فهرست مطالب sabber niavarani

Following the imposition of United Nations Security Council sanctions against Iran, the United States and several organizations and member states of the European Union implemented unilateral sanctions that extended beyond the resolutions adopted by the Security Council. The Council of the European Union has independently adopted various and numerous sanctions against Iranian banks through separate resolutions. European Union sanctions are binding on all member states, and the lifting of these sanctions by the Council of the European Union is conducted through the approval of a proposal within this Council. Moreover, according to the substantive rules of international law, such as the principle of immunity of central banks, the Central Bank is free to conduct international banking transactions and operates independently from the government, and therefore, imposing sanctions against it is not permissible. This research examines the content of various legal opinions and decisions resulting from the sanctions on the Central Bank of the Islamic Republicof Iran. Initially, some of the most important regulations, decisions, and resolutions of the European Union Council, European Court of Justice rulings, and European countries' decisions, including the United Kingdom's resolutions related to the sanctionson the Central Bank of Iran, will be discussed. Subsequently, the opinions and decisions of the United States will be examined, with the first section focusing on related rulings and the second section on the executive orders of the President, Congressional legislation, and Treasury Department resolutions.

Central bank sanctions are one of the types of economic sanctions. Various forms of economic sanctions in the strict sense of the word, including blocking and confiscating the assets of the sanctioned country, prohibiting export and import and buying and selling goods, blocking assets, (such as the blocking of Iranian assets by the United States following the occupation of the American embassy in Iran) ), currency and monetary restrictions such as increasing international tariffs and not granting loans or reducing credits and inappropriate exchange rate changes. Today, economic sanctions can be mentioned as a tool to achieve foreign policy goals from other countries. The goal of the sanctioning country is to distort the economic relations of the sanctioned country and weaken the system of the target country, through the quantitative and qualitative reduction of the international trade level of that country. At present, the countries that have more economic and military power in the international arena and mainly include Western countries, have a share in controlling the international economy by using economic tools and various related sanctions, including bank sanctions. They act to weaken or expose the economy of the country targeted by sanctions in order to secure their political interests and dominate other countries. For this reason, some Western analysts consider sanctions as a tool that also weakens diplomacy. Therefore, in this article, the legitimacy of banking sanctions in the international arena has been investigated, with an emphasis on banking sanctions against Iran. Also, in this topic, the content of various opinions and decisions resulting from the sanctions of the Central Bank of the Islamic Republic of Iran has been examined.

Healthcare services form the part of the public health system in each country. These services must be accessible, available and economically affordable. Moreover, the protection, promotion and extension of health care are subjected to constructive prerequisites of health such as education, house, food and employment. In international law, states are obliged to use their maximum available resources for the purpose of developing health care services and providing all necessary coverage for all their people.  Ratification and execution of the “Evolution Scheme of Health System” in Iran is a step toward universal health coverage and the realization of the highest attainable standard of health. The main question of the present article is: what legal obligations have been provided in international law in the promotion and development of health care; and what is the “Evolution Scheme of Health System” ’s role in achieving to international health standards.

Absolute justice is the ultimate goal of human life. This desirability has led different religions and schools to resort to this concept and take a stand against it. Islam as a socio-political school contains teachings for human worldly and otherworldly happiness. Therefore, important issues such as government and command and justification of its principles and rules in Islamic jurisprudence, especially Shiite political jurisprudence, have been the focus of various discussions. In general theories of constitutional law, the idea of justice is based on the principles of sovereignty and governance, and justice is basically referred to as the basis for justifying the legitimacy of governments, which is usually emphasized in constitutions. The relationship between justice and the legitimacy of the state is one of the most important intersections of the knowledge of law and politics. Accordingly; Explaining the following questions (firstly, what is the predominant perception of justice in the theories of Shiite political thinkers? And secondly, what is the place of this idea in the theories about the legitimacy of the state in the Islamic discourse of governance?) determines and at the same time justifies the forms of governance and its diversity in Islamic societies. This research seeks to explore some of the theories of governance in a descriptiveanalytical manner in line with the above-mentioned goals, with a historical-philosophical approach and with the focus on Shiite thinkers.

NGOs in Afghanistan, 2 organizations in Iran and 1 organization in the Islamic Republic of Pakistan through budget transparency, transparency of representatives' performance and demand for free flow of information; They fight corruption. This study, with a brief look at the NGOs of the studied countries, examined the developments of anti-corruption criminal laws.Despite legal documentation and legal capacity, however, NGOs active in the field of transparency and anti-corruption have been active in four evaluated criteria; But this activity is not significant in the first place, and secondly, it does not follow a transparency index or a codified anti-corruption program. In order to play the role of these organizations in the field of transparency and anti-corruption, they face disadvantages such as lack of budget, lack of programs, which are the solution of mass financing, development of a comprehensive local program in accordance with international standards, prioritizing legal funds. It is suggested on political aspects and self-transparency

In Iran’s foreign investment law the term of “foreign investor” included real and judicial persons such as Iranian companies controlled by foreign shareholders. On the other hand, possibility of claim against Iran by “foreign investors” in international forum including ICSID, in case of Iran accession to Washington convention, has been recognized. It raises the question of impact of dual nationality of individuals and nationality of Iranian companies as a foreign investor on ICSID jurisdiction. This paper seeks to find the answer to the question by analyzing awards issued by ICSID. The analysis shows that jurisdiction of ICSID cannot be established mere reliance on the dual nationality by respondent and foreign control by claimant. Instead the process of establishment of the jurisdiction is subject to subtle legal considerations.

One of the most controversial issues of recent years in the marine environment is the oil and gas leak, which has been a particular focus of international documents. With a brief overview of the development and evolution of the legal system governing maritime transport of goods and liquids, the conventions governing maritime transport of goods, namely The Hague, The Hague-Visby, Hamburg and Rotterdam, are examined. The impact of the recent convention on environmental pollution has been addressed by issues related to pollution caused by fuel leakage. We answer the question whether this legal regime has been able to solve the recent problems mentioned above at sea and how is the liability arising from the wrongful act? The initial premise of this study is that the Rotterdam Convention is a strong document that can be adopted by major governments in the maritime industry to be an effective step in protecting the marine environment and, if necessary, enacting a new definition of economic development, actively protecting the marine environment and preventing pollution.

Although the immunity of the officials to international courts is not in doubt and the founding and procedural documents of these courts confirm the non-immunity of the heads of state and officials, referring the immunity of these officials to the domestic courts has always been the subject of debate. In particular, with the domination of human rights discourse in recent decades and the need to prosecute perpetrators of international crimes, regardless of their position and the need for the implementation of criminal justice and the fight against impunity for all defendants, has added to the scientific debates on this subject. The domestic courts of some countries, by accepting these arguments, began to prosecute the officials of other countries, which highlights the need to explain various aspects of the subject in light of the recent developments in international law. The United Nations Commission of International Law, in compliance with its task of codification and developing international law, intended to put the issue of criminal immunity of officials by the domestic courts in his agenda. So far, six articles of draft have been approved preliminary and article 7 about exceptions of such immunity is under consideration.

The most recent reactions of States to the use chemical weapon in Syria, whether in the form of institutional co-operation, for example, measures set forth in UNSC Resolutions 2118 dated September 27, 2013, 2209 dated March 2015 and 2235 dated August 7, 2015, or individual reactions, including the US response to the use of chemical weapons in Khan Shaykhun suggests the obligations arising under Article 41 of the draft Articles of 2001 International Law Commission, following a breach obligation arising under a peremptory norm of general international law. Therefore, this paper seeks to answer the fundamental questions whether the rule in question is acceptable as a peremptory norm of general international law. A positive answer to this question will lead to questions about how to respond to the breach. According to the criteria set out in the report of International Law Commission reporter of 2017, the aforementioned rule has made its way to the top of international law norms, but practice of States in reacting the breach of the rule shows that any reaction to its violation must conform the relevant legal framework and using legitimate means.

Protest uprising organized by tractor users in November 2016 on Eastern roadsides of Esfahan Province (IRAN) and their clash with police has been always a headline in newspapers. This phenomenon has been referred to as in only one of the numerous decisions affecting lifes of people radically. Why such decisions have been adopted? and why farmers have been faced so many crisis is the main questions posed by public. This Article seeks to study the nature and role of "public participation" in preserving water sources, as well as capacity of internal law and administrative system of Islamic Republic of Iran for promoting public participation in regulating and adoption of administrative decisions and their implementation for protection of environment in general and especially preserving rare and vital water resources. It seems that failure to respect the principle of public participation as one of the most important elements of governance is one of the important obstacles to realizing sustainable development. Participation of beneficiaries of a given decision in adapting public decisions, which directly affect their lives, through negotiation of people and union representatives, public survey, research and seeking non-governmental organizations' opinions not only can prevent adoption of arbitrary decisions and guarantees transparency of administrative decisions, it also promotes the culture of organizational transparency and contributes to the promotion of public culture and guarantee active participation of citizens in enforcement of decisions which protects rights of future generations and will guarantee sustainable development.

Protection of human dignity requires guaranteeing freedoms, privileges and equal rights for individuals and the imposition of positive and negative obligations on members of international community and the establishment of human rights bodies for monitoring implementation of those rights. However, enjoinment of a minimum level of social welfare is the precondition to realizing the guaranteed rights. This article seeks to answer the questions as to the recognition, content, and elements of the right to the minimum level of social welfare, as well as its normative place among rules of international law. An overview of international human right law instruments and scholarly thoughts reveals that certain elements of the right have already been recognized in international law i.e. the right to food, housing, health, clothing, and social security, although the expression of "right to social welfare" is not referred to in human rights instruments. It seems that the rules governing certain elements of such a right have found their way to become jus cogens.