International law

Open Access Article

1 - The role of general international law in the field of globalization
hossein shahraki عسگر جلالیان

The globalization process of public international law is said to be a set of processes by which countries become increasingly connected and dependent. In the era of globalization, which is the era of transcending national territories and entering the global context, plu More

The globalization process of public international law is said to be a set of processes by which countries become increasingly connected and dependent. In the era of globalization, which is the era of transcending national territories and entering the global context, pluralism increases and governments get out of their limited form and find a global territory. The importance of globalization is due to the fact that in the present era, the nature of power has changed and besides governments, international civil organizations, international non-governmental organizations, international interstate organizations, informal multilateral organizations, parties, media,Ethnic groups, syndicates, multinational companies, individuals and international public opinion have also played a role, which has caused the international system to become polygonal; Therefore, due to the erosion of the sovereignty of the states along with the fading of the borders, we are witnessing a change in the activity and function of the states in the space of interaction and competition with transnational and subnational actors, and due to the assimilation and homogenization of rules, concepts and certain legal institutions at the domestic and international levels. It becomes international.syndicates, multinational companies, individuals and international public opinion have also played a role, which has caused the international system to become polygonal; Therefore, due to the Manuscript profile

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2 - Environmental Challenges of Waste in International Law
زینب پورخاقان شاهرضایی Zahra sadat Hosseini

Today, environmental risks caused by the mismanagement of waste are recognized as a fundamental issue worldwide. With the rapid advancement of technology, waste and its management have emerged as crucial topics in the field of international environmental laws. These law More

Today, environmental risks caused by the mismanagement of waste are recognized as a fundamental issue worldwide. With the rapid advancement of technology, waste and its management have emerged as crucial topics in the field of international environmental laws. These laws go beyond the protection of nature and the environment; rather, they constitute a comprehensive framework of norms, institutions, and methods specifically crafted for waste management, taking into account diverse global dimensions. This study uses an analytical-descriptive method to explore the environmental challenges associated with waste in international law. The research methodology is library-based, relying on the review of existing studies, international laws, and regulations about waste. The research findings emphasize that pollution resulting from waste is a primary global concern, leading to the approval of numerous international documents addressing environmental challenges posed by waste at both domestic and international levels. These documents establish environmental responsibilities for governments. Additionally, the advancement of technology and increase in the production of electronic wastes have introduced new challenges in environmental protection for countries, with recycling standing out as a crucial factor in waste management. The issue of waste is not limited to the internal laws and policies of individual countries; it necessitates global cooperation. It is recommended that relevant organizations take proactive measures to establish a unified procedure in waste management, backed by robust executive guarantees. Manuscript profile

Open Access Article

3 - Justification of aviation sanctions in the light of general international law and international air law (Concepts, basics, classification and legitimacy)
Mehdi Aliyari

Aviation sanctions are among the most widely used and oldest international sanctions. Despite the wide variety and scope of these sanctions compared to other common types of sanctions in the aviation field, these sanctions are considered to be the most effective type of More

Aviation sanctions are among the most widely used and oldest international sanctions. Despite the wide variety and scope of these sanctions compared to other common types of sanctions in the aviation field, these sanctions are considered to be the most effective type of sanctions on the aimed country, which in some cases have led to the isolation and paralysis of aviation in those countries. However, from the law point of view, it has received less attention from scholars than travel sanctions. The purpose of this article is to describe and explain by analytical-descriptive methods aviation sanctions in two fields of Public International Law and International Air Law in order to explain the legal content and nature and the conditions of their legitimacy. But before that, the author tries to define and explain the aviation sanctions based on the procedure of the United Nations, as well as international political actors, including the United States and the European Union, and the rules of International Law. These kinds of sanctions are that adopted collectively by the United Nations or other the International Organization and unilaterally by governments. The final conclusion of the article indicates the incompatibility of unilateral sanctions in the field of aviation with the provisions of the 1944 Chicago Convention, which has the status of the constitution in the international aviation community because it leads to the violation of this international instruments, which in turn is perceived "abuse of civil aviation" according to Article (4) of the mentioned Convention. Manuscript profile

Open Access Article

4 - Methodology of International Law
علی اصغر Kazemi

In this article, the author attempts to fill the gap arisingfrom the lack of attention to the methodology in the field oflaw. Through putting forth the discussion of the methodologyof international law, he paves the way for researchers andstudents of international law a More

In this article, the author attempts to fill the gap arisingfrom the lack of attention to the methodology in the field oflaw. Through putting forth the discussion of the methodologyof international law, he paves the way for researchers andstudents of international law and related fields. Studying thedominant methodological and theoretical currents in the fieldof international law, new outlooks, which were proposed inthe Methodology of International Law Symposium in 1991,are introduced and assessed. In this context, the first sectionof the article deals with the methodology in general. The othersections refer to the category of methods and methodology,and methodology in philosophy and legal studies. The authorfinally pays attention to the point that the understanding andcommand of the methods and approaches are necessary withrespect to the recognition of sources, incremental codificationand development, implementation, interpretation and judgmentat all levels of the study of international law. Manuscript profile

Open Access Article

5 - The Theoretical Qualification of Mediation for International Litigation
محمود Vaezi

In late 19th and 20th century, much has happend for the peacefulsettlement of disputes, taking full account of the recent developmentsinstead of the use of force. After much travail the internationalconferences have been created, the system for addressing disputes setup More

In late 19th and 20th century, much has happend for the peacefulsettlement of disputes, taking full account of the recent developmentsinstead of the use of force. After much travail the internationalconferences have been created, the system for addressing disputes setup by the conventions, come into force. As with other means of disputesettlement is the process of mediation. The cases just considered arewhat the author indicates about the kinds of concerns that induce thisway of settlement: political, legal and technical questions and alsothe dispute itself. The purpose of this article is a completely referenceto a definitive overview of mediation of disputes to the litigation,mediator, mediation clauses. The author has produced a critique ofthe mediation with special focus on litigations. Manuscript profile

Open Access Article

6 - WTO jurisdiction and human rights
Vahid Bozorgt Amir Houshang Fathizadeh

The aim of this article is to explore the WTO jurisdiction in terms of human rights. WTO resources and legal opinions, the authors have concluded that WTO law is a self-contained system of law and its dispute settlement body (DSB) shall consider only the member’s More

The aim of this article is to explore the WTO jurisdiction in terms of human rights. WTO resources and legal opinions, the authors have concluded that WTO law is a self-contained system of law and its dispute settlement body (DSB) shall consider only the member’s disputes in terms of the rights and obligations provided in WTO agreements and it does not have the capacity to examine those disputes which fall under the jurisdiction of other systems of law such as human rights However, despite this fragmentation and separation between WTO law and human rights law, the DSB may make use of the relevant rules of International law, including human rights law, to clarify the provisions of WTO agreements. Manuscript profile

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7 - Legal Regime for Environmental Protection of International Watercourses by Emphasis on the Strait of Hormuz in Iran
Seyed Abbas Pourhashemi Akram Nemati Flora Heidari

In the view of geopolitics and international law, international watercoursesare very significant in international relations. So, the environment of thesewatercourses should be protected. Using available resources at internationalwatercourses and protecting their environ More

In the view of geopolitics and international law, international watercoursesare very significant in international relations. So, the environment of thesewatercourses should be protected. Using available resources at internationalwatercourses and protecting their environment are important issues ofmodern international law. Watercourses including lakes, rivers, andinternational straits are located among two or more countries. Internationalstraits are important components of international watercourses which arebasically used for commercial and military shipping not only by coastalstates but other countries. Therefore, legal status of the Strait of Hormuz asan international strait is affected by the law of international watercourses.So, in this paper, authors have studied on environmental protection ofinternational watercourses by emphasis on the Strait of Hormuz. By regardto strategic importance of the Strait of Hormuz for Iran, and its geopoliticalrole, in first part of this document, Possibility of blocking the Strait ofHormuz has been deliberated, and in second part, it has discussed aboutenvironmental protection of the Strait of Hormuz by considering soft andhard law. Manuscript profile

Open Access Article

8 - Good Faith in the International Commercial Law
کوروش Jafarpour

The Principle of Good Faith in the law of contracts is one of themost important and fundamental principles. Nowadays this principleis located and mentioned in general rules of international commercialdocuments. It means that Good Faith should be considered andexecuted i More

The Principle of Good Faith in the law of contracts is one of themost important and fundamental principles. Nowadays this principleis located and mentioned in general rules of international commercialdocuments. It means that Good Faith should be considered andexecuted in every transaction. In this article, the author endeavors toexplaine the importance of this principle in international transactions.In the first part it is tried to explain the concept of Good Faith. Thenit is shown the place of this principle in Common Law and Civil Lawsystems. In the second part of this article, it is explained the place ofGood Faith in international Commercial documents like CISG, PECLand UNIDROIT. In this part we can see the great expansion anddevelopment in the scope of Good Faith principle in new internationalcommercial documents. All of these lead us to have an independent common law. The aim of this study is to consider the notion and elements ofevasion of law in private international law as a limitation of party autonomy.It will consider the relationship of this doctrine to other institutions such asavoidance, public policy, good faith and mandatory rules, and will discusswhether or not it can be considered as a proper device for limiting freedomof choice by the parties. Consideration will also be given to the existenceof this doctrine in private international conventions in particular the RomeConvention on the Law Applicable to Contractual Obligations, 1980. Manuscript profile

Open Access Article

9 - The Concept of Natural Law and International Law inThomas Hobbes’s Political Thought
Malek Yahya Salahi Vahed Amini

Many authorities believe that new attitude to the concept of Code, Natural Law and InternationalLaw has been theorized through Thomas Hobbes viewpoints in the ground of modernthought. The influence of Natural law theories in the International Law began along withfrom th More

Many authorities believe that new attitude to the concept of Code, Natural Law and InternationalLaw has been theorized through Thomas Hobbes viewpoints in the ground of modernthought. The influence of Natural law theories in the International Law began along withfrom the beginning of 16th century the genesis of International Law. However,17th centurywas the time of science dynamism. In this situation Hobbes began his effort to explain theprinciples of the existence of political society and his doctrine would become the Firstmodern moral philosophy, because it was a philosophy that completely accepted consequencesof modern Natural Sciences and related ancient relativism in the form of “LegalTheory”, according to which man’s natural law explicates the thing that man desires to do.Then Natural Law derived from Natural Code. As a theoretician of modern Natural Law,Hobbes was among those who merely believed in Natural Law in the international relationsand denied the existence of Subject Law and only assigned Natural Law as the basis ofInternational Law. His book, leviathan, as a great and unique masterpiece in the field ofpolitical philosophy, written in English, best indicates his effort in scrutinizing concepts likecode, Natural Law, Politics Science, Political Power and Sovereignty. This essay aims tostudy Thomas Hobbes attitude to code concepts, Natural Law, Natural Codes InternationalLaw, Natural Situation, Political Society, Political Power and Leviathan by contemplationthrough his theorization and research through his political thought. Manuscript profile

Open Access Article

10 - Examining the Condition of Alevis in Turkey in Light of the Freedom of Religion and Conscience and Religious Minority Rights in International Law
Ismail Kurun

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11 - A Comparative Study of the Refugee Admission Pattern by the Islamic Government and Western States
Esmail Ragheb Babaii Hojatollah Salimi Torkamani, Saleh Rezaii PishRobat Hossein Rostamzad

10.30495/jijl.2022.66160.1526

Asylum in another country has a history for various reasons. Although our country, Iran, has a smaller population of asylum seekers than other Western countries, it still receives a large number of foreign nationals. This analytical-descriptive study seeks to examine th More

Asylum in another country has a history for various reasons. Although our country, Iran, has a smaller population of asylum seekers than other Western countries, it still receives a large number of foreign nationals. This analytical-descriptive study seeks to examine the practice of the Islamic Republic of Iran in dealing with refugees, while comparing with the Western practice of this action. It was concluded that the Western practice of accepting refugees through unconventional sexual behavior is incompatible with the principles of health security as well as the responsibility of protecting the family. Acceptance due to political problems is considered a violation of the principle of neutrality, which is specified in the custom of international law. Admission through conversion has largely become a means of accepting asylum without the conditions of entitlement. However, the Islamic Republic of Iran, based on the principles of Velayat-e-Faqih, has accepted refugees from other countries in the framework of supporting the oppressed, and at the same time has always observed the principle of neutrality. International law sources oblige countries to prohibit arbitrary deprivation of citizenship, so there is no specific requirement for countries to grant citizenship, and the Islamic Republic of Iran cannot be criticized for not granting citizenship to Afghan citizens, due to the country's economic problems. Is to distribute job opportunities with the necessary measures, in which case the restrictions imposed are in line with international standards. Manuscript profile

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12 - Investigating the dominant domain (warning) in the law
Parviz Akbari Asghar Arabian

The irrational rule (alert) is derived from one of Ali's ('a) judgments, which is mentioned in a narration from Imam Sadiq (AS), "The Height of My Commander Aware," that is, the one who warns against the excusable guarantor. Accordingly, before giving a harmful act, the More

The irrational rule (alert) is derived from one of Ali's ('a) judgments, which is mentioned in a narration from Imam Sadiq (AS), "The Height of My Commander Aware," that is, the one who warns against the excusable guarantor. Accordingly, before giving a harmful act, the warner and awareness required to escape the danger, the warner will be exempted from liability if he or she does not care about the arrival of the damage. This jurisprudential rule, which is in fact one of the guilty parties, is proven by rational and convincing reasons that many scholars have investigated. But the basic thrust of this paper is to what extent is the scope and scope of this rule? By reviewing the jurisprudential and legal writings and legal and analytical and descriptive methods and using library tools in order to reveal this scope, we will review the scope of the application of this rule in a variety of domestic and foreign domestic and international obligations. Manuscript profile

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13 - Geopolitical and environmental study of artificial islands in the Persian Gulf (From the perspective of international law)
sona ghasemi Seyed-Abbas Poorhashemi ali zare parvin farshchi hermidas bavand

10.22034/jest.2019.18736.2806

According to the 1982 convention of the seas, constructing artificial islands is permitted, and countries can build artificial islands in their own territory. However, creating artificial islands in the Persian Gulf area makes the countries in the region, especially Ira More

According to the 1982 convention of the seas, constructing artificial islands is permitted, and countries can build artificial islands in their own territory. However, creating artificial islands in the Persian Gulf area makes the countries in the region, especially Iran, pursue the issue more sensitively. Moreover, according to principles of International Environmental Law, the countries that construct artificial islands should provide other countries with the required information regarding the construction and properties of their own artificial islands.Today, artificial island construction is being increased, and this has caused many environmental crises, including the increase of water darkness and pollution and transport of coastal sediments. This article analyzed the destructive impacts of constructing artificial islands in the Persian Gulf environment, the effect of development of new land space from geopolitical view, and building artificial islands from the viewpoint of International Law of the seas are being reviewed. Moreover, because the notion of governance in modern International Law has been modified regarding the use of the environment and sustainable development, the countries constructing these islands and coastal countries will have limited rights to build artificial islands. Manuscript profile

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14 - With a Glance to the Implementation of Environmental Treaties
Seyed Abbas Poorhashemi mojtaba sobhaninia

10.22034/jest.2020.33284.4124

One of the legal problems of the implementation of international law in general and international environmental law in particular in Iran is the lack of a clear legal definition of the place of international treaties in the legal system. International treaties are norms More

One of the legal problems of the implementation of international law in general and international environmental law in particular in Iran is the lack of a clear legal definition of the place of international treaties in the legal system. International treaties are norms that have no place in the hierarchy of different legal systems (based on the relationship between domestic and international law) and in some countries are superior to ordinary laws, in others they are considered the breadth of ordinary laws, and in others it is considered a lower position than the normal law. In the Iranian legal system, due to the ambiguity in the laws regarding the status of the treaty, each of the three mentioned theories has been supported by some jurists. The result of the present article, by examining and analyzing the practical procedures adopted by the three powers of the Islamic Republic of Iran, is that the Iranian legal system has chosen the approach of equality of international treaty law (and not the entire international legal system) with the domestic legal system. Manuscript profile

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15 - International Responsibility of the Sponsoring State for Exploitation of the Area Resources in Light of the Requirements of International Environmental Law
Javad Salehi Hossein Alekajbaf

10.30495/jest.2020.36357.4296

The obligations of the Sponsoring State are subject to liability arising from the requirements of international environmental law. The obligations of the Sponsoring State in protecting the environment of the area are of an appropriate nature, assessment, precaution, pre More

The obligations of the Sponsoring State are subject to liability arising from the requirements of international environmental law. The obligations of the Sponsoring State in protecting the environment of the area are of an appropriate nature, assessment, precaution, prevention, control and compensation. However, if the Sponsoring State has taken all necessary and appropriate measures to the best of its ability to bind the sponsored contractor, it will not be liable for damages resulting from the contractor's activities. This situation means that the damages resulting from the contractor's activity to exploit the resources of the area are not compensated. However, the international community should not, in any case, suffer the damage caused by the contractor's activities to the marine environment. Undoubtedly, the inability of the Sponsoring State to control and oblige the contractor to fully comply with international standards in the exploration and extraction of marine resources should not be taken into account by the international community. It is imperative that the Sponsoring State be absolutely responsible for the damages caused by the contractor. If the damage is due to the fault of the contractor, the Sponsoring State shall compensate it and then deduct it from the contractor's bail. If the damage caused by the negligence of the Sponsoring State, it should compensate the same damage so that in any case the damage to the marine environment is not left unattended and the damage is not inflicted on the international community body. Manuscript profile

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16 - Granting legal personality to the elements of nature in the light of sustainable development
Zahra Sharegh Hossein Rezazadeh

10.30495/jest.2022.60003.5351

After World War II , the concept of sustainable development was introduced in order to balance the protection of the environment with the enjoyment of fundamental human rights, including the right to development; So that the exercise of human rights is not an excuse to More

After World War II , the concept of sustainable development was introduced in order to balance the protection of the environment with the enjoyment of fundamental human rights, including the right to development; So that the exercise of human rights is not an excuse to destroy the environment. In fact, human beings realized that any damage to the environment ultimately endangers human beings and their dignity, and therefore, along with economic and social elements, environmental sustainability was identified as one elements of sustainable development. The present study seeks to examine how some governments, by identifying legal personality for the elements of nature, have taken steps towards environmental sustainability and ultimately the realization of sustainable development. It is a type of basic research that is descriptive-analytical and using library resources as well as using electronic resources including books, articles, dissertations, official conferences related to the subject (regional and international)in Persian and English languages and after raising the issue and clarifying the hypotheses, the data in accordance with the research questions in national and international judicial documents and procedures(both Persian and Latin)have been searched, collected, summarized and analyzed. One of the measures taken in recent years to environmental sustainability, has been recognized legal personality to the elements of nature. The practice of some countries, especially since 2008,shows that in order to achieve environmental sustainability, at the level of legislation or the procedure of the courts, the elements of nature have been recognized as rightful and representatives have been appointed to pursue their rights. Overall, developments in environmental law show that the identification of legal personality for the elements of nature has created a new development in the field of environmental law and sustainable development that is rapidly expanding in the international community. So that many governments can use this experience to take this step to provide the necessary grounds for greater environmental protection around the world. Manuscript profile

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17 - Different Approaches for the Implementation of International Environmental Law in the Domestic Law of selected Countries with a review of the Iranian Legal System
azam parandeh motlagh shirin shirazian ali zare

10.30495/jest.2023.55548.5196

The enforcement of international environmental law in various legal systems is one of the most up-to-date issues of The enforcement of international environmental law in various legal systems is one of the most up-to-date contemporary international law issues. In this More

The enforcement of international environmental law in various legal systems is one of the most up-to-date issues of The enforcement of international environmental law in various legal systems is one of the most up-to-date contemporary international law issues. In this regard, Article 9 of the Iranian Civil Code has provided a solution for implementing international treaties. However, in addition to its interpretation, it could not be applied to other international law sources such as international customary law or decisions of international courts. This article aims to examine the different approaches to implementing international environmental law in the domestic law of countries with a view of the Iranian legal system. Based on an analytical approach and an inductive approach, this study also considers possible legislative solutions for effective international environmental law enforcement in Iran. Investigations and studies of this research have shown that there are credible legal capacities in the Iranian legal system for effective enforcement of international law despite legal uncertainties and enforcement constraints. At the same time, it is necessary to enact laws and regulations to clearly explain the relationship between Iranian domestic law and international customary and contractual obligations.   Manuscript profile

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18 - Environmental terrorism risk management solutions with a focus on prevention in the light of international law
behrooz sepehri Nowruz Kargari Mohammad Ashouri ghassem ghassemi

The inescapable dependence and connection of living organisms with the environment, along with the ease of contagion and the cross-border nature of the harmful effects of destructive environmental actions, increases the risk of serious vulnerability of humans if the env More

The inescapable dependence and connection of living organisms with the environment, along with the ease of contagion and the cross-border nature of the harmful effects of destructive environmental actions, increases the risk of serious vulnerability of humans if the environment becomes a target or tool by terrorist groups. Such a way that it is possible, as a result of environmental terrorism, the life and health of a wide range of human societies may suffer irreparable injuries and cause extensive damages. For this reason, in order to fight against environmental terrorism and control the risks its injuries, it is not enough to criminalize and determine the legal punishment for the perpetrators, but it is necessary to think of comprehensive and universal preventive measures. In order to avoid the terrible dangers of environmental terrorism as much as possible, must considering the international norms, measures to prevent environmental terrorism be foreseen. The present research has been done in a descriptive-analytical manner and in the form of citations through the use of library and electronic resources including books, articles, dissertations, regulations and international documents in Persian and English languages. Deterrent norms in the prevention of environmental terrorism in international documents, in the form of measures such as the prohibition of supporting terrorism, norms related to humanitarian rights, curbing the development of weapons of mass destruction, norms related to environmental protection, necessary measures to protect agricultural products and other basic needs. And also assuming the occurrence of terrorist behaviors, supporting the victims and restoring the previous situation under the light of transitional justice, they are among the measures that will be effective in preventing or mitigating the risks caused by environmental terrorism. International documents and norms indicate that the experiences of historical events have made the international communities understand the terrible dangers of environmental terrorism and predict measures, albeit incomplete, to prevent the occurrence or neutralize the effects of such terrorism. Manuscript profile

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19 - Identification of Jus Cogens Norms of International Law with a Glance to the Possibility of Emergence of Jus Cogens Norms of International Environmental Law
mojtaba sobhaninia Mohsen Abdollahi Abbas Poorhashemi

Jus Cogens norms of international law are among the key concepts cotibuting the development of international law. These norms stand out among other international norms because they uphold the fundamental values of the international community; contrary to mutual internat More

Jus Cogens norms of international law are among the key concepts cotibuting the development of international law. These norms stand out among other international norms because they uphold the fundamental values of the international community; contrary to mutual international obligations, these norms are owed by and in the interest of all states. Although there is no uncertainty regarding the concept of Jus Cogens norms in the international law literature, the identification parameters and contents of such norms have always been subject to debate.  Therefore, it is both controversial and difficult to explain the nature of Jus Cogens norms and develop an effective solution to identify them. This descriptive-analytical desk research seeks to answer this question: What criteria could be helpful in identifying such norms against the backdrop of international law? And consequently which Jus Cogens norms belong to the realm of international environmental law. To shed light on how to correctly identify Jus Cogens norms, this study proposes and examines two criteria: the 'rule of general international law" and the "acceptance and recognition". The results show that some principles of international environmental law, despite the fact that have the potential to become Jus Cogens norms, they have not been able to achieve that status, yet. Manuscript profile

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20 - Legal and Quranic dimensions against financial terrorism with a focus on human rights
Somayeh Sarrami Nafiseh Nekouei Mehr Seyed Mohammad Sadegh Tabatabaei

10.30495/qsf.2021.683433

In Iranian law, the term terrorism has been used many times, but the mentioned applications are not in the field of criminology and legal fight against terrorism, but the general responsibilities of the police and the Ministry of Interior is mainly explained. Given that More

In Iranian law, the term terrorism has been used many times, but the mentioned applications are not in the field of criminology and legal fight against terrorism, but the general responsibilities of the police and the Ministry of Interior is mainly explained. Given that Iran's name is on the FATF blacklist these days, it was necessary to study Iran's membership in various multilateral treaties on the prohibition of international terrorism in order to determine whether Iran's law is consistent with international law in the field of international terrorism. This article first deals with the definitions of terrorism in the laws and the Qur'an, and then deals with the laws of Iranian domestic law and membership in anti-terrorism conventions. Finally, it is important to note that Iran has taken effective steps against financial terrorism and it is one of the activists against this crime. Manuscript profile

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21 - The Principle of Resorting to Force in International Relations
Abbas Foladi Maryam Moradi Mohsen Dianat

The purpose of the present study is to review the principle of resorting to force from the view of international relations. The research method is descriptive-analytic and the results showed that resorting to force by any country against another one is condemned from th More

The purpose of the present study is to review the principle of resorting to force from the view of international relations. The research method is descriptive-analytic and the results showed that resorting to force by any country against another one is condemned from the view of international documents including the United Nations Charter. No country is allowed to use force in international relations unless it is attacked and wants to defend itself by resorting to force. Peaceful intervention and resorting to force is permitted only if the Security Council of the United Nation detects a systematic and extensive fault in human rights which is threatening and against international peace and security. Resorting to force which involves threatening or using force without the official permission of the Security Council is regarded as a definite violation of the United Nations Charter. In case of violation of national sovereignty or human rights by any of the United Nations members, the principle of resorting to force in international relations should be applied with special care so that it won’t be regarded as a violation and unilateral application of force by more powerful countries. Manuscript profile

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22 - The study of the formation and functioning of the “Response to Protect Doctrine” in International Law
Mohammadreza hakakzadeh Arezoo Bozorg doagoo

10.22034/sej.2019.668960

The growing proliferation of UN-oriented international organizations and their role in shaping human life has led the international community to witness new horizons in international law, one of the most important doctrines presented in The new horizons of international More

The growing proliferation of UN-oriented international organizations and their role in shaping human life has led the international community to witness new horizons in international law, one of the most important doctrines presented in The new horizons of international law are the doctrine of the responsibility of support, a doctrine that has become a special place in the development of a universal normality today in the theoretical discussions of international law thinkers, which, given the importance of the subject in this The paper, while addressing the fundamentals and features of the doctrine of responsibility for support Opponents point of view and understand the meaning of it, the doctrine of responsibility to protect the fundamental question of how to operate Square has been achieved? Research findings suggest that although the doctrine has already been cited in crises such as the Darfur crisis, Libya, and even Tsunami Haiti and today in Syria, however, political restrictions are, in fact, the subject of the intervention of great powers and recourse to this doctrine to interfere with the pretext of human rights in other countries and undermine the principle of independence and sovereignty and regional instability. Manuscript profile

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23 - Tourism Development and Human Rights
Davood Ghahremani

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24 - Examining the position of the right to a healthy environment in international law
farzaneh dashti Ehsan Roham

The right to a healthy environment is one of the basic human rights. This right actually reflects high values such as the right to life, the right to health, and the right to live with a standard, and it is closely related to the prerequisites for the continuation of th More

The right to a healthy environment is one of the basic human rights. This right actually reflects high values such as the right to life, the right to health, and the right to live with a standard, and it is closely related to the prerequisites for the continuation of the life of the current generation and future generations. In fact, this right is in accordance with the collective requirements and today the necessity of raising this right has caused more attention to be paid to it. In this regard, many international documents, both binding and non-binding, such as the Universal Declaration of Human Rights, the Covenant on Civil and Political Rights, and the Covenant on Economic, Social and Cultural Rights, explicitly and implicitly emphasize the right to a healthy environment. In this article, which is done with a descriptive-analytical method, we have tried to examine and recognize this right by emphasizing human rights. The results of the present research show that despite the fact that several laws have been passed in order to protect the environment and in each of the international documents the right to the environment has been emphasized in some way, it has not been enough. Therefore, this requires a global and comprehensive effort to achieve an ideal in this regard. Manuscript profile

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25 - The international responsibility of the Persian Gulf countries for marine pollution caused by oil and gas extraction from the perspective of international marine environmental law.
mohamad masouri azade mirzaei elnaz Heravi

Marine environmental international law is one of the trends in international law that tries to oblige governments to comply with the necessary laws and measures needed to maintain biological resources, organisms and the health of the seas. The presence of rich oil and g More

Marine environmental international law is one of the trends in international law that tries to oblige governments to comply with the necessary laws and measures needed to maintain biological resources, organisms and the health of the seas. The presence of rich oil and gas resources in the sensitive and strategic region of the Persian Gulf and its environmental characteristics have recognized this region as one of the most important strategic regions in the world, which is exposed to severe environmental pollution and destruction. . The creation of these pollutions should result in civil responsibility for the polluting country under the title of international responsibility, which was the purpose of establishing an organization called RAPMI. In this article, an attempt has been made to deal with the issue by combining the articles of the Human Rights Commission and the 1978 Kuwait Convention, that if a government causes environmental pollution to enter the Persian Gulf due to oil and gas extraction, its responsibility. How is the country compared to other countries? This responsibility, which can be called the "responsibility of international marine environmental rights, needs to hold more international gatherings and meetings in order for it to become more and more realistic. Manuscript profile

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26 - Examining the principle of joint responsibility of ‎governments in international environmental law and its ‎relationship with the position of the rule of fairness in Iranian ‎law
Mir hasan riazi &lrm; Ali Faqih Habibi Ali &lrm; Mashhadi Mansour pour Nouri

The principle of common but distinct responsibilities as a very subtle technique has helped governments to come together to ratify several international environmental conventions and thus enforce the rule of law and develop international environmental law. The global de More

The principle of common but distinct responsibilities as a very subtle technique has helped governments to come together to ratify several international environmental conventions and thus enforce the rule of law and develop international environmental law. The global desire for international cooperation in the direction of environmental protection has been specified in many binding and non-binding documents of international environmental law, which can be considered as the beginning of principle 24 of the Stockholm Declaration of 1972. Equity in jurisdictions subject to English Common Law refers to a set of general rules that "governe all laws" and "all civil laws derive from it" and form the foundation of the Common Law legal system. In this research, using the descriptive-analytical method, an attempt has been made to examine the principle of joint responsibility of governments in international environmental laws and its relationship with the position of the rule of equity in Iranian law. The basic question is that the principle of joint responsibility of governments in What is the relationship between international environmental laws and the principle of fairness, the resulting result indicates that fairness is not affected by any government law" and is everything, even beyond the law. Fairness allows the courts to act as they see fit; and apply justice in accordance with natural law Sometimes in the interpretation of the law, sometimes in filling the void of the law, and sometimes instead of the law, it is one of the examples and reflection of "just principles" and it is considered part of the rights at the decision-making level, and referring to it does not require the consent of the parties to the dispute. Manuscript profile

Open Access Article

27 - Historical course of flexibility in international treaties
عمیق amigh محمد ادیبی مهر علی پور قصاب امیری

The social developments of the day have begun to decline and disappear. But Islamic law with the feature of flexibility, has a solid and complete program to bring man to happiness in this world and the hereafter, and by maintaining dynamism, flexibility and the ability More

The social developments of the day have begun to decline and disappear. But Islamic law with the feature of flexibility, has a solid and complete program to bring man to happiness in this world and the hereafter, and by maintaining dynamism, flexibility and the ability to adapt to the temporal and spatial conditions in each period, the laws It has the necessary power to meet the needs of different human societies over time without changing its principles and foundations. In other words, the Islamic legal system is a living being that has changed and remained dynamic based on various temporal and spatial variables while maintaining its original and fixed identity.In this study, while stating examples of practical rules that indicate the flexibility and simplicity of Islamic law, the historical course of flexibility in treaties, factors that make it possible for Islamic laws to adapt to social changes, and strengthening the culture Flexibility and increased gravity are emphasized along with toughness.This article has been done in a descriptive-analytical method with the help of library tools and the analysis of thematic points and the inference of legal jurisprudential propositions. Manuscript profile

Open Access Article

28 - Le rôle de l'éthique dans l'adhésion aux traités internationaux dans l'histoire contemporaine de l'Iran
omid amigh mohamad adibi ali por

Ethics in adherence to international treaties has always been considered by philosophers, scientists and jurists, especially in the contemporary history of Iran, as a rational necessity and a necessity of a healthy social life. Governments are logically inclined to main More

Ethics in adherence to international treaties has always been considered by philosophers, scientists and jurists, especially in the contemporary history of Iran, as a rational necessity and a necessity of a healthy social life. Governments are logically inclined to maintain their material and spiritual assets, especially their international prestige; And the ethics of commitment and responsibility will greatly help to increase that capital. Thus, adherence to the ethics of the treaty has often been used as a way to legitimize individuals in societies and has become a solid intangible guarantee during legal and political guarantees.By examining it in jurisprudence and law, in addition to explaining the extent to which governments adhere to treaties and treaties, especially in the international arena, which has always been a concern of governments in the history of nations, can also be considered by the country's diplomatic apparatus. To take. Therefore, in this article, by examining the role of ethics in the need to adhere to international treaties as one of the principles of foreign relations of the Islamic State and the basis of Islamic ethics in treaties, the distinction and commonality of ethics and law, citing verses, hadiths, reason And the international custom, following the basic solutions, deals with the duty of ethics in the law of international treaties in the contemporary history of Iran. Because the author believes that if the position of ethics in such sensitive international relations and its observance is properly explained, they will achieve it. Manuscript profile

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29 - Homogeneity in Social Mapping According to International Law
roya moradi Yadollah Maleki shirmohamad alipour abdoli

The principle of equality in the documents and declarations of international law, consider the social existence of man and emphasize the necessity of respecting the equal rights of individuals based on the freedom of the right to participate in self-determination, elimi More

The principle of equality in the documents and declarations of international law, consider the social existence of man and emphasize the necessity of respecting the equal rights of individuals based on the freedom of the right to participate in self-determination, eliminate discrimination, and achieve human social rights, regardless of differences. The research, using the descriptive-analytical method, and related sources and texts, has examined the issue of equality of social roles of people in different societies without discrimination, from the point of view of international law. Is a person free according to his capabilities in creating a social role, or does ethnicity, nationality, race affect this? Or is the equality in social participation affected by nationality, race, and religion? According to the research findings, the articles of the Universal Declaration of Human Rights underscores ethnicity, nationality, race, skin color, gender, and religion should not cause discrimination, lack of equal rights and social participation in society. Manuscript profile

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30 - The Emergence of International laws and Regulations of States against Terrorism from the Perspective of International Law
Amin Amini Zare AboMohamad Asgarkhani Maryam Moradi

Amin Amini Zare[1],AboMohamad Asgarkhani[2]*,Maryam Moradi[3] Abstract: Terrorism has been the subject of considerable reflection and research in various fields of the humanities, including international law. The purpose of this article is to investigate the origins o More

Amin Amini Zare[1],AboMohamad Asgarkhani[2]*,Maryam Moradi[3] Abstract: Terrorism has been the subject of considerable reflection and research in various fields of the humanities, including international law. The purpose of this article is to investigate the origins of international regulations of world governments in the fight against terrorism from the perspective of international law, which is followed by a descriptive-analytical method. According to the results the contemporary era has witnessed a lack of agreement and collective success in countering and eliminating the phenomenon of terrorism. The reason for this can be attributed to the lack of relative unity in defining the nature of the terrorist act, which in turn confuses and inefficiencies the forms of confrontation with it and institutions such as the United Nations.  Although, the structure of international law has not become fruitful and final solutions due to the use of power by powerful governments in their interests. [1].PhD student in Public International Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran. [2].Professor, Department of Law and Political Science, Qeshm Branch, Islamic Azad University, Qeshm, Iran,Corresponding Author [3].Assistant Professor, Faculty of Law,Qeshm Branch, Islamic Azad University, Qeshm, Iran Manuscript profile

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31 - Legal Challenges of Nano-technology in International law and Iranian law: Legal Solutions
Niloofar Sadeghi Abbas Poorhashemi Ali Mashhadi Ali Faghihhabibi

Nanotechnology and its various applications, especially in the field of environment, not only caused the prevention and elimination of environmental pollution and environmental protection but could also lead to sustainable development. Of course, the potential dangers o More

Nanotechnology and its various applications, especially in the field of environment, not only caused the prevention and elimination of environmental pollution and environmental protection but could also lead to sustainable development. Of course, the potential dangers of some Nano-material could lead to environmental degradation or pollution. The rapid advances in Nano-technology have challenged traditional legislative regimes in both international law and national law, including in the field of the environment. The subject of this research is to investigate the legal gaps in nanotechnology, which has been done to determine the legal challenges in the use of this technology and also provide legal solutions. The present article is descriptive-analytical and finally, it has been concluded that if a coordinated effort is made between the various parts of the regulatory system at the national and international levels, it is possible to solve challenges and it can lead to the development of regulations at national and international levels. The development of new and special laws to eliminate the shortcomings of the existing regulatory system is one of the solutions. Manuscript profile

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32 - Foundations of Dejudicialization and its Forms in the Iranian and International Penal System
Amir Azarmanshah Tayebeh Bijani Mirza

Amir Hossein Azarmanshah[1] Tayebeh Bijani Mirza[2]   Abstract: Dejudicialization is one of the most important issues that have been occupying the minds of criminal law practitioners as the criminal population grows; this is because criminal prosecution is a two-wa More

Amir Hossein Azarmanshah[1] Tayebeh Bijani Mirza[2]   Abstract: Dejudicialization is one of the most important issues that have been occupying the minds of criminal law practitioners as the criminal population grows; this is because criminal prosecution is a two-way issue that deals with the rights and freedoms of individuals in society on the one hand, and with public order and security on the other. As new conditions and requireements emerge, criminal law has had to comply with new human rights considerations in its proceedings, including the principles governing punishment, those that criminal law must seek to adopt new human rights approaches, in accordance with these principles. There is no doubt that this issue and its requirement are not only for domestic criminal law, but also for international criminal law. Explain that, today, the need for trial and punishment of international criminals is not hidden from anyone. [1]- Ph.D. Student in Criminal Law and Criminology, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran [2]-Assistant Professor, Department of Criminal Law and Criminology, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran:Corresponding Author   Manuscript profile

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33 - Food Security in Iran and International Law
abas sori alimohamad falahzade Ahmad Markazmalmiri

The purpose of this study is to investigate food security in Iran and the international legal system. Given the importance of food security in ensuring public health and the right to access it as a human right, the need for special research is inevitable. To gather data More

The purpose of this study is to investigate food security in Iran and the international legal system. Given the importance of food security in ensuring public health and the right to access it as a human right, the need for special research is inevitable. To gather data, the library method has been used. An efficient national system for controlling food security helps to improve nutrition and community health, to improve the food industry, to increase production and income levels. Therefore, it is probably important to improve the existing infrastructure and regulations to have an efficient food control system at the national level. Manuscript profile

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34 - Necessity and effect of criminalization of non-international armed conflicts in the Statute of the International Criminal Court
Mohsen Amari Mehdi Hatami Mohammad javad jafari

Mohsen Amari[1], Mehdi Hatami[2]*,Mohammad Javad Jafari[3]   Abstract: In this paper, the need to criminalize non-international armed conflicts and their gradual impact will be examined in a library method by using the note taking.the procedure of the Criminal C More

Mohsen Amari[1], Mehdi Hatami[2]*,Mohammad Javad Jafari[3]   Abstract: In this paper, the need to criminalize non-international armed conflicts and their gradual impact will be examined in a library method by using the note taking.the procedure of the Criminal Court for the former Yugoslavia, subsequently, the Statute of the International Criminal Court in 1998 and the inclusion of the crimes committed in the scope of war crimes, Has led to a massive change towards the codifying of laws to these conflicts and developed. In general, the Statute of the Court exceeded the limits of the customary international law on war conflicts in significant and perceptible cases and imposes new obligations on States Parties.The article is divided into two parts; First, it examines the theoretical foundations of the law of armed conflict, and in the second part, it deals with the necessity and effect of criminalization of non-international armed conflict in the Statute of the International Criminal Court. [1].PhD Student in Public International Law, Department of Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran [2].Assistant Professor and member of the faculty of Law, Department of Law, Faculty of Humanities and Social Sciences, University of Kurdistan, Kurdistan, Iran, Corresponding Author [3]. Assistant Professor and Member of the Faculty of Law, Department of Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran Manuscript profile

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35 - Organized crime of women trafficking and assessment of the international law provisions orientation
Hassan Movassaghi

When human ignored the kind and wise creator for a short moment and picked up the forbidden fruit which Satan had introduced it as the elixir of immortality, it was not assumed that humanity has placed himself in the detrimental situation and begun oppression and ignora More

When human ignored the kind and wise creator for a short moment and picked up the forbidden fruit which Satan had introduced it as the elixir of immortality, it was not assumed that humanity has placed himself in the detrimental situation and begun oppression and ignorance on mankind. The goal of this research was to familiar with organized crime of women trafficking and assessment of the international law provisions in fighting with this moral issue. The research methodology was documentary and secondary analysis technique and finally, the efficacy and effectiveness of these plans examined referring to the findings. The results showed that, the modern life dream, various discriminations on women in most of human communities, lack of confidence in women and their distance from sustainable development and most importantly lack of priority of fighting with women trafficking as violations of international human rights are the reasons for increase of this violent and criminal trade in the third millennium. Manuscript profile

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36 - The necessities and predictions of international law for settlement of climate change immigrants in destination
Hassan Movassaghi

Old Testament writes that the man forgot obligation and commitment tohis creator for a while and lost the paradise as divine place for vicinity andmercy of the Lord and took the departure journey. However, the almightyGod forgave him and placed him in an intact and pure More

Old Testament writes that the man forgot obligation and commitment tohis creator for a while and lost the paradise as divine place for vicinity andmercy of the Lord and took the departure journey. However, the almightyGod forgave him and placed him in an intact and pure land and did notconsent on his vagrancy. Now due to different reasons, some people leavetheir land and live homeless in the continents. Vagrancy due to globalclimate change is one of the exemplars of mass immigration enhancementwhich their resettlement has been converted to an international challenge.This research aimed at investigating the problems of climate changeimmigration and assessment of the international law regulations inresettlement of the climate change immigration. The research methodologywas documentary and secondary analysis patterns and at the end theefficiency of the implementation of these measures was investigated byfeasibility study relaying on the achievements. The findings show that, theworld countries and international association should pay attention to theresettlement of the climate change immigrants as an opportunity and notas a threat and employ mild legal solutions in comparison to other refugeesto prevent exponential increase of the environmental immigrants andrefugees and their legal and practical uncertainty. Manuscript profile

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37 - Legal Explanation of Security Control of the Strait of Hormuz in International Law
Mahdi Salehi

The legal status of the Strait of Hormuz, considered an international strait, is affected by the rights of international waterways. The security of Iran and the region are interdependent and the international law of the seas does not accept this, except in exceptional c More

The legal status of the Strait of Hormuz, considered an international strait, is affected by the rights of international waterways. The security of Iran and the region are interdependent and the international law of the seas does not accept this, except in exceptional cases during armed conflict and only through inspections of ships. Findings show that the issue of sovereignty over the seas surrounding their land has long been the focus of lawyers and politicians and various theories and doctrines have been put forward. The Strait of Hormuz is of particular security importance internationally and it is the most important shipping bottleneck in the world and the countries of the region and the world depend on it for exports and imports. The most important reason for its superiority over other straits is the strategic location of the Persian Gulf. That adds to the importance of the gorge as an area with the largest proven reserves of energy and the role of the Strait of Hormuz in this strategic region as a link between the Persian Gulf and the energy transmitter of this region to the world.The purpose is to identify the role of the Strait of Hormuz in securing the Islamic Republic of Iran. The methodology of this research is descriptive-analytical and has been made available through the use of library documents and resources and the availability of books and articles.Key words: Strait of Hormuz - National Security - International Law - Persian Gulf - Islamic Republic of Iran Manuscript profile

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38 - A Research on Disposal of Money of Infidel Atheism From Shiite Perspective
abolfazl alishahi

The Respect for property is one of the major objectives that the holy legislator imposes them in which the law does not respect property for them. The basic question is if Muslim travel to the country of disbeliever, is it possible to rub his possessives because there i More

The Respect for property is one of the major objectives that the holy legislator imposes them in which the law does not respect property for them. The basic question is if Muslim travel to the country of disbeliever, is it possible to rub his possessives because there isnâ€™t any respect for his possessives and seize his properties or can term less but only seize in possessives of Infidel Atheism. This research tries to study about Infidel Atheism and prove that the first principle in Islam is to respect the property of others expect the Infidel Atheism. But sure the hostile unbelievers are actually at war with Muslims and they are thinking of damage to Muslims. The author analyses this subject completely in this article. Manuscript profile

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39 - Comparative Analysis of Self-defense in Imami Jurisprudence and International Law
Seyyed Hossein Hosseini Zandabadi Ahamd Abedini Nad Ali Ashouri Reza Abbasian

10.22034/ijrj.2018.544657

Defending is to distance and to banish. The goal of defending is to gain the physical and mental security of the community. Defending is one of the important issues of today in the field of jurisprudence and Islamic law and international law, so that the individual deal More

Defending is to distance and to banish. The goal of defending is to gain the physical and mental security of the community. Defending is one of the important issues of today in the field of jurisprudence and Islamic law and international law, so that the individual deals with the persecution of his soul, personality and reputation. Defending in Islamic jurisprudence and international law has such conditions as the adequacy of defense with danger, military and armed aggression. These two sources are looked differently in some cases. Islam in some cases not only defines the defense as a kind of right but an obligatory duty. And the martyr is introduced as a person who is killed in the defense of privacy. However, it emphasizes the right in some contextual interpretations. The convergence and divergence of the principles of Islam with the foundations of the West begin from this point which is debatable in this study. Manuscript profile

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40 - Guaranteeing enforcement of violations of international law by intellectual property rights owners; A look at historical legal sources
Pezhman Mirkarimi Seyed Bagher Mirabbasi Maryam Moradi

Today, one of the most fundamental concerns of humanity is the maintenance of world peace, security and order, and international law always tries to maintain international order and peace by establishing treaties and establishing organizations. Intellectual property rig More

Today, one of the most fundamental concerns of humanity is the maintenance of world peace, security and order, and international law always tries to maintain international order and peace by establishing treaties and establishing organizations. Intellectual property rights, which in today's world have transcended geographical boundaries due to their excessive use and have become very important internationally, have caused great scientific, cultural, artistic, exploratory and inventive changes. But he has appeared in the international arena with dual faces. On the one hand, growth follows the progress of science, industry and art, and on the other hand, it is a tool in the hands of intellectual property rights holders to violate international peace and security. There are many examples in the world today, such as the use and proliferation of weapons of mass destruction, the monopoly of the right to produce drugs and the lack of access of countries to it, which shows the violation of international peace and security by intellectual property rights holders. But what are the mechanisms by which intellectual property law and international law violate international law and, in fact, international peace and security? Examination of documents related to intellectual property rights and guarantees of their implementation shows that there is no guarantee that international property rights holders who violate international peace and security will violate international peace and security. In international law, the mechanisms provided for in international instruments, except for issuing resolutions, declarations, reporting and announcing them to other governments, do not guarantee practical implementation, Manuscript profile

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41 - Challenges of the Application of International Humanitarian Law in Cyber Warfare
Hasan movassaghi

10.30495/cyberlaw.2022.693894

Looking at war from any angle, we will find it a terrible and violent phenomenon. At the same time, throughout the history, wars and armed conflicts have happened thousands of times and will happen in the future, and humanity cannot escape from it. But, they can be rule More

Looking at war from any angle, we will find it a terrible and violent phenomenon. At the same time, throughout the history, wars and armed conflicts have happened thousands of times and will happen in the future, and humanity cannot escape from it. But, they can be ruled by law and morality, so that wars, which in fact represent conflict of interests, do not turn into savagery and crime. As we witness in the third millennium, the nature and form of warfare is nowadays changing, and this falls under the rules of the international armed conflicts as such that is stipulated under The Tallinn Manual 1 & 2 by the NATO. The research method in this research is descriptive-analytical and the results of the research confirm that it is possible to apply humanitarian standards of international humanitarian law in cyber warfare because war is a phenomenon that affects all sections of a country and causes serious harms. It also affects the right to life and other aspects of human rights, because the first stage of cyber warfare is military and security classified information, and the next stage is the destruction, transfer, change and distortion of information and data related to the people and civilians of the enemy, and, noting that the civilians are not considered as combatants, they must not be the target of cyber-attacks and that the international humanitarian law, which is a common human value, must be applied in such cases. Manuscript profile

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42 - An Introduction to International Law of Cyberspace
Alireza Anabi

10.30495/cyberlaw.2023.699116

The international law of cyberspace is still in its initial stage of development and formation and the relevant international institutions and authorities are consulting on various issues related to the cyberspace. However, all the actors in this field have reached a co More

The international law of cyberspace is still in its initial stage of development and formation and the relevant international institutions and authorities are consulting on various issues related to the cyberspace. However, all the actors in this field have reached a consensus regarding such principles as the principle of freedom of information, the right to privacy, the principle of non-interference in the internal affairs of countries, as well as the principle of prohibiting the use of force in cyberspace, and the binding regulations and documents have been approved and implemented in a global scale in this regard. The nature of the cyberspace needs to be studied and analyzed enough to be able to apply the legal rules of the real space to that space. In this regard, concepts such as the civil responsibility, the criminal responsibility and, especially, the international responsibility and their instances and proofs in cyberspace must be analyzed and adapted. This issue has been covered by the present article.   Manuscript profile

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43 - Challenges of Applying the Principles of Armed Conflict to Cyber Attacks Case Study: Observance of the Principle of Prohibition of the Use of Force and the Principle of Distinction in Cyber Attacks
Zohre Sadeghi MohammadJavad Arabian

10.30495/cyberlaw.2022.693933

Due to the many advantages of cyber attacks as a new method of warfare compared to the conventional and traditional methods of war, the attention of different countries has been drawn to this phenomenon over the recent years. Furthermore, noting the point that the effor More

Due to the many advantages of cyber attacks as a new method of warfare compared to the conventional and traditional methods of war, the attention of different countries has been drawn to this phenomenon over the recent years. Furthermore, noting the point that the efforts of some countries and international assemblies to systematize the tools, methods and effects of this style of attack and conflict still face a lack of consensus and, as a consequence, have not resulted in creation of an international document, the international lawyers have faced many challenges in dealing with this phenomenon and its destructive effects on the important and vital infrastructure of countries and defending the rights of nations against cyber attacks.There are now many legal rules governing the situations in which states can resort to force as well as the point as how they can resort to force in armed conflicts. Some of these rules do not apply specifically to cyber attacks including the rules related to the protection of the Wounded, Sick and Shipwrecked. Other rules include general principles that apply to cyberattacks. Nevertheless, it seems that the gap between conventional weapons such as biological and chemical weapons and methods of cyber-attack can be very large. This article addresses the Principle of Prohibition of the Use of Force and the Principle of Distinction and examines the challenges of applying the same to the cyber attacks. Manuscript profile

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44 - The Scope of the Principle of Non-Use of Force in Cyber Attacks in the Framework of the United Nations Charter
Peyman Hakimzade Khoei Reyhane Derogari

10.30495/cyberlaw.2023.701861

The global interconnectedness created through information technology provides a potentially powerful weapon for states and non-state actors to remotely disable or destroy military defense networks. Sending excessive data requests to an internet website, "server or route More

The global interconnectedness created through information technology provides a potentially powerful weapon for states and non-state actors to remotely disable or destroy military defense networks. Sending excessive data requests to an internet website, "server or router" can be used as a weapon to destroy major information networks or to infiltrate private networks. The present study, employing descriptive-analytical methods, investigates the possibility of applying the Principle of Non-recourse to Force as an absolute rule of international law in relation to cyber-attacks and existing legal challenges. The questions that arise are: can the cyber attacks be prohibited according to the Principle of Non-recourse to Force in the light of the Article 4 of the Paragraph 4 of the Charter? If so, can the cyber attack allow the use of military in legitimate defence as per the Article 51 of the charter? The findings show that although cyber-attacks may not cause physical damage, and in other words, they do not violate Article 2, Clause 4 of the Charter but, the principle of non-intervention, as a powerful international legal tool, can be used by states to protect and counter cyber-attacks Manuscript profile

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45 - Supportive Arrangements of Religious Tourists in the Global Documents
Ali reza keshtkar Masoud Raei Dehqi Manouchehr Tavassoli Naeini

Religious tourism is one of the most common types of tourism because nowadays most people in the world believe in one religion, and this has led to establishing religious tourism around the world; On the other hand, this type of tourism is more at risk than other ones w More

Religious tourism is one of the most common types of tourism because nowadays most people in the world believe in one religion, and this has led to establishing religious tourism around the world; On the other hand, this type of tourism is more at risk than other ones which are due to the religious beliefs, so that sometimes the tourists’ properties and lives are endangered. Therefore, we seek to find out what supporting services for this type of tourist exist in the form of documents internationally. Can international laws and global documents help and support them if their rights as religious tourists are violated? Therefore, the purpose and motivation of this study were to study and recognize the practical documents of the world to deal with the violation of the rights of religious tourists so that they can be properly used by regional and international judicial and quasi-judicial authorities in the first place to prevent and later to realize the rights concerning the tourists’ violated rights. The research method is descriptive-analytical. The research results showed that there are various documents in the international arena; which can certainly have a positive effect on reducing the violation related to religious tourism rights. Countries can reduce many of the world’s political, economic, and social tensions by using general and specific documents. On the other hand, by recognizing the supportive documents of the government officials, the tourists can seek the rights that have been violated and also demand compensation. Manuscript profile

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46 - A Comparative Study of the Concept of Citizenship in Contemporary international Law Systems and Islamic Law
Mosoud Hemmat

Abstract As regard the nationality in Islamic law there are three categories of nationality: Islamic or Uma nationality, contract nationality and national nationality. Islamic nationality is based on "Islamic nation" and contractual nationality is based on Zemme contra More

Abstract As regard the nationality in Islamic law there are three categories of nationality: Islamic or Uma nationality, contract nationality and national nationality. Islamic nationality is based on "Islamic nation" and contractual nationality is based on Zemme contract (a contract between the Islamic government and non-Muslim citizen who have accepted holy book). The Zemme contract is having its basis on faith and national nationality is based on international private law criteria and its base is physical and material. The present paper wants to answer this question that on what principle the concept of nationality in contemporary international law and Islamic law are based? What are the similarities and differences between the two legal systems in question of nationality? The present paper wants to introduce a mix of material and faith principles to examine the concept of nationality from the viewpoint of religious jurisprudence. The paper shows the similarities of Islamic legal system and contemporary international law in the concept of nationality and the differences between the concepts of Islamic nationality and concept of contractual nationality. For examining the legal concept and element related to discussion the descriptive method is used and for explaining the legal values and elements scientific analysis method is used. Manuscript profile

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47 - The Private Military and Security Firms and Humanitarian Law: The Place and Responsibility
Leila Raisi Abdolnaeim Shahriary

The increasing growth of private military and security firms and their presence and activities in armed conflicts scene has led to many problems especially in regard to the status of these firms and their personnel and the humanitarian laws and their responsibilities in More

The increasing growth of private military and security firms and their presence and activities in armed conflicts scene has led to many problems especially in regard to the status of these firms and their personnel and the humanitarian laws and their responsibilities in case of breach of humanitarian laws and regulations. For determining the status of these firms and their personnel, one has to identify each case on its own and take into consideration the criteria of humanitarian international law. Whether they are considered as military personnel or the fall in the category of civilians? In regard the subject of responsibility, in case these firms breach the humanitarian rules, they will be responsible for their performances. But it also should be taken into consideration that besides these firms, the countries that are related to them and the personnel are their citizens and make use of their services and the country which these firms are active and working in their territories will also be responsible in regard to their operations. Manuscript profile

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48 - Legal Considerations in Russia-Georgia Warv
Ali Omidi Masoud Rezaei

International crises have always been a testing arena for international law. In this regard the conflict and war between countries، due to its wider repercussions and its deeper impact، is a more sensitive issue. The study of the observance of the principles and rules o More

International crises have always been a testing arena for international law. In this regard the conflict and war between countries، due to its wider repercussions and its deeper impact، is a more sensitive issue. The study of the observance of the principles and rules of international law in Russia-Georgia war which occurred on 8 August 2008 can be suitable criteria for evaluating the orientations and measures of the two countries. The question raised by the present article is، from legal point where does the Russia-Georgia war stands and what legal justification one can have for the military invasion of Georgia in Southern Ossetia and also the military intervention of Russia to protect the Russian citizens residing in Southern Ossetia. The article by a descriptive-analytical method wants to evaluate the conformity or non-conformity of the stands of the two countries with the principle and rules of international law. The findings of the study shows that the military invasion of Russia to territory of Georgia and also resort to undue force by the Georgian forces in autonomous republic of Southern Ossetia had been contrary to customary and conventional principles of international law and both the warring parties have breached certain aspects of international law. Manuscript profile

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49 - Analysis of NGOs Advisory Status in International Environmental Law
Mahmood Golestani

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50 - Viral World War (VWW): Where do COVID-19, Multilateralism and the International Law Stand?
Adib Bazgir

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51 - The globalization of human rights standards and its effects in Iran's legal system
shabodin qasemi zeinab poor Khaghan Shah Rezaei leila raisi

10.30495/alr.2022.1947363.2241

Field and Aims: The impact of international laws on the normative system of internal laws of countries, especially in the field of law, is one of the interdisciplinary and important issues that is the subject of debate and challenge today. In the internal legal system, More

Field and Aims: The impact of international laws on the normative system of internal laws of countries, especially in the field of law, is one of the interdisciplinary and important issues that is the subject of debate and challenge today. In the internal legal system, obstacles such as giving authenticity to cultural relativism and favoring a specific culture and legal system are an obstacle in this way, that is, the influence of international laws and regulations on the field of domestic law. Different parts of a coherent legal and judicial system, as they exist in internal law, can also be seen in the international law system in a different way. In Iran's legal system, many values of international law have been effective on the approval and change of procedural and substantive laws.Method: The research method is descriptive and analytical.Finding and Conclusion: The main research question is what are the effects of the globalization of human rights on Iran's legal system? The author's hypothesis is that the components of human rights have found a global form as norms of international law. And although it could not affect the  constitution It has affected the internal system and especially the human rights of the countries It has affected the internal system and especially the human rights of the countries. Manuscript profile

Open Access Article

52 - Investigating religious extremism in Afghanistan and Syria in the framework of international law and Russia's foreign policy strategy
Syed Nuruddin Vahadpur Mohsen Diyanat soheil soheily

10.30495/alr.2022.1953983.2307

One of the challenges of the international system (international organizations and norms as well as countries) in the Middle East region and specifically in Afghanistan and Syria is the spread of extremism (religious and ethnic, etc.). Although this issue can be investi More

One of the challenges of the international system (international organizations and norms as well as countries) in the Middle East region and specifically in Afghanistan and Syria is the spread of extremism (religious and ethnic, etc.). Although this issue can be investigated from different dimensions, the purpose of this research is to investigate this issue in Afghanistan and Syria within the framework of international law and Russia's foreign policy strategy. The main question of the article is how the issue of religious extremist groups and their actions as well as the way they are dealt with (states and transnational institutions) are viewed in international law and on the other hand in the foreign policy of Russia in the Middle East. Is? The method of conducting this research is qualitative. The method of data collection is also a library, and the descriptive descriptive method was used to analyze the information. The results of the article show that the main danger of religious extremism in terms of international law is violation of human rights, international peace and security, terrorism and religious freedom within the framework of liberalism discourse. On the other hand, although the Russians have the same interests as Western countries in issues such as the fight against terrorism, the peace process, the prohibition of the proliferation of weapons of mass destruction, the fight against drug trafficking and organized crime, however, in issues such as changing the regimes Political, Manuscript profile

Open Access Article

53 - Iran's international judicial policy regarding the assassination of personalities with a look at the assassination of Lieutenant Sepahbod Qassem Soleimani
mohamad salehi Shahrdad darabi alireza saied

10.30495/alr.2022.1962582.2414

Field and Aims: So far, many actions have been taken against Iranian officials and scientists with the aim of assassinating them and martyring them. Based on this, the American government martyred Sepahbod Qassem Soleimani near the Baghdad airport during an operation in More

Field and Aims: So far, many actions have been taken against Iranian officials and scientists with the aim of assassinating them and martyring them. Based on this, the American government martyred Sepahbod Qassem Soleimani near the Baghdad airport during an operation in 2020. This action was carried out by the order of the President of the United States, Donald Trump, in the form of a drone attack on the territory of Iraq, which violated many international regulations.On the other hand, the Iranian government took measures to counter it, which are part of these measures in the form of legal and judicial measures, which were examined in this research to finally clarify Iran's judicial policy in this field.Finding and Conclusion: Regarding the false claim of the United States that there is a security agreement with Iraq, it should be acknowledged that with reference to Article (3) of this agreement, it is clear that the authorization of terrorist acts or any military operations by the United States on the territory of Iraq, which is in clear contradiction In compliance with the laws, international customs, conventions of the Iraqi government and the spirit that governs it, it is invalid and free from any legal burden. The actions of the Iranian government in the form of judicial measures are divided into two categories: prosecution in international courts (International Court of Justice and International Criminal Court) as well as lawsuits in the domestic courts of the Iraqi government and the domestic courts of Manuscript profile

Open Access Article

54 - The Evolution of the Right to Peaceful Use of Nuclear Energy for Nations In International Law with Emphasis on (Joint Comprehensive Plan of Action)
Parvin Poor saeed Peyman Hakimzade Khoei

10.30495/alr.2022.1949165.2259

Nuclear energy has always been of interest to lawyers and politicians in two ways of military use, and peaceful use since its discovery. Not with standing the provisions of the Global Compact on the Prohibition of Local Weapons, the Inalienable Right to Economic Non Dis More

Nuclear energy has always been of interest to lawyers and politicians in two ways of military use, and peaceful use since its discovery. Not with standing the provisions of the Global Compact on the Prohibition of Local Weapons, the Inalienable Right to Economic Non Discrimination The peaceful use of nuclear energy at all Some aspects of the nuclear states and their supporters in recent decades have been addressed through legal interpretations and they have tried to make arrangements and international actions restrict the scope of this right under the pretext of preventing the proliferation of nuclear weapons. One of these efforts is the Comprehensive Plan of Action Agreement which has imposed restrictions on Iran's peaceful nuclear programs and activities. The present article examines the concept of the right to peaceful use, its features and international efforts to limit it by emphasizing the provisions of the Comprehensive Plan of Action . Manuscript profile

Open Access Article

55 - A comparative study of national and international contexts for combating embezzlement in the banking system with emphasis on the capacity of the law to promote administrative health and prevent corruption
alireza abbasi Alireza Shamshiri soheil soheily

10.30495/alr.2022.1961739.2403

Embezzlement as one of the major banking crimes that undermines public confidence in the government. It has been documented in various domestic and international documents and throughout history. However, there are differences between domestic and international contexts More

Embezzlement as one of the major banking crimes that undermines public confidence in the government. It has been documented in various domestic and international documents and throughout history. However, there are differences between domestic and international contexts of the fight against embezzlement, including the non-criminalization of embezzlement in private institutions and banks, as well as the lack of precedent. The mechanism of international judicial assistance in the field of embezzlement, lack of precise explanation of whistleblowing rules in the fight against embezzlement in Iran's domestic law versus regionality to the international nature of anti-embezzlement law and the lack of guarantees of effective implementation at the international level It is noteworthy for fighting embezzlement.Establishing a healthy administrative system and establishing social justice and preserving public interests and property are the most important actions of governments to preserve the moral values of society, one of their solutions is to prevent waste and looting through embezzlement in the key economic system of governments or in other words At the level of banks. Manuscript profile

Open Access Article

56 - The position and function of the public interest in the international system from the perspective of a systematic analysis of international law
Hassan Alizadeh shilesar Askar Jalalian Hossein Alekajbaf

10.30495/alr.2023.1973619.2489

Field and Aims:The International Society is an area of public interest that has moved from bilateralism to multilateralism with an emphasis on shared values. Systematic solidarity and interaction are needed to create such a society. Systems theory is a set of rules abou More

Field and Aims:The International Society is an area of public interest that has moved from bilateralism to multilateralism with an emphasis on shared values. Systematic solidarity and interaction are needed to create such a society. Systems theory is a set of rules about the relationships between variables in which a change in variables accompanies or precedes the change of others or a combination of them. The present article seeks to answer the question of how the position and function of the public interest can be explained from the perspective of a systematic analysis of international law. The purpose of this study is to explain the position of public interest in order to create stability in the international system.Method: The present research was carried out in a prescriptive-mandatory way.Findings and results: a system in its ideal state is based on regular relationships among a set of norms that distributes the values and interests of its members; In such a situation, the stability of the system will depend on the convergence and dependence of the members in accordance with the macro goals of the system; This will be possible with the commitment to the interests of all, which is in line with the system norms. If the interests of the governments are presented as a common good, with the support of the system structure, it can increase the costs of norm violations, and in this way, the stability of the international system increases. Manuscript profile

Open Access Article

57 - Iran's Challenges on the rights of child labor according to the international law
Mojdeh Pourmohammad Golzari Nobar Behshid Arfania Maryam Afshari Mostafa Taghizadeh Ansari

10.30495/alr.2023.1967741.2460

Field and Aims: Children's rights are considered as special examples of human rights, so ignoring this issue leads to violation of human rights from the international aspect and also has irreparable consequences inside the country. Eliminating child labor is not possibl More

Field and Aims: Children's rights are considered as special examples of human rights, so ignoring this issue leads to violation of human rights from the international aspect and also has irreparable consequences inside the country. Eliminating child labor is not possible except with the union of relevant institutions, the guarantee of effective and continuous legal implementation along with the unification of legal rules.Method: This is a qualitative and applied research in terms of purpose, and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically method to examine the challenges of child labor in Iran with a view on international law. Findings and results: The lack of coordination of the responsible institutions and insufficient budget, along with the economic recession caused by Covid-19 and its effects, are among the most important reasons for child labor not being solved in the country. Ambiguity and contradictions in domestic laws by joining international treaties have made this problem more complicated.The approval of the Law on the Protection of Children and Adolescent Rights in 2019 in Iran has been a positive step for coordination with international laws, but in this law, without changing the age of the child in the previous definitions, people under the 18 are protected in specified cases. Therefore, in cases outside the scope of this law, children do not receive the necessary support. Continued reform of laws is necessary for comprehensive protection. Manuscript profile

Open Access Article

58 - The role of biodiversity protection in achieving sustainable development
Pegah Nik Far Lialestani Hasan Savari Mohammed Hussain ramezani ali mashhadi

10.30495/alr.2022.1949221.2254

Field and Aims: One of the threats to the earth is the loss of biodiversity. Given that the oceans have the highest amount of biodiversity and due to their transboundary nature, the management of marine resources requires interventions at the (national, regional and glo More

Field and Aims: One of the threats to the earth is the loss of biodiversity. Given that the oceans have the highest amount of biodiversity and due to their transboundary nature, the management of marine resources requires interventions at the (national, regional and global) levels. to reduce threats. Based on this, we will address the issue of what role does the protection of biodiversity play in the realization of sustainable development?Method: The present research was carried out with a descriptive-analytical method.Finding and Conclusion: The world is facing more challenges that have far-reaching consequences for humanity. Some of these challenges are socio-economic, such as increasing poverty and political crisis, as well as environmental challenges, such as air pollution, climate change, and biodiversity loss. On the other hand, environmental rights are an important tool for monitoring and managing sustainable development, which is effective in determining environmental protection policies and reasonable and sustainable use of natural resources. Based on this, the sustainable development of the oceans and regulation through the application of the rule of law is one of the new phenomena in the international law of the seas. The declarations of Stockholm 1972, Rio 1992, Johannesburg 2002 stated that the achievement of sustainable development requires the protection of the environment and called for the orientation of international environmental law in line with the concept of sustainable development. In addition, other conventions such as the Law of the Sea, London, Basel, Nagoya and Cartagena are also trying to regulate the protection of the environment and biodiversity, which have been able to create changes in the internal regulations of governments in this regard. Manuscript profile

Open Access Article

59 - The interaction or opposition of the right to development with the limitations of obtaining new atomic technology
Mohammad Redha Farokhy zadeh Zeinab Poorkhaghan Shah Rezaei

10.30495/alr.2023.1953829.2428

Field and Aims: The current era can be called the era of important developments in the field of new technologies. The developments of the world society have led to the creation of new concepts and evolution in the new atomic technology. In line with the inalienable righ More

Field and Aims: The current era can be called the era of important developments in the field of new technologies. The developments of the world society have led to the creation of new concepts and evolution in the new atomic technology. In line with the inalienable right of all nations to access the new atomic technology, laws and legal documents supporting or prohibiting this right will be reviewed. In this way, it is very important to identify the categories of development right and new atomic technology that have dual applications and their connection and reference with laws and treaties. Atomic materials that can lead to the production and proliferation of weapons of mass destruction, at the same time, can be useful in the economic growth and development of countries, including the atom and its derivatives. Method: This research is carried out in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information is analyzed in a descriptive – analytical manner. Finding and Conclusion: In this research, in addition to examining the foundations and principles of the right to development of countries, especially developing countries, the rules of international law regarding new atomic technologies, and especially atomic weapons, have been examined. Therefore, these legal principles and norms governing the limitations of countries, especially the third world countries' access to new atomic technology, in limiting the right of countries to develop, are not in accordance with the rules of international law. All-round access to new technologies and all-round development is the absolute right of all nations, and in general, the right to development is in direct interaction with the attainment of new atomic technology. Therefore, the international community should develop appropriate treaties and laws, show the correct path so that all-round access to these new technologies can be done correctly. Manuscript profile

Open Access Article

60 - Measuring Criminal Rules of Nuclear Law in International Documents
peyman namamian Ebrahim Aghamohammadi

Measuring Criminal Rules of Nuclear Law in International DocumentsPenal Code Penalties within the framework of criminal law as a group of rules applied at national, regional or international level to counteract nuclear-related or radioactive energy-related practices or More

Measuring Criminal Rules of Nuclear Law in International DocumentsPenal Code Penalties within the framework of criminal law as a group of rules applied at national, regional or international level to counteract nuclear-related or radioactive energy-related practices or governments requiring them to be criminally liable. Can be distinguished from other rules of the same manner based on the extremely dangerous nature inherent in nuclear or radioactive energy. The paper seeks to assess international standards for the criminalization of nuclear rights at the international level, including the Convention on the Physical Protection of Nuclear Material, the International Convention for the Suppression of Terrorism, and the UN Security Council resolutions.The paper seeks to assess international standards for the criminalization of nuclear rights at the international level, including the Convention on the Physical Protection of Nuclear Material, the International Convention for the Suppression of Terrorism, and the UN Security Council resolutions.Key Words: Nuclear Terrorism, International Law, Nuclear Law, Criminal Law, International Covenant of Anti-Terrorism, Security Council Resolutions. Manuscript profile

Open Access Article

61 - Position of UAV in International Law
Hadi Ajili Seyyed Mohsen Sajjadi Monireh Karami

DOR:20.1001.1.24234974.1398.12.45.1.2

New technologies, including automatic and self-propelled UAVs, have always been discussed, whose application and use are subject to one of the rules of international law, and whether current international law is at all capable of responding to advances Scientific and mi More

New technologies, including automatic and self-propelled UAVs, have always been discussed, whose application and use are subject to one of the rules of international law, and whether current international law is at all capable of responding to advances Scientific and military, and new technologies. The research is based on this assumption and seeks to state that modern technologies, such as UAVs, are subject to international law and require no new legislation or regulation. The study looked at UAVs at three levels of international air law and the Chicago Convention, International Humanitarian Law, and the important rules of these rights and multilateral export control regimes, and the role of UAVs in each of these three areas. And concludes that current international law has the ability to monitor and implement UAVs with current rules in the three areas mentioned. Manuscript profile

Open Access Article

62 - International Law and Terrorism Issue
Kabak Khabiri Maral Darbandi

Abstract ُSecurity Council of the United Nation Organization, as the only place which has legal right and is authorized to use force in the international interactions. Important developments have occurred in multilateral international treaties between the Convention fo More

Abstract ُSecurity Council of the United Nation Organization, as the only place which has legal right and is authorized to use force in the international interactions. Important developments have occurred in multilateral international treaties between the Convention for the Prevention and Punishment of Terrorism of 1937 and the Inter- American Convention against Terrorism of 2002. This article attempts to explore the question of changes which is occurred, as well as whether these laws have been an effective legal response in combating terrorism. After differentiating between comprehensive and sectoral conventions and between universal and regional conventions, the article comparatively analyzes them based on definitions of offenses, the extent of criminalization, exceptions concerning scope of application, measures to be taken by the states parties, obligatory and optional jurisdiction, obligations of states in the sphere of legal cooperation and assistance, rights of the offender, extradition, exceptions from extradition or legal assistance, and issues not covered by the conventions. Solutions proved to be the most effective against international terrorism and discrepancies and overlaps between the conventions are discussed.   Manuscript profile

Open Access Article

63 - A comparative study of Iran's nuclear activities from the point of view of the jurisprudence of Nafi Sabil and international law
goudarz beyrami atefeh amininia soudeh shamlou

With the discovery of the atom and the increasing development of nuclear energy, extensive efforts were made at the level of the international community for the peaceful use of nuclear energy.The collection of these efforts led to the formation of a set of documents, tr More

With the discovery of the atom and the increasing development of nuclear energy, extensive efforts were made at the level of the international community for the peaceful use of nuclear energy.The collection of these efforts led to the formation of a set of documents, treaties, customary rules and procedures for governments to regulate their nuclear activities within its framework. Today, the use of nuclear energy is an important issue in the world community, and the international law of nuclear activities considers and approves the achievement of peaceful atomic technology as a part of national sovereignty.In this context, Iran's nuclear activity is not separate from this issue, so that in recent decades, the country's nuclear activities have been the focus of the international community. The present article, with descriptive and analytical method, aims to answer the question, why peaceful nuclear activities Is Iran allowed?The results of this research show that Iran's nuclear activities under the protection of the holy Sharia and the principle of sanctity in not using nuclear weapons and in the light of the jurisprudence rule of the Nafisabil rule are only for peaceful purposes and to avoid non-Muslim domination over Muslims. Iran has always proven that it does not use its nuclear activities for peaceful purposes in accordance with international law. Manuscript profile

Open Access Article

64 - Explain the dimensions and components of the position of intellectual property rights in the system of public international law
Pezhman Mirkarimi Seyed Bagher Mirabbasi Maryam Moradi

The purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the More

The purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the world, which is considered one of the most fundamental concerns of humanity today. Intellectual property rights are also a bridge between international law and private law, it is protected by international laws and is considered one of the most important issues of the present age due to its limitless application. Its importance is more evident when it breaks geographical borders in the international arena, brings growth, scientific progress to countries and shows its effect from one country to another. But what is the role and position of intellectual property rights with such broad dimensions on the most important goal and mission of the international law system, which is the realization of global order, peace and security? In this research, by examining the place of intellectual property rights in the international legal system, it was concluded that intellectual property rights, in addition to their positive effects on the fulfillment of international obligations, also have negative effects on these obligations and in some cases, their effects lead to the violation of international obligations. and endangers global peace and security. The production, invention, use and expansion of weapons of mass destruction by the owners of intellectual property rights, monopolizing the production of drugs, medical equipment, vaccines and Manuscript profile

Open Access Article

65 - Investigating the place of international law in the protection of the marine environment against Transportation of hazardous chemicals
Hooman Fathi Seyed Bagher Mirabbasi Mansoor Pournoori

10.22034/ap.2022.1942517.1120

Manuscript profile

Open Access Article

66 - The Impact of Multiculturalism Theory on the Development of Minority Rights in International Law
Ahmad kazemi Mohammad Ali kafaeifar

     It took about five centuries to identify the four cultural minorities (religious, ethnic, linguistic, and national) in international relations and law. Despite this lengthy process, due to the political approach of countries, the recognition of More

     It took about five centuries to identify the four cultural minorities (religious, ethnic, linguistic, and national) in international relations and law. Despite this lengthy process, due to the political approach of countries, the recognition of traditional minority rights (cultural, religious and linguistic rights) in Article 27 of the International Covenant on Civil and Political Rights (1966) was limited and negative. but with the development of the theory of multiculturalism in the 1980s and 1990s and the impact of its teachings on the 1992 Declaration of Minorities, the rights of minorities changed.This article aims to examine the impact of multiculturalism theory on the development of minority rights in international law, seeks to answer the question of what are the dimensions of the development of minority rights under the influence of multiculturalism theory? the writing hypothesis is that after the 1992 Declaration, the circle of minority rights expanded beyond cultural, religious and linguistic rights. this paper uses interrogative strategy and analytical-explanatory method and the theory of multiculturalism. the article identifies new minority rights by examining the 1992 Declaration using legal hermeneutic methods (natural interpretation, contextual and dynamic). these rights include: economic rights, the right to effective participation, the right of contact and the right to egalitarian integration. from the perspective of the Declaration, effective participation in all aspects of public life and the preservation of cultural commonalities is a legitimate manifestation of the right to self-determination in international law. Manuscript profile

Open Access Article

67 - Protection of Cultural and Historical Properties in International law with Review to ICC's Action in Mali's Case
hassan khosravi farid Soltangheys

Destruction of Cultural properties is one of the criminal conducts that occurs in domestic and International armed conflicts. In recent centuries, Spanning and intensification of this occurrence has been afford to be Response by International law. The Aim goal of this A More

Destruction of Cultural properties is one of the criminal conducts that occurs in domestic and International armed conflicts. In recent centuries, Spanning and intensification of this occurrence has been afford to be Response by International law. The Aim goal of this Article is evaluation of historical and Cultural properties protections in International Law and International Criminal Court's(ICC) Response to destruction of Properties during the Mali's Civil war. The article is figure on to show Guarantees of violation of Protecting Cultural and Historical properties especially in Mali case by Analytical descriptive approach. Finding of article shown that the international law has bright obligations and obliged States to protect Cultural and historical properties and in Many Instruments and Treaties Destruction of Religious, cultural and Historical Properties has been Forbidden. This is one of the War crimes Sense and Based to that in the First Case of ICC one of the accused of Destruction of Historical and Cultural properties Has been Convicted to nine years in prison. Manuscript profile

Open Access Article

68 - The Relationship between the Mustache Denial Rule and the Borjam Treaty (Interaction or Conflict)
amanollah farid amrollah nikomanesh ali bahraminejad

Abstract With the coming to power of the Republican government in the United States in 2017, the United States of America created a new challenge for the parties by unilaterally withdrawing from the BRICS agreement. In this article, the researchers, in view of the hosti More

Abstract With the coming to power of the Republican government in the United States in 2017, the United States of America created a new challenge for the parties by unilaterally withdrawing from the BRICS agreement. In this article, the researchers, in view of the hostile view of the current US leaders in "normalizing Iran", try to examine the relationship between the rule of denying the mustache with the Barham Treaty and the principle of fidelity to the covenant. This study deals with the views of earlier and later jurists in assuming the issue and considers the adherent to the covenant in Islam conditional on the commitment of the other party, and at the same time interprets the essence of the rule of denying the mustache as denying the tyrant domination as Mousavi Khomeini, Ruhollah and Khamenei, Seyed Ali Iranian leaders agree. Keywords: Barjam, rule, denial of mustache, fidelity to covenant, international law Manuscript profile

Open Access Article

69 - The unilateral performance of the United States and the European Union in the international arena
Mehdi Ashtari Ali Pourghasab Amiri Fakhrodin Abooye

Governments set their own standards and regulations within the country and enforce them within their territory, but when the scope for implementing or influencing decisions goes to the international level, it is possible to intervene and comment on the establishment and More

Governments set their own standards and regulations within the country and enforce them within their territory, but when the scope for implementing or influencing decisions goes to the international level, it is possible to intervene and comment on the establishment and enactment of laws and norms. Unilateralism occurs, unilateralism occurs. After the Cold War and the collapse of the Soviet Union, the United States, along with European countries, especially Western Europe, has become a new international arena, which after a while with various events in various places, intervened politically, legally, militarily and economically, violating international law. No country, not even the United States, which has a hegemonic role, or the European Union, can intervene in the affairs of other countries, except in one case, according to the principle of non-interference in the internal affairs of countries, to which the United Nations is committed. The exception is the issue of humanitarian law, which should not be unilateral and arbitrary with the permission of the Security Council, while the United States openly violates international trade laws, arbitrarily intervenes militarily in various parts of the world, and political institutions. - Domestic law condemns countries Manuscript profile

Open Access Article

70 - Environmental obligations of governments; Systematic or fragmented politics
sodabeh namdariyan leila resisi dozdaki

10.30495/psq.2021.684266

International Law of water is a subcategory of International environment law which they overlap in terms of applicable laws. While the field of international law of water is a brand-new field and many of its aspects face research gap dealing with each aspect can be rega More

International Law of water is a subcategory of International environment law which they overlap in terms of applicable laws. While the field of international law of water is a brand-new field and many of its aspects face research gap dealing with each aspect can be regarded untapped. States accept obligations through different treaties and conventions by which they are obliged to perform, the field of water which the most important parts are international watercourses and freshwater at the international arena are of high significance. Managing and protecting such waters brings up challenges from the perspective of international law for the watercourses states which it is due to fragmentation of international law. Some believe in coherence and systematic aspect of this field, but some others bearing in mind fragmentation of international law, believe that international law of water is also affected by fragmentation. In this article we attempt, regarding environmental obligations of states, to examine fragmentation and coherence aspects of the existing rules. Manuscript profile

Open Access Article

71 - Analyzing the verdict of illegal immigration from the perspective of Imami jurisprudence
Mohammas Reza Kikha zeinab sanchooli

The issue of immigration has been discussed in Islamic jurisprudence for a long time, and in the present era, due to the fact that this issue has become international and comes into contact with relations between governments, its importance has doubled; Because today in More

The issue of immigration has been discussed in Islamic jurisprudence for a long time, and in the present era, due to the fact that this issue has become international and comes into contact with relations between governments, its importance has doubled; Because today in some parts of the world, we are witnessing genocides, ethnic cleansing and forced migrations, which add to the sensitivity and importance of the migration issue. With this statement, one of the problems that has plagued many countries today is the issue of illegal immigration and its control; So that these countries, in order to create social stability in their society and prevent crime, apply strict laws to control the entry of foreign immigrants into their country. Because the issue of immigration, especially illegal immigration, affects the security of societies and the process of globalization of the economy, and causes restrictions on the labor market as well as widespread unemployment in these countries. Therefore, in this research, which was carried out using a descriptive and analytical method, it is concluded that illegal immigration, due to the harm it causes to the individual and the society; including the fact that there is a fear of losing life, property, and honor, and the security of countries is endangered, and on the other hand, it causes an increase in crime in societies, based on the rule of harm, the rule of negation of mustaches, and the obligation to obey Laws and... are forbidden according to Islamic law. Manuscript profile

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