فهرست مطالب نیلوفر مقدمی خمامی

During the Gaza-Israel conflict of 2023 (Al Aqsa storm Vs. Swords of Iron) several allegations and claims have been raised from both sides in order to defend their actions. Hamas, Palestinian Islamic Jihad, and Popular Front for the Liberation of Palestine as Palestinian armed groups insist on their right to self-determination and right to resist on the one hand and Israel on its right to self-defence on the other hand. From the very first day of this armed conflict, Israel as one party claimed that while it has not had any effective control over Gaza since 2006, there is no ground to avoid this regime from its natural right to self-defence. With the emergence of disputes over the concepts of effective control and the possibility of resorting to self-defence, several questions are raised as follows: does an occupying power have the right to self-defence? What are the main criteria for effective control in international law? And does Israel have effective control over the Gaza Strip? The author tries to answer these questions based on the Analytical-descriptive method by using library documents. The results show that there is a doctrine and also a soft law about the new criterion of effective control which focuses on consequences of control rather than its material element, namely Occupation.

Freedom of access to information is generally recognized under the title of freedom of expression as one of the basic human rights in many global and regional human rights documents. Despite this, respect for the principle of national sovereignty of states requires that restrictions be set on the way of this freedom in the legal frameworks such as maintaining order and public morality. The Islamic Republic of Iran faces two basic obstacles in terms of freedom of access to information; On the one hand, under the pretext of imposing restrictions on objectionable media contents (either immoral or subversive) and violation of freedom of expression, it is attacked by human rights institutions, and on the other hand, its overseas networks such as Press TV with accusations such as "publication of baseless evidence" are banned or limited. Now the question is, what is the concept and interpretation of "public order and ethics" in international law and how can the Islamic Republic of Iran, while answering and defending itself legally in international forums, demand the free publication of its media information? The present research has tried to answer the above questions through the analytical-descriptive method and citing library documents. The results of the investigations show that the concept of order and public morality should be interpreted in the framework of the relativistic approach and in accordance with the customary culture of the countries in order to avoid contradictory standards and procedures in the international law system.

Universal Declaration of Human Rights and its two originated Covenants were signed and ratified in order to protect the basic rights of Human being and prevent him from more pain specifically after two world wars’ horrendous experience. Howbeit, the affirmation of these documents about the necessity of “protecting family institution” and different approaches of international and regional human rights institutions have raised some questions. The first question is that what is the philosophical and legal approach to family institution within the International bill of Human Rights? Contemporary International lawyers believe that the International human rights law system has experienced three generations of rights; the first two are about individual rights while the third one contains collective and group rights. According to this discussion, which platform is appropriate to protect the family institution? Based on analytical-interpretive method and through documentary review, this essay has investigated philosophical and legal debates in UDHR and Covenants in order to find the answers of aforementioned questions. The interpretive approach used in this article is "author and text centric" in accordance with the general interpretive rules of treaty law. Findings show that Human rights in its general terms, sense within the framework of the natural law, and the family has been considered in the mechanism of natural rights and has natural origin. Furthermore, the legal personality of family institution includes a unique individual-institutional approach in the Covenants.

Different legal systems, according to their special circumstances, have sought to solve a problem, and that is transparency in legal norms and legal norms and creating easy access to them, and the goal was how we can distinguish valid laws from invalid ones. How can we easily provide access to valid laws for citizens and this case has emerged in different countries in different forms. Creating legal security of citizens in the shadow of a comprehensive and correct legislative system and accurate knowledge of the development and revision of laws and regulations And a historical view of it is possible with the approach of comparative study and in the present article we try to deal with the concept of formulation and revision of laws and regulations and find its roots with the approach of comparative study and its relationship with citizens' legal security. This is a library method, the causes of the failure of the system should be the revision of laws and regulations in the country, in its historical roots and semantics and not in its common pathologies that have been addressed in other articles and writings. Has been found. However, we will also mention the recent cases.

The right to development and discourse on sustainable development in the context of the universal human rights have brought about a wave of regional and global agendas in recent years. The 2030 Agenda, especially its fourth goal in its context of Western humanistic and secular ideas, has imposed certain binding readings in systems of policy-making, legislating, planning, introducing regulations as regards to different countries of the world. In this article, the writers while focusing on the meaning of development and the concept of ‘being developed’ as well as their components in the 2030 Agenda, try to provide an answer to the question “what fundamental challenges does the Islamic Republic of Iran face in the 2030 Agenda for Sustainable Development?” Such challenging components as comprehensive sexual education, elimination of all forms of violence, elimination of sexual stereotypes, special attention to the rights of vulnerable groups (strata), etc. are set as the defining statements (measurements) of development of societies. These components are not consistent with the cultural and social framework of Iran as a country with a totally religious civilization dating back to thousands years ago. They are also in fundamental contradiction with the general domestic policies and the national development paradigms. This involves a conflict between the right to development as well as sustainable development as universal rights on the one hand and cultural diversity of different countries, including the Islamic Republic of Iran, on the other. The method of research in this article is descriptive-analytical.

Family Unity is one of the principles of human rights and is considered in numerous international instruments including the International Bill of Human Rights. However, when the unity right and family re:union: are considered within the framework of international human rights and especially for refugee, they are faced with several challenges in recognition and application on the basis of documents and practice.In any case, since the refugee, as a human being enjoy the fundamental human rights their enjoyment of family unity and reunification in the country of destination is inevitable, necessary and achievable under the international human rights law. This paper gives consideration to international and state practices in this issue while it investigates about the status of the right to family unity for refugees in international law and its challenges and it also legally analyzes the existing capacities in order to join family members to refugee and problems they facing with.