Public Law Researsh

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 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.

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 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

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 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.

Abstract Dr. Musa Javan was one of the important legal theorists in the history of Iran, who made significant contributions to Iranian legal theories. In his book Foundations of Law, he introduced Western legal theories to Iranian society and tried to theorize an Iranian modern legal theory. Considering such importance, this article examined the significance of Javan’s legal theories and highlighted the necessity of Reviving his legal theoretical legacy. The primary question of this study is: What is the importance of Javan’s legal theories and why should be revived? According to this article, due to the ongoing theoretical crisis in Iranian public law, it is essential to analyze and review the academic views of legal theorists like Javan. Among Iranian theorists, Javan’s legal theoretical legacy holds particular methodological and academic significance. Regardless of its importance, the legal-theoretical contributions of this Iranian thinker have been forgotten, and no one has explored them. This article is theoretical research and has been written using the “Legal Doctrinal Research Method”.

Abstract With the emergence of diverse perspectives on the state, various roles have been defined for it. The perfectionist approach considers the state as the primary guide of society, which, by discerning the best interests of individuals, directs society towards felicity. In contrast, the neutrality approach to the state, by distinguishing between the good and the right, and the private and the public, deems the state responsible for creating a framework within which citizens pursue their own conceptions of the good. Neutrality represents a novel approach to rethinking the competence of states. The Constitution of the Islamic Republic of Iran, despite possessing strong perfectionist concepts, is not devoid of neutral notions. This paper addresses the question of whether a neutral reading of the Constitution can be presented and what its foundations are. It seems that principles such as constituent power, autonomy, freedom, equality, and popular sovereignty in the Constitution form the basis of a neutral approach and can serve as rivals to perfectionist principles. Employing a descriptive-analytical method, this article examines neutrality, its foundations, and its indicators within the Constitution of the Islamic Republic of Iran.

Abstract Foucault's view on power, state, sovereignty, and subject differs from Marxist and liberal views. Foucault is opposed to the Cartesian autonomous subject. The subject constitutes itself within a network of power along with resistance. The State is a continuous process embedded in extensive networks of power that respond to specific cases through governmentality. Given the differences mentioned, the social contract, sovereignty, and legitimacy have no place in Foucault's thought. This research seeks to answer the following questions: In Foucault's political thought, what role does the state have in modern society, and how does it fulfill it? How and on what basis does resistance to power take place? What contribution does Foucault's thought make to securing individual rights and freedoms? The results show that, according to Foucault, The state intervenes in subjectivization and forming the obedient subject through "the conduct of conduct" and shapes the field of possible action for subjects. Resistance is the twin of power and drives its criterion from cultural practices. Foucault's view reveals the hidden angles of power and state operations and helps citizens monitor the state effectively.

Abstract The digital transformation of international dispute resolution mechanisms has accelerated markedly in recent years. While virtual hearings were not unprecedented, the COVID-19 pandemic compelled international courts and tribunals to transcend conventional procedural models to prevent undue delays in adjudication.
This article adopts a descriptive-analytical methodology grounded in doctrinal legal research to examine whether the right to an in-person hearing is recognized under the procedural regimes of international judiciary bodies. It interrogates the evolving judicial attitudes toward the principle of physical presence in hearings and assesses the extent to which such a principle is embedded in the normative frameworks of international proceedings.
The findings suggest that, although the right to a physical hearing is not explicitly codified in the statutes or procedural rules of most international courts and tribunals, the overarching principles of procedural fairness, equality of arms, and the right to be heard remain central to the administration of justice. In light of recent jurisprudential and institutional practice, the continued use of virtual or hybrid hearings is increasingly regarded not only as a pragmatic response to global exigencies, but also as a necessary evolution in the delivery of international justice.

Abstract As to the legal nature of sovereign wealth funds, there are three different approaches globally. This article aims to analyze and evaluate the impact of these differing methods on international disputes, as well as the desirability of the legal nature and framework of Iran's National Development Fund, considering the current sanctioned situation.
According to the findings of this research, sovereign wealth funds fulfill the necessary technical and legal requirements in each of their forms. In the ICSID practice regarding personal jurisdiction, the Broches criterion is applied, which reduces the role of legal nature. Regarding judicial immunities, the principle of non-applicability of immunity applies in cases where the fund's activities are commercial in nature; similarly, in terms of enforcement immunity, albeit to a lesser extent, the existence or non-existence of independent legal personality from the state is not considered a determining factor. The legal nature of the National Development Fund is characterized as a pool of assets belonging to the state and lacking independent legal personality, which has contributed to its unsuccessful performance alongside various other factors and will pose multiple challenges. Therefore, alongside interpretative and procedural strategies concerning international disputes, corrective strategies within an appropriate legal framework have been proposed.

Abstract In most of the cases filed with the International Court of Justice concerning the Genocide Convention, the Applicants have sought an interim order to cease the Respondent’s military operations. While the Court’s case law shows that in most cases these requests have been dismissed by the Court due to their lack of subject-matter relevance to the Genocide Convention, in some cases this request has also been granted. The only reason expressed in the separate opinions of the judges in these cases is the humanitarian crisis, which in previous cases also existed, perhaps even more severely. Another point that the Court’s case law has established in these cases is the lack of subject-matter relevance of the use of force or self-defense to the provisions of the Genocide Convention. Although the requested interim order must be related to the alleged rights contained in the instrument granting jurisdiction to the Court, in some cases the Court, despite acknowledging the lack of connection between the use of force and the provisions of the Genocide Convention, has referred to the cessation of military operations in the interim order.

Abstract The right to happiness and the pursuit of happiness are significant in human rights discourse, yet they are not explicitly stated in the European Convention on Human Rights. Nevertheless, the European Court of Human Rights has indirectly addressed these concepts through a broad and creative interpretation of the Convention’s rights. The central question is how the right to happiness and its pursuit are articulated in the Court’s jurisprudence. Findings reveal that, although not directly mentioned in the Convention or its protocols, the Court recognizes and supports rights indirectly linked to happiness and well-being through expansive interpretation of the Convention’s provisions. The Court’s judicial practice emphasizes protecting fundamental rights, such as the right to life, freedom of expression, and privacy, which contribute to conditions fostering happiness. This approach implicitly promotes individuals’ well-being. Using a descriptive-analytical research method, this article examines how the Court’s judicial interpretations indirectly support the right to happiness, demonstrating that such interpretations can expand the concept of well-being within the human rights framework.

Abstract The constitution is one of the most complex concepts in the science of law. A vast literature has been formed about the history of this concept, its essence and philosophy, functions, content and design. One of the important topics in this regard is the types of constitution. One of the types of constitution is the authoritarian constitution. With the emergence of constitutionalism and the limitation of power, it was difficult to imagine that the constitution would work in the direction of consolidating the power of authoritarian rulers, but historical experience has shown that authoritarian systems also have a constitution and insist on having this document. This article has examined this type of constitution using a descriptive and analytical method and seeks to answer the question of what an authoritarian constitution is and what its functions are. In this article, in addition to defining the constitution, the most important functions of this type of constitution have been discussed by referring to the experience of constitutions in authoritarian countries

Abstract This article focuses on how international criminal law responds to the challenges of the use of AI-based weapon systems and the criminal liability of individuals involved in committing international crimes involving these weapons. For this purpose, adopting an analytical-descriptive approach, the study addresses whether the existing framework of international criminal law can adequately meet the challenges arising from crimes committed by autonomous weapons. Considering that various actors are involved in their production, designing, programming, training and deploying, the more important question is that who bears responsibility for international crimes involving military AI?
The author argues that while attributing direct criminal liability to a specific individual in this context is complex, an interpretive expansion of Articles 25 and 28 of the Rome Statute—coupled with the theory of hierarchical responsibility—can establish liability for individuals or groups of individuals who play a decisive role in designing, developing, deploying, or commanding such systems. Thus, all human actors who are at a particular point in the chain of supervision or command and who exercise control over others, may be held responsible.
Keywords: Artificial intelligence, Autonomous Weapons, Criminal Liability, International Crimes, Armed Conflicts.

Abstract Capital gains tax is one of the major tax bases that governments, by invoking tax justice, increasing tax revenues, redirecting capital from non-productive assets such as real estate to productive assets such as shares in manufacturing companies, and combating speculation, explicitly provide for in their tax laws and levy on the profits arising from the sale of capital assets, calculated relative to their acquisition time.It is of paramount importance that the relevant legislation take into account the economic considerations associated with this subject. One of the most critical considerations is inflation, which merely leads to a nominal increase in the value of assets. This study, conducted through a library-based and descriptive-analytical method and with reference to theories of distributive justice, examines the question of whether capital gains should be adjusted for inflation for tax purposes. The research concludes that in the presence of inflation—particularly in countries with underdeveloped financial markets—if capital gains tax is imposed on nominal rather than real gains, it will result in economic lock-in effects, reduced incentives to save, violations of theories of justice, and ultimately capital flight. Such outcomes are inconsistent with the efficiency objectives of tax policy and impose significant burdens on a nation’s economy.

Abstract Climate change constitutes one of the most complex challenges in contemporary international law, giving rise to a multilayered and evolving system of obligations. The three core instruments in this field—the UN Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement—represent structurally distinct approaches to state commitments, ranging from cooperative frameworks to binding emission targets and voluntary nationally determined contributions. This structural diversity complicates the interpretation and evaluation of climate obligations. Within this context, the central inquiry of the present study is whether Iran’s legislative and policy measures align with its international climate obligations. The article proceeds in three stages: it first examines the legal nature of commitments under the three treaties; second, it outlines a framework of assessment based on the principles of cooperation, due diligence, and adaptation; and third, it evaluates Iran’s performance within this legal matrix. Using a descriptive-analytical methodology, the study draws upon international treaties, jurisprudence, and domestic instruments. While Iran has made meaningful progress—such as participating in COP negotiations and enacting environmental legislation—the lack of a finalized Nationally Determined Contribution (NDC) and the failure to ratify the Paris Agreement remain significant deficiencies in its climate governance architecture.

Abstract So far several bills with the content of mandating "Islamic Hijab" have been passed in Iran. "This study examines whether the legal mandate of the 'Islamic Hijab' is consistent with the fundamental principles of good legislation." In the form of a descriptive-analytical study, the legal mandate of the "Islamic Hijab" can be considered contrary to good legislation in three respects: the language of the law, legal principles such as the rule of law, and content principles such as effectiveness. The innovation of this study lies in raising the issue of the requirement of the "Islamic Hijab" from the perspective of good legislation and cautious reflection on the disputed norm of the hijab. There is ambiguity and generality in the language of these laws, which provides room for institutions such as the Supreme Council of the Cultural Revolution, the police force, and judges to violate the rule of law. Ultimately, the effectiveness of the legal mandate of the "Islamic Hijab" is seriously questioned. The legislator is expected to scrutinize the law and legislation more than ever in order to prevent the passage of poor-quality, poorly enforced laws and the waste of public funds.

Abstract This article examines the case law of the European Court of Human Rights and International Law Commission's framework on State responsibility for the joint conduct in multinational operations. The aim of this study is to define legal trends regarding the joint conduct in the approaches of the ILC and the ECtHR. The main question is how the ECtHR reconciles the ILC's principle of concurrent responsibility for joint conduct with the jurisdictional limitations of Article 1 of the European Convention on Human Rights, and what consequences this has for accountability in multi-State actions. Through case studies of key cases related to this issue and their legal analysis, as well as the general trends of each, this essay has argued that the Court's reliance on "effective control" as a prerequisite for jurisdiction creates accountability gaps in areas such as military alliances or illegal decision-making. By aligning the case law of the ECtHR with the principles of the ILC on State responsibility, this article has argued for a coherent framework that balances universal protection of human rights with the realities of multinational cooperation and ensures that States are not allowed to escape accountability through institutional lack of transparency.

Abstract Environmental justice addresses issues related to the fair and equitable distribution of environmental benefits through the principle of inclusiveness at local, national and international levels, which is possible through the meaningful participation of vulnerable indigenous populations in decision-making and policy-making processes. The present study, which is presented in a descriptive-analytical manner, examines the perspectives and various aspects of using the concept of environmental justice as a tool for advancing the rights of indigenous peoples in light of Islamic teachings and the international human rights system. The results of the study indicate that Islamic teachings, emphasizing stewardship of the land and maintaining the balance of the ecosystem, recognize the environmental rights of indigenous peoples as part of human rights and the duties of generations. The international human rights system also recognizes the right of indigenous communities to preserve their land, culture and natural resources through documents such as the Convention on the Rights of Indigenous Peoples. The key point of similarity is the emphasis on the participation of indigenous communities in environmental management, but the basis of each (divine in Islam and human in the international system) and the scope of these rights are different.

Abstract As the importance and scope of an organization’s activities increase, challenges may arise. Specifically, if an international organization, alone or through its organs or members, adopts or implements decisions that are contrary to international law, various issues arise; especially if the rule in question is peremptory. In light of this proposition, the present study examines the decisions of the United Nations regarding the Palestinian Territory. The question is whether the decisions that this organization has adopted regarding the status of this territory are consistent with the right to self-determination of the Palestinians? If the answer is not in the affirmative, what are the consequences of these unlawful actions? As the International Court of Justice has also acknowledged in its 2024 Advisory Opinion on Palestine, the right to self-determination has been elevated to the level of a peremptory rule in international law in the context of confronting foreign occupation, and on this basis, it cannot be violated by the agreement of subjects of international law.

Abstract This article analyzes the dual system of workers’ representation in German labor law, which is based on two complementary yet distinct institutions — trade unions and works councils — that form the foundation of the country’s industrial democracy. The main research problem is to evaluate the effectiveness of this system in the face of structural transformations in the contemporary labor market, including the expansion of digital employment, declining union membership, and increasing workforce fragmentation. The central research question asks whether the dual system of workers’ representation remains capable of responding to the evolving needs of the labor force or requires institutional reconstruction and legal reform. The study adopts a descriptive–analytical and interdisciplinary approach, drawing on legal, historical, and institutional data to examine the origins, structure, and evolution of this system. The findings indicate that while the dual representation model remains effective in traditional industries, it faces significant weaknesses in new forms of employment. study concludes that the sustainability of this legal framework depends on strengthening the linkage between trade unions and works councils, expanding the inclusiveness of representation, and adapting to technological and labor market changes to maintain the balance between social justice and economic dynamism within Germany’s industrial democracy.

Abstract Derived from the first paragraph of Article 33 of the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, State Parties are strictly prohibited, by any means, from returning refugees to territories where their life or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion. The use of the term “refugees” in this provision has given rise to two main interpretive approaches: a restrictive view that limits its application to individuals whose refugee status has been formally recognized, and a broader approach that extends the scope to include both asylum seekers and recognized refugees. In this context, Australia has sought to avoid its obligations under the non-refoulement principle by outsourcing asylum seekers to third countries that do not provide adequate safety and protection. This study, through a descriptive-analytical method, addresses whether the non-refoulement obligation also covers asylum seekers. It further evaluates whether Australia’s outsourcing policy constitutes a breach of this principle. The findings indicate that the principle applies to both asylum seekers and refugees, and that transferring asylum seekers to a third country where safety is uncertain constitutes a violation of the principle of secondary non-refoulement.

Abstract The right to freedom of expression, as a fundamental human right, plays a key role for children and is the basis for their active participation in society. The fundamental question is what is the scope of a child’s right to freedom of expression and how is this right guaranteed? In Iran, although Article 24 of the Constitution and Article 175 of the Islamic Penal Code recognize freedom of expression, there are limitations such as “harming national security” or “contrary to public morality.” In contrast, the American legal system, citing the First Amendment to the Constitution, emphasizes the right of students to express themselves in educational environments as long as serious disruption is not caused and the authority of schools to censor content related to the curriculum. In the United States, an approach based on a balance between individual rights and educational order prevails, while in Iran, centralized legislation and religious restrictions play a fundamental role. American laws have a special focus on protecting children in cyberspace, while Iran emphasizes more on controlling media and educational content. The proposal to add supplementary materials to the Law on the Protection of Children and Adolescents is one of the achievements of this article.

Abstract With the increasing expansion of cyberspace and the increase in cyber threats globally, cyber capacity building has been placed on the agenda of governments and international institutions as one of the key elements in strengthening digital security. One of these institutions is the European Union. The European Union, given its multinational structure, has also made extensive efforts to enhance the cyber capabilities of its member states; however, the capacity building process faces numerous challenges. In this study, the authors will address the most important challenges of the European Union in the field of cyber capacity building using a descriptive-analytical method. The results of the study indicate that the challenges facing the European Union include the heterogeneity in the level of cyber development and capability among member states, the shortage of specialized human resources, the lack of an integrated legal and judicial framework, dependence on foreign technologies, and poor public awareness of cyber threats. In addition, the increasing complexity of cyber attacks and the changing nature of threats highlight the need for dynamic and flexible capacity building more than ever.

Abstract Carl Schmitt’s theory of political unity—centered on the conceptual distinction between Constitution and constitutional laws—offers a radical alternative for understanding the legitimacy of constitutional law and the ontological foundations of legal order in modern states. Contrary to normative approaches such as Kelsen’s Grundnorm theory, Schmitt maintains that legitimacy does not emerge from abstract norms but rather from a concrete and historical political decision through which the people recognize themselves as a unified political subject. Within this framework, the constitution is not a mere set of formal norms but the manifestation of the founding will of the people. This article analyzes Schmitt’s key work State, Movement, People, arguing that constitutional law is, in Schmitt’s view, a product of the constituent power, not its source. Through a philosophical reading of Schmitt’s triadic model—State, Movement, and People—the study explores how political unity underpins the representational structure of constitutional orders. Using a conceptual-analytical methodology, the article highlights the primacy of the constituent decision as the basis of legitimacy, offering a new theoretical lens for addressing contemporary legitimacy crises and rethinking the relationship between people and law.

Abstract Law, in its true sense, is the manifestation of the public will and the defender of the rights and freedoms of citizens against the arbitrary actions of the government and officials. The judicial system is the reference for claims of citizens and the government against each other, and in authoritarian governments it can become a tool for suppressing the rights and freedoms of citizens. The Independence of advocacy in the Judiciary is one of the guarantees of the rule of law, supervision by the specialized and professional civil society over the performance of judges and officials, and the good performance of the judicial system in realizing the rights and freedoms of citizens.
This research, using descriptive and analytical methods and library resources, studies the role of the Independence of advocacy in the Judiciary in the rule of law in the Iranian judicial system. The Independence of advocacy in the Judiciary prevents the instrumental use of the judicial system by powerful individuals and institutions, defends the rule of law against the rule of judges, and provides a fair litigation and trial environment for citizens.

Abstract The European Union, as one of the world's major political and economic powers, has always endeavored to implement high standards of human rights in its internal and external policies. With the formation of the European Community and later the European Union as an influential international institution and advocate of human rights, the rule of law, and democracy as European principles, the question often arises: What place do human rights hold in the structure of the European Union's foreign policy? , hypothesized that despite the European Union's clear and apparent commitment to human rights, internal and international political and economic conditions have significantly affected the level of adherence to these principles concerning different countries, and the European Union does not have a uniform standard on this issue in its foreign policy. This hypothesis is tested using policy analysis methods. The theoretical framework used in this research is Joseph Nye's concept of soft power. The research findings indicate that the European Union has been able to enhance its role as a major player in the international system by promoting human rights standards. However, it also faces challenges and constraints, such as internal conflicts among members over how to implement these policies.

Abstract Employment-related claims concerning employee compensation against executive bodies constitute a category of administrative litigation. Such claims are brought, pursuant to Principle 34 of the Constitution, by employees who consider their compensation-related rights to have been violated or denied. At present, in implementation of Principle 173 of the Constitution and in accordance with paragraph (3) of Article 10 of the Law on the Administrative Justice Court, jurisdiction over such complaints lies with the chambers of the Administrative Justice Court. Given that a substantial proportion of the cases brought before this Court pertains to administrative and employment disputes related to employee compensation, the present study, employing a descriptive–analytical method, addresses the central question of how employment-related compensation claims against executive bodies can be reduced. The findings indicate that such claims may be reduced through diminishing deficiencies in the legislative system, including legislative inflation and fragmentation, as well as gaps in laws or implementing regulations; improving the performance of executive bodies by addressing negligence, lack of awareness, and refusal by public officials to enforce laws and regulations, together with resolving inconsistencies between legal provisions and executive bodies’ budgets; and mitigating adverse effects arising from inadequately reasoned decisions of the Administrative Justice Court.

Abstract This article examines the influence of medieval political thought—particularly concerning legitimacy and authoritative normative system—on the formation of the modern idea of the state and secular law in the domain of public law. With the precision of a skilled archaeologist, Martin Loughlin traces how seemingly ideological disputes between the Papal Curia and the Holy Roman Empire on one side, and independent monarchical realms challenging papal authority on the other, gradually allowed theological and legal arguments to carve out a space for normative validity within the Permissible Zone of religious law. By adapting the Aristotelian concept of nature to reinterpret the Christian notion of divine grace, this process created the groundwork for a secular domain in jurisprudence.
Furthermore, a faction within the Church employed theological interpretations to legitimize papal succession, advocating a distinction between the office and the person of the ruler. This reasoning ultimately contributed to the differentiation between the legal and natural personhood of the sovereign in the modern conception of the state. Through a detailed analysis of these two developments, this article demonstrates how—contrary to the reductive assumptions prevalent in Iranian academic discourse—religious institutions and ideas played an instrumental role in shaping the foundations of modern public law.

Abstract Abstract
The tourism industry, despite its pivotal role in the global economy and the enhancement of cultural interactions, increasingly faces substantial environmental, social, and cultural challenges that underscore the urgent need for an effective and legally binding international regulatory framework to ensure its sustainability. Nevertheless, the existing legal instruments governing sustainable tourism are predominantly embedded in non-binding soft law arrangements and therefore lack the necessary clarity, enforceability, and regulatory capacity to adequately address the adverse impacts of tourism activities on the environment and local communities. Employing a descriptive–analytical methodology, this study critically examines the structural deficiencies of the current international legal regime applicable to sustainable tourism and demonstrates its inability to institutionalize fundamental principles of international environmental law. The primary contribution of this research lies in proposing a redesigned governance model for sustainable tourism based on a gradual transition from soft law to binding hard law mechanisms. Grounded in the normative and institutional capacities of the Convention on Biological Diversity and the principle of intergenerational equity, the study advances the development of an international, legally binding supplementary protocol as an effective means to ensure full compliance of tourism activities with environmental obligations for present and future generations.

Abstract Despite the absence an identified mechanism for revision in the Persian Constitution of 1906, due to fears of Qajar court interference and manipulation, the internal, regional and international events of the post-Constitutionalism era, gradually paved the way for the first revision in the Persian Constitution of 1906. Accordingly, the majority of the Fifth Session of National Consultative Assembly in 1925 through the adoption of a single-article bill, officially declared the transfer of power from Qajar to Pahlavi and tasked the constituent assembly for first revision in the constitution to establish the Pahlavi dynasty .Furthermore in accordance with historical contexts and eight years after that young Shah (Mohammad Reza Pahlavi) ascended to the throne, this document has been revised in 1949.the authors' approach is that the 1949 Constituent Assembly’s resolution in some phases of the constitution revision have acknowledged national sovereignty and citizenship rights, particularly right to self-determination and in some phases, disregarded them.Regarding the second resolution, the authors argue that the Constituent Assembly adopted a dual approach in granting the authority to dissolve parliament to Shah.Thus, the amendment of Article 48 cannot necessarily be regarded as an anti-constitutional measure or against citizenship rights.

Abstract With the emergence of the Robust peacekeeping operations in the years after the Cold War, the scope of the use of force in peacekeeping operations expanded. This issue most often occurs in areas that are involved in armed conflicts. Considering the nature of peacekeepers, who must act impartially, this raises questions about the applicability of international humanitarian law: are peacekeeping forces considered military under international humanitarian law, like the parties to the conflict, and may they be legitimate military targets? This article seeks to address these questions using a descriptive - analytical approach and library data. This article argues that in order for peacekeeping forces to become parties to the conflict, they must participate directly or indirectly in an armed conflict, whether international or non-international. Therefore, the mere presence of peacekeeping forces in an area that is involved in armed conflicts nor does the mere use of force make them parties to the conflict.

Abstract Some presidents of the United States of America, in response to a state of emergency and in order to ensure national security, have made decisions that have conflicted with the fundamental rights of individuals and the principle of separation of powers. This study answers the question: Given the position of judicial oversight and the principle of checks and balances in the presidential system of the United States, does the Supreme Court's practice in national security cases ensure the fundamental rights of individuals and the principle of separation of powers? This article examines three important and procedural decisions of the Supreme Court in the cases known as "Youngston Steel Seizure", "Curtis-Wright", and "Dems & Moore v. Reagan". The Supreme Court, using distinct criteria and distinguishing between the internal and external dimensions of national security, relying on extensive interpretative methods, analyzes the external dimension of national security within the framework of "foreign policy" and believes that the president has extensive authority as the "commander in chief" and the only "representative of the nation" in international relations.ted interpretation of the

Abstract This study examines the patterns of convergence and divergence between the indicators of the rule of law and the Constitution of the Islamic Republic of Iran. The theoretical framework is based on eight core rule of law indicators: limitation of governmental power, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, criminal justice, and informal justice. Employing a qualitative content analysis and using MAXQDA software, the preamble and all 177 articles of the Iranian Constitution were systematically analyzed. The findings indicate that, at the normative level, the Constitution contains significant capacities for advancing the rule of law and political development, particularly with regard to fundamental rights, civil justice, criminal justice, and public order. However, the concentration of political authority and decision-making within the institution of leadership, the institutional dependence of the judiciary, the lack of systematic transparency, and political interference in oversight mechanisms have hindered the practical realization of rule of law indicators. Based on these findings, sustainable political development in Iran requires structural reforms, the guarantee of judicial independence, enhanced transparency, structural anti-corruption measures, and a paradigm shift from national security to human security.

Abstract In the aftermath of the Second World War and the emergence of the modern international human rights system, environmental concerns initially held no distinct place within human rights discourse. However, the evolution of international law forged an inseparable connection between human rights and environmental protection. Exacerbation of current environmental crises and increased environmental damage in armed conflicts, particularly in the occupied Palestinian territories, the question arises as to how human rights norms can be employed to safeguard environmental rights and address the gaps and shortcomings of international humanitarian law? Drawing on a descriptive, analytical approach and library, based sources, this study explores the relationship between human rights, humanitarian law, and environmental protection, examines the environmental harms resulting from the Israel–Palestine conflict, and evaluates relevant documents and human rights norms for pursuing state responsibility for environmental damage. The findings indicate that despite the existence of specific international humanitarian rules, human rights norms, as general obligations, can provide a meaningful basis for protecting the environment and seeking reparations for environmental harm in situations of armed conflict.

Abstract Sheikh Hossein Yazdi, who was a student of Mirza Shirazi and a mujtahid of the Samarra and Najaf seminaries, realized the impact of the intervention of scholars in politics in the school of his teacher Mirza Shirazi following the tobacco ban and gradually joined the constitutionalist and law-loving movement of the Iranian nation, along with the constitutionalist modernists. Sheikh Hossein Yazdi's starting point in establishing and promoting Iranian constitutionalism, like many other constitutionalist jurists, was to preserve the essence of Islam and the essence of the Shiite state. However, his effective presence in the constitutionalist struggles and representation in the National Consultative Assembly in the early years of the Assembly revealed to him the importance of the rule of law and the legislative assembly, and he made effective theoretical and practical efforts in creating institutions and tools for the rule of law from the standpoint of Sharia and reason. ; In his view, the representatives of the parliament were the examples of the people's reliable intellectuals who received their decision-making will from the collective vote and will of the thirty million Iranian people and were committed to respecting the interests of the general public.

Abstract If the invention of the steam engine which led to the development of factories and the creation of the social class of workers, is considered the moment of occurrence of the First Industrial Revolution and the birthplace of the creation of labor law; if the utilization of electrical power is regarded as the herald of the Second Industrial Revolution and the technological core of inventions such as internal combustion engines, the completion of transportation networks, and the foundational precursor of international trade law; if the widespread use of computers and the proliferation of the Internet are deemed the basis for the realization of the Third Industrial Revolution and the platform for converting analog data into digital data and the creator of the system of intellectual property law and mass communication law; then we are now, with the formation of the information exchange system and the emergence of big data, at the heart of the Fourth Industrial Revolution, Based on the findings of this research “technology” is not the object of the law, rather, the law, and consequently the entirety of the legal system, is the subject of recognition and operation by the technological institution.

Abstract Given the significant developments of recent decades and China's emergence as a global power in international and regional relations, coupled with the multifaceted legal dimensions of Iran-China relations, it is vital for law schools to focus more on Chinese legal studies. However, the limited scholarship in this field reflects insufficient attention. One key step is studying China’s Constitution and its legal-political framework. This research identifies the legal traditions shaping China’s Constitution and compares them with the Iranian Constitution to offer a clear understanding of this document.

The findings show that China’s Constitution is influenced by Neo-Confucianism and Romano-Germanic legal traditions, while Iran’s Constitution is shaped by Islamic and Romano-Germanic traditions. Their similarities arise from the Romano-Germanic influence, while differences stem from the distinct impacts of Neo-Confucianism and Islam. As Iran’s Constitution integrates Romano-Germanic principles with Islamic legal foundations, China’s Constitution combines Romano-Germanic foundations (e.g., individual freedoms and socialist principles) with Neo-Confucian foundations like "harmony" and "service." The National People’s Congress, as the coordinating authority, sits at the system's apex, with other branches accountable to it. Its representatives are also expected to act as “servants” and “exemplary role models” for society, reflecting the Neo-Confucian ethos.

Abstract The difference between classical natural Law and Kant's rational Law should be found in the difference in their view of human beings, as the source of the validity of the principles and propositions of law. Human nature, in the Aristotelian approach, has a phenomenal nature; However, the principle of the sovereignty of the will, the Categorical imperative and the necessity of following it and the principle of individual freedom as the principle of the subject of practical rationality, is a form, and for this reason, both from the point of view of determining the content and from the point of view of the guarantee of implementation, in the domain regulating social relationships face a challenge. Positivism is a solution to solve this challenge. However, making compatibility between positivism and the aforementioned noumenons, especially with regard to the role it plays in solving the above-mentioned challenge, is another problem. Can Kant's transcendental positivism be a reliable theoretical framework for this compatibility? Is the advancement of practical rationality over theoretical rationality preserved by this type of positivism, or should Kant's transcendental positivism be called his second Copernican revolution? A revolution that is not necessarily compatible with the first revolution?