فهرست مطالب fatollah rahimi

Today, normativity and its different types are emerging in whole system of international law in various ways, which has formed the existing new order of international law and overshadowed the dynamics of it. The importance of norm making under the principles of natural rights and natural law, causes moral obligations in international law under the free will of states resulting in the balance of positivist law with the emphasis of minimum of natural law. In this regard, by hiring the descriptive method, this research examines why norm-making with the framework of modern natural law, seeks to provide a solution for the basic challenges in contemporary international law through an analytical approach, so emerging norms have overshadowed the existing order. Considering the importance of international legal obligations in the contemporary world, the obligation of state-countries' to moral legal obligations and tying the concept of morality and law-though to many there is no need to establish a relationship between them- also the change of the international order and the revival of modern natural rights with emphasis on the cooperation of states in consolidating the international common good, with the highlights of human rights and justice, has created the universal responsibility in moral observance of international obligations, including universal obligations, which justifies the feasibility of normative theory based on the rules of natural rights under the positive law. Today, positivist international law is no longer hard law based on the pure will of states due to the validity of international law rules with the help of the pursuit of the international common good, and by safeguarding the characteristics of common values under the protection of human collective life, the rights of solidarity, peace and human security, respectively have been in the center of attention. The reflection of these common values of humanity under the modern norms of international law follows the parallel moral obligations of states in guaranteeing both individual and social interests on the basis of the rule of law and norms of natural rights, in the form of human rights.

Cyber ​​actions on the Internet is known as information war that has emerged with the information revolution. Today, such type of war with the term cyberterrorism refers to a set of techniques that are intended to prevent access to information and create confusion and disrupt the security of the government or the target group and affect vital, sensitive and important centers.Considering the high importance of information technology in today's era and the lack of stability of the information base, this has become one of the potentially vulnerable and dangerous points in the world. Protecting this technology from existing threats in order to maintain national security and privacy of citizens in the atmosphere of war and international hostilities, requires prompt attention and action, and at the same time systematic and reasonable in this field.Recently, the attacks that occurred on gas and fuel stations in Iran; In fact, it indicates a kind of warning about the possibility of targeting security centers and vital facilities and causing disruption in the political, production, economic, social and even transportation networks, which can target different networks of the country like dominoes one after the other. disturb This article examines cyber terrorism with a critical and analytical approach in the modern international law system and challenges the actions of countries in this field in the realization of emerging forms of crimes related to cyber terrorism.

Corporations and states in the international arena violate rules and regulations by means of different measures such as hiding behind the corporate veil in limited liability companies and gaining fake treaty protection. International tribunals to act against such misuse of rights pierce the veil between the parent company and the subsidiaries and consider their personality as one so that there will be no escape from justice for them. Tribunals in treaty shopping apply veil piercing and disregard the nationality the company gained. In addition, arbitration agreements can be extended to third parties under some conditions using the veil-piercing principle. Thus, applying the corporate veil piercing principle which is an iconoclast principle that puts an exception to those legal structures without which it results in breaching the laws and lack of justice. The research methodology is descriptive-analytical. The main question of this paper is how does the principle of the corporate veil affect the development of international law? The result indicates that this principle developed the legal personality of the corporations, arbitration clause, nationality, and control rule in international law.

Cyberterrorism is aimed at preventing access to information, data and causing confusion and disrupting national and international security for the involved parties by creating terror in the current world with ultra-advanced technology and affects vital, sensitive and important centers. It is necessary to pay attention quickly and at the same time intelligently, purposefully and reasonably to the issue in order to high protect these centers from existing and possible threats in order to maintain national security and privacy of citizens in the field of cyber warfare. Cyber ​​terrorism and its relationship with international law in the form of international conflict law and humanitarian law is the main focus of this research and analysis essay. The inductive approach used in the analysis of the issue shows that the nature of cyber terrorism is defined in international law under humanitarian law and provides measures to deal with it by governments or states.

It is highly evident that ',Forum shopping is a critical term in the common law system; nonetheless, such a term is a new concept in the Roman Germanic law used in the case of fraud in relation to the jurisdiction of the courts. Nowadays,, fraud, whether in relation to the law or in regards to the choice of court jurisdiction, with the intention of harming the defendant and attaining the interests of the plaintiff; It is one of the cases for sure caused deep concerns in the private relations of people in the international level. In this article, the concept of common law regarding forum shopping is debated in terms of private international law, viewed as one of the difficulties to the implementation of foreign law in the common law precedent, since this matter of importance never be regulated in Iran's legal system and codified law; therefore this article suggested some ways to prevent its occurring.

It is highly believed that International law is a product of natural law theory . The modern school of natural law, in its return to overcome international legal positivism, is based on the fact that with its effectiveness in the moral dimension of obligations, it has led to the adherence of states as subordinates and exclusive subjects of international law to their obligations, and the states It has brought state-countries closer to global and shared responsibility in international obligations such as general obligations. In this article, the approach of modern new natural law regarding the international obligation for the subordinates of the international law system has been analyzed and the achievement is important from this point of view. Because the revival of the principles of natural rights in the current order of the international law system has compensated for the lack of ethics in international positivism and has created special flexibility, especially in the general obligations of main subjects of international law which are only states.

The idea of “public contribution” in running domestic affairs is a measure of public rights which can be effective only under supports and protections of government and the Constitution. Additionally, “recognizing” or “fulfilling” the citizens’ rights in determining their fate can lead to high public contribution and participation. In this vein, to encourage citizens for public contribution, most states try to localize and organize legal contributions in both national and international arenas and have found that people’s increasingly presence and role in society’s leadership is more effective than any other structural and normative factor in achieving government’s goals. The present paper is based on cause-and-effect analysis of data while data collection technique is based on library and documents studies in order to answer research questions. It seems that considering radical changes in global modes and current emergency conditions including Covid-19 pandemic, an attitudinal change – albeit untold – has happened in the world’s ruling methods and practices. By expressing the fact that keeping human health and life take priority over any other issues including radical rights of human contribution, governments are now pursuing a policy based on limitation and prohibition of human contribution to social events and public places. In conclusion, it should be noted that adopting such policies is a serious threat and reduces public contribution. By emphasizing the necessity of citizens’ contribution in the society, the present paper attempted to provide an image on tangible transformation in global governance paradigms and tendency to Nanny State Model influenced by Covid-19 pandemic crisis.