فهرست مطالب dariush ashrafi

Problem-solving research seeks to identify questions and problems that can be proposed and examined pertaining to an organizational issue or social event. This article as problem-solving research seeks to discern and identify legal questions and issues related to the unrest of 1401 in Iran. Identification and definition of these issues and questions provides a favorable ground for legal researchers to deal with the legal aspects of the 1401 unrest in Iran in the form of articles, theses, academic chairs, and even academic treatises. In addition, the results of this research can be useful for policymakers, planners, and legislators. The problem-solving nature of this research led to the writing of this article with the participation of 80 Iranian legal and judicial experts, of which 56 of them agreed to include their names as Co-author, and in this way, the indicator of the "number of authors" involved in the writing of a single article has also set a new record. The tools and methods of data collection in this research were library and case study methods, and the analysis of said data was carried out by the "content analysis" method. In this research, hundreds of questions or legal issues have been identified that can directly be used as subjects for research.

Since the ratification of the Refugee Convention in 1951, the development of international refugee law has faced many political and legal challenges and obstacles. These challenges have been particularly evident in Europe due to high migration and asylum. On the one hand, the philosophy of EU law is based on the theory of the interpretation of political will not the theory of justice. In other words, rights under the hegemony of the political will of European countries have been violated and governments have defined rights as subject to their national interests (Britain's controversial and inhumane plan in June 2020). On the other hand, the jurisprudence of the ECHR and the ECJ indicate the development of international asylum law (order of the ECHR to suspend the transfer of asylum seekers from Britain to Rwanda). In other words, law has taken over the politics. The purpose of this article is to identifying and examining the legal and political challenges to the development of international asylum law in Europe on the one hand and evaluating the jurisprudence of the European Court of Human Rights and the European Court of Justice in relation to the development of international asylum law on the other hand. it is concluded that despite these challenges and obstacles, the jurisprudence of the ECHR indicates the evolution of these rights. Finally, this article demonstrates that governments have an international responsibility for refugees and cannot shirk it, by providing solutions for the development of international refugee law in Europe.

The attribution of actions by terrorist groups to states is a controversial and important issue that has undermined international peace and security. The author has conducted a descriptive-analytical study on this subject using library research methods. The results show that between the two theories of overall and effective control the former provides a much better basis regarding the responsibility of states for supporting terrorist groups. The theory of overall control was established by the ICTY’s Appeals Chamber in the Tadic case, which argued that the effective control criterion provided by the International Court of Justice was contrary to the logic of state responsibility. Of course, the theory of overall control is facing challenges in terms of explaining the attribution of terrorist groups to states. Firstly the relationship between supporting states and terrorist groups such as ISIS is so complicated that it is not easy to examine the extent to which governments support such groups, as they try to keep their ties to these groups completely secret. Secondly, in some cases even overall control over terrorist groups such as ISIS does not exist. In other words, despite the fact that these groups are supported by states, they operate independently. In addition, there is no unified case law in this regard, and this makes it difficult to attribute the activities of terrorist groups to states.

Responsibility of the non-state actors in international relations, an international controversy, should be examined and analyzed, given the increasing trend of regional proxy wars. This study has aimed to explain the International Court of Justice's fundamental approach to the rules governing the responsibility of non-state actors in international relations through the Nicaragua case verdict. To examine, effective control was investigated as the principle governing governments' international responsibility concerning the Nicaragua verdict as the basis for the issuance of the International Court of Justice's verdict. Furthermore, the ruling of the former Yugoslavia's Criminal Court, in conflict with the ruling of the court, will be discussed. Finally, the necessity of a change in the approach and the rules governing the international responsibility of governments will be debated. The results obtained from the present study have indicated that the ruling procedure of the court of justice has undergone certain changes after the Nicaragua case of 1989 regarding assignment of the actions of the non-state actors to the supporting government; otherwise, international law would not be responsive to the new legal incidents and questions, rendering it ineffective in serving justice with criteria such as effective control. Thus, to guarantee basic human rights, international law must pay special attention to other numerous progressive criteria, namely overall control; these criteria shall be theorized in this section of the international law. The Nicaragua verdict is based on a realistic theory regarding international relations and international law, which could be cited as a reliable source in its own time. However, nowadays, as idealistic theories regarding basic human rights gain power, it could be claimed that the basis of the issuance of the Nicaragua verdict is not effective in explaining and analyzing the responsibility of the supporting governments and non-state actors in the violation of the humanitarian obligations.

Due to the need to create a general consensus for the subjects of international law in order to achieve common goals, a moral obligation was formed, which led to the emergence of soft requirements in the executive structure of governments. These requirements have no executive guarantee, but over time Will have. The purpose of writing this article is the voluntary compulsory review within international law, of which the 2015 Paris Climate Change Agreement is considered as an example. The question is; Given the developments in international law, to what extent can the guarantee of its implementation be effective in the executive structure of states in relation to international treaties? The research hypothesis is that it seems that voluntary obligations can be effective and guarantee adequate implementation in the executive structure of governments in relation to international treaties. This study is a library method and requires the international community to take care of these obstacles.

The purpose of this study is to determine the impact of legal and international requirements related to the Convention against Climate Change on the performance of countries. This research is of theoretical type which has been done by in-depth study method and comparative comparison. For this purpose, the performance of 36 selected developed and developing countries was examined. The results indicate that 3 types of approaches and 3 models of mechanisms have been determined for all countries. Obstacles and challenges are divided into national and international levels and are placed in a total of 6 separate categories. Only developed countries have welcomed the approach of "stabilizing greenhouse gas emissions to 1990 levels". Also; Developed countries have performed better in adopting "trying to reduce greenhouse gas emissions" and "adapting to the consequences of climate change" approaches. As for the "joint implementation" mechanism, the only countries that have acceptable performance are India and Mexico. Countries' performance on the "diffusion trade" mechanism has been acceptable, and there is a growing trend in terms of the number of countries that have joined the mechanism in each period, and only four countries have been successful on "clean development".

Considering the need to create a common consensus for the subjects of international law in order to achieve common goals under voluntary conditions, moral requirements were formed which led to the emergence of soft obligations in the international law literature. Had. The purpose of writing this article is to judicially examine the obligations of soft law within hard law, of which the 2015 Paris Climate Change Agreement and the Clean Air Act and Judicial Enforcement Guarantee are examined as examples. The question is; Given the soft legal obligations, to what extent can the guarantee of its implementation be effective in Iranian law according to the Paris Agreement? The research hypothesis is that it seems that soft law obligations can be effective and guarantee sufficient implementation in Iranian law according to the Paris Agreement. This study is a library method and requires the international community to address these barriers.

Establishment of international peace and security has been among the oldest aspirations of mankind. Peace and security have never had a firm concept but have changed gradually within the years. Before the recent changes in international relations, according to the system that called Westphalia Regime, peace and security were regarded as respecting to the meaning of sovereign rights, equality rights, observance of states immunity and their representatives, respect to territorial integrity of states, non-intervention in each other's internal affairs and peaceful settlement of deputies. However, globalization has changed the concept of international peace and security. In this period, the essence of threats has been changed so as to the threats have been extended from military aspect to other aspects including: poverty and starvation, terrorism, smuggling and organized crimes, breakout of epidemic, uncontrolled immigration, destruction of environment and human rights violation. According to such an interpretation of international peace and security, the security council of the United Nations which is the main organ for protecting peace and security, after the end of the cold war, has regarded humanitarian crisis, ethnic cleaning, political regime change as the threats to the international peace and security.