International Law
Morteza Ahmadifard; Mehdi Hatami
Abstract
On January 20, 2018, Turkey launched Operation "Olive Branch" and on October 9, 2019, Operation "Spring of Peace" in northern Syria, violating its territorial integrity and military entry into the country. Also, these attacks continue in a scattered manner. According to Turkish officials, the operation ...
Read More
On January 20, 2018, Turkey launched Operation "Olive Branch" and on October 9, 2019, Operation "Spring of Peace" in northern Syria, violating its territorial integrity and military entry into the country. Also, these attacks continue in a scattered manner. According to Turkish officials, the operation was carried out to eliminate the terror of terrorism and self-defense, given that the use of force in international relations today is prohibited by international law and the UN Charter, this article examines the legitimacy of the use of force by Turkey and examines the behavior, goals and feedback resulting from its actions by citing the principles and rules of International law as well as some international jurisprudence, determines that Turkish government has violated the important principle of the prohibition of the use of force which is explicitly stated in paragraph 4 of Article 2 of the Charter, and the reasons given by the authorities of that government, including the fight against terrorism and legitimate defense, cannot justify a violation of this fundamental rule.
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 ...
Read More
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.
elham amiri; seied mohamad hashemi; vali rostami; bijan abbasi
Abstract
The issue of pension payments is a serious challenge for governments in today's world. As the main institution, which is faced with a large number of new pensioners every year, governments seek to create pension systems in line with the political-economic structure of the country. The pension payment ...
Read More
The issue of pension payments is a serious challenge for governments in today's world. As the main institution, which is faced with a large number of new pensioners every year, governments seek to create pension systems in line with the political-economic structure of the country. The pension payment system in European-American countries is older than the domestic situation, and for this reason, in order to organize and reform the pension payment system in Iran, it is necessary to refer to successful cases in this regard. In this regard, Norway is one of the countries whose pension system has created the highest level of welfare for retirees, and this has led to a relatively high level of social satisfaction with the government. Compared to Norway, the pension system in Iran is facing many weaknesses and problems, so much so that this issue is named as the third major problem in the country. The defective structure of pensions in Iran is moving in the direction that providing pensions is one of the most important challenges of the government. It can be a way to model and reform the pension system in Iran.
Abolghasem Shahbazian; Sadegh Salimi
Abstract
Measures taken by governments during armed conflict to safeguard their essential interests sometimes cause damages to foreign investors. The investors thus affected seek remedies in the arbitration tribunals invoking breach of host government obligations to protect investments. The host government also ...
Read More
Measures taken by governments during armed conflict to safeguard their essential interests sometimes cause damages to foreign investors. The investors thus affected seek remedies in the arbitration tribunals invoking breach of host government obligations to protect investments. The host government also usually attempts to assert as defense non-precluded measures to prove its irresponsibility, or if it proves responsible, justify it by resorting to circumstances precluding wrongfulness in the customary international law. But since different courts do not consider the same requirements to invoke these rules, there is no certainty that the parties to the lawsuit will be able to invoke them and, as a result, the scope of government's obligations to protect the foreign investor during the armed conflict is obscure. To clarify the scope of the host government's obligations to protect the foreign investor during armed conflicts and balance the interests of the investor and the host government during the investment disputes arising from the armed conflict, this article explores the possibility and requirements of invoking circumstances precluding wrongfulness and non-precluded measures and the relationship between them.
Vahid Agah; moein sabourian
Abstract
According to the prevailing opinions on interpreting Article 64 of the Constitution of the Islamic Republic of Iran, religious minorities’ members consisting of the Zoroastrians, the Jews, the Christians (north and south Armenians, Assyrians and Chaldeans) are not augmentable in Iran’s parliament. ...
Read More
According to the prevailing opinions on interpreting Article 64 of the Constitution of the Islamic Republic of Iran, religious minorities’ members consisting of the Zoroastrians, the Jews, the Christians (north and south Armenians, Assyrians and Chaldeans) are not augmentable in Iran’s parliament. The main goal of this article is to clarify the allocation of these five seats and its position within the scope of the principle of equality, which was done by describing-analyzing method and collecting library-documentary information. The research suggested that five members are guaranteed at a minimum and there are no limitations. It is changed in statute and parliament election also has established significant discrimination through the election system of the religious minorities that appear during the process of enrolment, qualifications, the structure of supervisions, provincial and central, voting and dividing election centers.Finally, positive discrimination has changed into a negative one. The solution is to correct the acts and regulations. So we suggest amending the laws in secondary fields and voting centers, and also the participation of minorities in control boards, and increasing minorities members in parliament.