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.
