List of Articles Mankind

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  1 - Recognizing Attributes of the City Based on Hafiz’s Opinions
  Mohammad Naghizadeh
  A shortage (or a lack) in written documents including theoretical foundations of formation of Iranian urban elements and spaces is one of the main problems in the study of Iranian civilization vestiges. Nevertheless, many principles and values, which have played an esse More

  A shortage (or a lack) in written documents including theoretical foundations of formation of Iranian urban elements and spaces is one of the main problems in the study of Iranian civilization vestiges. Nevertheless, many principles and values, which have played an essential role in the formation of Iranian civilization, are indicated in a wide range of written documents, such as philosophical, mystical and poetical literature. Moreover, travel accounts and historic books have mentioned these principles and values, which are derived from Iranian ideology and culture, and play a fundamental role in the definition of Iranian utopia and the ideal environment and space for a desired life. Therefore, classification and documentation of these principles and values in addition to seeking their historical evidences through a series of deep and fundamental researches can compensate for the shortage of written documents. Additionally, the role of these principles and values in the manifestation of Iranian utopia and commentary of attributes of historic cities can be recognized.    This article, as a step, endeavors to introduce the principles and values that should be governed over the Iranian utopia according to Hafiz’s opinions derived from his poems. Hafiz, one of the famous Iranian mystic poets, is inspired from the first Islamic principle: Unity (Towhead). Manuscript profile
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  2 - The Common Heritage of Mankind: The Concept and Application in International Law
  Hamidreza Jamali
  International developments and in particular new international economic order ledto the creation of “the Common Heritage of Mankind” and consists of five elements:non-appropriation, use it for peaceful purposes and benefit of mankind, sharing itsmanagement a More

  International developments and in particular new international economic order ledto the creation of “the Common Heritage of Mankind” and consists of five elements:non-appropriation, use it for peaceful purposes and benefit of mankind, sharing itsmanagement and benefits. Developing and developed states took opposing positionsand had different interpretation about its content. This concept is relatively new ininternational law and during the last decades has attracted considerable attention andgenerated polemical debate in international forums. This has been especially true ofthe CHM’s application to the legal status of resources in “common spaces areas”,and applied too in other issues. Nevertheless, due to substantial confusion over thenature of the concept and its appropriate place in international law; and differentinterpretations, it lacks legal force. It is a philosophical idea that questions theregimes of globally important resources regardless of their situation, and requiresmajor changes in the world to apply its provisions. Its application and enforcementrequire a critical reexamination of many well-established principles and doctrines ofclassical international law.This article aims at exploring the legal theory and the implications of the concept ofCHM. The author by a normative methodology seeks to provide tentative answers tothe questions whether and how concept can be incorporated into the corpus ofinternational law as a legal norm.The author concludes that can be postulated about the present status of the CHMconcept is that it may indicate an emergence general principle of international law. Itis supportable and applicable with human rights and in particular the thirdgeneration of human rights (collective or solidarity rights) and then is an erga omnesand a jus cogens. Manuscript profile
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  3 - Doing Justice to the Political.The International Criminal Court in Uganda and Sudan: A Reply to Sarah Nouwen and Wouter Werner
  Seyed-abbas Poorhashemi Mahmood Golestani
  This article is a reaction to Sarah Nouwen and Wouter Werner, ‘Doing Justice to thePolitical. The International Criminal Court in Uganda and Sudan’, 21 EJIL (2010)941.It takes issue with attempts to understand international law and particularly theworkings o More

  This article is a reaction to Sarah Nouwen and Wouter Werner, ‘Doing Justice to thePolitical. The International Criminal Court in Uganda and Sudan’, 21 EJIL (2010)941.It takes issue with attempts to understand international law and particularly theworkings of the International Criminal Court in terms of Carl Schmitt’s thesis on thepolitical as distinguishing between friend and enemy. My contention is that partiesto a violent/political conflict may try to mobilize the law in their struggle, but thatthe structure of the law itself escapes the logic of the political: law cannotbe‘political’ in the Schmittian sense. The unexpected upshot of this is that Schmitt’snotion of the political may operate as a normative criterion for testing whether legalofficials are still respecting the constraints of their practice. If legal authorities areindeed in the business of defining the enemy of mankind, then they are not doingthis through or with the help of the law. They may simply act against the law. Tosubstantiate this point, the article thinks through the difference betweenconventional and absolute/real enemies and contrasts these notions with thecharacteristics of (international criminal) law. Manuscript profile
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  4 - Human civilizations from the perspective of the Holy Quran
  ali zakeri
  Abstract The civilization we are the inheritors today is the result of thousands of years of labor in different nations, and each has been in charge of keeping the torch of civilization for a short or long time, and has handed the helm to another, and according to the More

  Abstract The civilization we are the inheritors today is the result of thousands of years of labor in different nations, and each has been in charge of keeping the torch of civilization for a short or long time, and has handed the helm to another, and according to the poet everyone came to build a new building, and after a while became the stage for the artist and the other roles. What man has been missing in all times is the true meaning of eternal bliss that is the purpose of the creation of man in the Qur'anic teachings. Recognition the factors of backwardness of Islamic civilization can be of the main tasks of the researchers in the society and the introduction to re-conquest the lofty peaks of human civilization. In this article we have tried to introduce these civilizations briefly and to express the attitude of the Qur'an towards the concept and evidence of the true civilization, and to practice the teachings of the Koran, the human-making civilization of Islam. Manuscript profile
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  5 - Translation of Death in Hossein Monzavi’s Worldview
  Shiva Abazar Tooraj Aghdaie
  Death as an absolute necessity, bound to happen, is unique and belongs to human beings. Whatever we know of death is assured, or at least seems to be the most absolute knowledge of us as human beings. It is an inescapable reality that all creatures will experience it la More

  Death as an absolute necessity, bound to happen, is unique and belongs to human beings. Whatever we know of death is assured, or at least seems to be the most absolute knowledge of us as human beings. It is an inescapable reality that all creatures will experience it later or sooner. The humankind worldview of death is based on his attitudes towards life. Some people believe that it is attractive and fascinating, while others find it horrible and disgusting. It is clear that the way people try to believe in death has roots in their lifestyles and attitudes towards life. Hossein Monzavi, aka “The King of Ghazal”, the famous poet of 1960s and 1970s, could revive ghazal and made it enthralling and romantic. Some of Monzavi’s ghazals are about death, and he attempts to reveal his attitudes towards the concept of death as a bound to happen. He sometimes believes in death doubtlessly, and sometimes fights it. Despite some contradictions in some of his ghazals about death, he doesn’t believe in death as something absurd and conjectural. This paper aims, through an analytical- descriptive method and by investigating Monzavi’s ghazals, to study his worldview and understanding of death. Manuscript profile
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  6 - Mysticism and Preventing Crimes
  علی اعظم رفیع‌نژاد
  In the past centuries, human communities utilized religious laws to purify persons and people out of deviation and to remove delinquencies and to fight against crimes. But with the latest development in technology and sciences, since laws were not renovated and didn’t g More

  In the past centuries, human communities utilized religious laws to purify persons and people out of deviation and to remove delinquencies and to fight against crimes. But with the latest development in technology and sciences, since laws were not renovated and didn’t get along with everyday needs, the human orented materialistic and benefit-seeking viewpoints based on gaining more and further enjoyment overcome various majors of law. In today society, the one who is prone to mysticism and people are inclined toward the core and heart of religion should use the energy for different fields of law, especially preventin crime and other social vulnerabilities and offering necessary solution. Manuscript profile
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  7 - The International Environment and Common Heritage of Mankind
  Hmaidreza Jamali
  The application of the concept of common heritage of mankind within the corpus of environment international law shows that there are considerable problems regarding the conceptual meaning and its application. These problems arise from the meaning of the concept of commo More

  The application of the concept of common heritage of mankind within the corpus of environment international law shows that there are considerable problems regarding the conceptual meaning and its application. These problems arise from the meaning of the concept of common heritage of mankind in regard to the exploitation of resources which are beyond national jurisdiction and its application within the framework of protection of the global environment. These differences in conceptual meaning and lack of proper explanation regarding the essential element of common heritage of mankind particularly in regard to international law of the environment has caused ambiguity, vagueness, and confusion. The question which is raised by present article is that how the concept of common heritage of mankind can be implemented in regard to environment? The present article by a future oriented viewpoint and by a descriptive analytical method examines the application of the concept of common heritage of mankind and the new concept of “common concern” which is used for preservation of the environment. This common concern is about the international environment particularly about the natural heritage of the world, atmosphere, living resources, and diversity of the living species. The paper also discusses the ways to strengthen the legal status of this concept in subject of environment and is of the view that five principles of common heritage of man should exist in it. Manuscript profile
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  8 - Nima Youshij; The Poet of Nature
  عباس باقی نژاد
    Nature has always been the source of inspiration for artists and poets. Nima Yushij, the Iranian contemporary naturalist poet, lived his life in nature, so his poems were shaped in a naturalistic view. The main source of inspiration for him is said to be contem More

    Nature has always been the source of inspiration for artists and poets. Nima Yushij, the Iranian contemporary naturalist poet, lived his life in nature, so his poems were shaped in a naturalistic view. The main source of inspiration for him is said to be contemplating the renewal of Nature and also recognizing the changes in nature. The present article studies the naiveties in his Poems with the above considerations.     Manuscript profile