Public Law
Seyed Naser Soltani
Abstract
This research aims to indicate the roots of public law in the Constitutionalism in which the prerequisites for the citizens of the country to participate in public affairs as well as the basis for developing the concept of political participation were provided. This study examines the topic in the works ...
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This research aims to indicate the roots of public law in the Constitutionalism in which the prerequisites for the citizens of the country to participate in public affairs as well as the basis for developing the concept of political participation were provided. This study examines the topic in the works of one of the famous jurists of this era. The concept of political participation should be developed by restricting both claims and obstacles. First, it had to constitutionalize the independent monarchy that it considered the whole country as its absolute property, and then recognized an authority for the public in public affairs, which was previously under the authority of the jurists. Both of these obstacles were removed through the concept of political equality. It was for years that concepts were being prepared in the workshop of Constitutionalism to create equality of humankind. Even a concept like representation was the result and implication of the concept of political equality. Within concepts such as "common house", "thirty crores" and "public affairs", the notion of political equality of the people of the country was developed and with the help of such foundation, thinking about such concepts was made possible. The present paper indicates that the emergence of these concepts was a sign of a fundamental change in the basis of sovereignty and its transfer from the king to the people on the one hand and the establishment of a kind of the public authority on the other hand.
Public Law
Ahmad Taghizadeh; Ahmad Habibnejhad
Abstract
Assignment of the multiple competencies to the "Speaker of the Legislature" in various laws and regulations, and the necessity for his presence in various councils and assemblies, make clear the necessity for his appointment. So, the main question in this article is, what title is applied to the head ...
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Assignment of the multiple competencies to the "Speaker of the Legislature" in various laws and regulations, and the necessity for his presence in various councils and assemblies, make clear the necessity for his appointment. So, the main question in this article is, what title is applied to the head of the legislature? In answer to this question, by using the analytical-descriptive method, it can be said that in the absence of external evidence and in terms of the different qualifications enumerated in different laws for the President of the Islamic Consultative Assembly as well as absurdity of this establishment, these powers are beyond the control of the Majlis and also, given the significant role of the Majlis in the legislative process compared to the role of the Guardian Council and the Expediency Council, it can be said that the title of the legislature is applicable to the "Speaker of the Parliament". If the relation of the head of the legislature with the parliament and its representatives is taken into account, then the Speaker of the parliament would be used and if his/her relation is compared with institutions and authorities outside the parliament, then the term Legislature would be proper to be applied.
Environmental law
Wahid Kowthari; Mostafa Fazaeli
Abstract
IntroductionDespite the abundance of international environmental norms, for various reasons, such as their implementation conflict with the developmental concerns of countries or the lack of consensus at the global level regarding environmental hazards, these norms have not been effective. The GEO-6 ...
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IntroductionDespite the abundance of international environmental norms, for various reasons, such as their implementation conflict with the developmental concerns of countries or the lack of consensus at the global level regarding environmental hazards, these norms have not been effective. The GEO-6 report in 2019 states that without additional policies, the trends in environmental degradation are projected to continue at a rapid rate and neither the Sustainable Development Goal targets nor other internationally agreed environmental goals are expected to be achieved, including the set goals regarding climate change, biodiversity loss, water scarcity, excess nutrient run-off, land degradation and ocean acidification, and so on. The usual procedure in legal research in such cases is to turn the audience's attention to the lack of a sufficient guarantee of these norms, the separation of domestic legal systems from the international, or the absence of necessary criminalization. Without intending to question these conventional legal researches, this essay has tried to take a different path to deal with the challenges related to the "efficacy” or “effectiveness” of such laws with a sociological approach. Generally, having in mind the link between society and law, which is expressed in some famous and proverbial sentences such as "where there is society, there is law (Ubi Societas ibi jus) ", reference to the society and providing a sociological analysis of individuals’ behavior and their reaction to the legal rules in domestic societies or the international community seems useful and even necessary. A sociological look at the factors of the underlying ineffectiveness of environmental norms brings forward theories about environmental sociology and social or economic justice, whose possible role and effects in international environmental law the current research aims to evaluate, with a descriptive-analytical approach and using library research.Research Question(s)An important question that we should seek to answer is why the mass of environmental norms are not as efficient as they should be, and governments, as the main members of the international community, have not shown much interest in employing and implementing them. The fact is that to increase the efficiency of legal norms, it is useful and even necessary to pay attention to the coordination between the rules and regulations and weigh them according to the standards of justice, rationality, social values, freedom, equality, etc. This is what we are trying to demonstrate through the concept of socialization of laws. In examining the effectiveness of laws, the formal legal binding of a rule is not taken into account alone, rather, some cases should be studied through a meta-analysis to analyze the individuals’ behavior towards these norms. the result of such analysis is the effective implementation of legal rules as much as possible. Literature ReviewThe current article deals with the efficacy of environmental norms in an interdisciplinary manner and it has not been yet researched and investigated to the extent of the authors' knowledge. MethodologyAlthough, the efficacy of legal norms is raised after the formation or the identification of them, by observing the executive effects of legal norms and their pathology after their creation or recognition, we pave the way for their possible revision and proposing a reform in the legal system. Therefore, the purpose of this article is not only to look at the establishment of the norms and to examine the effectiveness of environmental sociological theories, but it also examines the behavior of international actors, especially governments, concerning pre-established norms. In this way, the methodology of this research in some parts is “Intrasystem” although it is mostly “Intersystem”; because, beyond the international environmental law system, it considers the role of other regimes. As an Intersystem study, in the framework of the present topic, the researcher is allowed, after observing the degree of realization of the rules in social practice, to review the entire process before and after the formation of the rules until their implementation. ConclusionCurrently, despite the adoption of numerous environmental norms, for various reasons, countries, in general, have not shown much approval towards the implementation of environmental obligations. Two important factors of the inefficacy of these norms are: 1) their conflict with governments’ developmental concerns and, 2)Lack of consensus and sufficient scientific knowledge at the global level.through referring to some sociological theories, the following article seeks to find ways to strengthen environmental norms (at the stage of establishing these environmental norms) and to influence the behavior of governments towards environmental obligations (at the stage of implementing the mentioned norms).This research hypothesizes that by opening the door of international environmental law to some sociological theories and distancing it from others, it would be possible to achieve more efficient and effective environmental norms.
International Law
zahra sadat shareq; Hossein Rezazadeh
Abstract
Seafaring is one of the risky jobs that needs more support and attention from governments and the international community. Human rights apply at sea as they do on land. Since the abuse of human rights at sea is not as tangible as it is on land, it has not received much attention from the international ...
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Seafaring is one of the risky jobs that needs more support and attention from governments and the international community. Human rights apply at sea as they do on land. Since the abuse of human rights at sea is not as tangible as it is on land, it has not received much attention from the international community. However, due to the importance of the role of shipping in international trade and, consequently, the role of seafarers in this industry, this group should be given more attention. Accordingly, international organizations and non-governmental organizations (NGOs) such as ILO (International Labor Organization) pave the way for protecting seafarers' rights by developing international documents.The most important international document by the ILO is the Maritime Labor Convention. The Maritime Labor Convention (2006) is often described as the "Seafarers' Labor Rights Charter". This convention places responsibility on the flag state and the port state as well as the labor supply state.The unfavorable working conditions of seafarers, due to the temporary nature of their work and the lack of effective implementation of domestic and international laws by the flag state, put seafarers in a bad situation. Seafarers' rights depend on where the ship is registered. Examining the policies of the governments that grant convenience flags and paying attention to the cases in which even the seafarers’ basic rights are ignored, it is evident that joining international documents on behalf of these governments is a tool for them to present a positive image in the international community.On one hand, lack of implementation of a monitoring mechanism on seafarers' rights and international agreements and documents leads to the violation of international obligations. On the other hand, the seizure of ships by the coastal states for various reasons and detention of the crews, in a country whose laws are not familiar, may further result in the violation of seafarers' rights. Whereas the expansion of the use of convenience flags places more prominence on the role of the coastal government to enforce the rights of seafarers.The coastal government plays an important role in observing the rights of seafarers based on the Convention on the Law of the Sea, the Maritime Labor Convention, and the Tokyo and Paris Memorandum. In addition, for the effective implementation of seafarers' rights, there are international organizations such as FAO, IMO, and ILO that aid in this path, in addition to better and more cooperation with non-governmental organizations such as the "Human Rights at Sea".Obviously, rights have a limited value if it is not implemented in practice. So how can seafarers guarantee the implementation of their rights? Or in case of violation, how is it possible to compensate? As said before, the rights of seafarers are described in international conventions and treaties, the ILO conventions allow seafarers to learn about their rights and encourage the government to implement laws and regulations to protect them, but the mentioned documents lack a guarantee to oblige governments to implement them and so, there is no monitoring and reporting mechanism for human rights violations at sea. The monitoring mechanism should be available for the crew to sue the violation of their human rights.It seems that the establishment of competent maritime courts and the possibility of access to these courts can guarantee the observance of seafarers' rights. Although the establishment of competent courts is an important step in promoting respect for human rights, the establishment of competent courts will not be effective without experts who are familiar with the rules of international law and the law of the seas. There is hope that the establishment of the Maritime Court along with the approval of the "Commercial Shipping Law" will improve the respect and enforcement of seafarers' rights in Iran. It is better for the judges and experts of this specialized court to be familiar with the principles and rules of international law of the seas and other branches related to international law, including human rights. In other words, the establishment of courts with exclusive jurisdiction and the presence of judges and legal experts with sufficient knowledge in the field of international law of the seas and familiarity with the principles and rules of international law can have a significant impact on protecting the rights of seafarers. In this paper, we use the descriptive-analytical method and library resources as well as electronic resources such as books, articles, theses, and official conferences related to the subject (regional and international) in Persian and English languages.
Public Law
Hasanali Moazenzadegan; Seyed Mohammad Hosseini; Abdulqodus Arseen
Abstract
1. IntroductionA judge or a judicial system, that is not independent and is influenced by different factors is, unable of establishing justice; he/she is also unable to protect the rights and individual freedoms of people which calls into question the existential philosophy of that judicial system. People's ...
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1. IntroductionA judge or a judicial system, that is not independent and is influenced by different factors is, unable of establishing justice; he/she is also unable to protect the rights and individual freedoms of people which calls into question the existential philosophy of that judicial system. People's lack of trust in the judicial system leads to a decrease in the legitimacy of the political system which causes political and social crises and at higher levels, the collapse of the political system. Based on the principle of separation of powers, which has been one of the most important intellectual achievements of mankind in social administration, the power of the government is separated and divided into the three branches of legislative, judiciary, and executive organs (although they maintain their interaction), in order to prevent the concentration of power in one person or institution. Judicial independence is, therefore, one of the logical results of accepting the principle of separation of powers, the origin of which can be found in the era of Aristotle. Today, this principle is considered one of the most important principles and, in fact, the cornerstone of democratic governments–a form of government that seems better able to provide justice than other forms of government. The Principle of Judicial Independence in International Documents and the Legal System of AfghanistanOne of the results of accepting the principle of separation of powers, as mentioned earlier, is the acceptance of the principle of judicial independence. This principle has been discussed and supported in international and regional documents. In Afghanistan, for the first time during the reign of Amanullah Khan, it was recognized in Article 53 of the Constitution of Afghanistan (1923) by stating that "all courts are free from any interference". In the Constitution of the Islamic Republic of Afghanistan (2004), there is no clarity about accepting the principle of separation of powers. But from its general structure and its division of chapters –the fourth chapter (government) the fifth chapter (the National Council) and the seventh chapter (Judiciary) it is inferred that this principle is accepted. Judicial independence is also explicitly accepted in Article 116: "The judiciary is the independent pillar of the government of the Islamic Republic of Afghanistan". Research ProblemIn Afghanistan, in recent years, several criminal cases have resulted in decisions that raised questions about the status and position of judicial independence in the judicial system of the Islamic Republic of Afghanistan: Do judges and the judicial system of Afghanistan act independently? History of Research and Its MethodAlthough much research has been done about judicial independence in the world, it has received less attention in Afghanistan which is perhaps the reason why Afghan legal writers have made fewer claims about the strength or weakness of judicial independence in Afghanistan based on evidence. Therefore, evidence-based research about judicial independence, in which the personal judgment of the authors is minimized, is one of the needs of Afghan society. The main question of this essay is regarding the status of judicial independence, as one of the most important pillars of good governance, in the legal system of the Islamic Republic of Afghanistan.Judicial independence can be studied at both organizational and individual levels. At the organizational level, it is indicated by a look at factors such as the recognition of the independence of the judiciary in the constitution and other laws, the exclusivity of judicial authority in the judiciary, the binding nature of the rulings of the judiciary on other organs, administrative independence, and finally, its financial independence. Also, to evaluate individual judicial independence, one should consider indicators such as the process of selecting and appointing judges, job security of judges, prohibition of engaging in political and other duties for the judges, prescribing objective conditions for their promotion and demotion, documentation of judicial decisions, establishing a judicial panel in court, judicial immunity, the salaries of judges and finally their safety and security. Conclusion The results of this study show that in Afghanistan during the republic period, at the organizational level, while the independence of the judiciary was recognized in the constitution and other laws of the country, the exclusion of jurisdiction in the judiciary was not desirable. The rulings of the judiciary were not so binding on other organs which had damaged its independence. Administrative independence was also weak, but financial independence was in a good condition. At the individual level, the selection and appointment of judges was not suitable, but the job security of judges had been relatively good as the mechanism of hiring judges was in a good situation that ensured their job security to a large extent. The guarantee of the prohibition of their employment in political duties was weak, but in other duties, the ban had been appropriately executed. Also, while the prescription of objective criteria for the promotion and demotion of judges was very bad, the judicial decisions were documented and the judicial boards were established in proceedings. Judicial immunity had been realized incompletely, judges' salaries were assessed as appropriate but their safety and security had been inadequate. In general, judicial independence in Afghanistan was weak which, according to the authors, had caused people's distrust in the judicial system and as a result, a decrease in the legitimacy of the republican system. This can be considered one of the factors for the fall of the Islamic Republic of Afghanistan.
Mehdi Zahedi; shirin sharifzadeh
Abstract
Freedom of expression includes the freedom to express, access and dissemination of information, whereas copyright, by protecting the original works of authorship, restricts use, access and dissemination of the protected works. When an expression is protected by copyright, freedom of expression or press ...
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Freedom of expression includes the freedom to express, access and dissemination of information, whereas copyright, by protecting the original works of authorship, restricts use, access and dissemination of the protected works. When an expression is protected by copyright, freedom of expression or press can be restricted. Some are of the opinion that these two rights are, in fact, not in conflict with each other but rather derived from the same social values seeking to protect each right. Common goals such as flow of cultural ideas or promoting creativity in the society causes interaction and synergy between the two. Idea-expression dichotomy by determining the scope of the copyright and distinguishing what belongs to the public domain, which is not a protected, will ensure a constructive interaction between the two and protects the public interest and dose not restrict freedom of expression. This article will discuss how to strike a balance between the public interest in freedom of expression and the private interests of the copyright owners without undermining the other. Idea-expression dichotomy as a counterbalance between these two rights is the cornerstone of this article.
Public Law
Mohammad Javad Javid; Qudsia Frotan
Abstract
IntroductionPeace, as a human right, has been the aspiration of the Afghan people for over four decades, as Afghanistan has been enduring war. However, achieving sustainable peace is not possible without inclusivity, especially with the participation of women, as peace is based on the principles of ...
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IntroductionPeace, as a human right, has been the aspiration of the Afghan people for over four decades, as Afghanistan has been enduring war. However, achieving sustainable peace is not possible without inclusivity, especially with the participation of women, as peace is based on the principles of equality and brotherhood, and its realization is only possible through collective engagement. Afghanistan, apart from the post-Taliban era, has always witnessed the dominion of oppressive and discriminatory ideologies and structures, which have led to numerous conflicts. Wherever there is oppression, there will consequently be.Research QuestionThis article seeks to identify how women can contribute to the realization of sustainable peace in Afghanistan. Therefore, it is based on the hypothesis that by recognizing the official and unofficial role of women in various public domains, sustainable peace is achievable. In peace, the structures and situations that lead to conflict are dismantled.Literature Review Regarding the role of women in achieving sustainable peace in the public legal system of Afghanistan, no work has been done in Afghanistan yet. However, considering the rapid developments that have taken place in the field of peace in Afghanistan, during my research, a significant number of studies have been conducted. Among these, there is the valuable research report titled "Women's Participation in the Peace Process in Afghanistan (A Case Study)". Another valuable work on this subject has been published by Dr. Omar Sadr under the title "Peace Processes in Afghanistan: People’s Perspectives", published by the Afghanistan Strategic Studies Institute. Another valuable article by Dr. Anahita Saifi, titled "Women, Peace, and Security in Afghanistan from the Perspective of the UN Security Council," was written in 2019. In this article, she examines the role of women in the peace-making process based on Resolution 1325 and the National Action Plan for Afghan Women, as well as the role of international institutions and women's participation in this process. Another valuable book, written by Mohammad Amin Ahmadi, who was also a member of the Afghan peace negotiating team, is titled "Peace in Afghanistan: The Struggle between the Republic and the Emirate."This book covers topics such as avoiding war, defending the republic and parliamentary democracy, a comparative study of the republican constitution and the emirate constitution, defending human rights within the framework of Islamic constitutional law, peace experiences and techniques, and finally, the legitimacy and sustainability of peace. This article has explored new horizons by, firstly directly addressing the issue of peace while considering the Afghan public legal system, and secondly, by being written concurrently with the latest news of peace negotiations and the confrontation between the Taliban and the Afghan government before the fall of Kabul, and referring to many recent meetings and events for the first time. Hence, it can claim to be new and original in its subject. Alongside that, our outlook on peace in this article is about sustainable peace that goes beyond ending war and conflicts and focuses on good governance and empowerment. This aspect has not been paid attention to in previous articles and sources.MethodologyThis article aims to contribute to increasing knowledge in the field of sustainable peace, with an emphasis on the role of women. In practical terms, it aims to assist in the current situation of Afghanistan which is on the brink of new developments in its political system, and provide a practical response to women's concerns arising from the Taliban's return to power in Afghanistan, as well as to strengthen the discourse on the role of women in achieving sustainable peace in Afghanistan and help guarantee women's rights as a vulnerable part of the country. This research has been conducted with a descriptive-analytical method.ResultNot until the social and cultural infrastructure is fundamentally reformed will top-down reforms to enforce the empowerment of women and project-based plans to increase their contribution in society achieve the desired result. DiscussionThe analyses in this article prove that the mechanism for achieving peace in post-war Afghanistan has been vertical (from top to bottom), and there have been significant international legal documents and domestic laws based on which many institutions and organizations have been created. However, what has prevented the realization of the goals set to achieve peace in Afghanistan are the structural and cultural problems in this area that have hindered women's participation in the desired positions.Therefore, to achieve peace, the structures and conditions that cause conflict must be eliminated. Moreover, to achieve sustainable peace, we need a structural reform that includes the participation of everyone, regardless of gender and ethnicity, as well as a cultural reform that supports political inclusivity. of the absence of peace in the current situation is evidence that, due to the lack of appropriate conditions for the participation of all Afghan citizens, especially women, the peace process has reached an impasse. ConclusionTo conclude, although the political system in Afghanistan after the war is defined as a modern and democratic system, its foundation is still the traditional and outdated national and tribal culture that has prevented the engagement of ethnic and social minorities and women in the body of the system as official actors. Therefore, women's struggles in recent years have primarily focused on reforming these structures and breaking down traditional anti-women structures, and because of the obstacles in front of their official actions to achieve sustainable peace, most of their efforts have been carried out through informal channels.
Amirsaed Vakil; Hessam Norouzpour
Abstract
Internet Multi-stakeholder governance is the latest achievement of the legal doctrine on how to regulate the rules governing the Internet (as a clear indication of the cyberspace). After the first World Summit on the Information Society (WSIS) which was held in 2003, and faced with the acceptance of ...
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Internet Multi-stakeholder governance is the latest achievement of the legal doctrine on how to regulate the rules governing the Internet (as a clear indication of the cyberspace). After the first World Summit on the Information Society (WSIS) which was held in 2003, and faced with the acceptance of governments and other stakeholders in the cyber space, it draw serious attention and became operational. In fact, the promoters of this form of global governance are striving using the common concepts and rules of international law to organize the field which unlike the classic international law its only active actors are not the governments, and to some extent, international organizations and this time, other stakeholders such as social groups (individuals) and companies have a major role and influence. This paper uses an analytical-descriptive method to study the role and effectiveness of each stakeholders in the future of internet governance and the context, implications of applicable international law in this area, such as soft law, related international organizations and, finally, its existing problems and disadvantages.
Bozorgmehr Bashiriyeh; Firouz Mahmoudi Janaki; Ardebili Mohammad Ali; Moeini Alamdari Jahangir
Abstract
"A Theory of Justice" is a project in the Kantian school by John Rawls, the twentieth-century philosopher. The "Veil of Ignorance" is one of the prominent notions of his theory of justice, which is born in another abstract concept as the "Original Position". Rawls seeks to establish fairness or impartiality ...
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"A Theory of Justice" is a project in the Kantian school by John Rawls, the twentieth-century philosopher. The "Veil of Ignorance" is one of the prominent notions of his theory of justice, which is born in another abstract concept as the "Original Position". Rawls seeks to establish fairness or impartiality in the laws and administration of society by using such a tool. The present article has tried descriptively and analytically to emphasize the capacity of applying the theory of veil of ignorance in criminal law by applying this doctrine. Finally, the writing of this article demonstrates that an applied approach to Rawls' explanatory model can lead to a better understanding of the legal principles and rules of a legal system (descriptively), and to the extent that the theory is immune from subjectivity, it may criticize criminal justice and its rules.
Niloofar Saeedi; Pouria Askary
Abstract
Sometimes foreign investors after the dispute have arisen or when it is predictable and with the intention of bringing the dispute to arbitration, change their nationality or acquire new nationality. The phenomenon called Nationality Planning eases foreign investors’ access to a desirable treaty ...
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Sometimes foreign investors after the dispute have arisen or when it is predictable and with the intention of bringing the dispute to arbitration, change their nationality or acquire new nationality. The phenomenon called Nationality Planning eases foreign investors’ access to a desirable treaty and increases the chance of bringing disputes against host states.So host states try to avoid these disputes by raising objections to Ratione Temporis or claiming abuse of rights. Arbitration tribunals’ approach towards their Ratione Temporis and abuse of rights is material in host states’ success in limiting Nationality Planning. So the question to be answered is that what requirements are considered by arbitrations in determining Ratione Temporis and abuse of rights and how these two are different. Arbitral precedent shows that these tribunals make distinction between cases of nationality planning contrary to their Ratione Temporis and cases that are considered as abuse of rights. However, in practice their strict approach results in limited acceptation of objections to Ratione Temporis or abuse of rights claims.
Public Law
Seyed Mojtaba Vaezi; Malihe Masoudi
Abstract
Since the state responsibility refers to the accountability of the state to individuals, its nature relies more than anything on the nature of the relationship between individuals and the state. Given the Rousseau’s relying upon modern subjectivity, this relationship has entered into a new phase ...
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Since the state responsibility refers to the accountability of the state to individuals, its nature relies more than anything on the nature of the relationship between individuals and the state. Given the Rousseau’s relying upon modern subjectivity, this relationship has entered into a new phase which is different from the former outlooks especially that of Hobbes. Adopting an analytical approach, this article deals with the question, "what does Rousseau's approach to the relationship between individuals and the state imply about the concept of state responsibility?" This essay concludes that due to Rousseau's perspective about the unity of state and individuals, basically there is no duality which holds one responsible against the other and the responsibility of states to individuals is equal to one’s responsibility toward itself.
Public Law
Morvarid Ahouri; Mohammad Hashemi; Maghsood Ranjbar
Abstract
The approach of liberal and Marxist thinkers, as the two dominant ideas in the twentieth century on freedom, shows their worldview on the issue of freedom and fundamental rights of individuals. The question is, which theories liberals and Marxists hold on the concept of freedom which was gained based ...
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The approach of liberal and Marxist thinkers, as the two dominant ideas in the twentieth century on freedom, shows their worldview on the issue of freedom and fundamental rights of individuals. The question is, which theories liberals and Marxists hold on the concept of freedom which was gained based on historical experience over the past century? Also, to what extent, are their views towards individual rights and freedoms of their citizens and recognition of these rights and freedoms in practice different from each other?! In Berlin's view, Liberals conception of freedom is negative as opposed to Marxists which is a positive conception. Having considered the historical experiences and Marxists and liberals’ views in the last century, it seems that what guarantees the free will and constitutional liberties of individuals is the negative conception of freedom while the positive conception of freedom could lead to denial of free will and ultimately tyranny. Therefore, the main purpose of this article is to study, compare and determine the status of freedom (especially the common interpretation such as negative freedom and positive freedom) in comparison with the principles and rules governing the two political ideas of liberalism and Marxism.
Abbas Kazemi Najaf Abadi; Alireza Ghafari
Abstract
The country’'s oil industry, despite having over a hundred years of experience in oil production and trade, is still unable to carry out activities in an endogenous manner and to exploit local potentials in all operational and executional sectors. One of the most important sectors of the country’'s ...
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The country’'s oil industry, despite having over a hundred years of experience in oil production and trade, is still unable to carry out activities in an endogenous manner and to exploit local potentials in all operational and executional sectors. One of the most important sectors of the country’'s oil industry, which continues to be significantly dependent to overseas, is the procurement part of the industry in the upstream sector. Considering the importance of national production of oil and gas equipment in upstream sector, this survey is trying to answer whether the oil legislation law sources support the oil industry in the production of these equipment properly and proportionately? To answer this question, this research has extracted standard measures on the basis of a conceptual framework and through the experts’ viewpoints, and after clarifying the existing legislative sources, has come to evaluate the oil legislation law sources in this regard. The results show that the main oil laws of the country and the laws regarding the requirement of internal share towards the extracted standards are neglected and the statutory laws of the National Iranian Oil Company also provide poor support for the construction of the mentioned equipment.
Public Law
Hassan Hamzehloei; Maghsood Ranjbar; Mohammad Taghi Dashty
Abstract
By recognizing the inherent duality of private law and public law, each domain has been allocated its distinct territory. Despite the relative and interconnected nature of these realms, the application of public law within its designated territory is essential due to its specific role, functions, and ...
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By recognizing the inherent duality of private law and public law, each domain has been allocated its distinct territory. Despite the relative and interconnected nature of these realms, the application of public law within its designated territory is essential due to its specific role, functions, and methodologies. Throughout history, fundamental rights (public laws) have governed the relationship between the government and its citizens, while private rights (civil laws) have governed the interactions between individuals. This demarcation of territories is not exclusive to Iran; numerous countries worldwide have embraced this division, leading to significant substantive and procedural implications.Notably, in recent years, Iran has witnessed a notable expansion of the public law domain within its legal system, which has raised concerns about its extent. This expansion can be attributed to several underlying reasons. One primary factor is the inadequacy and limitations of existing private law regulations in resolving societal issues. Consequently, legislators are compelled to address private law matters by formulating solutions based on public law principles, inadvertently diverting the core problem into the realm of public law. This practice, however, fails to address the root causes and restricts the available solutions to those provided by public law. As a result, the practical scope of public law expands beyond its intended boundaries. The excessive and multifaceted growth of public law can have far-reaching detrimental effects.Thus, the central question emerges: What potential harm can the development of public law inflict on citizens' rights, and what are the driving forces behind this expansion in Iran? This research posits that the government's inclination towards exercising authority, excessive interventions in social and economic matters, undervaluing of liberal principles, a tendency to resort to public law in ambiguous cases, and the adaptable nature of public law methods are among the contributing factors to the widening scope of public law. Moreover, the duality of influences on Iran's public law system—Western legal traditions and Shia jurisprudence—has led to its distinct development. Some facets of Iran's public law draw inspiration from Western legal systems, while others find their origins in Shia legal doctrines.It is worth noting that Iran's legal system is bound by Article 4 of the Constitution, which mandates the utilization of Sharia rulings and adherence to Islamic standards in all laws and regulations. This requirement, however, diverges from Western legal systems where such a mandate is not observed.The realm of public law has undergone extensive development, permeating even the most intimate legal issues. Notable examples of this expansion include the broadening of public law in labor law, characterized by significant government interventions in the field. Similarly, the realm of public law has made significant strides in business law, and its influence has extended to matters concerning property rights. The objective of this research is to contribute to the advancement of public law in Iran by conducting a comprehensive analysis of its benefits and drawbacks through a systematic examination of its expansion.To fulfill this objective, we delve into the causes and factors behind the development of the public law realm, providing noteworthy examples that illustrate its expansion. The research findings establish the undeniable separation of the realms of private and public rights, despite ongoing debates regarding their differentiation. In practice, even legal systems that advocate for the unity of public and private law demonstrate a distinct educational system for public law. By acknowledging the distinction between public law and private law, while acknowledging the inherent difficulty in delineating these realms in certain cases, each legal field can be allocated its designated sphere.In recent years, there has been a notable surge in the expansion and growth of the public law realm. Numerous issues that were traditionally and conventionally within the purview of private law have now either entirely or to a significant extent fallen under the domain of public law.
Public Law
Mohammad Bahadori Jahromi; Hamid Feli; Mahdi Ebrahimi
Abstract
IntroductionThe Constitution of the Islamic Republic of Iran, particularly Principle (4), puts the emphasis on upholding Islamic standards in all legal norms. However, a priori sharia supervision over parliamentary approvals shall be exercised by the faqihs (Islamic jurists) of the Guardian Council ...
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IntroductionThe Constitution of the Islamic Republic of Iran, particularly Principle (4), puts the emphasis on upholding Islamic standards in all legal norms. However, a priori sharia supervision over parliamentary approvals shall be exercised by the faqihs (Islamic jurists) of the Guardian Council concerning the specific laws outlined in Principles (94), (95), and (96) of the Constitution. Other approvals, notably the regulations specified in Principle (4), lack constitutional provision. To ensure optimal implementation of Principle (4), there is a need for an effective mechanism that can guarantee adherence to Sharia standards in regulations. The current Sharia-based supervision mechanism is executed through the Court of Administrative Justice, but this approach has several shortcomings. First, it does not ensure Sharia compliance for all regulations since it is not comprehensive, only addressing the contested aspect of regulations. Moreover, regulations may possess significant importance based on inclusion, hierarchy of legal norms, authority level, and their impact on citizens’ rights and duties, leading to prolonged violations of citizens’ rights even when there are no complaints. In this respect, the present research aimed to examine the feasibility of establishing a mechanism for a priori Sharia supervision over key regulations, addressing the challenges associated with its implementation. The study is based on the hypothesis that there are factors favoring a priori Sharia supervision over other types of monitoring when it comes to some aspects of regulations. Although most challenges are manageable, certain challenges make it both desirable and achievable to implement such a mechanism. Literature ReviewThe literature has offered solutions, suggesting the mandatory submission of government regulations and approvals from the Supreme Council of Cultural Revolution to the Guardian Council before their implementation—which can ensure supervision over regulations from both a Sharia and constitutional perspective (e.g., Amjadian, 2012; Haji Ali Khamseh et al., 2021). Another proposed solution involves the establishment of boards specialized in Islamic jurisprudence and legal matters, overseen by the Guardian Council faqihs tasked with proactive monitoring subsequent to the enactment of regulations (Fe’li, 2020). The novelty of the present study lies in its detailed analysis of the feasibility and challenges associated with a priori Sharia supervision over regulations. Materials and MethodsThe study relied on a descriptive–analytical method, using library research to collect and analyze the data. Results and DiscussionA priori Sharia supervision over regulations can viably be applied after the regulations are approved and before they take effect—similar to the supervision over Majlis approvals. A priori Sharia supervision is more aligned with the objective of Principle (4) of the Constitution, so it is favored over other forms of supervision, especially retrospective supervision. Furthermore, it is essential that Sharia-based supervision be applied in advance or a priori to the implementation, at least for critical regulations that are not subject to appeal in the Court of Administrative Justice. Moreover, for the sake of legal security of citizens and the prevention of rights violations, a priori supervision is preferable over alternative types of monitoring because it is difficult to claim and restore the rights of citizens that might have been infringed upon in the past, especially if regulations are retroactively annulled long after their implementation. ConclusionThe challenges related to the principles of continuity and acceleration in delivering public services do not pose a significant obstacle to a priori Sharia supervision because it is feasible to set a deadline for expressing opinions and the Guardian Council faqihs have opinions aimed at guaranteeing these principles. Furthermore, certain regulations that are not allowed to be delayed in their approval and implementation can exceptionally be subjected to Sharia supervision outside a priori Sharia supervision mechanism. It is plausible that the structure and organization of the Guardian Council may not be entirely conducive or equipped to implement such a mechanism, given the unique responsibilities of the faqihs. However, it can be limited to a priori Sharia supervision of critical regulations, and it is not challenging as such, given the reforms aimed at reducing the Court of Administrative Justice’s inquiries from the Council (e.g., the ability to refer to the procedure of the Council’s faqihs in similar cases), and a comprehensive revision of the Council’s organization to lay the ground for a priori Sharia supervision. Additionally, the Head of the Judiciary and the President of the Court can notify the Guardian Council faqihs of cases conflicting with Sharia in order to eliminate the structural defects of the Guardian Council that render it incompatible with supervising important regulations. It is worth noting that Note (1) of Article (87) of the Law of the Court of Administrative Justice (1402/2023) also lays the groundwork for establishing a suitable structure for Sharia supervision over regulations.
International Law
Seyed Hossein Malakooti Hashjin; Nasim Soleymani nejad; Seyed Ali Mousavi
Abstract
Introduction In today's world, with phenomena such as globalization, rapid changes in the international arena, and their effects on human rights and freedoms, the significance of the internationalization of constitutional laws as a link between the public laws of states and international law is growing ...
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Introduction In today's world, with phenomena such as globalization, rapid changes in the international arena, and their effects on human rights and freedoms, the significance of the internationalization of constitutional laws as a link between the public laws of states and international law is growing daily. Initially, constitutions were primarily considered as national documents confined within a country's borders. However, this perspective no longer holds in the era of globalization. constitutional rights, as a subset of public rights, are no exception. Nevertheless, the internationalization of constitutional laws continues to face numerous challenges and raises many controversies. For instance, if a domestic constitution is influenced by international law, it might undergo substantial changes. This process reflects that national constitutions are essentially part of a broader international legal framework. The inclusion of human rights in domestic constitutions, the increase in the convergence between national and international constitutions, and the alignment of the legal systems with the global market all contribute to the internationalization of constitutions. Furthermore, in entities like the European Union, internationalization occurs partially or regionally which forms the legal framework for the member states. Additionally, focusing on shared ideological principles among governments can lead to the transnationalization of certain constitutional principles. This not only serves to hold governments accountable but also allows for a comparative assessment of judicial practices concerning common issues. In general, the internationalization of constitutional laws can be viewed as a tool to curb the political powers of the government and officials within the framework of harmonized and effective legal principles. This article introduces and explores different facets of this process. Research Questions What are the opportunities and challenges before the internationalization of constitutional laws?What sets the ground for the creation and the status of cross-border principles, and what is their impact on national constitutions? Literature ReviewIn delving into the research background on the internationalization of constitutional laws, it is pertinent to consider factors such as governments' accession to documents related to or containing provisions on international human rights and the shifts in the global legal atmosphere. These steps signify changes in the global legal thinking that play a role in shaping the constitutions of nations. The influence of regional organizations like the European Union in instigating changes in the constitutional laws of member states is also noteworthy. These regional interactions can directly affect the constitutional laws of member states in economic, legal, and political aspects. In this context, many articles have examined the intricate interplay between the Constitution, international law, and global governance[1], as well as the potential for the internationalization of constitutions in different countries through adherence to international documents.[2] However, few sources have tackled the existing challenges and the future prospects. Methodology This research is fundamental research, employing a library-based method to collect and review data from documents, books, writings, articles, and foreign sources. In terms of research methodology, this study follows a non-comparative approach wherein it first delves into the factors and the driving forces behind the shift toward internationalization of fundamental laws, the second part focuses on delineating and explaining partial or regional internationalization and the associated challenges, and finally, the third part presents the outlook of this initiative. ConclusionThis research aims to provide an in-depth understanding of the role of international human rights in national constitutions and the extent to which governments adhere to these documents. It also seeks to elucidate the impact of changes in global legal thinking on the constitutional frameworks of countries and their alignment with international law. The study investigates the role of regional organizations such as the European Union in promoting and facilitating the internationalization of constitutional laws in specific regions and how they affect the methods for adapting and formulating constitutional laws. In conclusion, the study finds that firstly, despite the debates among legal scholars, transnational principles are not always universally applicable, sometimes they are specific to particular geographical regions or their religious beliefs. furthermore, these principles allow oversight of governments and dual control through the application of binding domestic and international mechanisms. additionally, they enable a comparative examination of the judicial practices across different countries on common issues. In conclusion, the essay provides that the internationalization of constitutional laws can serve as a tool to underpin the restraint of political powers within the framework of harmonious and effective legal principles. [1]. Vicki C. Jackson, Paradigms of Public Law: Transnational Constitutional Values and Democratic Challenges, International Journal of Constitutional Law, (2010) 8.[2]. Wen-Chen Chang, ‘An Isolated Nation with Global-minded Citizens: Bottom-up Transnational Constitutionalism in Taiwan, National Taiwan University Law Review, (2009) 4(3).
Public Law
seyedeh zahra saeid
Abstract
1. IntroductionThe president’s interpellation before the Islamic Consultative Assembly (ICA), set in the Constitutional law of the Islamic Republic of Iran, has been a challenge. The cause of the challenge is the contrast between the 2nd clause of Article 89 of the Constitution and Article 114 ...
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1. IntroductionThe president’s interpellation before the Islamic Consultative Assembly (ICA), set in the Constitutional law of the Islamic Republic of Iran, has been a challenge. The cause of the challenge is the contrast between the 2nd clause of Article 89 of the Constitution and Article 114 of the Constitution. Article 89 says: “In the event that at least one-third of the members of the Islamic Consultative Assembly interpellate the President concerning his responsibilities for leadership of the executive power and managing the executive affairs of the country, the President must present himself to the Assembly within one month after the submission of the interpellation and to give adequate explanations regarding the matters raised. After hearing the statements of the opposing and favoring members and the reply of the President, if two-thirds of the members of the Assembly vote for his incompetency, the vote will be communicated to the Supreme Leader for implementation of Article 110(10)”. Article 114 holds: “The President is elected for a four-year term by the direct vote of the people. His re-election for a successive term is permissible only once”In other words, The main cause of the challenge is the appointment of the president through elections and the lack of any power by the Islamic Consultative Assembly in this regard. The current presumption among the legal society is that interpellation would be applied to an authority that is elected by the ICA. Although the current presumption is relatively true, what has been neglected during these years is that in fact, the interpellation of the president in the Constitution of the Islamic Republic of Iran is impeachment in a different, unique concept. Discussion In some political systems, the president would be removed by legislative assemblies by means of impeachment. Comparing the elements of the term impeachment with the elements of interpellation proves the above claim. Hence, comparing the two elements of their grounds and their procedures are notable.in the draft of the Constitution, a two-stage procedure for the removal of the president was set, but after the enactment of the Constitution, two different one-stage procedures were created. One procedure would be run by the Islamic Consultative Assembly, and the other would be run by the Supreme Court. In fact, two procedures that work together in an impeachment, have been transformed into two independent procedures, both of which leave the final decision-making to the Supreme Leader.ConclusiomThe grounds for the president’s removal have been changed from “treason or conspiracy against national security” in the text of the Constitution to “treason and violation of legal duties” and eventually, to “violation of legal duties” and “lack of qualification”. Lack of qualification and being unfit to continue in office are common concepts among the grounds of impeachment in different political systems. lack of qualifications, incapability in doing his executive duties, or ineptitude in executive management in the text of the Constitution of the Islamic Republic of Iran are the instances of the general notion of “being unqualified unfit”. Both concepts of “lack of qualification” and “violation of legal duties” are incorporated in the general notion of unfitness in the legal and political literature of the Islamic Republic of Iran and are equal to impeachment in other systems; However, interpellation is often based on political reasons. Since the causes and the grounds of the president’s removal are enumerated in the Constitution, we can conclude that the nature of presidential removal in the Constitution is impeachment, but its title is interpellation.Thus, some clarification and some reforms are required by amending the Constitution. Before any constitutional amendment, the nature of the interpellation of the president and its elements should be explained by the legal society. It may prevent this oversight tool to become a reason to remove the president based on political disagreements and may regulate and restrict the oversight tool to only clear legal grounds. This may, in the future, be the inspiration to possibly omit or add to the grounds for presidential removal in the constitutional amendment. According to the current laws and regulations, the procedure of presidential removal via Islamic Consultative Assembly is almost clear but the procedure of presidential removal through the Supreme Court is unclear. Again, reforming the procedure of presidential removal and merging the two procedures requires an amendment to the Constitution. Another subject that must be considered is the effect of this presidential removal mechanism and whether, irrespective of the removal from office, there are any other effects and sanctions for the president or not. Another sanction for the president’s incompetency would be exclusion and prohibition from holding any public office which is worthy to be debated and considered for the future.
Mohammad Hossein Zarei; Ayyam Kamarkhani
Abstract
The State in the general sense is competent to make binding decisions to protect the public interest, on behalf of the people in response to the events of social life. One of the issues that governments have responded in the last two centuries in various forms such as lawmaking, adoptions of economic ...
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The State in the general sense is competent to make binding decisions to protect the public interest, on behalf of the people in response to the events of social life. One of the issues that governments have responded in the last two centuries in various forms such as lawmaking, adoptions of economic policies and the issuance of judicial rulings has been economic crises. Given the impact of judicial rulings on resource allocation and the effectiveness of government economic policies and its constructive role in achieving the rule of law, it is important to provide an analysis of the fluctuations and characteristics of judicial rulings in times of significant economic crisis; Therefore, in this article, by examining the rulings of the Court of Administrative Justice during the currency crisis of the 1990s and the current economic crisis in Iran, it is intended to provide an appropriate analysis for the above question. The results of these studies indicate that in times of economic crisis, the performance of the Administrative Court of Justice is very significant and this issue is due to the excessive intervention of executive bodies through overregulation. The Administrative Court of Justice is also negligent for not considering the fact that the occurrence of economic crisis is the main cause of overregulation.
International Law
Mohsen Abdollahi; Seyed Reza Hosseini
Abstract
Introduction The right to self-determination could be applied in situations aiming to prevent crimes against humanity that are subject to the responsibility to protect. Generally, governments that violate the right to self-determination of their people, including minority groups, are more prone to committing ...
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Introduction The right to self-determination could be applied in situations aiming to prevent crimes against humanity that are subject to the responsibility to protect. Generally, governments that violate the right to self-determination of their people, including minority groups, are more prone to committing these heinous crimes. The doctrine of the responsibility to protect seeks to establish a responsible government toward its citizens; The protection aspect of the doctrine has been discussed in this research, which does not necessarily include intervention. Adhering to human rights standards and exercising the right to self-determination in the framework of the responsibility to protect is a foundation to prevent situations that can lead to atrocities and widespread violations of human rights. Thus, this can be considered as the link between the right to self-determination and the responsibility to protect. Literature ReviewThe right to self-determination of people has been an important subject of much legal research as a fundamental principle of international law. On the other hand, the responsibility to protect is also among the attractive topics of international law as a new doctrine. The two notions have been separately discussed by researchers such as Antonio Cassese, Jörg Fisch, Yasmine Nahlawi, and Stacey Henderson.It can be claimed that the subject of this article which is an updated version of the corresponding author’s master’s thesis, is an innovative topic in the international law literature and has not been explored before. MethodologyFirstly, a descriptive research method has been used for this research i.e., the characteristics and aspects of the right to self-determination and the responsibility to protect have been discussed separately. Secondly, based on the legal research method, the governments’ experiences in different situations have been observed to reach the final research result regarding the commonalities of these two notions. ResultsFrom the international law’s point of view, the internal aspect of the right to self-determination is an erga omnes rule, and its external dimension has been accepted as a jus cogens rule.However, it should be noted that a separatist interpretation of the right to self-determination has no place in the current system of international law. International legal doctrines, governments’ stances, and international documents always emphasize on the importance and priority of the principle of territorial integrity. Further, international peace and security requires that separatist interpretations not be supported. ConclusionToday, respecting human rights and, most importantly, the right to self-determination is a global matter and the international community should contribute to its realization. The right to self-determination can be realized indirectly under the doctrine of responsibility to protect. In other words, the right to self-determination can be applied as a means of preventing the occurrence of crimes that are subject to the responsibility to protect doctrine, and in this regard, the international community can assist and take measures and put them on its agenda to ensure the exercise of this right.The responsibility to protect emphasizes the primary responsibility of governments and the international community to assist other countries in carrying out their sovereign duties and only refers to the element of intervention at the last stage. the international community should come to the understanding that non-interventionist measures and international aid to the governments have a fundamental role and importance in supporting people and strengthening them and are to the benefit of international peace and security. The application of the responsibility to protect in Libya and the remedial secession in Kosovo showed how ineffective and destructive under-developed legal theories can be in practice.On the other hand, the doctrine of responsibility to protect suffers from a lack of clear criteria for intervention which is a problem that the international community should take steps to resolve. In many cases, powerful countries, especially the permanent members of the Security Council, apply double standards towards human rights issues. So, in order to prevent similar tragedies and protect the citizens, the international community should set clear and thorough standards regarding human rights issues and make them binding. However, it should be noted that the concept of cultural diversity should be taken into account In the process of formulating standards because, in issues related to human rights, no fixed standard that could be applied to all.
ali Mashhadi; . ranagaini . ranagaini
Abstract
According to article 98 of the Civil Service Management Act of Iran, “the acceptance of foreign citizenship” by staff and executives provided that the Ministry of Foreign Affairs confirmation, will result in termination of their public service. Acceptance of citizenship of a foreign country ...
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According to article 98 of the Civil Service Management Act of Iran, “the acceptance of foreign citizenship” by staff and executives provided that the Ministry of Foreign Affairs confirmation, will result in termination of their public service. Acceptance of citizenship of a foreign country while preserving national citizenship leads to the so-called dual citizenship. Despite the many domestic and international efforts to prevent the state of dual citizenship, there are sometimes people who are "stateless" or have "dual citizenship". In recent years, many legal arguments have been raised about the dual nationality of Iranian political authorities. In this paper, some legal dimensions of this issue have been analyzed and evaluated from the perspective of public law teachings. The basic premise of this article is based on the assumption that the mere existence of two nationalities cannot be undesirable in law, but in the case of the political dual nationality authorities, the legislator must be cautious in setting up employment regulations.
mojtaba Eshraghi Arani
Abstract
The goods shall be subject to customs formalities while crossing national borders in international transportation. The main duty to meet the above formalities lies against the cargo owner which, in deed, is assignable to an agent _ who might be the carrier. However, the carrier itself is obliged to submit ...
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The goods shall be subject to customs formalities while crossing national borders in international transportation. The main duty to meet the above formalities lies against the cargo owner which, in deed, is assignable to an agent _ who might be the carrier. However, the carrier itself is obliged to submit a summary declaration of the total cargo before the customs authorities prior to the cargo unloading. The summary declaration is submitted based on the transport documents so that the governing rules could only be construed in line with the transportation law. The legal basis of summary declaration, the exemption from this duty, the carrier who shall declare, the legal nature of manifest and the remedy of non- compliant declaration are some of the issues that are dealt with in this article. This article is distinct in this respect that it has analyzed a customs legal rule from the perspective of transport law.
Majid Banaei Oskooei; Vida Mirzaei
Abstract
The Council of Money and Credit, as one of the most important components of the central bank of Iran, is responsible for regulating macroeconomic policies of the country’s banking and supervision over banks and financial and credit institutions. In order to carry out its duties, the Council has ...
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The Council of Money and Credit, as one of the most important components of the central bank of Iran, is responsible for regulating macroeconomic policies of the country’s banking and supervision over banks and financial and credit institutions. In order to carry out its duties, the Council has laid down many approvals that are binding on the banking system. However, in some cases, these decisions are in conflict with current laws and regulations or have been outside the scope of the legislative authority of the Council. Hence, there are many questions and ambiguities regarding the position and legal scope of the decisions of the Council of Money and Credit. For instance, are the council’s regulations mandatory for other executive organizations in addition to banks and financial and credit institutions? Otherwise, if the rules are contrary to the Constitution, or the ordinary law, what is the duty of the executors? Given the lack of anticipation of the prior assessment of the above-mentioned approvals, in the course of a dispute and a lawsuit, does the court have a duty to assess and have the right to disregard the effects of such decisions, which have not yet been canceled?
International Law
Alireza Ebrahimgol; Hasan Khosroshahi
Abstract
The International Court of Justice is empowered, under Article 41 of its Statute, to order provisional or interim measures of protection to preserve the respective rights of the party-states pending final judgment on the merits. Through interpreting Article 41, the Court has developed in ...
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The International Court of Justice is empowered, under Article 41 of its Statute, to order provisional or interim measures of protection to preserve the respective rights of the party-states pending final judgment on the merits. Through interpreting Article 41, the Court has developed in its case-law certain requirements for granting requested interim measures. The plausibility of claims is the sixth requirement recently added to the said requirements. The present research assesses the role of plausibility requirement in preservation of international human rights in light of evolution of this requirement in the court’s case law as well as the existing legal doctrine. The study indicates that an inconsistent approach to satisfaction of the plausibility requirement and prejudgment of the substance of the case could harm the transparency and predictability of the procedure governing provisional measures, and undermine such measures as one of the most effective legal mechanisms in preventing the breach of international law.
Public Law
Saeed Shahoseini; Ghodratollah Rahmani
Abstract
One of the terms mentioned in the Iranian Constitution is "Ijtihad". For most jurists, Ijtihad means extracting sharia law from the sources of sharia, which requires mastery of sciences such as Arabic literature, logic, theology, hadith and jurisprudence. But the question that this article seeks to answer ...
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One of the terms mentioned in the Iranian Constitution is "Ijtihad". For most jurists, Ijtihad means extracting sharia law from the sources of sharia, which requires mastery of sciences such as Arabic literature, logic, theology, hadith and jurisprudence. But the question that this article seeks to answer concerns Imam Khomeini’s viewpoint on this matter and its role in choosing successor leader. My basic assumption is that the concept of ijtihad in Imam Khomeini's thought has developed during the years before and after the revolution, and his late thoughts in this case, while having a significant distance from the famous theory, has a great impact in choosing successor leader. Using descriptive-analytical method, we examined the meaning and function of Ijtihad regarding the constitution as well as its definition and requirements in the works of five prominent jurists. Then, we analyzed this concept regarding Imam Khomeini's thought. Finally, we looked at his practice in choosing successor leader and the effects of his late thoughts on that.
Anahita Seifi
Abstract
Immigrants are among the most vulnerable to Coronavirus pandemic conditions due to limited access to health care. Therefore, any action by governments must address the needs of vulnerable groups, including migrant women. Increasing the rate of women's migration; raises concerns about safety, health, ...
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Immigrants are among the most vulnerable to Coronavirus pandemic conditions due to limited access to health care. Therefore, any action by governments must address the needs of vulnerable groups, including migrant women. Increasing the rate of women's migration; raises concerns about safety, health, and wellness issues, and makes it inevitable to pay attention to review existing laws and policies. One of the aims of this article is to study the right to health of immigrant women in Coronavirus crisis situations with a descriptive-analytical approach and seeks to answer the main question: what are the harms caused by the corona pandemic in the field of right to health of immigrant women? The results show that there are major challenges to the right to health of migrant women in the coronavirus pandemic. Indifference to the feminization of immigration leads to the lack of relevant policies and awareness in the countries of origin and host, and the protection of the rights, safety, and mental health of immigrant women in a difficult crisis. paying attention to the complexities of gender and immigration in programs and policies reduces the health costs of immigrant women. Cooperation at the international and national levels by emphasizing the Global Compact on Migration and other international instruments, allocating sufficient resources and empowering migrant women by removing barriers and facilitating access to services can be effective and helpful.
