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List of Articles
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Open Access Article
1 - A Comparative Study of Processes and Challenges of Reorganization of Business Companies in Iranian Laws and Other Countries
mohsen nazemizadeh mohammad reza pasban ali radan jebelyMaintaining the continuity of companies as one of the most important players in the economy is of great importance for governments and society; thus, one of the mechanisms in the legal system of many countries to prevent the liquidation of companies is the institution o MoreMaintaining the continuity of companies as one of the most important players in the economy is of great importance for governments and society; thus, one of the mechanisms in the legal system of many countries to prevent the liquidation of companies is the institution of "reorganization". Although Iran's economic system has experienced the bankruptcy of many commercial companies in recent decades, so far the laws and regulations have not independently addressed the process and challenges of reorganization of bankrupt companies. The findings of this study indicate that the reorganization of a company has several processes that in most countries are mainly: demand for reorganization; Creditors' agreement; Court certification; Act under the supervision of the court and, finally, the issuance of the final verdict. In addition, although reorganization has a long history in most developed countries, in practice in these countries with challenges and obstacles such as: delays in announcing the cessation; Creditors' opposition; the inability of a commercial company is associated. Considering the necessity of this institution in Iran and the legal gaps in the Iranian legislative system, the present article examines the processes and challenges of reorganization of commercial companies in several countries with a comparative approach and using a descriptive-analytical method. Manuscript profile -
Open Access Article
2 - A Think on the Fair Internet Disputes Resolution
Seyyed Kamal Hosseini جواد نیک نژادImbalance power between the parties has been a concern for jurists. This power inequality has a variety of reasons, such as the complexity of the issue, previous and frequent acquaintances with similar cases, and the use of competent lawyers and legal advisers. In this MoreImbalance power between the parties has been a concern for jurists. This power inequality has a variety of reasons, such as the complexity of the issue, previous and frequent acquaintances with similar cases, and the use of competent lawyers and legal advisers. In this study in order to resolve this inequality and imbalance between the parties, attention has been paid to how to apply the principle of due process of law over arbitration in litigation and internet disputes. As a result, due to the lack of free choice and the repetitive role of the actor, this principle requires that the imposition of an arbitration clause be prohibited or restricted before arising disputes as to contracts concluded with consumers. Also, some cases could not be referred to arbitration and should be interpreted in favor of the consumer if there is any ambiguity in the arbitration agreements. The government should provide mechanisms to reduce arbitration costs. The arbitration award must be reasoned and made public. Manuscript profile -
Open Access Article
3 - Cyber Security Regime in International Aviation Law
Hamidreza Seyedi Seyedbagher Mirabbasi Sohrab SalahiBackground and Purpose:Aviation cyber security is becoming a very serious subject. The air industry is a complex, advanced, multidimensional with an international scope industry is distinguished became its complexity among industries. One of the most important and vital MoreBackground and Purpose:Aviation cyber security is becoming a very serious subject. The air industry is a complex, advanced, multidimensional with an international scope industry is distinguished became its complexity among industries. One of the most important and vital issues of aviation is to ensure the accuracy of navigation systems and air traffic control, which has a direct impact on flight safety. The article is prepared to explain and evaluate the rules of cyber security regime in the field of international aviation law and the responsibility of governments and international organizations in sight of the existing rules of international responsibility plan and through this to examine the conditions and effects of each.Methodology:This article was written by descriptive-analytical method in terms of collecting library data and reviewing documents.Results:The International Cyber Security Regime is a mechanism for cooperation between governments and cause trust and security, and the protection of aviation infrastructure is a top priority for governments. The aviation industry is facing novel threats, and there are various cyber security concerns at airports and in-flight aircraft, and the need to "smarten up" airports is being seriously felt due to increased connectivity of systems and processes and protection of navigation systems. The development of security rules and regulations is one of the strategic goals of the International Civil Aviation Organization and its member countries, in order to ensure sustainable aviation security measures. Manuscript profile -
Open Access Article
4 - The Cambodian Court and Integral Criminal Justice; Approaches and Challenges
Jamal BeigiBackground and Aim: The Cambodian court is one of the courts known as mixed or international courts in terms of the participation of national sovereignty and its constituent institutions and organizations and for the purpose of integrating criminal justice influenced by MoreBackground and Aim: The Cambodian court is one of the courts known as mixed or international courts in terms of the participation of national sovereignty and its constituent institutions and organizations and for the purpose of integrating criminal justice influenced by national and international institutions, this article has been interpreted as integrated criminal justice. The purpose of this paper is therefore to identify this court as an integral criminal justice and to explain its approaches and challenges in the international system.Methodology: This research is based on descriptive and analytical method and based on library documents and resources.Findings andConclusion: The extraordinary branches of the Cambodian courts were formed in 2006 to try former Cambodian senior leaders and perpetrators of crimes committed during the democratic Kampuchea era, also known as the Khmer Rouge. During this period, at least 1.7 million people perished because of hunger, torture, execution and forced labor. Thus, crimes against humanity, genocide and blatant violations of the Four Geneva Conventions were among the most significant international crimes that the tribunal faced. The Cambodian Interim Tribunal, despite the agreement between the Cambodian Government and the United Nations, inspired by international documents and observance of legal principles, while pursuing justice, strengthening the rule of law and creating national reconciliation in Cambodia, pursued criminals, but there have also been challenges in integrating criminal justice. Manuscript profile -
Open Access Article
5 - The supremacy of the jurisdiction of the International Criminal Court over the jurisdiction of the International Court of Justice in dealing with cyber aggression
Ali reza Mohaghegh harcheghan mohammad Ardebili Ebrahim Beigzadeh Mohammad Ali Mahdavi SabetField and Aims: On July 17, 2018, two decades after the adoption of the Rome Statute of the International Criminal Court activated its jurisdiction over the crime of aggression. This crime was defined in 2010 by the Assembly of States Parties to the Rome Statute (ASP) a MoreField and Aims: On July 17, 2018, two decades after the adoption of the Rome Statute of the International Criminal Court activated its jurisdiction over the crime of aggression. This crime was defined in 2010 by the Assembly of States Parties to the Rome Statute (ASP) as a material element of state conduct. "crime of aggression" in a position to effectively control or direct the political or military actions of a State and is in flagrant violation of the Charter of Nations It is considered united. The purpose of this research is to examine the jurisdiction of the International Criminal Court and the International Court of Justice in dealing with the crime of aggression, with an emphasis on cyber aggression.Method: This research was analyzed in descriptive-analytical . Findings and Conclusion: Cyber aggression means aggression that has been committed by computer-centered networks. In order to attribute cyber attacks to the government, it is necessary to consider the criterion of effective control. What is meant by effective control is that the government in question has exercised authority to form cyber aggression. The International Criminal Court has two jurisdictional regimes regarding the crime of cyber aggression. The first case is initiated by government referrals or due investigations by the prosecutor, and the second case is initiated by the Security Council referrals. another result of the research shows that the jurisdiction of the International Criminal Court in dealing with cyber aggression is superior to the jurisdiction of the International Court of Justice. Manuscript profile -
Open Access Article
6 - The rights of the person being monitored in the Indian legal system with a look at Iranian law
maziyar khademi amirhamzeh salarzaeiAbstractBackground and purpose: The concept of "under surveillance" and the rights of the individual in this situation are associated with the police. Considering the development of India's criminal justice system in recent years and the extensive and anti-corruption re MoreAbstractBackground and purpose: The concept of "under surveillance" and the rights of the individual in this situation are associated with the police. Considering the development of India's criminal justice system in recent years and the extensive and anti-corruption reforms regarding the functioning of police authorities in promoting and protecting the rights of defendants, by examining the laws and rulings of the courts in both text and procedure, in this article The individual was monitored at the time in order to identify this concept in Iranian law in order to use the experience of India to achieve more protection of the rights of the accused and to improve the Iranian penal system.Method: The present article has been interpreted by descriptive-analytical method and relying on judicial judgment.Findings and Results: The present article seeks to answer the question of how the identification and guarantee of the rights of the supervised person has been in the Indian penal system and what has been the performance of the judicial system of this country? The findings of the study are that the rights of the accused have been properly identified in the criminal and constitutional laws of this country and the judiciary in India relies on rulings based on a broad interpretation of the law and in favor of the accused, gaps caused by vi Manuscript profile -
Open Access Article
7 - Examining the government's civil responsibility for the violation of citizen's rights and the authorities dealing with it in Iranian law and common law
hamid sarfaraz mansoor aminiCitizenship rights are one of the most important concepts of today's societies, which are closely related to various branches of theoretical and practical science. We tried to deal with the civil responsibility of violation of civil rights in a comparative manner with m MoreCitizenship rights are one of the most important concepts of today's societies, which are closely related to various branches of theoretical and practical science. We tried to deal with the civil responsibility of violation of civil rights in a comparative manner with modern societies and the Universal Declaration of Human Rights. How important is the guarantee of the implementation of citizenship rights in Iranian law and the Universal Declaration of Human Rights? We believe that the executive guarantee of citizenship rights in Iran's laws is legal and moral and has no guarantee of implementation. The Universal Declaration of Human Rights basically has no guarantee of implementation except in cases where the guarantee of its implementation is declared through the resolutions of the United Nations Security Council and the General Assembly. Its content is mainly the application of economic and political sanctions. Violation of citizenship rights creates responsibility for which persons, according to the role that today's governments play in society, is the government responsible for the violation of citizenship rights? Manuscript profile -
Open Access Article
8 - 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 saiedField 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 MoreField 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
9 - The legal regime governing arms control from the perspective of the Comprehensive Nuclear-Test-Ban Treaty
goudarz beyrami atefeh amininia soudeh shamlooThe nuclear world faces challenges in the field of arms control And seeks a unique solution for confidence-building measures for nuclear order In this regard, the Comprehensive Nuclear-Test-Ban Treaty was signed to strengthen safeguards agreements. It was designed to me MoreThe nuclear world faces challenges in the field of arms control And seeks a unique solution for confidence-building measures for nuclear order In this regard, the Comprehensive Nuclear-Test-Ban Treaty was signed to strengthen safeguards agreements. It was designed to meet the needs of a countries with nuclear weapons that are members of the Nuclear Non-Proliferation Treaty.And as a single model in bilateral agreements signed between countries with safeguards agreements with the Agency. Which in practice has not fulfilled its main task of overseeing nuclear tests with the existing structure. This a article seeks to answer this question with a descriptive-analytical method.How can the Comprehensive Nuclear-Test-Ban Treaty establish a regulatory regime for the control of nuclear weapons?Research findings indicate this.With the entry into force of the treaty, the main purpose of the treaty is the control of nuclear weapons. A Comprehensive Nuclear-Test-Ban Treaty Treaty will be prepared through the Executive Agency. Manuscript profile -
Open Access Article
10 - 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 AlekajbafField 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 MoreField 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
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