Public Law
mahdiyeh firoozi; Abbasali Kadkhodaei
Abstract
The concept of Law was the most important in terms of pre-constitutional reforms in Iran. The evolution of this concept as a basic concept can be generalized to the evolvement of reformist ideas in Iran; Thus, the importance of studying this concept becomes apparent. The beginning step of Iran's legal ...
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The concept of Law was the most important in terms of pre-constitutional reforms in Iran. The evolution of this concept as a basic concept can be generalized to the evolvement of reformist ideas in Iran; Thus, the importance of studying this concept becomes apparent. The beginning step of Iran's legal reform was affected by the reforms of Russia and the Ottoman Empire; hence it was formed under the title of the Age of Tanzimat. It was the first attempt by the Iranians to regulate and limit authoritarian and unconditional power. This research formulates by the descriptive-analytical method and library data collection method. This study attempts to show the concept of Nazm/Order as a measure to evaluate society and how it influenced Iranians' understanding of the concept of law by examining the works of Iranian writers, especially the works of Mirzamalkamkhan NazemAl-Dawla. The primary intention of this study is to investigate the concept of Law affected by the discourse of Tanzimat. The concept of law in such a context seemed to be highly centralist and with a formalist attitude, it sought to limit absolute power and tyranny, which was the most important symbol of the lack of Nazm/order in Iranian society.
Public Law
Ayat Mulaee; Nusratullah Nabeel Rahimi
Abstract
Post-positivism is a contemporary philosophical idea and has emerged with the influence of the criticisms of positivism. This concept is a part of the research methodology. The question is this: Does post-positivism have the potential to propose a research approach in public law? This article is fundamental ...
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Post-positivism is a contemporary philosophical idea and has emerged with the influence of the criticisms of positivism. This concept is a part of the research methodology. The question is this: Does post-positivism have the potential to propose a research approach in public law? This article is fundamental research, and the descriptive-analytical method has also been used for data analysis. Based on the findings of this article, First; most legal research does not take the research methodology seriously however, the validity of knowledge requires researchers to define the ruling paradigms of the research. If the researcher does not pay attention to this issue, the research output will not have scientific validity. Secondly; every knowledge cannot be considered as scientific knowledge. Correct scientific knowledge is subject to philosophical paradigms, which if not paid attention to, the output of the research will not have scientific validity. Thirdly; Post-positivism as a research approach can be extended to the knowledge of public law. Fourthly; this way of thinking enables public law researchers to adhere to descriptive and historical research methods (as contextual knowledge) in addition to using statistical techniques.
Public Law
hasan mohammadi; Ali Mashhadi
Abstract
Perfectionism, as an idea that has long influenced the political theories of the state, has a deep connection with the concepts of moral state, utopia, virtuous society, society's priority and the precedence of good. On the other hand, the public sphere, as a concept that has been born and developed ...
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Perfectionism, as an idea that has long influenced the political theories of the state, has a deep connection with the concepts of moral state, utopia, virtuous society, society's priority and the precedence of good. On the other hand, the public sphere, as a concept that has been born and developed in modern political thought, has been considered by modern political thinkers as a normative field and a rationalizing source for the state. Considering that one of the main approaches to the Constitution of the Islamic Republic of Iran is the perfectionist approach, Let's answer the question that, given the principles and pillars of the public sphere, is it possible to achieve it in a perfectionist approach to the constitution in the legal system of the Islamic Republic? Finally, by examining the foundations of the perfectionist approach and the public sphere, the refusal to realize the public sphere in this reading of the Constitution of the Islamic Republic of Iran is concluded.
Public Law
hamid feli; mohammad bahadori jahromi; mahdi ebrahimi
Abstract
Jurisprudents of the Guardian Council, based on the fourth principle of the Constitution, are responsible for adapting rules and regulations to Islamic standards in order to guarantee the legitimacy of enforceable legal norms in the legal system of the Islamic Republic of Iran. The Shariah supervision ...
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Jurisprudents of the Guardian Council, based on the fourth principle of the Constitution, are responsible for adapting rules and regulations to Islamic standards in order to guarantee the legitimacy of enforceable legal norms in the legal system of the Islamic Republic of Iran. The Shariah supervision of the jurists of this council is monitored a priori based on principles 94 and 95 of the constitution to the enactments of the parliament, that is, before the enactments of the parliament become valid, and to rules posterior based on principle 4, but contrary to the requirements of the ruling spirit of the principle 4, there is no priori supervision of the Guardian Council regarding the regulations to ensure their legality before they become enforceable. the main question of this research is raised about the possibility of prior sharia supervision over regulations and the challenges that exist against it. The findings of this research with the analytical descriptive research method and by referring to the sources and library documents show that previous sharia supervision is possible, but with the expediency of the country's administrative system in relation to some more important approvals within the capacity of the Guardian Council.
International Law
Ahmad Ebrahimi; Amirsaed Vakil
Abstract
Abstract The phenomenon of "match-fixing" today as a modern symbol of corruption in the field of sports has become a transnational and cross-border problem due to its connection with events such as gambling, betting and the role of international organized criminal groups interwoven with it. The spread ...
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Abstract The phenomenon of "match-fixing" today as a modern symbol of corruption in the field of sports has become a transnational and cross-border problem due to its connection with events such as gambling, betting and the role of international organized criminal groups interwoven with it. The spread of this phenomenon has made various sports disciplines, different levels of competitions and different athletes, coaches, referees and competition officials to be involved in it. Therefore, the need to deal with "match-fixing" in a comprehensive and coordinated manner with the help and cooperation of all the stakeholders in the field of sports has been doubled. This The present article first tries to deal with the phenomenology of "match-fixing" and its place in various international documents in a descriptive-analytical method and then provide a more accurate evaluation of the regulations and sanctions of "match-fixing" in order to offer a framework to deal with it more effectively trough identifying and analyzing the legal nature of this phenomenon as a national and transnational issue, especially in the field of international sports law, with the emphasis on its structures including the opinions of the Court of Arbitration for Sport.
Hormoz Yazdani Zunuz; Ali Mashhadi
Abstract
Considering that the administration enjoys the privilege of public power, in judicial supervision, the rule of "the burden of proof rests with claimant" should be adjusted in favor of the plaintiff. Every citizen who files a complaint in the Court of Administrative Justice is not necessarily a claimant, ...
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Considering that the administration enjoys the privilege of public power, in judicial supervision, the rule of "the burden of proof rests with claimant" should be adjusted in favor of the plaintiff. Every citizen who files a complaint in the Court of Administrative Justice is not necessarily a claimant, but may have initially been charged with a violation by the administration. In such cases, the claimant is the administration. Therefore, placing the burden of proof entirely on the shoulders of the citizen will not be proportionate to the purposes of administrative proceeding. The court's decision must include reasoning based on evidence. This research seeks to answer the following questions: In the procedure of the Court, how is the burden of proof distributed between the parties? Also, what is the status of the issued judgments in terms of being reasoned? In this research, a number of the opinions of the branches of Court have been examined. The results show that the burden of proving the claim is heavy on the shoulders of the citizen, and the stages of reasoning based on the evidence does not fully specified in the text of most of the examined opinions.
Public Law
mahdi moradi berelian; Mohammad Ghsem Tangestani
Abstract
In recent years, biomedicine has made great strides, leading to the creation of biobanks as storage facilities for individual samples used in biological research to identify genetic diseases and develop appropriate treatments. However, a key issue in public law is how governments tackle the challenges ...
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In recent years, biomedicine has made great strides, leading to the creation of biobanks as storage facilities for individual samples used in biological research to identify genetic diseases and develop appropriate treatments. However, a key issue in public law is how governments tackle the challenges posed by biobanks and establish necessary regulatory frameworks. Various legal systems have different models of biobank governance, with some passing relevant laws and others adopting self-regulation alongside government regulations. As biobanks continue to expand, a new form of governance is emerging, with biobanks influencing political actions. This article uses the analytical descriptive method and a comparative study to examine how Iran's legal system regulates biobanks and the challenges it faces, such as the lack of a comprehensive act and the multiplicity of regulatory norms and bodies. These characteristics have impacted transparency, efficiency, accountability, and the establishment of definite mechanisms for sample collection, sample access, and data protection.
Public Law
mohammad mihammadigorgani; Javad Yahyazadeh
Abstract
The principle of universality, especially after the Second World War and from its recognition in the Universal Declaration of Human Rights, has gained legal significance in addition to its philosophical aspect. Also constitutionalism as the dominant paradigm in modern public law has faced serious challenges, ...
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The principle of universality, especially after the Second World War and from its recognition in the Universal Declaration of Human Rights, has gained legal significance in addition to its philosophical aspect. Also constitutionalism as the dominant paradigm in modern public law has faced serious challenges, the most important of which are unamendable principles. Therefore, the main question of this article is that, first, what is the relationship between the principle of universality and non-revisable principles in the constitution, and secondly, what is the approach of the constitution of the Islamic Republic of Iran in this regard? The findings of this research based on the normative method and gathering information through a library indicate that the unamendable principles are, in an inevitable way, the historical and logical consequence of the principle of universality of human rights. Also, the scrutiny of the Constitution of the Islamic Republic of Iran in this regard shows that despite the acceptance of some common core elements regarding unamendable principles by the Iranian Constitution, the principle of universality of human rights has not been recognized; What makes it inevitable to revise this principle and move towards transnational constitutionalism.
International Law
Mahdi Mohebirad; Mehryar Dashab
Abstract
Following Qatar's diplomatic crisis in 2017, the UAE implemented a series of measures against Qataris. In response to these measures, Qatar filed an application against the UAE in the ICJ. Qatar cited the violation of the ICERD and claimed racial discrimination based on the national origin of Qataris. ...
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Following Qatar's diplomatic crisis in 2017, the UAE implemented a series of measures against Qataris. In response to these measures, Qatar filed an application against the UAE in the ICJ. Qatar cited the violation of the ICERD and claimed racial discrimination based on the national origin of Qataris. While issuing an order on July 23, 2018, the ICJ concluded that according to Article 22 of the ICERD, it has the primary jurisdiction to deal with the case and that the dispute between the parties was related to the interpretation or application of the Convention. The controversial point was the deviation of the court from its position. In the judgment of February 4, 2021, the ICJ considered Qatar's application out of its jurisdiction. The main question of this research is that what is the relationship between racial discrimination based on "national origin" and discrimination based on "current nationality" according to the ICERD? The studies carried out in the form of descriptive-analytical method show that there were challenges regarding the scope of racial discrimination in the travaux preparatoires and the term "national origin" encompasses "current nationality". The Court's narrow interpretation of the term "national origin" in this case is debatable.
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, ...
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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.
alireza jabbari; Mohammad-Reza Parvin; Shahrouz Shokraie
Abstract
Trade dress, as an examples of non-traditional trademarks, is defined as a product’s total image or overall appearance. To be protectable, trade dress must be nonfunctional. Currently many pharmaceutical companies registered mostly shapes, colors, and color combinations of their pharmaceutical ...
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Trade dress, as an examples of non-traditional trademarks, is defined as a product’s total image or overall appearance. To be protectable, trade dress must be nonfunctional. Currently many pharmaceutical companies registered mostly shapes, colors, and color combinations of their pharmaceutical products as trade dress. However, some national courts invoking the functionality doctrine, have revoked or invalidated the pharmaceutical trade dress for competitive reasons or those associated with patients’ health. This paper seeks to review and compare the legislative approaches adopted by Iran and other countries on the registrability of trade dress in the pharmaceutical field and to examine the capacities of the functionality doctrine to prevent anti-competitive effects and risks related to the patients’ health. The findings indicate that according to Article 32 of the 2007 Iranian Law on Patents, Industrial Designs and Trademarks and Article 105 of the new Industrial Property Parliamentary Plan, it is possible to register trade dress for pharmaceuticals, nevertheless, there is no provision regarding the exclusion of functional features from the scope of trademark protection. Failure to recognize functionality doctrine in the present legislations may have adverse effects on competition and patients’ health. Therefore, it is appropriate to review and amend existing regulations.
International Law
Hojatollah Mansouri; Soheyla Koosha; Mohammadreza Hatami; Hossein Alkajbaf
Abstract
Protecting the rights of women has been a permanent concern of human rights advocates throughout the last two centuries. Attempts led to the recognition of the principle prohibiting gender discrimination in several core human rights instruments and the Convention on the Elimination of All Forms of Discrimination ...
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Protecting the rights of women has been a permanent concern of human rights advocates throughout the last two centuries. Attempts led to the recognition of the principle prohibiting gender discrimination in several core human rights instruments and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). However, reports indicate that many States have not fully adhered to the provisions of CEDAW. It is important to review the basic concepts of gender discrimination and the provisions of the Convention to analyse the feasibility of its implication in societies that have diverse norms. Drawing on qualitative research this article attempts to answer the key question “What is the approach of CEDAW to norms governing different societies and what legal standards do the Islamic Sharia norms require to be considered in municipal legal systems and the context of CEDAW?”. After providing a brief description of fundamental concepts in the field of gender equality, it critically reviews CEDAW and expounds on the quiddity and the causes of its shortcomings. Finally, it deals with the major contradictions between the provisions of CEDAW and the norms prevailing in Islamic societies and tries to propose an Islamic standard in this regard.
International Law
Abdollah Abedini
Abstract
The general principles of law are considered one of the main sources of international law, which have special features such as filling gaps or legal abstractions, as well as creating coherence in the international legal system. These principles are usually taken from domestic legal systems and some others ...
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The general principles of law are considered one of the main sources of international law, which have special features such as filling gaps or legal abstractions, as well as creating coherence in the international legal system. These principles are usually taken from domestic legal systems and some others are specific to the international legal system. In its approach of the last two decades, the International Law Commission has started to examine the sources of international law and has so far concluded the issue of unilateral legal declarations, customary international law, and, (with some tolerance) peremptory norms of general international law. Currently, the issue of general principles and subsidiary means of determining the rules of international law is on the Commission's agenda. Examining Iran's approach in the field of general principles of law forms the subject of this article, so that while monitoring Iran's approach to the course of study of the Commission, the attention of the international law society of Iran will also be drawn to this issue in further researches.
Public Law
Mojtaba Ghasemi; Hasan Johari
Abstract
The ineffectiveness of laws and regulations related to the governance and administration the Social Security Organization and the National Pension Fund is one of the most important causes of the pension crisis in Iran. These laws and regulations have changed the state from a regulator to an interventionist. ...
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The ineffectiveness of laws and regulations related to the governance and administration the Social Security Organization and the National Pension Fund is one of the most important causes of the pension crisis in Iran. These laws and regulations have changed the state from a regulator to an interventionist. The dominance of the state and no recognition of any role for beneficiaries have aggravated the agency problem rooted in the separation of ownership from management. This problem in pension funds appears in a political form in addition to the traditional one. In addition, a lack of transparency and accountability has motivated appointed managers to pursue their personal and political interests rather than beneficiaries'. From the perspective of corporate governance, solving agency problem in pension funds requires strengthening transparency, accountability, and responsibility for managers. Therefore, it is necessary to reform laws and regulations to give more room to the stakeholders in the administration of pension funds. This paper purports to evaluate corporate governance in Iranian pension funds to highlight the existing shortcomings
International Law
maryam hosseinabadi; Seyed Qasem zamani
Abstract
The presence of Non State Armed Groups (NSAGs) in non-international armed conflicts has become a threat to the international peace and security in the last few decades. In this regard, shedding light on the matter of the aforementioned entities' adherence to the rules and regulations of international ...
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The presence of Non State Armed Groups (NSAGs) in non-international armed conflicts has become a threat to the international peace and security in the last few decades. In this regard, shedding light on the matter of the aforementioned entities' adherence to the rules and regulations of international humanitarian law, as a branch of international law regulating armed conflicts, as well as its necessity through examining theoretical foundations proposed in this field of study is of great significance, since the effect of their adherence to the provisions of this field of law as primary rules, is, in turn, reflected in applying secondary rules. On the basis of analogical method and through examining international sources and doctrine, this article aims to shed light on the theories concerning non state armed groups` adherence to the rules of international humanitarian law and its effect on secondary rules with emphasis on the non- international along with internationalized armed conflict in Yemen. It is finally concluded the theory of binding force of IHL on NSAGs due to the exercise of de facto governmental functions may explain the aforementioned entities' commitments to rules in question more clearly.
Public Law
atefeh Moradi Eslami; Mohammad Javad Javid
Abstract
While the principle of "certainty" and "legal security" are known as principles of modern legislation; During the transition to the digital age and post-modernism, due to the necessity of rapid socio-economic developments based on technological progress, the principle of uncertainty, innovation and flexibility ...
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While the principle of "certainty" and "legal security" are known as principles of modern legislation; During the transition to the digital age and post-modernism, due to the necessity of rapid socio-economic developments based on technological progress, the principle of uncertainty, innovation and flexibility is adopted in some international legal documents. It is not an exaggeration to say that legal systems in the postmodern era are redefining the rule of law in the context of institutional dynamics and basic technological developments. In the meantime, the Deleuze school of philosophy deals with the function of law in the new era by proposing the assemblege theory with creative and critical approach and presents a dynamic analysis of the philosophy of law. The present article focuses on the epistemology and sociology of this theory in the eyes of three experts of the totalitarian school, namely Gilles Deleuze, Guattari and Manuel Delanda, and deals with the feasibility of understanding institutional dynamics in the rule of law process.
Mohammad Mohseni Rad; Ali Akbar Gorji Azandariani
Abstract
The concept of "legal system" is a relatively new concept in contemporary jurisprudence and it has little historical background in the legal literature, but in order to analyze it, we must refer to a legal theory. Our primitive concept of the law describes it as a system. However, there is a different ...
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The concept of "legal system" is a relatively new concept in contemporary jurisprudence and it has little historical background in the legal literature, but in order to analyze it, we must refer to a legal theory. Our primitive concept of the law describes it as a system. However, there is a different understanding of such a claim. An accurate conceptual analysis of the legal system determines our approach to the most fundamental issues of the philosophy of law. Determining the exact relationship between morality and the legal system, the fairness of the legal system and the efficiency of the system depend on our knowledge of the legal system. Therefore, the most important question of this paper will be what is the legal system and how can we identify it. This descriptive-analytical paper search to the appropriate concept of the systematic aspect of law. Late positivists, especially Joseph Raz, distinguish the between institutional aspect of the legal norm based on the thesis of "authority" from other aspects of law and make it a point of departure in identifying the legal system. For them, identifying the legal system and its relation to morality is justified according to the institutional thesis of law.
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 ...
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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
Meisam Norouzi; Pouya Berelian; Mehdi Eskandari Khoshgu
Abstract
So far, states' obligations to reduce greenhouse gas production have proved ineffective, and greenhouse gas emissions continue to increase. In such a circumstance, the approach to the legal obligation of states to reduce environmental risks associated with greenhouse gas production must provide a fresh ...
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So far, states' obligations to reduce greenhouse gas production have proved ineffective, and greenhouse gas emissions continue to increase. In such a circumstance, the approach to the legal obligation of states to reduce environmental risks associated with greenhouse gas production must provide a fresh insight into environmental damage, as well as facilitating the exploration of sustainable, ethical, and fair alternatives. It is undeniable that states' actions and the release of greenhouse gases by them will lead to the complete destruction of the earth in terms of environmental pollution and global warming. Consequently, it is essential that a strategy is developed to hold the state accountable for the environmental risks posed by greenhouse gases. Current research focuses on the critical question of what obligation states have to mitigate greenhouse gas emissions in order to counter global climate change, and to what extent are these Obligations legally binding? In light of the answer to this question, we assume that there are specific obligations imposed on states in order to reduce the amount of greenhouse gases produced in comparison to the past in order to achieve the goals of combating global climate change.
International Law
Elham Aminzadeh; mersedeh mazloumi; Amirsaed Vakil
Abstract
Recently, water have become important for the economy and population; therefore, managing of these resources and preserving the environment requires multilateral approaches from states and other international actors. This situation is more complicated when a water source is shared between several states; ...
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Recently, water have become important for the economy and population; therefore, managing of these resources and preserving the environment requires multilateral approaches from states and other international actors. This situation is more complicated when a water source is shared between several states; because the amount of water resources is limited and should be distributed fairly among neighboring states. Because of the optimal management and exploitation of water resources, environment preservation and hydropower development, Germany has been the focus of attention in domestic and cross-border dimensions. The main question is “what is the approach in the German legal documents and practical procedure to deal with the conflicts raised in the field of shared water allocation?” Its solutions can be used in other states to solve the problem of how to distribute shared water between opposite and neighboring states. The solutions are found in the legal documents and its practical procedure, which through analyzing them in an analytical method, the principles of reasonable and fair use, assessment of potential, actual and future needs of states and prevention of damage reserves along with cooperation between states are presented. The maximum amount of service to the whole human society has been inferred.
Public Law
Fardin Moradkhani
Abstract
The constitution is one of the most important concepts in the law. Scholars have made several interpretations of this concept. One of these interpretations is the legal understanding of the constitution, according to which it is the text that is the highest document in the legal system and is protected ...
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The constitution is one of the most important concepts in the law. Scholars have made several interpretations of this concept. One of these interpretations is the legal understanding of the constitution, according to which it is the text that is the highest document in the legal system and is protected by political or legal judges. The political constitution opposes this view, sees the constitution as a battleground for political actors, and intends to remove it from the monopoly of judges and lawyer And in addition to the text, pay attention to the existing reality and the political atmosphere.we using descriptive and analytical methods, we seek to answer the question of what the political constitution means and what changes have taken place since its formation until today. This concept was first presented by John Griffiths. Although the general outlines of this concept were defined by him, the generations after Griffith made changes in this concept with the criticisms that were made on this concept. The political constitution helps to go beyond the text of the constitution, to pay more attention to the reality of the political world, and to allow all actors in the political arena to be present.
Public Law
Ali Reza Nasrollahi; Mostafa Mansourian
Abstract
The detailed domain of public rights has different and even conflicting ambiguities. Looking at the legal and judicial opinions about the realm of public rights and interest, they can be framed in two general and competing approaches. On the one hand, there are opinions that, with the orientation and ...
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The detailed domain of public rights has different and even conflicting ambiguities. Looking at the legal and judicial opinions about the realm of public rights and interest, they can be framed in two general and competing approaches. On the one hand, there are opinions that, with the orientation and priority of narrow interpretation, push the realm of revitalization of public rights towards limitation in times of doubt. On the other hand, there are opinions that believe in the broadness of public law and its inclusion in interpretations and examples with a wider scope. Examining these two approaches due to the existence of many differences of opinions and also the need to provide a methodical platform for understanding, it is necessary to pay attention to the valid interpretation approach of the legal system. Objective purposive interpration as one of the interpretation methods with normative support provides a valid tool for evaluating these two approaches. In this way, the present article examines this question with an analytical method and using library sources: "Which one of the two narrow or broad approaches to the realm of the restoration of public rights and interests is acceptable from the perspective of objectivepurposive interpration
Public Law
seyedeh zahra saeid
Abstract
According to the articles 87 and 133 of the Constitution, president must take investiture vote for his ministers from Islamic Consultative Assembly. If representatives change during government tenure, it must not retake investiture vote for ministers. The vote is taken in individual format and on ministers’ ...
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According to the articles 87 and 133 of the Constitution, president must take investiture vote for his ministers from Islamic Consultative Assembly. If representatives change during government tenure, it must not retake investiture vote for ministers. The vote is taken in individual format and on ministers’ qualifications and resume. In the case that the president fails to take investiture vot, there is no problem for the establishment of the government, it just make the the government form lately and there is no dissolving parliament. The comparasion of the format, political context and the effect of no investiture vote between parliamentary and semi- presidential systems and Islamic republic of Iran shows some differences. In contrast, it seems that the investiture vote in Islamic Republic of Iran is more similar to Appointment Confirmation process in presidential systems. Compatibility of the aforementioned vote in Islamic Republic of Iran with the triple elements in the both legal institutions, proves the above assumption.
Public Law
Ayat Mulaee; Maedeh Soleymani Dinani
Abstract
Although the idea of an unwritten constitution and the identification of this concept can be very challenging and even be used as a tool to circumvent the text of the constitution or as or a template for explaining the nature of political preferences and legitimizing actions that do not have a specific ...
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Although the idea of an unwritten constitution and the identification of this concept can be very challenging and even be used as a tool to circumvent the text of the constitution or as or a template for explaining the nature of political preferences and legitimizing actions that do not have a specific place for explanation in the field of constitutional rights; But dealing with this concept cannot be more dangerous than ignoring. By examining the foundations of the legitimacy in its original origin the boundaries of this concept are defined and the way of any preferential use is taken. If introduce the unwritten constitution as a set of legal rules of the stature of the constitution that are not included in the written text of the constitution and not only do not derive their legitimacy from the text, but also give credibility to the principles contained in the text; This question is raised, where do such rules get their legitimacy? with the descriptive-analytical method and the collection of materials in a library, an attempt has been made to give an appropriate answer to the question by examining the concept of the unwritten constitution and analyzing its foundations in its watershed.
International Law
Milad Haji Esmaeili; Mehrab Darabpour
Abstract
The United Nations Global Compact, with more than 23000 voluntary participants, is the world’s largest corporate citizenship initiative, gathering multinational enterprises (MNEs) under an agreement. The purpose of the compact is to achieve the principles of human rights, labor, environmental, ...
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The United Nations Global Compact, with more than 23000 voluntary participants, is the world’s largest corporate citizenship initiative, gathering multinational enterprises (MNEs) under an agreement. The purpose of the compact is to achieve the principles of human rights, labor, environmental, and anti-corruption in the behavior of multinational enterprises. This compact, which was approved in 2000 by the United Nations Economic and Social Council, differs from other international agreements. In this compact, governments do not have a role in regulating MNEs. The United Nations directly supports MNEs to regulate non-compulsory rules with the tools of dialogue, learning and partnership projects. Such an initiative brought a flood of criticism. (1) Its 10 principles are vague. (2) The Compact supports the capture of the United Nations. (3) The Compact is not accountable. The current article is based on the premise that the requirement for this compact is crucial and (a) vague principles are designed to allow MNEs to provide new solutions, (b) the intervention of MNEs in policymaking leads to the systematization of unwritten and behind-the-scenes policies. (c) The criticism of the non-accountability is due to a lack of understanding of the true nature of the compact.
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 ...
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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.
