فهرست مطالب karan rohani

Considering the growing number of human casualties that peacekeeping operations have entailed in recent years, protection and support for peacekeeping forces have drawn further attention. There are fundamental questions in this regard. What are the measures and mechanisms of the international legal system to protect UN peacekeepers? How successful have they been in protecting these forces? This descriptive-analytical study hypothesized that the international legal system used the Security Council resolutions, the Status of Forces Agreement (SOFA), the Convention on the Safety of United Nations and Associated Personnel (1994), the Geneva Conventions of 1949, the Rome Statute of the International Criminal Court (1998), and other documents to devise certain mechanisms and measures for protecting UN peacekeepers. Nevertheless, these mechanisms and measures have failed to yield efficient and satisfactory outcomes as expected. Although all member states are obliged to obey the resolutions of the UN Security Council, the wording and tone of some of these resolutions do not oblige the member states to do so. The SOFA is a bilateral agreement with a limited scope of action in most cases. Moreover, the Convention on the Safety of United Nations and Associated Personnel is a multilateral agreement that has not been welcomed and supported properly by member states, especially those that host UN peacekeepers. Finally, it is difficult to generalize the provisions and protocols of the Geneva Conventions (1949) and the Rome Statute of the International Criminal Court (1998) to the issue of protecting UN peacekeepers.

Since 2015 and the peaking of the EU's refugee crisis, the Common European Asylum System (CEAS) has been seriously challenged. In this crisis, the role of the EU's highest judicial authority, the Court of Justice of the European Union (CJEU), has been crucial. In this descriptive-analytical paper, the cases referred to the CJEU on refugee crisis after 2015 have been analyzed, to answer the question: from the perspective of CJEU practice, to what extent the CEAS has succeeded in managing the EU's refugee crisis? The CJEU’s case law has shown a sort of dichotomy that sometimes leans towards fundamental rights and sometimes in favor of the CEAS. Along with the gradual evolution of the court’s judgments related to the interpretation of the CEAS, the dichotomy is being resolved in favor of fundamental rights, which indicates the need for substantial reform of the CEAS. Due to the need of reforming and updating the Foreign Nationals law of Iran, in light of the CEAS’s trial and error, this paper provides a suitable basis for formulating a set of efficient laws for this purpose.

In the process of UN peacekeeping operations and in the process of conducting peacekeeping missions in war and occupied territories; Crimes may be committed against women that require prosecution. On the other hand, it should be noted that women and children are exposed to victims, including sexual victims, due to their poor physical condition. According to numerous reports to the United Nations through female victims and sex victims, UN peacekeeping forces appear to be a new and serious threat to women and even to war. Children in areas of the host State are considered. Therefore, in this article and through the descriptive-analytical method, we seek to answer this key question: What challenges and obstacles does the prosecution and punishment of UN peacekeepers for committing crimes of sexual violence against women during peacekeeping operations face? The findings of this article show that according to Article 7 of the Rome Statute, the possibility of applying the jurisdiction of the International Criminal Court to the crime of sexual violence against women by UN peacekeepers faces major challenges and obstacles. In fact, the distinction of the present research compared to other related researches is the exploration, finding and detailed analysis of the current capacities of the international legal system for the prosecution and trial of the mentioned criminals.

The regulations and foundations of two prominent legal systems known as the common law and the statutory law constitute the principles and regulations of international criminal proceedings in general and the International Criminal Court prosecutor’s jurisdictions and authorities in particular. The transactional nature of the common law, the investigative nature of proceedings in the statutory law, and the simultaneous acceptance of both approaches in the International Court of Justice led to practical uncertainties and ambiguities regarding the International Court prosecutor’s jurisdictions and his/her interactions with tribunals, especially with pretrial branches. Nevertheless, this intrinsic contradiction appears to be largely consistent with the reality of international criminal proceedings, and the current legal principles are adequately efficient in reaching the International Criminal Court goals from a realistic perspective. This contradiction is highlighted when it is considered in judicial idealism. Hence, any ambiguities in authorities will cause injustice and violate the rights of victims or the human rights of defendants. As a result, there is still a substantial gap between the exertion of a prosecutor’s authorities and the principles of idealism.

The European Court of Human Rights (ECtHR), with substantial supports for asylum seekers, has been a diligent advocate of the asylum seekers’ human rights. The refugee crisis that has gripped the EU since 2011 has challenged the Common European Union Asylum System. This paper, through a descriptive-analytical method, aims to answer the question to what extent the refugee crisis affected the ECtHR interpretation of the European Human Rights Convention concerning asylum seekers? Therefore, four areas of human rights were analyzed, which are prohibition of torture and inhuman treatment (article 3 of the Convention), family reunification (article 8 of the Convention), the right of freedom and security (article 5 of the Convention), and the prohibition of collective expulsion (article 4 of Protocol no.4). The results illustrated that the refugee crisis made the ECtHR increase the scope of its interpretation concerning the asylum seekers’ human rights and demonstrated the conflict between human rights and the Common European Asylum System. Moreover, the member states must respect the human rights of asylum seekers when implementing the Common European Union Asylum System and, In the event of a possible breach, cease the implementation of the Common European Union Asylum System.

 One of the hallmarks of the modern age is the expansion and expansion of international relations between nations. This results in the occurrence of natural disasters in which human beings have no role and even in cases where human beings themselves cause irreparable events such as war. Relationships between countries to help those affected in these incidents are maintained and this is not a prerequisite for countries to refrain from providing assistance, as most of these accidents affect children, women, the elderly and people with disabilities. To be. One of the most fundamental principles of the International Red Cross and Red Crescent Movement is the principle of humanity, which requires that all human beings receive humanitarian aid in order to reduce their human suffering. In this thesis, we intend to articulate the theoretical foundations of this right in line with international documents and describe the barriers and limitations of humanitarian assistance in armed conflicts and natural disasters.

 This research is of a theoretical type, the research method is descriptive-analytical and the method of collecting information is library-based, referring to documents, books and articles.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

 Dealing with the situation of victims in armed conflicts and natural disasters is one of the important issues in the field of international law and especially international humanitarian law. On the other hand, the right to receive humanitarian aid is closely related to fundamental human rights. In other words, the violation of fundamental human rights leads to the indirect violation of the Universal Declaration of Human Rights, especially the principle of humanity, which is one of the principles of the International Red Cross and Red Crescent Movement.

 To determine the right to receive humanitarian aid, we must consider two indicators: in the first place, the relationship of the right to receive humanitarian aid with fundamental human rights and in the second place, the relationship of this right with international humanitarian law. In other words, if we ignore receiving humanitarian aid, this will cause countless human tragedies and even in more severe cases, the violation of these rights will be considered a war crime, such as forced starvation. In this article, we intend to state the theoretical foundations of this right in line with international documents and describe the obstacles and limitations of receiving humanitarian aid in armed conflicts and natural disasters.

Since man-made accidents, whether accidental or intentional, lead to disasters such as human and environmental accidents. It may cause irreparable damage to the fundamental rights of human beings, which the most important include the right to life, the right to water, the right to food, the right to shelter and etc. The republic of Afghanistan is an explicit example. For the reason that since the last decades, this country had faced with political, security and human crisis, because of the competition for taking political position by the heads of state, excessive demands by neighboring countries as well as various interests of great powers. And so on, the fundamental human rights have been violated, such as the fundamental principles that are emphasized within the international rules, particularly International Movement of Red Cross and Red Crescent. It is the principle of humanity, based on which all human beings have the rights, just because they are human and this oblige states to observe it.

This article is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library and it was done by referring to documents, books and articles.

Ethical Considerations: 

In all stages of writing the current article, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Examining the legal situation of Afghanistan from the point of view that this situation is one of man-made accidents and providing long-term and short-term solutions to comply with international rules by the Afghan authorities in order to provide relief and help to the people affected in this category of accidents. In this way, to provide aid to the affected people in a legal and principled way through international organizations and even non-governmental organizations.

In order for the Afghan authorities to comply with international rules, we should consider two solutions: a short-term solution means that if the Taliban group complies with the minimum human rights rules and there is real documentation and under the supervision of an international observer, this If the matter is confirmed, it can be recognized as a contract and in this way, assistance can be provided to the affected people in a legal and principled way through international organizations and even non-governmental organizations and a long-term legal solution, which includes: intervention Humanitarian as long as the territorial integrity of the country of Afghanistan is preserved and does not cause more governments to intervene in the worsening of the situation. In this article, we intend to state the theoretical foundations of this category of man-made incidents in the case of Afghanistan, in line with international documents and describe the obstacles and limitations of providing relief and humanitarian assistance to that country and provide solutions to remove the existing obstacles.

The emergence of international norms aimed at protecting children is one of the most significant developments in modern international law. In this regard, the abolition of child labor was one of the most important developments that were followed by the General Conference of the International Labor Organization after the formation of the League of Nations. Today, one of the four fundamental principles of fundamental labor rights in the 1998 Declaration of Fundamental Rights is “the abolition of the worst forms of child labor”. On the other hand, in recent years, one of the most important tools for the development of human rights has been the interpretation of the European Convention on Human Rights, which is presented by the European Court of Human Rights. Therefore, in this study, the question arises: “To what extent has the European Court of Human Rights ruled in the development of the rights of working children?” In conclusion, this hypothesis has been confirmed that “the court, with a static interpretation approach and by referring its judgments to the main sources of international law, plays an influential role in the development of the rights of working children, albeit gradually. ” The method used in this research is descriptive-analytical and library tools, documents and electronic resources have been used to collect data.

Corruption as a disease exists in all countries, especially in developing countries and the international community in recent decades, while is aware of the harmful effects of corruption, is seeking to prevent and reduce its effects within this convergence which is created as the global anti-corruption movement. The countries while considering the bribery as a crime, they enforced anti-bribery laws, which have both positive and negative consequences, sometimes reduce the motivation of economic actors to enter corrupt host countries and make trade and investment flows so weak to the extent that if the government officials of the host country receive bribes in the executive actions of their country while participating with corrupt persons, if they are not identified and prosecuted, it will not have a fruitful effect on their domestic legal systems. The question of the present article is what effects the anti-bribery laws have on the foreign trade and investment of developing countries. This research has been carried out on the basis of descriptive-analytical method and legal-economic approach, and its result results show that these laws, in addition to deterrence, sometimes create benefits for the beneficiaries of corruption. In other words by taking an alternative measures, they change the type of investment and corruption, which may intensify inefficient methods in developing countries. On the other hand, the enforcement of anti-bribery laws in the home country of a trader can strengthen the general perception of bribery in developing countries and influence the movement of communities in a destructive cycle of corruption.

Almost in all WTO agreements, we are considering the promotion of some elements of good governance to prevent and combat corruption in international trade in order to create a fair competitive environment by creating a conducive business environment. Through meta-analysis, we learned to what extent the World Trade Organization, in addition to the provisions of the agreements, has been able to prevent corruption under the influence of block chain technology. In this regard, the provisions of the organization's agreements and its approach to corruption in international trade were explained and the impact of the use of block chain technology was examined. The study showed that the WTO in the provisions of the agreements obliges the members to observe some components of good governance that are indirectly associated with a preventive approach to combating corruption. It is shown that enjoying block chain technology to set single windows and make use of smart contracts have been considered and used by members according to the relevant agreements. Although the use of this technology has worked well to some extent in facilitating trade, government procurement, and the trade in services, it has led to inefficiencies and challenges in the absence of the necessary infrastructure, which in fact cannot be a viable alternative to powerful institutions that it is created to be replaced.

One of the important indicators of good governance is the fight against corruption, including economic corruption, which the application of unfavorable governance over oil and gas resources may lead to its occurrence. Accordingly, in this article, we seek to examine how the exercise of good governance over oil and gas resources leads to the prevention of economic corruption?Findings and The doctrine of good governance requires that the public sphere be governed on the basis of participation, rule of law, transparency, accountability, productivity and effective performance, and this in particular prevents the occurrence of economic corruption. Prevention of economic crimes related to the governance of oil and gas resources is conceivable in the form of criminal and non-criminal prevention. In the field of criminal prevention, several laws have criminalized various cases of economic corruption. Non-criminal prevention also includes social prevention and the situation that in social prevention, education-oriented measures and the use of public participation capacity, and in preventing the situation, restrictions on the regulation of oil contracts and formal monitoring and control can be effective in preventing economic corruption in oil and gas. Be.