علی فقیه حبیبی

Child labor is one of the critical issues in today's world that cannot be accepted by anyone. And it has been considered in international and domestic laws. This descriptive-analytical research was done with the aim of explaining the prohibition of child labor in the labor laws of Iran and Afghanistan and Convention182 of the International Labor Organization. The research findings show; Causes of increased child labor; Poverty, economic crisis, lack of education, etc. International Labor Organization in Convention 182 examples of the worst types of child labor such as; Forced employment of children in armed conflicts, using children for prostitution, making obscene images, Slavery, the sale and trafficking of children, the production and trafficking of narcotics, and the employment of children in unhealthy activities, have been introduced, and the member states have been asked to prohibit and eradicate them. This issue has been emphasized in the laws of Afghanistan and Iran. Despite the passage of many laws, both countries still suffer from this problem. But Iran's labor rights are more in line with the International Labor Organization's Convention 182 than Afghanistan's labor rights, and have better implementation guarantees, and children have a relatively good situation.

One of the main institutions of the executive branch in the countries where the codified constitution rules is the governorate institution. In Iran, the governorate operates under the supervision of the Ministry of Interior and under the measures and decrees of the president, and in Iraq, its council system plays an important role in determining the governor and establishing the rules and regulations of the province administration. The influential role of the council system is on the important institution of the executive branch, which has formed a different administrative process compared to Iran's laws, and the federal system of Iraq, based on the constitution of this country, has given extensive administrative powers to the governors. The purpose of this research was to investigate the structure and limits of the administrative authority of the governors in Iran and Iraq in a comparative manner. Based on this, the main question of the research is whether the structure and limits of the administrative authority of governors are different in the laws of Iran and Iraq? By using library resources and descriptive and analytical methods, while answering the mentioned question, it was stated that according to the conditions and state of the government, the structure and limits of the administrative authority of the governors are different in Iran and Iraq.

Environmental law is related to our natural heritage and cultural heritage. Natural heritage includes the atmosphere, oceans, plant and animal life, water, soil and other natural resources, both renewable and exhaustible. Our cultural heritage includes the intellectual, artistic, social and historical records of mankind. In the past few decades, awareness of the harmful effects of environmental pollution on humans and their quality of life has increased significantly. This awareness has followed the very dramatic destruction of the world's environment - land, water and air - over the past two centuries. While human activities have always affected the natural world, the negative impact of this activity has increased exponentially in this period of time. The question that arises is that the guarantee of the right to a healthy environment in Islam, Iran and documents How is international?The research method proposed in this research is descriptive-analytical and using library tools and internet documents.

One of the important steps of cultural development is the effective protection of individual rights and freedoms, which is not possible in any legal system without legal security. People should be aware of their rights and duties and be able to predict the results of legal actions. At this stage, the principle of legal security is proposed as a dynamic principle that undermines the stability of the legal system; Therefore, the purpose of the present research by a descriptive-analytical method is to explain the place of sustainable cultural development in order to achieve sustainable legal security. The results of this research indicate that the more precise and accurate understanding of sustainable cultural development and ultimately achieving sustainable legal security is of undeniable necessity and importance. Cultural development, contrary to the intellectual foundations of the West in the world, which is a way for Western capitalism to dominate humanity, seeks to take advantage of the effective external consequences of development with an Islamic, internal, and local approach to gain a deep understanding of national and local beliefs and values of the society's culture so that it can take a step towards the globalization of its culture. In addition, cultural development based on revealed teachings can play a role in the society and influence the realization of legal security.

Today, in addition to the judiciary and courts of justice, there are authorities under the headings ofcouncil, board, commission, etc., which according to special laws deal with some complaints and disputes andlawsuits, one side of which means the government, and like courts of justice in nature Issue a verdict and ajudicial opinion. These authorities, which are often supervised by the executive branch and are created with theclaim that the issues are specialized, complex and technical, with the aim of accuracy, speed and accuracy of thefinal decision, both in accordance with some constitutional principles and ordinary laws and regulations. Theruling intellect, logic and custom are obliged to issue their final opinions and opinions in a reasoned, justifiedand documented manner to the laws, principles and legal rules. Otherwise, the Court of Administrative Justice,as the reviewing authority of such opinions, will not give them legal validity and legal existence in order toensure the rule of law and the realization of rights or annulment. In the present article, with regard to examplesof opinions issued by quasi-judicial authorities and the Court of Administrative Justice, the above issue isexamined and analyzed.

The principle of documenting, reasoning and justifying the opinions of quasi-judicial authorities is one of the important elements of a fair and just trial. Given that administrative decisions are linked to the public interest, the application of this principle in decisions and rulings issued by these authorities, as well as the oversight of the Court of Administrative Justice as a judicial institution on the rulings issued by these authorities can be a reason to evaluate the performance of the government and the judiciary. Be equal to the public conscience of society. Examining the judicial procedure of quasi-judicial authorities and the Court of Administrative Justice, it seems that paying attention to the principles of fair trial in general and monitoring the reasoning and documenting of opinions and decisions in particular has not yet found its proper place. Although in some cases these principles and their importance have been mentioned in the judicial procedure of the Court of Administrative Justice, this issue has not been considered by the quasi-judicial authorities. In addition, this issue has not yet reached its true place in the jurisprudence of the Administrative Court of Justice, and this issue has become more and more important due to the pervasiveness of fair trial in legal systems. In this article, we examine the position of the reasoned principle, documenting and justifying the opinions of quasi-judicial authorities in judicial procedure.

Human worldly happiness is contingent upon an ideal state based on efficient and comprehensive laws, especially within legal and political systems. However, human reason and management alone cannot draft such laws, as this requires a mastery over all human existential needs, and human intellect is incapable of flawlessly monitoring this knowledge. The upcoming research, using a documentary-analytical method, demonstrates that in Islam, genuine and inherent sovereignty belongs to God, and the legitimacy of any command is based on His will. This permission extends to prophets, successors, and religious scholars. From the perspective of Christianity, the Kingdom of God is closely linked to the earthly kingdom; therefore, the governance of Jesus Christ (PBUH) extends beyond souls to also cover bodies. Despite this, He did not find much success in achieving His divine-political goals, and on the other hand, the overall performance of the Church during the Middle Ages crumbled with the Renaissance, and no opportunity for the political governance of religious scholars emerged in the Christian world. However, in the religion of Islam, the necessity of providential guidance, religious leadership, and the revival and protection of the prophetic tradition necessitates this. From the Shiite perspective, the prime examples of those in authority are the Twelve Infallible Imams (PBUH), and the governance of religious scholars, with specified characteristics and by public appointment, extends throughout the governance of the Infallibles (PBUH). In this regard, the theory of the Guardianship of the Islamic Jurist is notable, which considers the extent of governance in the Islamic government.

Achieving sustainable development requires the use of various resources. For this reason, governments use a wide range of mechanisms and resources for this purpose. It is one of the imaginable mechanisms and tools to achieve the goals of sustainable development of the insurance industry. According to international documents, sustainable development can be divided into the second and third generation of human rights. Despite these international documents related to sustainable development, they have not used a clear position on insurance. Therefore, the question arises whether insurance can play a role as a tool in the light of human rights in strengthening and realizing policies based on sustainable development, and if the answer is positive, what are its functions in this regard and then there is a proposal to use insurance as a tool in Iran's 7th development program and to strengthen the principles of human rights such as equality. This research, using a descriptive-analytical method, has investigated the relationship between sustainable development and insurance and imaginable approaches and has addressed the types of functions that insurance can adopt to achieve sustainable development. This research concludes that despite the functional differences between insurance and sustainable development, this industry has potential and flexibility that can be used as a complementary tool to realize sustainable development policies and strengthen human rights.

Administrative losses and losses have been discussed as a part of the administration of affairs and violation of citizen’s rights paying attention to their compensation in adminstrative law has been accepted in the protection of citizen’s rights in many countries and Iran and Iraq are not exempt from this.In the country of Iran and Iraq,following the acceptance of the theory of fault in private law and criminal law,the administrative fault of government employees is dealt with within the framework of the judicial system and does not remain without compensation.The promblem of loss and damage, in the subject of compensation includes two parts,material and moral damage,which is dealt with in the judicial courts of Iran and Iraq in order to protect the rights of citizens,so the laws of the country of Iraq have many similarities with the laws of Iran in this respect,and the trial court with similar similar elements of Iranian law,it is responsible for dealing with administrative violations and compensating for losses caused by administrative actions to respect the rights of citizens.The purpose of this research is to investigate the compensation of the lossess in the protection of citizenship rights.Base on this the main questions of this list what are the basics of compensation for adminstrative losses and the protection of citizen’s rights?Using library resources and descriptive and analytical methods,while answering the above questions,it was stated that the basis of administrative losses is based on the civil responsibility of government employes,which can have in impact on the realization of citizenship rights,and its impact in undeniable

The principle of documenting, reasoning, and justifying the opinions of quasi-judicial authorities is one of the elements of a fair trial. Given that administrative decisions are linked to the public interest, the application of this principle in decisions and rulings issued by these authorities, as well as the oversight of the Court of Administrative Justice as a judicial body on the rulings issued by these authorities, can be necessary to evaluate the performance of the government and the judiciary against the public conscience of society. Examining the judicial procedure of quasi-judicial authorities and the Court of Administrative Justice, it seems that paying attention to the principles of a fair trial in general and monitoring the reasoning and documenting of opinions and decisions in particular, has not yet found its proper place. These principles and their importance have been mentioned in the jurisprudence of the Court of Administrative Justice, but this issue has not been considered by the quasi-judicial authorities. This issue has not yet reached its true place in the jurisprudence of the Court of Administrative Justice, and this issue has become more and more important due to the pervasiveness of fair trials in legal systems.

Delegating authority in public law is not a rule, but being an exception does not reduce of it`s important. According to the two-way discourse of public law -normativeism and functionalism- in addition to preventing the concentration of power, it also accelerates affairs and improves effective administrative relations. Although in the discussion of delegation of authority, the views are mostly focused on administrative rights, but in constitutional rights and especially the value system, delegation of authority is an important matter, which we call ascending delegation of authority. This issue can be investigated in modernity by understanding the critic's self-founding reason in the form of social contract theory and delegation of public power from the people to the ruling body. For this reason, this article also focuses on the issue of delegation of authority in constitutional rights and considers it the other side of the delegation of authority in administrative law. The rule of law requires that in the administrative system, the principle is based on the authority of the individual, and the delegation of authority is an exception, because every official receives his authority from the law, and its delegation also requires the prescription of the law. Also, the administrative authority who cannot delegate all his powers and only a part of the powers that are not prohibited by law can be delegated. The main question of this article is what and the legal effects of delegation in the light of the principles of public law. In this article, the conditions and limitations of delegation of authority in public law have been examined through a descriptive-analytical method. Delegation of authority is an inevitable necessity in public law, which can be examined at two levels of constitutional law based on the theory of representation and in the field of administrative law.

One of the issues raised in the field of world peace is the globalization of culture and its assimilation, which due to the centrality of human beings in the field of cultural issues, this should be done by accepting and persuading individuals and it cannot be imposed on individuals and society. . Paying attention to cultural issues is one of the foundations of human rights, which has been interpreted as cultural rights and has not been addressed as it should. The aim of the current research is to homogenize cultural identities in the context of universality with the approach of cultural rights. The results of the current research showed that paying attention to cultural rights can have many positive effects on the peaceful coexistence of human beings; Therefore, it is necessary to take steps by providing a suitable model in line with the process of assimilation of cultures and creating a platform for universal acceptance of global culture in order to move towards a universal platform by persuading the general public, while recognizing cultural diversity and paying serious attention to cultural rights.

The principle of "rule of law" has several roles in public law. It has the role of principles, goals and tools of democracy and human rights. The rule of law as a tool for creating and guaranteeing human rights, with the predictability of the future of the citizen and imposing restrictions on the government, is in a position where the concept of freedom and human rights is impossible without the rule of law. Anti-authoritarianism is one of the many principles of the Constitution of the Islamic Republic of Iran, especially in the third chapter for human rights, which does not have a means of guaranteeing it in a centralized way. But it is possible to find a way to guarantee tools based on the rule of law that are scattered in its principles. This article analyzes the role of the rule of law and the guarantee of its implementation in guaranteeing and realizing human rights and fundamental freedoms in an analytical and descriptive manner by counting the cases mentioned in the constitution.In this research, it is clear that the principle of the rule of law, and its requirements (the principle of incompetence, accountability...) has limited the ruler's behavior and performance by guaranteeing implementation, and human rights can be realized by making the future of citizens predictable. The goals and principles of the constitution have provided the goal of this sovereignty, but the existence of some interpretable words and practical procedures can create challenges in this article.

One of the upcoming challenges in the field of globalization of culture is the issue of assimilation or assimilation of culture. In the discussions of cultural convergence and homogenization, attention has often been paid to globalization and assimilation, rather than examining the process of homogenization of cultures, which will be achieved by universal acceptance and public persuasion towards a superior and more complete culture. The purpose of the current research, which was carried out in a descriptive-analytical and library way, is to investigate the assimilation of different cultures, identities and values. The results of the present research show that the intellectual foundations of Islam have been placed for the homogenization of the world for the sake of human dignity. The design and implementation of these intellectual foundations is for all humanity, far from any color, race, nationality, etc. The intellectual basis of Islam is complete and it is the source of revelation and wants the all-round happiness of humanity. But on the other hand, the intellectual foundations of the West for assimilation seek to dominate humanity and to achieve their goals. These foundations are incomplete and have a one-dimensional view of humanity. It does not pursue the all-round development of humanity and is only to meet the material needs of mankind; Therefore, it can be said that the West does not have the authority to lead this assimilation.

Achieving sustainable development requires the utilization of a variety of financial, human, technical and scientific resources. In this vein, social security can be utilized as a means of resource procurement. It is not, however, explicitly mentioned in any of the documents on sustainable development. Recruiting a descriptive, analytical and comparative design, the present study investigates the bases, scope and mechanisms of social security in achieving sustainable development in the views of Islam and the UN Committee on Economic, Social and Cultural Rights (hereinafter the UNCESCR). Social security has been identified and addressed frequently in the verses of the Quran and the Hadith. Yet, despite the provisions of the Covenant on Economic, Social and Cultural Rights (hereinafter the Covenant), social security has not been properly addressed at the international level. Finally, the Covenant’s approach to social security and the actions taken by the UNCESCR as the oversight body of the Covenant to link social security and sustainable development, how social security can be utilized in so doing, and the eminence of social security in Islam are further analyzed in the study.

The conception of administrative justice in any legal system is a function of political action. That is, it is more a product of the political agreement of the nation of land than a metaphysics conception. This concept primarily focuses on the fair distribution of resources and then on fair administrative decisions. Administrative justice is the basis for the structuring of the administrative system into an advanced legal system that applies to the equitable distribution of wealth through administrative law and legal principles derived from the customary concept and are sometimes defined in procedural and substantive principles in administrative court proceedings. Therefore, we are faced with a concrete concept that understands the system of administrative law and public law as defined by legal principles. These concepts are shaped by common social values and, after legal incorporation, their customary concept becomes legal. The concept of administrative justice in the judgments of the Administrative Justice Court has been expressed in two principles of impartiality and proportionality. The first principle deals with the concept of administrative justice procedures and the principle of proportionality of its substantive concept. Therefore, the most important application of the concept of administrative justice is to determine the legal principles that are relevant to it in administrative proceedings and in the jurisdiction of the administrative justice court.

The principle of observing Islamic standards in Iran's legal system is beyond the limiting effect that it can have on discussions related to decentralization. Since this is a special principle of the Islamic Republic of Iran, a system that according to the wishes of its founder, Imam Khomeini, must be 100% in accordance with Islamic standards, it is considered necessary and essential to pay attention to it by the national and local authorities. The present study tries to evaluate the principle of compliance with Islamic standards in the approvals of Islamic Councils based on the criteria in the Constitution of the Islamic Republic of Iran. Therefore, in the present article, with the descriptive-analytical research method, we examine the aforementioned principle in the approvals of the Islamic councils, and it leads us to the conclusion that the guarantee of the non-unlawful implementation of the approvals of the Islamic councils with the standards of the Islamic Council through the Administrative Court of Justice not only is it not a solution, but it also requires the determination of an appropriate structure of It is the legislator's side so that the decisions of the Islamic councils do not contradict the standards of Islam.

Intergenerational justice, which is the mainstay of the rights of future generations, states that the exploitation of resources, as well as the adoption of practices that affect the environment, must be such that, in addition to serving the interests of the present generation, the present generation in exploiting and dealing with the environment must behave in a way that preserves the interests of future generations. Article 50 of the Iranian Constitution explicitly emphasizes the protection of the environment. This principle raises many issues from a legal point of view and has a clear duty to protect the rights of the present and future generations to the right to a healthy environment and to observe intergenerational justice. In this principle, several points have been stated that are important for a more detailed study. First, there is the issue of environmental protection, in which case, the same issue of preserving and respecting the human right of society to a healthy environment is raised. Then there is the issue of intergenerational justice and identification. That is, it considers it the duty of everyone to observe fairness with current and future generations, as well as these issues, and the issue of public participation in environmental protection is raised. Like the constitution, it is necessary to be stated in this principle. In this descriptive-analytical study, an attempt has been made to examine the rights and obligations of intergenerational justice in order to achieve the goals of sustainable development (with emphasis on Article 50 of the Iranian Constitution).

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.

Non-governmental organizations (NGOs) are non-governmental and non-profit organizations that are not affiliated with the government. These organizations have a written and codified statute and their organization is already registered. Environmental NGOs, meanwhile, can play an important role in helping to bridge gaps by condu The findings of the study show that NGOs have a major role in environmental sustainability by addressing climate change, energy, waste management, pollution, biodiversity and land use. It can also be said that there is a growing interest in civil society in environmental issues. There is an environment. NGOs can also play a very important role in leading and promoting such projects. In addition, the ability of NGOs to provide an independent perspective to build trust on issues, causes, and help bring about behavioral and cultural change in communities is critical. On the other hand, the religion of Islam, as a comprehensive school that includes issues related to man and the environment, has considered the right to use the environment in a balanced way, not to deviate. And in a way, it can be said that he believes that nature is at the disposal of

Investigating the importance of the position of the environment and the principle of equity in determining the boundaries of land borders (Emphasis on the jurisprudence of the International Court of Justice) The International Court of Justice, as the judicial body of the United Nations, has an irreplaceable role in determining the boundaries of land borders between countries. The Court does this with the tools at hand, that is, with respect for the stability of border and territorial treaties, the principle of legal possession and effective domination, and in this regard, its auxiliary tools are principles such as fairness and so on. It must be said; if in the past, the factor of force and power determined the boundaries, but today, the agreement determines the boundaries. Principles such as fairness, etc., all reflect the factor of agreement to determine the boundaries of land borders. In some cases; Some justifications have been raised by the parties to territorial and border disputes before the International Court of Justice, but the Court has not substantiated these justifications, and although in some cases, such as the environment, it has turned its attention to these documents, He has never considered them as a factor in determining the boundaries of land, and the issue of the environment is one of the unacceptable justifications for the acquisition of land ownership by the International Court of Justice. In this descriptive-analytical study, an attempt has been made to examine the importance of the status of the environment and the principle of fairness in determining the boundaries of land borders (with emphasis on the jurisprudence of the International Court of Justice).

International law has made significant progress and development in this decade, the advancement of technology and the reduction of the sense of responsibility, the reduction of the role of ethics and the uncontrolled economic competition between companies and countries have made it necessary to pay attention to environmental issues. The teachings of the Islamic religion have long been open to attention to the environment, with insight in the verses of the Qur'an, attention to the environment can be well understood in this religion. It can be seen that religious texts and the Holy Quran are trying to protect and preserve the environment and that humans benefit from a safe and healthy environment in order to reach the perfection desired by Islam. In this article, environmental rights will be examined from a national and international perspective (Islam and international law).

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.

 Today, due to the failure of the centralized government’s functions in the proper management of public affairs, particularly in the cities, special attention is paid to the issue of decentralization as a suitable solution and as one of the important issues in modern public management at a large level and by shrinking the power of the central government and national policies, more accountable and inclusive governance is created through the transfer of powers and responsibilities to local units. It also increases decentralization, effectiveness in the public service sector, and service distribution. Therefore, the purpose of this research is to review the votes of the Administrative Court of Justice (ACJ) with the components related to the principle of equality in the distribution of public services for the benefit of citizens to assess the approach of the Court in this area.

 The present article is in the field of distribution of public services and urban management in the judicial procedure by referring to written documents and analysis of lawsuits issued by the branches and the General Assembly of the Court of Administrative Justice by descriptive-analytical method and field studies with a practical purpose and this type of research is to fill the legal gap in the Iranian Constitution in order not to mention the issue of equality among the principles related to local decentralization with the model of referring to the votes of the ACJ to provide better public services in society. In this regard, researchers collected information by studying over five hundred samples of votes issued by ACJ, which finally in the text of the article referred to the invoked votes in the field of civil law. The statistical population of the study shows the approach of the judges of the ACJ regarding the principle of equality with the concepts of the local decentralization system and by stratified random sampling method and examining the components related to the principle of equality, such as equality before the law, permissible discrimination, property rights of individuals and legal protection of citizens, as research data and their compliance with the votes issued by the ACJ has been analyzed.

In the Constitution of the Islamic Republic of Iran, there is no mention of the issue of equality among the principles related to decentralization. Of course, it cannot be denied that the Iranian Constitution in other places such as the introduction and some of the principles of the constitution (such as the 19th, 20th, paragraphs 3, 8, 9, 14, 15 of the third principle) emphatically, although in its way, addressed this principle and supported it. The principle of equality, which can be considered one of the valuable norms of the constitution, places all Iranians, regardless of race and language, under the rule of equal law, equal proceedings, and equal public administration. On the other hand, from the perspective of the relationship between the principle of equality and decentralization issues, order to fill legal gaps and resort to administrative jurisprudence with the existing capacities of ACJ is the most important way to overcome these obstacles and achieve the desired local decentralization system to amend the law has been examined in terms of the criteria provided by the ACJ on the principle of equality of local units. Also, in terms of subject matter, the present study, compared to other related studies, deals in detail with the decisions issued by the ACJ in terms of the intersection of the principle of equality with local decentralization, and on the other hand, are used with concepts and components such as property rights of individuals, elimination of unfair discrimination, etc., which are in line with the principle of Equality as a suitable tool at the disposal of the ACJ to limit the local decentralization system, which led to the difference between the present study and the conducted researches.

 The result of the research by examining the ACJ decides that the principle of equality was not explicitly invoked, but by considering the votes issued with concepts and components such as property rights of individuals, removing unfair discrimination, etc., which are in line with the principle of equality, it is possible to search for the traces of the said principle and the court has a positive approach towards citizens' equal use of city services and has prevented various institutions from discriminating against citizens' use of public services in local units.; Therefore, a detailed acquaintance with the limits and loopholes of the principle of equality and the concepts related to it, can provide its existential necessity for principled decentralization and prevent the threats caused by it.