Security Counci

Open Access Article

1 - 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

2 - The Judiciary Mission of the International Court of Justice against Political Performance of the Security Council in International Disputes
Morteza Ghahremani Seyed Yaser Ziaee

10.22034/sej.2022.1948351.1418

The purpose of the present study is to review the judiciary mission of the International Court of Justice against the political performance of the Security Council in international disputes. The research method is descriptive-analytic and the results showed that the cou More

The purpose of the present study is to review the judiciary mission of the International Court of Justice against the political performance of the Security Council in international disputes. The research method is descriptive-analytic and the results showed that the court should never avoid pursuit of solving important political disputes just because they are in terms of political issues and aspects, even though there were no provable principles in international laws. Manuscript profile

Open Access Article

3 - 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

Open Access Article

4 - Mechanism of the Nature and Competencies of the Supreme National Security Council with Emphasis on Decisions Related to Nuclear Activities
Ali ghorbanpour Abolfazl Ranjbari Mohammad Mazhari

Ali ghorbanpour[1],Abolfazl Ranjbari[2]*,Mohammad Mazhari[3]   Abstract: After the talks on the adoption of Resolution 598 and the ceasefire with Iraq, Iran's nuclear activities are one of the most complex and crucial international crises in More

Ali ghorbanpour[1],Abolfazl Ranjbari[2]*,Mohammad Mazhari[3]   Abstract: After the talks on the adoption of Resolution 598 and the ceasefire with Iraq, Iran's nuclear activities are one of the most complex and crucial international crises in Iran. The purpose of the Constitutional Legislature in establishing the Supreme National Security Council has been to create a specialized and supreme center for the establishment of unity of procedure and the adoption of comprehensive security policies. In fact, the main question is what is the mechanism of the nature and competencies of the Supreme National Security Council in nuclear decisions? Based on the results, it can be said that in the constitutional law system of the Islamic Republic of Iran, the Supreme National Security Council is among the policy-making authorities, and also, considering that the verbal and idiomatic nature of policy-making is related to determining the existing policy and general axes in relation to a certain subject. It can be concluded that an important part of the resolutions of the Supreme National Security Council, which are examples of the exercise of the powers provided for in paragraph 1 of Article One Hundred and Seventy-six. [1].PhD Student in public law, Department of public law, Tabriz branch, Islamic Azad university, Tabriz, Iran. [2].Assistant Professor, Department of public law, Tabriz branch, Islamic Azad university, Tabriz, Iran,Corresponding Author [3].Assistant Professor, Faculty of Law and Social Sciences, University of Tabriz, Iran. Manuscript profile

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5 - The approach of the International Criminal Court regarding the criminal immunity of high-ranking government officials
javad Hoseymikhah karam janipour ghavam karimi

The immunity of high-ranking government officials from the domestic courts of other countries has led to various international procedures and approaches to immunity, responsibility, the formation of mixed criminal courts, and the use of UN Security Council capacities to More

The immunity of high-ranking government officials from the domestic courts of other countries has led to various international procedures and approaches to immunity, responsibility, the formation of mixed criminal courts, and the use of UN Security Council capacities to establish criminal courts between Has created a special international. In parallel with the escalation of large-scale international crime, especially during World War II and the subsequent establishment of the Nuremberg and Tokyo tribunals, the principle of immunity of high-ranking government officials from international crime faced many challenges, culminating in Considered the formation of criminal courts related to the former Yugoslavia and Rwanda and finally the adoption of the Rome Statute to establish the International Criminal Court. Although the legal and judicial procedure of the Court indicates the non-acceptance of immunity arising from official position due to the commission of international crimes, but the descriptive-analytical study of this issue shows the existence of serious challenges and limitations before the Court in performing its legal duties. They can be attributed to the role of political considerations, incompatibility in rulings with acts committed, non-cooperation of member states in cooperating with the Court for various reasons, limitations on the jurisdiction and type and timing of acts committed, as well as restrictions on the relationship between the Court and The UN Security Council noted. Manuscript profile

Open Access Article

6 - Nuclear Terrorism: Conceptual Explanation within the Framework of the United Nation’s Performance
Alireza Golshani Haydar Babanasab Ali Bagheri Mahmoudabadi

Nuclear terrorism is one of the most dangerous and terrible menace for human society and therefore, a serious threat and danger for peace and international security. The United Nations in the direction of fighting and containing nuclear terrorism and maintaining peace a More

Nuclear terrorism is one of the most dangerous and terrible menace for human society and therefore, a serious threat and danger for peace and international security. The United Nations in the direction of fighting and containing nuclear terrorism and maintaining peace and international security has taken several legal steps. The occurrence of September 11, 2001 terrorist events and the possibility of committing similar terrorist acts with nuclear material added urgency to the fight against this kind of terrorism. The Security Council of the United Nations in resolution number 1540 in the year 2004 obligated all the governments to take necessary measures to control and protect nuclear material and prevent the proliferation and expansion of nuclear weapons, and in this way stop nuclear terrorism. Besides this one of the important measures taken in this regard with the initiative of General Assembly and International Atomic Energy Agency was the approval of a convention in 2005 in the General Assembly of the United Nations with a unanimous vote. On the 7th July 2007 after the receipt of twenty second approval document as the thirteenth international anti-terrorist convention put into effect and is binding on all the members. In this convention which includes 28 articles, the legitimate right of all countries for exploitation and peaceful use of nuclear energy was reiterated. This convention is the most important convention of the United Nations about terrorism. The authors of the present article want to describe the legal steps which have been taken in these international institutions, like the measures taken by General Assembly, Security Council and International Atomic Energy Agency, in the direction of flight against terrorism and maintaining peace and international security. Manuscript profile

Open Access Article

7 - Implementation of the binding resolutions of the Security Council, with an emphasis on Resolution No. 2231 (JCPOA)
Mojtaba Nazif Alireza Zaheri

10.30495/alr.2023.1977329.2509

Field and Aims: The Security Council, with its political and powerful structure, is one of the pillars of creating and maintaining international order in the current environment. Among the various decisions of this organ, binding resolutions have a special place. Achiev More

Field and Aims: The Security Council, with its political and powerful structure, is one of the pillars of creating and maintaining international order in the current environment. Among the various decisions of this organ, binding resolutions have a special place. Achieving to/ issuing against a chapter seven resolutions is a very powerful motivation among the actors of the international community. But in the final analysis, the way the resolution is implemented in the structure of the international community and the United Nations itself is more important.Method: The present research was conducted using an analytical method.Finding and Conclusion: By examining the practice of the United Nations and especially the practice of the Security Council, it is clear that the implementation of the resolutions of the seventh chapter is highly politicized and affected by the prevailing international atmosphere. Regardless of the impressive impact of these resolutions, experience has shown that in cases where the binding resolution is in conflict with the interests of a permanent member of the Security Council, even assuming the adoption of such a resolution, its implementation by the UN organs seems very unlikel. Resolution 2231, due to the change in the international atmosphere after its adoption, has not been immune from this scourge, and regardless of its binding structure, it seems very weak in the nature of its power to impose obligations and compulsions against the permanent members of the Security Council. Manuscript profile

Open Access Article

8 - 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

9 - Trump's withdrawal from "JCPOA" and the inefficiency of UN Security Council
morteza nemati zargaran

DOR:20.1001.1.24234974.1399.13.4.2.8

AbstractIran's nuclear program, in the eyes of the West, has the potential to lead to the acquisition of nuclear weapons. Therefore, this program, along with the anti-Westernism of the Islamic Republic, is considered a security threat to the West and especially to the U More

AbstractIran's nuclear program, in the eyes of the West, has the potential to lead to the acquisition of nuclear weapons. Therefore, this program, along with the anti-Westernism of the Islamic Republic, is considered a security threat to the West and especially to the United States.The West has two general approaches to limiting Iran's nuclear capability: a peaceful solution or punitive measures and military action.US President Barack Obama has accepted a peaceful solution, which is in line with the UN Charter. This view emphasized multilateralism and the role of international organizations. Negotiations between Iran and the six world powers eventually led to the signing of a "Joint Comprehensive Plan of Action " or "JCPOA" agreement. Under the agreement, Iran accepted extensive restrictions of its nuclear program, and instead lifted all UN sanctions, as well as unilateral US and European sanctions. Because the agreement was about international security, the same agreement was passed by the UN Security Council.Trump, the next president of the United States, called "JCPOA" against the national interest and unilaterally withdrew.The question is, what has the Security Council done to violate the UN Security Council? The hypothesis is that the violation of the UN Security Council by the United States is the most serious and clear example of the ineffectiveness of the Security Council in maintaining an agreement on the maintenance of international peace and security. Manuscript profile

Open Access Article

10 - Threats to international peace and security from the Failed State (Case study: Somalia)
mahdi Baghban babak naderpor

The security issues of the world today have a certain entanglement and complexity that each of which can lead to other security issues. one of these new issues is the collapse of government. the issues of the failure of governments in matter of international peace and s More

The security issues of the world today have a certain entanglement and complexity that each of which can lead to other security issues. one of these new issues is the collapse of government. the issues of the failure of governments in matter of international peace and security was first raised by the united states of America after 11 September. however, the international community has not had a clear understanding of the threat to international peace and security posed by the collapse of government. in this regard, a study of UN resolutions on the crisis in Somalia, which has been recognized as a failed state in the world for three decades since 1991, seeks to identify the various threats to international peace and security caused by collapse governments came out. In this descriptive content analysis study, 97 UN resolutions on the Somalia crisis were analyzed. as a result. it has been determined that the failure of government will pose at least 13 types of threats to international peace and security. Manuscript profile

Open Access Article

11 - Anatomy of Nuclear Talks between Iran and America until CPJA (Barjam) and Adoption of Resolution 2231
Habibollah Abolhassan Shirazi

Abstract Nuclear deal between Iran and the P5 + 1 in Vienna on 23 June 94 is as a historic day in the history of international relations. The success of nuclear talks between Tehran and the P5 + 1 is example of the importance and stressing on politics and international More

Abstract Nuclear deal between Iran and the P5 + 1 in Vienna on 23 June 94 is as a historic day in the history of international relations. The success of nuclear talks between Tehran and the P5 + 1 is example of the importance and stressing on politics and international diplomacy and will be the base of stability in the region and can be described this agreement as a victory for diplomacy. After two years of negotiations, long-term agreement between Iran and the P5 + 1 on Iran's nuclear activities and of sanctions was obtained. On 20 July 2015, the UN Security Council adopted Resolution 2231 with a comprehensive program of joint action (Barjam). Security Council resolution allowing the transfer of certain nuclear-related equipment to Iran, change two waterfalls at Fordow and updates to Arak’s reactor. The resolution also authorized transfers of nuclear related activities for the implementation of specific obligations in the Barjam knows permitted. European Council also issued a statement which approved first legal action in the form of written procedures to begin implementation of a comprehensive program of action adopted accordingly. Views on the nuclear deal are different, West described it good and fair deal while Iran believes that this agreement has been made in response to the demands of the nation but the agreement has not recognized by Israel. So that Israeli Prime Minister Benjamin Netanyahu has described the agreement as a historic mistake. Persian Gulf countries also have expressed concern that this agreement is an international cover for nuclear activities of Iran. Reactions to this agreement are different and at a time when many countries have welcomed, Israel strongly opposed this and Saudi Arabia have expressed doubts about it. Israel is at the head of the victim of this agreement, Israeli officials believe Iran has achieved great prizes with the agreement that the award of hundreds of billions of dollars and Iran with such an award can continue their hegemony in the region and the world and this is a historic mistake. This paper investigates and analyzes the content of nuclear talks between Iran and America until the Security Council's 2231 resolution. Manuscript profile

Open Access Article

12 - The Strategies of Obtaining International Responsibility of Current State of Iraq in Payment the Environmental Damage of Imposed War against Iran through Full Implementation of Security Council Resolution 598
ali faghih habibi

The Security Council as one of the most important pillar of United Nation has primarily the responsibility of maintenance of international peace and security. The practice of Security Council in dealing with issues related to Iraq’s aggression against Iran and its More

The Security Council as one of the most important pillar of United Nation has primarily the responsibility of maintenance of international peace and security. The practice of Security Council in dealing with issues related to Iraq’s aggression against Iran and its relevant problems seems discriminatory. Since despite sufficient evident for recognizing Iraq as Aggressor, the Security Council has not reacted to recognize the subject of aggression and aggressor up to end of the imposed war. Surly the enforcement of the Security Council resolution according to chapter VII of the United Nation charter in order to maintaining or restoration of international peace and security and according to Articles 25 and 103 of the charter as well as the Article 10 of the resolution 598 which stipulating holding the secession of Security Council in term of necessity, the afore mentioned resolution is binding. So it can be said, the United Nation and Security Council should do their responsibility and obligation regarding the implementation of this resolution. Explaining the juridical status of the Resolution 598, this paper by applying the principles of international law tries to specify the strategies of claiming the environmental damage due to imposed war through full implementation of resolution 598.   Manuscript profile

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13 - Reforms in the Security Council with an emphasis on the role of the uniting for consesus
Mehran Abdoli Maryam Moradi Seyyed Baqir Mir Abbasi Abu Mohammad Asgharhani

In the current world of growing change in all areas, the need for efficient systems in the international arena is twofold. One of the most important UN system in the international arena is the most comprehensive international organization that needs to meet its current More

In the current world of growing change in all areas, the need for efficient systems in the international arena is twofold. One of the most important UN system in the international arena is the most comprehensive international organization that needs to meet its current needs. But since its founding, the organization has undergone some modifications in this organization, and in particular its key pillar, the Security Council, a large number of secretary-general of the time (Anahi Sufi) to the African Union, the South Group, the Non-Aligned Movement, the Group of Four and the Group The so-called "Alliance for Consensus" has proposed plans for further improvement and efficiency by the Council, which has not yet been fully agreed on. Among the proposed corrective ideas, the Group of Four was more lucid, but the group of countries thought to oppose the group, unlike the four group (four countries: Germany, Japan, Brazil, and India), which increased the number of permanent members The Security Council was a group of countries that only wanted to increase the non-permanent members of the council, which also brought charges against each other. Manuscript profile

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14 - International Atomic Energy Agency framework for maintaining international peace and security
Fariba Fadaee abu mohammad asagarkhani Moradi Maryam

Efforts to regulate the behavior of actors in the international arena in order to maintain international peace and security have always been accompanied by many ups and downs. Human access to nuclear technology, meanwhile, has raised concerns about its use for non-peace More

Efforts to regulate the behavior of actors in the international arena in order to maintain international peace and security have always been accompanied by many ups and downs. Human access to nuclear technology, meanwhile, has raised concerns about its use for non-peaceful purposes. Therefore, the International Atomic Energy Agency was established with the aim of developing and peaceful use of nuclear energy to systematize the performance of governments in the use of this technology. With this description, the question arises as to what framework and mechanism the International Atomic Energy Agency Seeks to maintain international peace and security? Examination of the relevant documents reveals that the International Atomic Energy Agency monitors the obligations of States under non-proliferation treaties in the form of temporary, routine and special inspections, and if a Member State fails to comply and the breach is not remedied within a reasonable time, the Agency , Reports the relevant violation to the Security Council. Manuscript profile

Open Access Article

15 - International Institutions and Iran's Nuclear Rights and Obligations
mehdi tavakoli abu mohammad asagarkhani sohrab salahi

The existence of a non-proliferation regime in the world has led governments to pursue their nuclear rights in a certain way to ensure the maintenance of international peace and security, as well as the national interests of each state regarding nuclear rights. To be. A More

The existence of a non-proliferation regime in the world has led governments to pursue their nuclear rights in a certain way to ensure the maintenance of international peace and security, as well as the national interests of each state regarding nuclear rights. To be. Accordingly, Iran's nuclear rights and obligations were also formed under the documents that constitute nuclear rights and its restrictive documents. In the meantime, following the disputes between Iran and the International Atomic Energy Agency, Iran went through ups and downs under various sanctions, and of course, two international bodies, namely the Security Council and the International Atomic Energy Agency, played a role. They played a role. On this basis, we seek to examine whether the actions of these two international organizations in relation to the Iranian nuclear issue have been in the realm of international law? Examining the actions of the Security Council and the International Atomic Energy Agency in dealing with Iran's nuclear case, it is observed that not only technical and professional considerations are not the criterion, but also political considerations have led to the security of Iran's case and maximum pressure to shut down the nuclear industry. It has been Iran's missile industry. Also, the actions of the IAEA are not in accordance with its statutes, and the Security Council, regardless of the IAEA reports, declares the Iranian nuclear issue a threat to international peace and security. Manuscript profile

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16 - Analyzing the role of the UN Security Council to prevent war in the Middle East
samira kohan khaki Behzad Ghaffari benam

The Security Council, with the limits of authority defined by the United Nations Charter, is the executive of the common security system and is responsible for establishing order and security in the world. This research is considering the great importance of the role of More

The Security Council, with the limits of authority defined by the United Nations Charter, is the executive of the common security system and is responsible for establishing order and security in the world. This research is considering the great importance of the role of the United Nations Security Council in order to prevent war in the Middle East, therefore, to answer this question, the role of the United Nations Security Council for the prevention of war in the Middle East is first discussed and with the aim of explaining the security tools The United Nations is preventing war by focusing on the Middle East. The methodology of the descriptive-analytical article gives a scientific answer to the posed question with the argumentative method of content analysis and using library resources. And then by explaining the effective factors in strengthening the role of the Security Council and increasing efficiency in preventing war in the Middle East and stating its importance, we reach the conclusion that there is an undeniable connection between the role of the United Nations Security Council in order to prevent war in the Middle East. And there is an unbreakable relationship that unfortunately cannot be done Manuscript profile

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