Read More
Conventional and customary rules both play a decisive role in regulating international relations. Basically, every legal rule needs interpretation during implementation. However, contrary to the treaty, not only the ritual and method of interpretation have not been regulated regarding the customary rules, but also arguments have been raised in the direction of the impossibility of its interpretation. Including, only written rules can be interpreted, secondly, the identification of customary rules is the only operation that determines its content. This article examines the correctness of these two arguments with a descriptive-analytical method, and through examining the doctrine and judicial procedure, and finally introduces the methods of interpretation of customary rules. The result of this research is that interpretation, which requires research into the meaning of a legal act, is equally possible regarding written and unwritten rules. On the other hand, attention should be paid to the special distinction between identifying the customary rule and determining its content. Finally, the methods of interpretation of the treaty can be applied by applying the necessary changes to the interpretation of customary rules, as is the case with some sources of international law.
International Law
Sassan Seyrafi; Asma Salari
Abstract
The need to fight climate change while at same time meeting the world’s increasing demand for energy has led to the exponential growth of the renewable energy industry in the past two decades. Many sources of renewable energy are situated in the sea. Yet, at the present time only offshore wind ...
Read More
The need to fight climate change while at same time meeting the world’s increasing demand for energy has led to the exponential growth of the renewable energy industry in the past two decades. Many sources of renewable energy are situated in the sea. Yet, at the present time only offshore wind energy is produced on an industrial scale. Offshore wind farms are primarily constructed in the territorial sea or the exclusive economic zone (EEZ) of coastal states. Nonetheless, with the advancement of marine turbine technology, especially floating turbines, offshore wind farms will be increasingly installed in the EEZs of coastal states. Based on a descriptive-analytical method, this study aims to examine the production of wind energy in the EEZ from the standpoint of the law of the sea. The findings of the study indicate that the 1982 Law of the Sea Convention provides the basic international legal framework for marine renewable energy development and together with several other treaty and non-treaty instruments regulates various aspects of offshore wind energy production in the EEZ. Thus, it seems that there is no legal lacunae in regard to this subject area.
Public Law
Javad Yahyazadeh; Hassan Vakilian
Abstract
Constitutional unamendability is a pivotal issue in contemporary comparative constitutional law and represents a key aspect of constitutional theory. This concept presents significant theoretical and practical challenges across various legal systems. the impact of constitutional unamendability on the ...
Read More
Constitutional unamendability is a pivotal issue in contemporary comparative constitutional law and represents a key aspect of constitutional theory. This concept presents significant theoretical and practical challenges across various legal systems. the impact of constitutional unamendability on the principles and norms within the spheres of institutional design, judicial review, and political interactions is significant. It plays a crucial role in establishing a stable equilibrium between constitutionalism and democracy. This paper aims to address two fundamental questions: what is the legal basis for constitutional unamendability? which provisions of the constitution should remain immune from amendment? The resolution of these two questions hinges upon a prior determination: What is the constitutional unamendability? This paper, using normative method, demonstrates that the theory of constitutional unamendability seeks to understand the nature of amendment as a derived constituent power by distinguishing between amendment and revision. The theory also examines transnational unamendability based on a universal interpretation of constitutionalism and justifies the boundaries of explicit and implicit limitations on the amendment. The implications of transnational unamendability manifest in the constrained adherence to the unamendability of constitutional values, the allowance for the unamendability of intermediate values, and the absolute prohibition of the unamendability of anti-constitutional values.
International Law
seyede parisa mirabi; Masoud raei; Alireza Ansari Mahyari
Abstract
Contemporary international law has accepted new legal principles or norms that do not accept disregard for human rights standards as grounds for immunity from punishment. But still the heads of states escape from criminal responsibility by resorting to the rules of immunity.the International Court of ...
Read More
Contemporary international law has accepted new legal principles or norms that do not accept disregard for human rights standards as grounds for immunity from punishment. But still the heads of states escape from criminal responsibility by resorting to the rules of immunity.the International Court of Justice announced that states' obligations to criminalize and exercise jurisdiction have a deterrent and preventive nature.The states that are parties to the treaty are committed to provide their own legal system to prosecute and try the perpetrators.These judicial opinions provided a platform for the International Law Commission to determine the path of this demand from a legal point of view by stripping immunity from these people.The current research based on the descriptive and analytical method and using library studies in the court procedure reaches this conclusion states have a common global interest in committing to exercise jurisdiction in cases of violations of mandatory rules. For this reason, the commission,by depriving Immunity Ratione Materiae in cases of committing crimes of Draft Article7, Committed the competent country to try foreign officials according to the laws and procedures of the state of the court and in accordance with the applicable rules of international law.
