فهرست مطالب seyed bagher mirabbasi

The purpose of this paper is to make a comparative study of the dimensions of refugee property rights in Iranian law and international documents, which has been done by the library method. Refugees, like other human beings, undoubtedly enjoy all the fundamental rights and freedoms recognized in the human rights system. However, given the special situation and circumstances in which refugees find themselves, the enjoyment of only certain rights is of particular importance and they have special duties in accordance with those conditions. The findings of the study indicate that: The right to property is one of the issues that is emphasized in the Convention relating to the Status of Refugees, the right to acquire movable and immovable property. Article 13 of the Convention stipulates that the Contracting States shall treat refugees in relation to the acquisition of movable and immovable property and other related rights, as well as in the case of lease or other contracts relating to the ownership of movable and immovable property, to the extent possible. Foreign nationals in Iran According to the Aliens Acquisition Regulations adopted in 1327, if they want to acquire property in Iran for their residence, industry or place of business, they must submit the declarations of the registry office of the location of the property to be sent to the General Registry Office for permission.

The purpose of this article is to investigate the developments along the Hirmand border river between Iran and Afghanistan from the perspective of international law with regard to the phenomenon of climate change.

The research method is descriptive-analytical and taken from library sources.

The results showed that the differences in the field of settlement of the Hirmand river, the differences caused by the instability of the pattern of distribution of the land between the two countries lead to differences in the area of determining the extent and territory of the border area. Afghanistan does not consider itself to be responsible for the implementation of the Iran Retribution Agreement and the current conditions and the absence of a central government and stability in the eastern neighbor, as well as the poor living conditions of the Afghan people, the use of economic leverage and the expansion of the sphere of influence through economic investment, cause the lack of The follow-up of the payment status has been made, while the establishment of the regional water base organization with the presence of Iran and Afghanistan and monitoring the implementation of the regulations and commitments between them as a converging factor and regional unity can be effective in obtaining and protecting national interests.

At any point in history when the Hirmand problem entered the political phase, solving the problem has become more complicated. The government of Iran and the Taliban should practically show their joint cooperation and interaction based on good neighborliness in the full implementation of the Hirmand Treaty of 1351, so that the Hirmand water issue does not become a political issue or a conflict between two neighboring countries without cause and necessity.

The aim of the present research is to examine the obstacles existing in Iran's laws for accepting commitments to the World Trade Organization (WTO). The research method is descriptive-analytical, and the results indicate that Iran's problems in joining the WTO stem from both internal and external factors. Apart from the current problems and instabilities prevailing in Iran's economy, some domestic laws also fail to align with WTO regulations. For instance, Article 44 of the Constitution, which enforces state ownership and monopolies in significant sectors such as industries, mines, banking, radio and television, shipping, aviation, etc., underscores the overbearing presence of government and semi-government entities in the economy, while relegating the private sector to a marginalized role in economic activities. Furthermore, due to the absence of a single exchange rate, regulations related to foreign insurances, insufficient support for foreign investment in Iran and high import tariffs, some other domestic laws not only fail to conform to WTO regulations but also contradict them significantly. In Iran, due to access to foreign currency resources derived from oil exports, the foreign trade sector has not developed properly and proportionately to the needs, resulting in various problems. The emergence of these issues and the potential decrease in oil export revenues in the future underscore the significance of the foreign trade sector and its presence in global markets. Therefore, increasing production, enhancing export capabilities and competitiveness on a global scale, and benefiting from the facilities of the WTO are raised as necessities.

Civil liability in environmental damages is one of the new legal institutions that has increasingly attracted the attention of private lawyers and legislators. Today, due to the fact that pollution in Iranian law has become very high, this will cause many risks and losses, including large financial losses and irreparable damage to health. It is very necessary and vital to anticipate the appropriate rules and regulations in this field. The first theory in the theory of environmental pollution responsibility is the theory of fault. Therefore, the purpose of this study is to investigate the responsibility of environmental damage in Iranian and international law. Although governments today are responsible for their own harmful actions, since the civil liability of the government in Iran is based on fault, it is difficult to compensate for many of the damage done to the environment. Therefore, it was better to consider pure responsibility for the perpetrators of environmental damage and pollution. Damage to the environment and the resulting damage is one of the problems faced by today's society, and that the environment has been seriously damaged in various ways on a daily basis, but regardless of the damage to a particular person, it has been left without compensation. And no one bears this responsibility, so due to the need to compensate for any loss or damage, in most legal systems, the study, evaluation and discussion of civil liability for environmental damage, will have a special place in jurisprudence.

General Principles of Law recognized in civilized nations, as one of the main sources of international law, has played an important and effective role in international arbitration tribunals compared to other parts of international law. So far, no article has been done that independently examines the function of this source of international law.

This research was done using descriptive analytical method.

Applicable law, Protection of legal order, the basis for law making, interpreting the rules of international law, and a rule in international law are the functions of this main source of international law.

Today, one of the most fundamental concerns of humanity is the maintenance of world peace, security and order, and international law always tries to maintain international order and peace by establishing treaties and establishing organizations. Intellectual property rights, which in today's world have transcended geographical boundaries due to their excessive use and have become very important internationally, have caused great scientific, cultural, artistic, exploratory and inventive changes. But he has appeared in the international arena with dual faces. On the one hand, growth follows the progress of science, industry and art, and on the other hand, it is a tool in the hands of intellectual property rights holders to violate international peace and security. There are many examples in the world today, such as the use and proliferation of weapons of mass destruction, the monopoly of the right to produce drugs and the lack of access of countries to it, which shows the violation of international peace and security by intellectual property rights holders. But what are the mechanisms by which intellectual property law and international law violate international law and, in fact, international peace and security? Examination of documents related to intellectual property rights and guarantees of their implementation shows that there is no guarantee that international property rights holders who violate international peace and security will violate international peace and security. In international law, the mechanisms provided for in international instruments, except for issuing resolutions, declarations, reporting and announcing them to other governments, do not guarantee practical implementation,

Aviation cyber security is becoming a very serious subject. The air industry is a complex, advanced, multidimensional with an international scope industry is distinguished became its complexity among industries. One of the most important and vital issues of aviation is to ensure the accuracy of navigation systems and air traffic control, which has a direct impact on flight safety. The article is prepared to explain and evaluate the rules of cyber security regime in the field of international aviation law and the responsibility of governments and international organizations in sight of the existing rules of international responsibility plan and through this to examine the conditions and effects of each.

This article was written by descriptive-analytical method in terms of collecting library data and reviewing documents.

The International Cyber Security Regime is a mechanism for cooperation between governments and cause trust and security, and the protection of aviation infrastructure is a top priority for governments. The aviation industry is facing novel threats, and there are various cyber security concerns at airports and in-flight aircraft, and the need to "smarten up" airports is being seriously felt due to increased connectivity of systems and processes and protection of navigation systems. The development of security rules and regulations is one of the strategic goals of the International Civil Aviation Organization and its member countries, in order to ensure sustainable aviation security measures.

The purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the world, which is considered one of the most fundamental concerns of humanity today. Intellectual property rights are also a bridge between international law and private law, it is protected by international laws and is considered one of the most important issues of the present age due to its limitless application. Its importance is more evident when it breaks geographical borders in the international arena, brings growth, scientific progress to countries and shows its effect from one country to another. But what is the role and position of intellectual property rights with such broad dimensions on the most important goal and mission of the international law system, which is the realization of global order, peace and security? In this research, by examining the place of intellectual property rights in the international legal system, it was concluded that intellectual property rights, in addition to their positive effects on the fulfillment of international obligations, also have negative effects on these obligations and in some cases, their effects lead to the violation of international obligations. and endangers global peace and security. The production, invention, use and expansion of weapons of mass destruction by the owners of intellectual property rights, monopolizing the production of drugs, medical equipment, vaccines and

The United Nations Security Council, as an institution responsible for maintaining and ensuring international peace and security, has played an effective role in the crisis of the Iraq war against Iran. The current research aims to examine the responsibility of the Security Council for the identification of the belligerent aggressor. The question of the article is: Based on the peacekeeping operation, what duties did the Security Council have regarding the war between Iraq and Iran? The hypothesis is: introducing and identifying the threat from the aggressor, establishing a cease-fire, determining damages and handing over the aggressor to international institutions to establish justice, are elements of peacekeeping operations by the Security Council, which have never been strictly implemented against Iraq. has not been The results of the research indicate that taking responsibility for the identification of war aggressors as well as ensuring international peace and security, in addition to being responsible for governments, also creates responsibility for international organizations such as the Security Council. . For this reason, in addition to the country of Iraq, which initiated the war against Iran, the United Nations Security Council is responsible, both during the war and today, when the question of receiving compensation for Iran is raised. In addition, the neutral countries that did not respect the principle of neutrality during the war are participants in the war and are therefore required to pay compensation. The current research has used the descriptive and analytical method and the theoretical framework of peacekeeping operations.

Refugee rights are an important issue in international law in the present century. Riots and internal, regional and global crises have forced millions to flee their homeland. Therefore, the rights of refugees, along with other legal issues, have been raised in international law and treaties and treaties have been adopted to resolve the refugee crisis. The formation of refugee rights began in 1951 with the passage of the 1951 Convention on the Status of Refugees after the outbreak of World War II and the influx of large numbers of people from war-torn countries. In this regard, we are witnessing the development of the rights of this human group in the legal system of Islamic countries. Refugee rights have developed and evolved as a result of the confrontation and influence of the rights of Islamic countries and international human rights on traditional international law. Of course, sometimes the conflict of national interests with the principles of international law has prevented the proper implementation of human rights standards in relation to refugees. At the same time, the results of this article indicate that the international human rights system has been able to have a positive and transformative effect on traditional international law regarding the observance and development of refugee rights, and Islamic countries have developed important documents from The Islamic Declaration of Human Rights, for example, seeks to establish, develop, and protect the rights of foreigners, especially refugees, which has undoubtedly had an impact on the international human rights system.

In this century, and especially in the last three decades, the creation of free commercial and industrial zones and the creation of a legal protective atmosphere governing them have been proposed as one of the practical policies of governments, especially in developing countries. The said policy in countries with hydrocarbon resources and its downstream industries has often led to the creation of energy hubs in these areas. The most important prerequisite for the creation of such regions is the special attention of the trustees and statesmen, firstly, to the special legal regime governing these regions, and in particular, in order to establish their effective connection with foreign markets, attention and emphasis on international legal systems, which is the most important prerequisite for attracting and attracting foreign investors. Therefore, perhaps the most important responsibility of the organizations in charge of free commercial and industrial zones of the country is to manage the recognition and use of international legal rules, principles and systems in an effective manner, so as to efficiently manage the commercial and industrial activities and processes of the said zones with natural and legal entities. Foreign is possible. General international law and its sub-branches, including international investment law, international trade law, international economic law, international oil and gas law, international law of the seas, law governing the settlement of international disputes, etc., as the most important means of knowing and The management of commercialand economic relations of domestic managers and businessmen with investors and international partners is discussed

The performance of the United Nations Security Council, in the nuclear case of the Islamic Republic of Iran, before and after the Joint Comprehensive Plan of Action (JCPOA) is the subject of research by the participants and it is answered that the legal performance of the Security Council regarding the nuclear case of the Islamic Republic of Iran, before And how was it after the JCPOA and how are its effects and legal loopholes explained? According to the United Nations Charter, the Security Council is the most important pillar of the United Nations in safeguarding international security and peace. Before the JCPOA agreement, the Security Council approved crippling sanctions against the Islamic Republic of Iran by approving six resolutions, and after the JCPOA agreement, it approved Resolution 2231 and formalized the Joint Comprehensive Plan of Action (JCPOA) as an appendix to the aforementioned resolution. He forgave and canceled all his previous resolutions with this action. Therefore, this researcher aims to first determine which of the situations against international security and peace regarding the nuclear activity of the Islamic Republic of Iran was exemplified under the seventh chapter of the United Nations Charter, when the case was referred to the Security Council and the aforementioned resolutions were issued. Secondly, how and on what basis has the legal performance of the Security Council regarding the nuclear case of the Islamic Republic of Iran been after the agreement on the Joint Comprehensive Plan of Action (JCPOA) and the approval of Resolution 2231. Thirdly, what shortcomings, ambiguities and controversial points did the above-mentioned agreement contain, which created the ground for the withdrawal of the United States of America as the main negotiating party from the JCPOA, and as a result, the withdrawal of the United States of America from the JCPOA collapsed based on the JCPOA agreement. Iran's diplomatic efforts to resolve the propaganda concerns of the West, especially the United States of America, against peaceful nuclear activities by actively participating in the Joint Comprehensive Plan of Action (JCPOA) negotiations, finally by changing the presidency and transferring power from the Democrats to the Republicans, and the U.S. foreign policy turn America has practically prepared the ground for the escalation of hostilities and threats to international peace and security with the unilateral withdrawal of the United States of America from the Joint Comprehensive Plan of Action (JCPOA) and the status of this international multilateral agreement has been left in an aura of ambiguity and impasse until now.

The great mission of international law is ultimately to establish world order, peace and security, which is one of the most fundamental concerns of humanity today. Intellectual property law is also a bridge between international law and private law, it has the protection of international law and is currently one of the most important issues of the present age due to its unlimited application; Its importance becomes even more apparent when it breaks down geographical borders in the international arena, leads to growth, brings scientific advances to countries, and exhibits its effects from one country to another. But what is the role and place of intellectual property rights with such wide dimensions on the most important goal and mission of the international legal system, which is the realization of world order, peace and security? In this study, by examining the position of intellectual property rights in the international legal system, it was concluded that in addition to its positive effects on the fulfillment of international obligations, intellectual property rights also have negative effects on these obligations and in some cases lead to violations of international obligations. And endangers world peace and security. The production, invention, use and proliferation of weapons of mass destruction by intellectual property rights holders, the monopoly on the production of drugs, medical equipment, vaccines and sanctions for other countries are examples of violations of world peace and security that unfortunately in international intellectual property regulations There is no enforcement to prevent these cases, but sometimes

Throughout history, war has inflicted horrific casualties on children, but modern warfare skills make children more crippled and abused than ever before. Given this necessity, the purpose of this article is to examine the consequences of the Syrian war on the rights and health of children and how to protect it. The results show that in the context of global action to increase child protection in armed conflict, this article examines a wide range of important issues related to children's rights and health in the postwar period, and states that issues such as ending amnesty for crimes against children Ending resistance to war, providing children with a place in security programs, controlling and declaring violations of children's rights in war, responding to the scale of sexual conflict and building peace, involving adolescents in reconstruction, supporting children in terrorist attacks, improving information Gathering information and psychoanalysis of children in war, educating and paying attention to children's rights and gender, establishing a social community to support children, preparing resources for children affected by war should be considered as an urgent request in international organizations and courts To be placed.

The Paris Agreement is one of the most important global climate change agreements that has created requirements in international and domestic laws that have affected the rights of individuals and human rights in various cases. The purpose of this article is to explain the human consequences of climate change. Emphasis is placed on human rights considerations and the 2015 Paris Convention. The research method is descriptive-analytical. The research method is descriptive-analytical. The results of the study showed that climate change and measures taken to reduce climate change and adapt to the adverse effects of those communities and nations have been severely affected and a threat to the destruction of people's culture, uninhabitable land ‌ Their deprivation of livelihoods, the global spread of deadly diseases, and the serious threat to human rights to international peace and security. The negative impact of water resources and the effective enjoyment of the right to water and food has also been exacerbated by climate events, such as floods and droughts. Therefore, States Parties to the Convention on Climate Change should incorporate general support into the climate change system in their climate change activities and, by providing sufficient transparency, the opportunity for public participation in decision-making processes. - Create a catch. It is therefore necessary to integrate human rights considerations into the relevant processes of the United Nations Structural Convention on Climate Change, including any institutional and legal structure resulting from the agreed results of the new negotiations.

The purpose of this article is to examine human rights in the discourse of the Mahdism doctrine. The research method is descriptive-analytical and using library resources. In response to the main question, what is the place of human rights in the discourse of the doctrine of Mahdism? It can be argued that the doctrine of Mahdism places more emphasis on the value or acquired dignity of human beings, but the Universal Declaration of Human Rights avoids acknowledging the inherent dignity of dignity in order to avoid conflict with the views of secular countries. Belief in the realization of rights such as equality, justice, security, and prosperity has led to the universality, excitement, and idealism of Mahdism as proclaimed by the UN General Assembly in 30 articles of the Universal Declaration of Human Rights in pursuit of the common goal of promoting human rights and freedoms. . Finally, in the age of advent, no one is excluded from the scope of "human rights" and belief in the Mahdi (pbuh) is not only an indication of an Islamic belief, with a specific religious color, but the desire of all human beings with different religions in the form of natural inspiration.

Because the Charter of the United Nations places a high value on the protection and development of human rights. The United Nations therefore considered establishing mechanisms to protect and promote human rights. Accordingly, the former Commission on Human Rights established procedures in relation to countries and issues (Special Rapporteurs and working groups) to monitor how countries pay attention to human rights law. After the establishment of the Human Rights Council, these special procedures continued their activities in order to study the human rights situation in the countries or the thematic study of the human rights situation in all parts of the world. Considering the position of the right to safe drinking water as one of the fundamental human rights and on the other hand, considering the role of the Special Rapporteur on the right to drinking water in supporting and promoting this right in developing countries, the Special Rapporteur is effective in supporting and promoting This right is considered.

Every legal regime is a purposeful, systematic, and inherently unified set. In the national legal regime, the government and in international law, the United Nations is the axis of the international legal regime. Governments have international responsibility for violating international obligations because of their special position of "sovereignty." The responsibility of states for their actions, which is interpreted as "international responsibility", includes compensatory mechanisms, which follow "international obligations". International aviation law includes international obligations that governments are committed to complying with. Requirements of governments include; "Governance obligations such as the obligation to cooperate and legislate" (Do's) and "the obligation to abandon prohibited acts and prevent and deal with violators of the rules" (don'ts). The author's purpose in presenting the issues and topics of the forthcoming article is how civil liability, acceptance and commitment to international treaties and conventions, along with the oversight actions of national airlines, can improve the safety and security of airlines and airports?

Seas have a special place in human life; In order to meet its needs to any extent, it has always considered the seas as one of the important geopolitical resources and today, regardless of the important role of the seas in other areas such as temperature regulation and food supply, this water area is the choice. It is the primary and irreplaceable human species for trans boundary transportation of goods. The purpose of this study is to identify the role of international environmental law in the protection of the seas. This research is a review that has been done through extensive studies. The results indicate that the attention to the transportation of dangerous goods is noteworthy because of their destructive and potential effects on the marine environment. The type of transportation and safe storage of hazardous materials in ports is an important issue emphasized by all governments and international maritime organizations. The international responsibility of governments and international organizations for marine pollution can be considered as one of the main causes of the evolution and development of international environmental law in this field. In addition, the damage caused by the maritime transport of hazardous materials is different from the maritime transport of other materials, and this requires the international community to provide effective means of managing the transport of hazardous materials with the most destructive effect. Put on the marine environment, adopt.

The purpose of this article is to examine the property rights of refugees in Iranian law and international documents, which has been done through the library method. Refugees, like other human beings, undoubtedly enjoy all the fundamental rights and freedoms recognized in the human rights system. However, given the special situation and circumstances in which refugees find themselves, the enjoyment of only certain rights is of particular importance and they have special duties in accordance with those conditions. The findings of the study indicate that: The right to property is one of the issues that is emphasized in the Convention relating to the Status of Refugees, the right to acquire movable and immovable property. Article 13 of the Convention stipulates that the Contracting States shall treat refugees in relation to the acquisition of movable and immovable property and other related rights, as well as in the case of lease or other contracts relating to the ownership of movable and immovable property, to the extent possible. Foreign nationals in Iran According to the Aliens Acquisition Regulations adopted in 1327, if they want to acquire property in Iran for their residence, industry or place of business, they must submit the declarations of the registry office of the location of the property to be sent to the General Registry Office for permission.

The Karabakh conflict is one of the old conflicts in the territories under the control of the former Soviet Union and within the territory of the Republic of Azerbaijan, which is of the above importance due to its influence on the stability and security of the Caucasus region and the special position of regional and extra-regional powers in the foreign policy. It has a great reputation and has attracted the attention of the world communityThis conflict has historical roots and contexts that include ethnic, religious and territorial claims and disputes to the extremist policies and goals of nationalist parties and groups, as well as the economic and political interests of regional and extra-regional governments, despite being limited in one circle. The small geographical area has regional and international dimensions and consequences, and it has provided reasons for regional and world governments to take positions.In this article, we discuss the importance and position of the Karabakh conflict in the foreign policies of regional and extra-regional governments, and we try to discuss the goals and interests of the policies and the role of such governments in the aforementioned conflict.

Arbitration in international trade has gained a special place in recent decades, and traders and those involved in international trade have found it a good and reliable way to resolve their trade disputes, so today the condition for resolving disputes in general contracts. Commercial is a relatively basic and fixed condition. Third-party objection is one of the most extraordinary ways to file a complaint against adultery in cases where a ruling is issued in a lawsuit that violates the rights of a third party. The third party has the right to object. Inevitably, in order for a third party to object to the arbitral award, a series of necessary conditions are necessary.Although the new UNCITRAL rules are based on the privacy and confidentiality of the arbitration proceedings, there is only one exception to the agreement of all parties to the arbitration to allow a third party to attend the arbitration proceedings or to issue an arbitral award.

The hypothesis is shared by the third generation of human rights. Therefore, the researcher has to deal with international law issues, sustainable development of the environment, and the effects of the use of fossil fuels, which should be the concept of the environment from the concept of soft, The whole world of law becomes international. If the path to global development is to use more energy and the possibility of environmental pollution, it will take a large part of the minds of scientists Allocated complex social relationships and the type of behavior and interaction of man and the environment And the negative effects of human intervention in the natural order require the rule of law and its enforcement, and this issue is true both in developed and developing societies.The environment is an issue that can no longer be discussed and acted on as an island today.The environment is an issue that can no longer be discussed and acted on as an island today.

In most cases before the International Court of Justice (ICJ), the respondents in accordance with the Rules of Court, raise a preliminary objection to the jurisdiction of the Court, the admissibility of the application or other objections. Upholding a preliminary objection in a particular field prevents the Court from exercising its jurisdiction in that field.“Non-existence of dispute” has been one of the most important grounds for preliminary objections to the jurisdiction of the International Court of Justice from the past to the present. Accordingly, the respondent claims that, essentially, there is no dispute between parties in the case at hand. This article examines definition, importance, nature, and requirements of “dispute”. Then the basics of the existence of dispute will be discussed, such as the subject-matter of the dispute (real dispute), its relevance with parties, its determination and objectivity, concurrence and awareness requirements, prohibition of increasing and changing the dispute, threshold of existence of dispute and the burden of proof, in the light of Articles (79), (79bis) and (79ter) of the Rules of Court, its Statute and judicial procedure.

International Maritime Organization (IMO) is the supreme authority of making and passing international maritime regulations and standards. However, the member states have always had problems in enforcing these regulations. Employing a descriptive-inductive method, this paper aimed to examine the IMO’s role in empowering the member states to enforce regulations through its affiliated educational bodies. Considering the role of education in empowering the states facing such problems, IMO created a number of support guidelines to assist the member states in enforcing maritime laws and regulations. Still, IMO’s most important educational foundations are realized in its affiliated educational bodies, namely World Maritime University (WMU), International Maritime Law Institute (IMLI), and International Maritime Safety, Security, and Environment Academy (IMSSEA). Holding short-term courses and offering Bachelor’s, Master’s, and PhD programs in maritime science, these institutions aim to empower the member states, especially the developing ones. The outcome of these efforts was the nurturing of experts who serve in high positions in their countries to pursue the ultimate goals of IMO.