Public Law Researsh

Abstract 1. Introduction
The term climate inherently implies an inseparable connection between atmospheric conditions and water. Oceans play a critical role in the climate system by absorbing and redistributing carbon, anthropogenic CO₂, and heat, while also exerting a vital influence on the Earth’s water cycle. One of the earliest effects of climate change is atmospheric warming and the rise in average air temperature. The warming triggers a chain of consequences, including increased precipitation, altered storm patterns and ocean currents, changes in river systems, and ultimately sea-level rise, which may even affect maritime boundaries and baselines.
Given the wide-ranging effects of climate change, the U.N. climate regime interacts with numerous institutions and legal frameworks. However, international rules in this field have largely kept obligations at the level of preferences and aspirations rather than creating enforceable commitments. The present study aimed to examine the current situation through a review of international documents and reports, as well as the views of various scholars. It sought to answer the following questions: What ocean-based legal solutions exist for addressing climate change? And are the existing rules sufficient, or do they need to be revised or supplemented with new solutions?
2. Literature Review
Persian-language scholarship offers numerous studies on climate change, but very few address the intersection of climate change and the law of the sea. For example, in their article titled “Climate Change and Changes in the Baseline of Coastal Countries: Solutions and Challenges,” Habibi and Raee-Dehaghi (2020) discussed only the impact of climate change on maritime boundaries. Given the significant role of the oceans, many international works have dealt with this issue, such as the edited volumes The Law of the Sea and Climate Change: Solutions and Constraints (Johansen et al., 2021) and The Environmental Rule of Law for Oceans: Designing Legal Solutions (Platjouwa & Pozdnakova, 2023).
3. Materials and Methods
The present study employed a descriptive–analytical approach and a library research method to collect and analyze data drawn from international documents, books, and relevant articles.
4. Results and Discussion
The 1982 United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention, was negotiated at a time when climate change had not yet emerged as a major issue in international environmental law. Nevertheless, Part XII of the Convention is applicable to greenhouse gas emissions and climate change insofar as they affect the marine environment. Even the United Nations Framework Convention on Climate Change (UNFCCC) and the broader climate governance framework primarily focus on land-based and atmospheric matters, with only limited application to the oceans.
As a first step, a dynamic interpretation of UNCLOS could expand its scope and help fill this gap. Article 194, in particular, provides significant potential for such an interpretation, allowing climate action to be emphasized as part of the broader objective of protecting rare ecosystems. In the next step, national and international judicial bodies could also play an important role by adopting dynamic interpretive approaches. The diversity of dispute settlement mechanisms under the law of the sea makes this field particularly well suited to such developments.
The 2023 High Seas Treaty has opened a new avenue for marine environmental protection by addressing the impacts of climate change. Relevant frameworks and tools for responding to environmental harm are set out in Part III and Part IV. This agreement is significant because no previous international legal instrument governing the oceans had explicitly and directly addressed marine biodiversity and environmental protection within the framework of ocean governance. However, it should be noted that the treaty’s obligations regarding hazardous activities are primarily preventive and participatory and do not provide concrete solutions for addressing such activities.
As of September 29, 2024, only 13 of the 114 signatory states had ratified the agreement, while 60 ratifications are required for it to enter into force. Under Article 25 of the 1969 Vienna Convention on the Law of Treaties, a treaty may be applied provisionally before its formal entry into force if the negotiating states so agree. However, despite the practical need for such a mechanism, the 2023 High Seas Treaty does not include any provision for provisional application. Therefore, under Article 25(1)(b), the signatory states can adopt a protocol or separate instrument providing for provisional application. This could significantly assist the Preparatory Commission in making arrangements for the treaty’s implementation and for the first meeting of the Conference of the Parties.
5. Conclusion
The importance and central role of the oceans in mitigating the effects of climate change are well recognized by scholars in this field. In addition to the shortcomings of climate-related conventions, the law of the sea framework has also been limited in addressing the impacts of climate change on the oceans. This research aimed to evaluate ocean-based legal solutions for combating climate change within the framework of the 1982 UNCLOS and the 2023 High Seas Treaty.
Although the 1982 Convention did not explicitly address climate change, it provides considerable capacity for dynamic interpretation and for the use of international dispute settlement mechanisms. Criticizing the Convention based on the historical context in which it was adopted seems unreasonable. Despite being in force for more than 40 years, the UNCLOS has demonstrated a significant degree of adaptability and responsiveness.
The 2023 High Seas Treaty was developed with the primary objective of preserving the oceans’ unique biodiversity. Although it explicitly—yet only briefly—refers to the impacts of climate change on the oceans (e.g., acidification, rising temperatures, and sea-level rise), the treaty adopts a relatively soft approach. While it establishes frameworks for addressing environmental challenges—such as identifying and designating marine protected areas and conducting environmental impact assessments—it does not set out binding commitments specifically aimed at combating climate change. The persistent challenge of financial and technology transfer also remains insufficiently addressed. Moreover, in contrast to the accelerating pace of climate change, the process of ratification and implementation of the treaty has been notably slow.
It seems that relying on the existing capacities of the 1982 Law of the Sea Convention is a sound approach. However, the 2023 High Seas Treaty faces an uncertain future in terms of both its entry into force and its practical effectiveness.
Convening a meeting of the signatory states to adopt an annex or separate instrument providing for the treaty’s provisional application before its formal entry into force could represent an important step in responding to the urgency of the situation.

Abstract 1. Introduction
Following the Sochi Olympics scandal in 2016, Grigory Rodchenkov, a former official at the Russian Anti-Doping Agency, fled to the United States and revealed the existence of a systematic doping program in Russia. Rodchenkov’s disclosures triggered widespread international reaction, and in response to investigations conducted by the World Anti-Doping Agency (WADA), extensive sanctions were imposed on Russian sports institutions and athletes. However, the U.S. government considered these measures insufficient and, in December 2020, enacted the Rodchenkov Anti-Doping Act.
Doping remains a significant issue in professional sports. The use of prohibited substances and methods fundamentally contradicts the core principles, values, and ethical foundations of sport, including those embodied by the Olympic Games. The primary objective of sport is to measure and challenge natural human ability; therefore, the use of performance-enhancing substances to artificially boost physical capabilities undermines the very essence of athletic competition.
During the Cold War, the Soviet Union and other Eastern Bloc countries regarded success in international sports competitions as a means of demonstrating the superiority of the socialist system over capitalism. For decades, state-sponsored doping formed an integral part of Soviet sports policy. Systematic doping was particularly widespread during the 1980s, and despite international prohibitions and well-documented health risks, the use of anabolic steroids to increase muscle mass and strength was common among athletes.
Given the events of the Sochi Winter Olympics, some countries, including the United States, sought to revise their approach to combating doping and to take steps toward more effective governance and oversight of sports at both the national and international levels. As noted earlier, the history of systematic doping dates back to the Soviet era; however, for the purposes of this study, the point of departure is the events surrounding the Sochi Olympics. The Sochi scandal constitutes the most significant and extensive doping case in the history of sports, ultimately leading to the enactment of the Rodchenkov Anti-Doping Act. The study tried to answer the following question: by enacting the Rodchenkov Act and criminalizing doping as provided for under this law, has the U.S. government strengthened the anti-doping system, or has it instead weakened that system by undermining the coherence established through WADA’s efforts?
2. Literature Review
It seems that there is no Persian-language research on the subject; therefore, this study constitutes a necessary contribution to the field.
3. Materials and Methods
The present study employed a descriptive–analytical approach to examine the impact of the Rodchenkov Act on the global anti-doping system. It was based on a qualitative analysis of relevant legal texts, policies, and institutional responses.
4. Results and Discussion
The analysis first examined the background and provisions of the Rodchenkov Anti-Doping Act, then it focused on its impact on the international anti-doping system and the responses of relevant institutions. The Rodchenkov Anti-Doping Act represents a significant shift in the governance of global anti-doping efforts by granting the United States authority to prosecute individuals involved in doping conspiracies that affect American athletes or sports organizations, regardless of where the alleged conduct occurs. While the Act introduces stricter legal measures against those who facilitate doping—including criminal penalties for individuals who aid or abet such schemes—its extraterritorial application raises concerns about potential jurisdictional conflicts and its broader impact on international cooperation in anti-doping governance. The unilateral nature of the Act may also undermine the authority of established global institutions such as WADA by creating parallel enforcement mechanisms that operate outside existing anti-doping frameworks.
5. Conclusion
The content analysis of the Rodchenkov Act and the responses of key international stakeholders, including WADA and the International Olympic Committee (IOC), revealed significant insights. It can be argued that the Act will have a negative impact on the integrity and cohesion of the global anti-doping system in both the short and long term Future research should therefore explore alternative approaches to strengthening the global anti-doping regime, with particular emphasis on enhancing international collaboration, improving whistleblower protections, and reinforcing the effectiveness of existing institutions, rather than relying on unilateral enforcement measures that may disrupt the cohesion and legitimacy of the international anti-doping system.

Abstract 1. Introduction
In administrative law, the rule against bias is one branch of the principle of procedural fairness. One situation that may give rise to a violation of this rule is a conflict of interest. Despite the importance of conflict of interest in the public sector—particularly in relation to the rule against bias in administrative law—this issue has received relatively limited attention. Existing discussions have focused mainly on the relationship between corruption and conflict of interest. Considering the connection between conflict of interest and the rule against bias, the present study aimed to examine the nature, elements, application, criticisms, and challenges of conflict of interest management, in a way that it could lead to enhanced transparency and public trust in government.
2. Literature Review
Several important works have been published on the subject. For example, a few Persian-language monographs have dealt with the topic. These include Legislative Framework for Combating Administrative Corruption in the Legal System of the Islamic Republic of Iran (Rostami & Abdoli, 2021) and Conflict of Interest in the Public Sector (Morattab et al., 2020). Moreover, in his doctoral dissertation titled The Optimal Legal System for Conflict of Interest Management in the Public Sector in the Islamic Republic of Iran, Bakshloo (2026) focused on the optimal system for the conflict of interest management. The article titled “A Comparative Study on Prevention and Management of Conflict of Interest in Judicial System” (Vakilian & Derakhshan, 2020) also examined the practical methods and strategies for the conflict of interest management.
Most existing research has focused on the relationship between corruption and conflict of interest, as well as on the legislative framework for managing conflicts of interest, without adequately addressing its connection to the rule against bias in administrative law as one of the grounds for judicial review of administrative actions and decisions. The literature specifically dealing with this aspect remains very limited, if not rare. Therefore, the present article is novel, particularly in its analytical examination of the relationship between these two concepts and in its emphasis on the criticisms and challenges involved in managing conflicts of interest.
3. Materials and Methods
This study adopted a descriptive–analytical method. The data was collected through library research.
4. Results and Discussion
Conflict of interest and the rule against bias in administrative law are closely related yet conceptually distinct. Although both concepts pursue the common objective of ensuring impartiality and integrity in administrative decision-making, the rule against bias has a broader conceptual scope, while conflict of interest constitutes one of the most significant grounds for its violation or impairment. The existence of competing interests may affect the objectivity and impartiality of administrative processes and, consequently, undermine public trust in the legitimacy of administrative decisions.
Best practices for managing conflicts of interest emphasize transparency through comprehensive disclosure requirements, as well as the establishment of clear procedures for withdrawal from potentially biased decision-making. Ethical considerations should remain central to the decision-making process, particularly for managers and public officials who may encounter conflicts of interest in the course of their duties. To effectively mitigate conflicts of interest within administrative bodies, it is necessary to implement robust mechanisms for the early detection of potential conflicts. Regular training programs should also be provided for employees in order to highlight the importance of promptly recognizing and disclosing such conflicts. Managing conflicts of interest also requires the adoption of measures such as recusal, through which individuals withdraw from decision-making processes in order to avoid any actual or apparent bias.
It is also essential to establish oversight committees or independent bodies responsible for investigating potential conflicts and ensuring compliance with conflict of interest regulations.
Conflicts of interest may contravene the principles of impartiality, transparency, and equality, and may undermine the fundamental tenet of neutrality. They create situations in which an individual’s private interests or obligations may unduly influence professional judgment or decision-making. Such circumstances threaten the integrity of neutrality and objectivity, which are cornerstones of sound decision-making processes. If not properly managed, conflicts of interest can undermine the credibility and reliability of research, clinical practice, and other professional activities, leading to inaccurate, unfair, or inequitable outcomes. It is therefore essential to manage conflicts of interest effectively by identifying, avoiding, or appropriately disclosing them, thereby preserving the integrity and objectivity of decision-making processes.
Managers often face significant challenges in addressing conflicts of interest because of their complex and multifaceted nature. In particular, concealed or indirect conflicts can be difficult to identify, as they may not be immediately apparent but may nevertheless influence decision-making. Moreover, managers may be subject to external pressures from stakeholders with competing or conflicting interests. In light of these challenges, the continuous development, refinement, and improvement of conflict of interest regulations remain essential for promoting transparency, public trust, and impartiality in decision-making processes. By incorporating international best practices and standards, jurisdictions can strengthen their strategies for effectively addressing conflicts of interest.
The persistent challenges associated with conflict of interest management in the public sector require sustained commitment, innovation, and ongoing collaboration. Strengthening compliance and accountability in this area calls for a comprehensive approach that includes policy reform, capacity-building, regulatory mechanisms, and the active participation of stakeholders.
5. Conclusion
Conflict of interest in administrative law is a significant issue that requires careful examination and effective management. Clear definitions and robust legal frameworks are essential for properly addressing situations involving conflicts of interest. Although the laws and regulations governing such conflicts vary across jurisdictions, they generally include provisions requiring the disclosure of potential conflicts and imposing an obligation on individuals to recuse themselves from decision-making processes where appropriate. The primary purpose of these regulations is to promote transparency and maintain public trust in governmental institutions.
The mechanisms such as disclosure of interests, recusal, and disqualification not only help manage situations involving conflicts of interest but also play an important role in safeguarding compliance with the rule against bias. At the same time, ambiguity in identifying certain instances of conflict of interest, as well as the difficulty of detecting indirect or concealed conflicts, remains among the most significant challenges in this area of administrative law. Accordingly, conflict of interest and the rule against bias may be regarded as complementary mechanisms aimed at protecting impartiality, fairness, and legitimacy in administrative decision-making.
It appears that bias and conflict of interest are closely related in their potential to influence decision-making, undermine impartiality and fairness, and affect the validity of administrative decisions and actions. The most important requirements for preventing bias in situations involving conflicts of interest are recusal and disqualification. Continuous development and improvement of conflict of interest regulations are necessary to prevent not only actual bias but also any appearance of bias.

Abstract 1. Introduction
Administrative processes can be excessively long, convoluted, and irrational. This diminishes the satisfaction associated with achieving the outcome and, in some cases, renders the result nearly meaningless. Given that a significant portion of human life involves interacting with public administration, administrative processes have a considerable impact on the overall quality and enjoyment of life for both citizens and public employees. Their effects also extend to the broader level of public satisfaction.
In this context, the humanization of administration refers to reforming administrative processes in ways that enhance the sense of pleasure derived from administrative outcomes. It is assumed that creating pleasure for citizens, even if not the primary objective of the government, is nevertheless one of its responsibilities.
To address the issue, the study reread Jeremy Bentham’s pleasure–pain theory insofar as it relates to the humanization of bureaucracy. The primary objective was to develop a mechanism for humanizing administration by increasing pleasure and reducing pain. It also aimed to explain the concepts of pleasure and pain, along with illustrative examples, from Bentham’s perspective. The main research question is: How can administrative processes be designed so that they do not reduce human pleasure? The study also went on to address more specific questions: What is pleasure, and what are its components? And under what conditions does a person experience pleasure? The research is based on the hypothesis that administrative processes can be reformed to increase the individual pleasure of citizens and employees—and ultimately the general public—by identifying and applying the components of pleasure as outlined by Bentham.
2. Literature Review
Persian-language scholarship encompasses some research studies on different aspects of administrative structural reform. For example, in “Individual-Orientation or System-Orientation in the Laws Against Administrative Corruption in Iran,” Karimian (2021) addresses the issue of corruption and anti-corruption. In “An Introduction to Administrative Human Rights,” Hosseini and Khosravi (2020) focused on the promotion and protection of human rights in administrative settings.

The study by Salmani et al. (2022), titled “Challenges of Citizenship Rights in the Iranian Administrative System in Light of Good Governance,” examined increased accountability, improved efficiency and effectiveness of processes, and the optimization of relationships between citizens and public administration. Moreover, the article “Identifying and Prioritizing Elements of Organizational Democracy in the Public Sector Using Fuzzy Delphi and Network Analysis Process (ANP)” (Rangriz & Khamoie, 2020) focused on strengthening meritocracy and promoting the democratization of organizations. In a rather different fashion, the current analysis picked up an inherently non‑legal concept of pleasure to develop a framework aimed at addressing the decline in overall life satisfaction due to daily encounters with administrative processes.
3. Materials and Methods
The present study adopted a descriptive–analytical method. First, Bentham’s theory of pleasure was described within the context of existing theories. Its main features and components were then aligned with the requirements of administrative law in order to derive indicators based on these components. These indicators were ultimately used as guiding principles for administrative reform.
4. Results and Discussion
The pleasures in Bentham’s framework include the pleasures of sense, wealth, skill, amity (friendship), a good name, power, piety, benevolence, malevolence (pleasure derived from another’s pain), memory, imagination, expectation, as well as pleasures arising from association and relief. Correspondingly, pains include those arising from privation, the senses, awkwardness, enmity, an ill-name, piety, benevolence, malevolence, memory, imagination, expectation, and pains dependent on association. These concepts take shape within the interactive sphere of human relationships.
The components of pleasure in Bentham’s framework can be aligned with administrative matters through the following indicators. These indicators are framed within the general principles of administrative law, ensuring that their implementation does not require changes to the existing legislative system. First, the component related to preventing pain and arbitrary action is supported by the principle of prohibiting decision-making based on caprice. This is put into practice through the principle of demanding minimum documentation, the principle of the validity of any request, the principle of prohibiting excess caution within the framework of the law, the principle of prohibiting the narrow interpretation of legal authority, the principle of transparency in administrative approvals, and the principle of granting job-related privileges to employees.
Second, the component of possession is addressed by the principle of exercising authority in accordance with the will of the applicant. Third, the component of skill corresponds to the principle of meritocracy and the principle of professionalism. Fourth, the component of amity is reflected in the principle of aligning the private interest of the applicant with the public interest, which guides the transition from strict formal justice to administrative fairness, also known as the principle of fairness-oriented administration. Fifth, the component of a good name is upheld by the principle of comprehensive protection of citizens’ dignity within the administration, the principle of confidentiality, and the principle of anti-corruption. Sixth, the component of benevolence is represented by the principle of equality alongside the acceptance of others. Seventh, the component of expectation is preserved through the principle of not delaying administrative processes, the principle of result orientation, and the principle of access to administrative information. Finally, the component of relief is realized through the principle of fully compensating for all administrative damages and ensuring reparability for those caused by violations of ethical codes.
5. Conclusion
Since the late twentieth century, anti‑corruption initiatives have been central to efforts aimed at improving the relationship between public administration and citizens. Human interactions between officials and citizens have often been viewed as potential sources of corruption and have therefore frequently been evaluated in negative terms. Nevertheless, public administration remains an unavoidable arena for human interaction. Over the years, many proposed reforms of administrative systems have prioritized anti‑corruption measures by seeking to limit or control direct human interaction. As a result, electronic governance was introduced as a mechanism for implementing various anti‑corruption initiatives. In practice, however, the shift to electronic governance has often merely relocated corrupt interactions from administrative offices to external settings rather than eradicating them. Administrative corruption has therefore persisted despite these efforts.
Living a life characterized by pleasure and free from pain is a core element of the public interest. Because the public administration is obligated to act in the public interest, it must ensure that its actions do not diminish citizens’ pleasure or inflict unnecessary pain. Any failure to uphold this duty must be met with proportional sanctions. Guaranteeing these elements of pleasure, and ensuring the practical application of their components within public administration, requires several measures: legalizing the category of pleasure, integrating pleasure and its components into administrative codes of ethics, formulating general legal principles related to pleasure, providing targeted training and administrative supervision, and encouraging the creative implementation of these principles by public employees.

Abstract 1. Introduction
The development of human rights standards has made the treatment of prisoners and other persons deprived of liberty an important indicator of a government’s commitment to human rights and good governance. It also serves as a benchmark for assessing the legitimacy and credibility of governments in the international arena. One clear sign of humane treatment is the application of control measures and the use of instruments of restraint, particularly during the transfer of prisoners and detainees from prisons and detention facilities. Instruments of restraint, such as handcuffs and leg irons, are applied to the body to impose restrictions that partially or completely limit the movement of prisoners and other persons deprived of liberty. Like many other coercive measures, such restrictions inherently affect the human dignity of those subjected to them.
Using two key indicators of respect for human dignity and the prohibition of torture and other cruel, inhuman, or degrading treatment or punishment, the current study aimed to examine whether Iran’s domestic laws and regulations governing the use of instruments of restraint on prisoners and other persons deprived of liberty are consistent with human rights standards and established international criteria. The use of restraint instruments and the question of their necessity were the primary focus of the current inquiry. The analysis also examined the most commonly used instrument (i.e., handcuffs) along with other prohibited devices specifically identified in human rights documents and related sources. Finally, it considered the factors that must be taken into account in relation to vulnerable individuals and certain groups.
2. Literature Review
Regarding this topic, only scattered references can be found in Persian-language scholarship. However, it seems no study has specifically examined the use of instruments of restraint on prisoners and other persons deprived of liberty, nor has any research addressed the permissibility or prohibition of such practices. In addition, Iran’s domestic laws and regulations have not been critically analyzed for their compliance with human rights standards and international norms.
3. Materials and Methods
The present research used library and documentary source to analyze the conditions under which the use of instruments of restraint may amount to inhuman treatment or even torture. The study began by outlining the issue and then descriptively and analytically examining the declarations, resolutions, and other instruments adopted by international organizations, particularly the minimum standards for the treatment of prisoners as reflected in two key documents: the Bangkok Rules and the Nelson Mandela Rules. Drawing especially on the reasoning set out in numerous judgments of the European Court of Human Rights, the study identified, evaluated, and analyzed the relevant human rights standards. Finally, the analysis critically examined Iran’s domestic laws and regulations in light of those standards.
4. Results and Discussion
Preventive measures and the use of instruments of restraint inevitably affect prisoners’ human dignity and, in particular, raise concerns under the principle prohibiting torture and other inhuman or degrading treatment. At the same time, prison authorities may be required to use such measures during prisoner transfers and emergency situations in order to prevent prisoners from harming themselves or others. Consequently, human rights instruments have, in limited circumstances, recognized the permissibility of their use.
The Nelson Mandela Rules establish a broad standard prohibiting the use of instruments of restraint that are inherently degrading or painful, while permitting the use of other instruments provided that this principle is respected. This standard is too broad and, apart from the specific prohibition on chains and irons, is not framed through an exhaustive list of prohibited devices. Nevertheless, human rights instruments and international institutions have identified and prohibited particular methods and devices in light of their nature and effects. These include leg cuffs; devices that immobilize the hands, feet, or fingers; instruments that secure a prisoner to a wall, ceiling, or fixed location; cages and other enclosed structures; and restraint chairs and boards.
The primary basis for prohibiting the instruments of restraint has been their incompatibility with states’ obligations to prevent torture and other cruel, inhuman, or degrading treatment. Bodies such as the European Court of Human Rights, the U.N. Committee Against Torture, and the European Committee for the Prevention of Torture have frequently emphasized that the use of such restraints in prohibited circumstances is inhuman and degrading, while only rarely finding that it reaches the threshold of torture. Whether that threshold is met is a relative assessment, depending on factors such as the physical and psychological effects of the restraint, as well as the victim’s gender, age, and state of health. Therefore, the use of instruments of restraint on vulnerable groups—including children, women, and sick prisoners—carries a significantly greater risk of amounting to inhuman and degrading treatment or even torture. Hence, human rights institutions, particularly the European Court of Human Rights, have repeatedly emphasized the importance of adhering to the principle of proportionality, carefully assessing each individual’s particular circumstances, and recognizing the heightened obligation of states to protect vulnerable persons. In practice, this has led to the development of a form of enhanced protection for such groups.
By adopting a substance-based approach, the European Court of Human Rights has not confined the scope of the prohibition under Article 3 of the European Convention on Human Rights to conventional forms of restraint. Rather, it has interpreted that prohibition as extending to any restraining measure that is, in substance, degrading, inflicts severe pain or suffering, or violates human dignity. This broad interpretation is not only consistent with the underlying philosophy of the European human rights system, which is founded on the protection of human dignity, but also fully aligned with the principles set out in the Nelson Mandela Rules, particularly Rule 47, which prohibits the use of inherently painful or degrading restraints.
5. Conclusion
The legal basis for prohibiting the use of restraining devices in unauthorized circumstances lies in the violation of states’ obligations to prevent torture and other forms of inhuman or degrading treatment. Moreover, the European Court of Human Rights has addressed the use of such devices in prohibited circumstances under other legal grounds, including violations of the right to privacy. Nevertheless, both prevailing public opinion and relevant legal instruments suggest that the principal rationale for this prohibition is the characterization of such practices as inhuman and degrading.
Given the prominent status of human rights in Europe and the continuing development of more humane standards, it is likely that the Strasbourg Court will establish more precise criteria for assessing the conditions under which instruments of restraint may be used and possibly impose stricter scrutiny on the treatment of persons deprived of their liberty. As methods of control and supervision have evolved alongside technological progress, courts may also consider less restrictive alternatives and encourage governments to adopt such technologies. Ultimately, the European Court is likely to continue promoting the principles of human dignity and the abolition of unnecessary or disproportionate restrictions, while seeking to strike a balance between individual rights and security.
Iran’s criminal justice system has taken into account the principal considerations and practical criteria necessary to respect prisoners’ human rights. However, it is essential to adopt measures that further restrict the use of restraints. These measures should include prohibiting inherently painful or degrading restraint devices, banning the use of handcuffs on persons under 18 within correctional facilities, and prohibiting the use of restraint devices on women during childbirth and the postpartum period, as well as on patients undergoing surgical procedures.

Abstract 1. Introduction
The theory of state neutrality, grounded in secularism and the separation of public and private affairs, provides a favorable basis for the flourishing of the public sphere. These two ideas share important affinities, including freedom, equality, and pluralism. However, fundamental conflicts also exist between them, raising challenges for the realization of public discourse in a democratic context. Jürgen Habermas identifies two main challenges: (1) the conflict between solidarity and individualism and (2) the conflict within the concept of autonomy, namely between private and public autonomy. The present study aimed to examine these conflicts, particularly within the frameworks of liberalism and neoliberalism. The research question is as follows: Which inconsistencies between the theory of state neutrality and the idea of the public sphere have undermined the realization of public discourse in a democratic context?
2. Literature Review
Many studies have examined the public sphere, predominantly from a sociological perspective. However, only a few have addressed this topic in the fields of law and political philosophy. For example, in “Public Sphere and Perfectionism in Fundamental Rights: The Case of the Constitution of the Islamic Republic of Iran,” Mohammadi and Mashhadi (2025) explored the relationship between the public sphere and perfectionist theory within the framework of Constitution of the Islamic Republic of Iran. Mashhadi (2015) also addressed the topic in the article titled “From Privatization of Public Law to Publicization of Private Law: Legitimacy and Intervention of Liberal Capitalist State in the Thought of Habermas.” Nevertheless, none of these studies has examined the fundamental conflicts between the public sphere and the theory of state neutrality within the context of liberalism in Habermas’s thought.
3. Materials and Methods
The present research adopted a critical–analytical approach. It first clarified the concept of public sphere and the theory of state neutrality on the basis of the ideas of Habermas and other liberal theorists. The study then examined the fundamental conflicts between these two theories, including the conflict between solidarity and individualism and the conflict between private and public autonomy.
4. Results and Discussion
Although the theory of state neutrality provides a favorable ground for the flourishing of the public sphere and shares important affinities with it, it also gives rise to significant conflicts that hinder the full realization of the public sphere. The first challenge is the conflict between solidarity and individualism. Centered on individualism, the theory of state neutrality emphasizes the protection of private interests. Habermas, however, argues that this overemphasis on individualism weakens the solidarity necessary for advancing public interests. These challenges are further intensified in the context of neoliberalism, with its strong emphasis on free markets and competition, which undermines the foundations of Habermasian solidarity. For this reason, Habermas rejects absolute secularism and regards the presence of religion in the public sphere as necessary for fostering solidarity, while still insisting on the complete separation of state and religion.
The second challenge concerns the conflict within the concept of autonomy, namely between private and public autonomy. The theory of state neutrality places primary emphasis on private autonomy, whereas Habermas regards both forms of autonomy as equally important. In a Hayekian or neoliberal state, private autonomy may come to dominate public autonomy, thereby disrupting the balance necessary for the legitimacy of law and the dynamism of the public sphere. To address this dilemma, Habermas proposes a system of five fundamental rights in which private and public autonomy are interrelated, and both private and public interests are realized through the processes of public discourse and lawmaking.
The conflicts between the theory of state neutrality and the Habermasian public sphere, particularly in the context of neoliberalism, pose serious challenges to democracy and to the formation of the collective will. An excessive emphasis on individualism and private autonomy can weaken social solidarity and public participation. Habermas’s attempt to balance private and public autonomy, together with his recognition of the constructive role of religion in strengthening solidarity, offers important ways of addressing these challenges and reinforcing both the public sphere and democracy.
5. Conclusion
In sum, despite the theoretical affinities between the theory of state neutrality and the public sphere, fundamental conflicts arise in practice that hinder the full realization of public discourse in democratic societies. These conflicts, particularly those concerning solidarity and the concept of autonomy, are profound and are further intensified within neoliberalism. Habermas’s proposed solutions, including a redefinition of solidarity and a balance between private and public autonomy, appear essential for addressing these challenges and strengthening participatory democracy. To achieve a dynamic and effective public sphere, these conflicts must be taken seriously, and strategies must be developed to establish the necessary balance between individual freedoms and collective interests.

Abstract 1. Introduction
States, like individuals, do not exist in isolation; rather, they necessarily interact with one another. A state’s geographical position requires it to maintain certain relations with neighboring states and different kinds of relations with others. One of the oldest expressions of friendly relations is diplomacy. Through diplomatic and consular relations, states generally conduct their foreign affairs. In other words, these relations reflect and embody the foreign policy and external relations of international legal entities (i.e., states).
The Internet has become an essential tool for diplomatic negotiations and communication with a wide range of stakeholders. Nevertheless, the absence of treaty law and customary international law in the cyber domain is readily apparent. Still, a few attempts have been made to fill this gap. For example, the 2001 Budapest Convention on Cybercrime—concluded within the framework of the Council of Europe and its Additional Protocol—addresses only individual crimes. Perhaps the only relevant reference is the Tallinn Manuals, prepared in 2013 and 2017 by a group of international experts under NATO auspices
The absence of specific rules does not mean that states may conduct cyber operations without legal constraint. Although existing treaty laws and customary international law do not explicitly regulate cyber operations, established methods of legal interpretation make it possible to extend existing rules to this domain. This approach has been accepted by international organizations such as the United Nations and the European Union, as well as by a number of states, including the United States, Iran, the United Kingdom, Russia, Italy, Australia, China, the Netherlands, Qatar, Cuba, Hungary, and Mali.
The Tallinn Manual 2.0 is widely regarded as the most authoritative and frequently cited work on the international law applicable to cyber operations. Given the normative gap and the absence of uniform state practice, the Manual provides a comprehensive analysis of how existing international rules and regulations may be adapted to the complex and evolving domain of cyberspace. It also offers valuable insight into the views of legal and technical experts regarding how states engaged in cyber operations should conduct themselves.

Considering the rules and interpretations of Tallinn Manual 2.0, the present study aimed to examine the international law governing diplomatic and consular relations as it applies to state conduct in cyberspace.
2. Literature Review
Given the novelty of the topic, no research in Iran has yet examined the international law governing diplomatic and consular relations as it applies to state conduct in cyberspace. This distinguishes the present article in terms of its timeliness, theoretical framework, and analytical focus.
3. Materials and Methods
This study adopted a descriptive–analytical approach and drew on library sources to examine the positions advanced in the Tallinn Manual 2.0 in light of both general international law and the specific body of international law governing diplomatic and consular relations as applied to cyber operations. Accordingly, the study relied not only on the Tallinn Manual 2.0, but also on the 1961 Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations, since diplomatic and consular law is grounded primarily in these two conventions. The international group of experts involved in the preparation of the Tallinn Manual 2.0 also agreed that these conventions largely reflect customary international law.
4. Results and Discussion
The analysis first addressed the basic definitions and concepts relating to cyberspace and to diplomatic and consular law. Then it focused on the conditions and requirements governing cyber operations within the framework of diplomatic and consular law. Communication is vital to diplomacy. The nature of the Internet has made it an indispensable tool for communication in the modern age and has given rise to what may be called internet diplomacy. Other factors contributing to this transformation include widespread access to telecommunications networks and the low cost of telecommunications equipment, both of which have expanded the capacity of many states to engage in internet diplomacy.
In this new environment, traditional diplomacy must evolve through the reinterpretation of existing rules, and where those rules prove inadequate or incomplete, new ones must be developed. First, diplomatic and consular missions enjoy the inviolability of their premises under customary international law, as codified in the Vienna Conventions on Diplomatic and Consular Relations. Mission premises are inviolable, and officials of the receiving state may not enter them without the consent of the head of mission.
Moreover, any property within the mission—including information and communication technology (ICT) infrastructure—is immune from search, seizure, confiscation, and the enforcement of judicial orders. This means that even remote access to ICT infrastructure located within the mission, without explicit consent, is prohibited. In addition, the mission’s archives, documents, and official communications are inviolable, even in electronic form and regardless of their location. The receiving state is also obligated to ensure the mission’s freedom of communication for all official purposes. All persons enjoying privileges and immunities are under an obligation to respect the laws and regulations of the receiving state and to refrain from interfering in its internal affairs.
Moreover, the premises of the mission must not be used in any manner incompatible with the functions of the mission, with general international law, or with any special agreement in force between the sending and receiving states.
In the cyber context, this means that persons enjoying privileges and immunities must not engage in unlawful surveillance or espionage in the receiving state, and mission premises must not be used for such purposes. Correspondingly, the receiving state is required to take all appropriate measures to protect the mission against intrusion or damage and to prevent any disturbance of the mission’s peace or impairment of its dignity. Therefore, if a state becomes aware of malicious cyber activity targeting a diplomatic or consular mission within its territory, it must take all appropriate measures to protect the mission against that activity.
5. Conclusion
Cyberspace is continuously evolving, and with its high growth potential, any number of future developments are conceivable. Cyber diplomacy has now become an integral part of the daily life of diplomats and consuls. However, the absence of treaty instruments and customary international law in the cyber domain is very evident. Consequently, cyber operations in cyberspace pose questions and challenges for diplomatic and consular law. In this new environment, traditional diplomatic and consular law must evolve through the reinterpretation of existing rules. Where certain rules prove insufficient or incomplete in regulating internet diplomacy, new rules must be established. International rules concerning the inviolability of premises, the immunity of documents and archives, the freedom of official communication, tax exemptions, and immunity from jurisdiction must be reinterpreted and applied in a manner consistent with the cyber-diplomatic environment. Moreover, new rules should be formulated to guarantee the immunity of the cyber diplomatic or consular bag.

Abstract 1. Introduction
Land reforms and the abolition of the landlord–peasant system had a profound impact on Iran’s social structure. Deprivation in rural areas, combined with the inherent appeal of urban life, triggered a massive wave of migration to the cities. As a result, large urban centers encountered unprecedented phenomena such as informal settlements and the challenges associated with them. With the expansion of urbanization, citizens increasingly demanded greater government involvement in urban planning, a demand that often conflicted with the prevailing private property regime. Comprehensive urban plans in Iran, initially modeled on Western examples, were rooted in a positivist approach based on recognition, analysis, and design. This approach gradually evolved into a model emphasizing analysis, design, and policy.
The primary challenge lies in the absence of a coherent legal framework to guide urban planning institutions toward a unified policy. By drafting regulations, urban institutions have effectively ventured the realm of legislation, which falls outside the jurisdiction of the executive branch. In Iran, comprehensive urban plans are prepared in two distinct parts: (1) maps and project studies and (2) project regulations—almost in accordance with the law that changed the name of the Ministry of Reconstruction to the Ministry of Housing and Urban Development.
Legal aspects receive insufficient attention during the stages of formulating comprehensive urban plans. In other words, legal considerations are treated as little more than a formality. Another issue is the separation between design and implementation bodies, along with the multiplicity of decision-making authorities, whose resolutions often conflict with those of higher-ranking institutions. As a result, Iran’s urban legal system faces numerous challenges.
This study aimed to examine the impact of Iran’s Administrative Court of Justice on urban rights. It asked whether the Court—by exercising its powers to annul or uphold regulations, unify jurisprudence, and establish precedents—had been able to reform urban rights in situations where the legislator, due to existing constraints, could not amend laws promptly. It also considered whether the Court had enhanced the effectiveness of legal texts through novel interpretations aligned with contemporary realities.
2. Literature Review
Some researchers have examined the extent to which the Administrative Court of Justice has adhered to the principles of public law in its rulings. However, it seems there is no serious study about the specific topic of the present research.
3. Materials and Methods
The current study adopted a descriptive–analytical method to examine the performance of Iran’s Administrative Court of Justice in compensating for deficiencies in the legal system by developing a dynamic and progressive body of judicial practice. The analysis focused on whether the Court, through foresighted and practical interpretations aligned with contemporary needs, had assisted decision-making bodies in resolving urban challenges.
4. Results and Discussion
Many of Iran’s urban laws were enacted before the Islamic Revolution. However, the challenges that cities—particularly large metropolitan areas—face today call for intelligent and forward-looking legislation. One of these challenges is unregulated migration from villages to cities and the resulting disruption of urban structure—the effects of which are visible every day in urban areas. The current legal system suffers from numerous deficiencies.
Over more than three decades of operation, the Administrative Court of Justice has not been able to address these shortcomings as effectively as expected.
One of the most significant weaknesses of the earlier legislative framework, prior to the enactment of laws such as the Sustainable Revenue and Municipal Expenditures Act, was the absence of mechanisms for supervising detailed urban plans.
By overlooking this crucial issue, the Administrative Court of Justice has, in some cases, annulled resolutions of the Supreme Council of Urban Planning and Architecture based solely on a narrow reading of legal texts—disregarding the legislator’s broader purpose in establishing such institutions and invoking lack of jurisdiction as a justification. A notable example is the Haft Sangan lands in Qazvin, where the municipality, relying on a zoning permit issued by the Supreme Council of Urban Planning and Architecture twenty years earlier, proceeded to issue construction permits for agricultural land.
Under the current legal system, the body that approves urban plans has no legal authority to supervise the entity responsible for implementing them. The Administrative Court of Justice could have addressed this serious deficiency by adopting a purposive interpretation of the law and thereby supporting the Supreme Council in fulfilling its objectives.
At the same time, the Court acted correctly in rejecting the municipality’s refusal to issue a permit on the grounds of amendments made to the plan by the Article 5 Commission. Public roads belong to all citizens, and municipalities must designate appropriate locations for different businesses according to the nature of their activities. Ensuring smooth urban mobility is a fundamental right of every city resident, and obstruction of streets constitutes a violation of that right.
Overall, the unifying precedent judgments issued by the General Assembly of the Administrative Court of Justice present a more satisfactory record than its decisions concerning the annulment or affirmation of resolutions issued by the Supreme Council of Urban Planning and city councils.
Nevertheless, after more than three decades of judicial oversight in urban affairs, it can be said that this oversight has too often operated at a standstill. In many cases, administrative adjudication has failed to make effective use of its legal capacity to remedy the shortcomings of the urban legal system.
5. Conclusion
The Administrative Court of Justice has generally adopted a cautious approach to urban issues. By placing strong emphasis on the strict interpretation of legal texts while overlooking the legislative intent behind the establishment of higher regulatory bodies, the Court has effectively conferred a degree of legitimacy on municipal actions that may otherwise be considered unlawful. A notable example is its annulment of the Supreme Council of Urban Planning and Architecture’s resolution concerning the Haft Sangan lands. The Court’s clear distinction between urban taxes and building violations also significantly reduced the cost of non-compliance with detailed urban plans.
Furthermore, its protection of public access to quasi-judicial bodies, particularly the Commission under Article 77 of the Municipality Law, constitutes a significant achievement in the defense of urban rights.