جستجوی مقالات مرتبط با کلیدواژه « international law » در نشریات گروه « علوم انسانی »

With the advancement of air transportation on both global and local scales, the significance of civil aircraft has surged. Consequently, there is a pressing need for legal frameworks that safeguard them and dissuade potential violators through stringent penalties. This study aims to elucidate the legal principles governing criminal liability in the hijacking of civil aircraft under international law while also examining the perspective of Islamic jurisprudence on this matter. Drawing upon documents and international agreements issued by entities such as the United Nations and regional organizations, the study delves into the legal intricacies. Regarding Islamic law, it relies on principles such as analogy (qiyās) and the refinement of the criterion (tanqīḥ al-manāṭ), where hijacking equates to the crime of ḥirāba or obstructing public pathways, and thus, the sanctions prescribed for such acts apply. Islamic jurisprudence upholds the sanctity of public pathways and condemns this crime, regardless of the motives or perpetrators involved, as it contradicts explicit verses safeguarding people's rights at large. The ramifications of hijacking extend to various damages that undermine public welfare. In the realm of international law, despite the existence of conventions like the Tokyo Convention, The Hague Convention, the Montreal Convention, and resolutions from the United Nations General Assembly addressing hijacking of civil aircraft, clarity regarding obligations remains elusive. In many instances, these international agreements grant considerable discretion to the state in which the hijacker is apprehended, concerning matters such as extradition and the determination of penalties upon conviction.

Terrorism in today's world is known as one of the main factors of chaos. Some countries are trying to achieve their goals by using this phenomenon as a tool. In this regard, the unprecedented order and the official announcement of the assassination of internationally supported persons, including the commander of the Quds Force, by the President of the United States of America, is an example of a crime that violates treaties, customary rules, and international legal principles, and its new forms, which are carried out by the heads of other countries. It is imitative, it threatens the peace and stability of the world community. Considering that the terrorist act was committed in the territory of a foreign country under the supervision of foreign nationals, the victim country is not easily able to prosecute the perpetrators and supervisors of that incident. This is because the terrorist act took place outside the territory of the Islamic Republic of Iran and the principle of territorial jurisdiction, which is the basis for determining the competent courts and recognizing the laws governing them, is not applicable. Invoking pre-emptive defense by the US lacks the necessary elements to attribute the act to Iran. Resorting to force is prohibited in international law, and states have the right to legitimate defense only when they are attacked by armed forces; recognized; Therefore, America's action is in direct opposition to Article 51 of the Charter and has no consistency with other international principles. Strategies such as applying the principle

One of the prominent aspects of humanitarian law in international armed conflicts, which has more enforcement power than other related regulations, is the rules governing the treatment of prisoners of war. Considering the important and valuable position of the mentioned rules, nowadays many of them are considered as general rules, the violation of which is considered an international crime and criminal responsibility will follow for the wrongdoers in any position and position. This research seeks to answer the question whether Islamic law also includes the observance of the rights of prisoners of war or whether the rules of international law are more progressive in this regard. Based on this, there have been many provisions of contemporary humanitarian law in the texts and doctrines of Islam for more than fourteen centuries. Therefore, according to the principles and rules of humanitarian law, in the field of international regulations, there are rules in the field of armed conflicts that approve the rights of prisoners of war and recommend and confirm their implementation for the subjects of international law. According to international humanitarian law regarding the humane treatment of prisoners, any vindictive and violent act, torture, mutilation, intimidation, medical experiments, insults and humiliation are prohibited. Now, this research aims to prove the alignment of Islamic teachings with international rules and regulations regarding the rights of prisoners of war through descriptive and analytical methods, and on the other hand, to reveal the background and cause of misconceptions surrounding this issue.

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.

The child's right to mental health in cyberspace has become one of the most important legal issues in the field of international law. This right is very vital for the child and must be protected in cyber space as well. Considering that the virtual space is expanding and children, as digital natives, use it as an interactive and learning space, it is necessary to protect their rights against the dangers in this space. It is very important to pay attention to the physical and psychological harm that is caused by inappropriate and unpleasant content that causes online discrimination and harassment and the use of cyberspace without supervision and control for children. In international law, the protection of children's rights is recognized as a fundamental issue and in this regard, the Convention on the Rights of the Child, has defined the principles of protection of children's rights at the international level. In this context, this research aims to answer these questions: and what are the effects of virtual space in his life? From a legal point of view, what are the duties of governments in protecting the right to the health of children in cyberspace?

The current research is applied in terms of purpose and descriptive-analytical in terms of the type of research, which was collected and analyzed by using library resources and examining a wide range of documents and procedures and other research works.

General Comment No. 25, published on 2021, by the Committee on the Rights of the Child, addressed how governments apply the Convention on the Rights of the Child in the digital domain. The committee's purpose of this public commentary was to provide a strategy for legislation and policy making in the field of fulfilling the obligations of governments in the framework of the Convention on the Rights of the Child and its optional protocols in the light of the opportunities, risks and challenges of the digital environment.

One of the main components of the right to health is the right to mental health, which is one of the most important examples of children's rights and various factors are effective in threatening or realizing this right of children and cyber space is one of them. The right to health, the right to education, the right to personal security and the right to recreation and entertainment are the rights associated with the growth and excellence of children, which are strongly related to the digital environment in the age of digitalism.

The occurrence of disasters and their devastating consequences have driven states to cooperate with each other and turn to international law for regulations. However, the binding rules of this legal system primarily focus on post-disaster stages, such as response and recovery. The inclusion of pre-disaster topics like disaster risk reduction (DRR) in various international documents, along with the ambiguity regarding their content and legal standing, has motivated this article to examine the legal nature of DRR in international law and the extent of states' obligations in this regard. The scarcity of Persian legal resources, particularly concerning Iran, a country recognized as having a very high-risk level, highlighted the need for this research. This fundamental research relies on library resources like legal scholars' treatises and international documents and agreements. The author employs a doctrinal research method with a predominantly positivist approach. The research question aims to determine the normative nature of DRR in international law, meaning whether this concept imposes obligations on states or merely provides recommendations. The hypothesis presented is that DRR has not yet emerged as a mandatory treaty or customary rule. However, a limited level of obligation can be argued for due to its connection to specific human rights and environmental principles. The analysis begins by discussing the evolution of the DRR concept in international law. To understand its meaning and scope, Article 9 of the Draft Articles of the International Law Commission on the Protection of Persons in the Event of Disasters is analyzed. This is followed by an examination of documents containing the concept in question. Since no global treaty, a large number of bilateral and multilateral treaties, or established state practice has codified DRR, the preliminary conclusion is that this concept has not been codified as a mandatory rule and states do not have an obligation to implement it. However, focusing more on the content of the 2016 Draft Articles and the adoption of the Sendai Framework by the majority of the international community led to a shift in focus from a rule-based approach. Instead, the emphasis shifted towards clarifying the obligation-generating nature of DRR based on the legal status of the underlying concepts that make up disaster risk reduction. Among the norms connected to the content of DRR, the right to life, the principle of prevention, and due diligence were chosen for further examination. The right to life was analyzed based on the views of doctrine and judicial practice. The conclusion reached is that the obligation arising from this human right to create an obligation to reduce disaster risk is not absolute. This obligation exists only in situations where disaster risk threatens the lives of individuals and cannot be extended to any damage caused by disasters. Additionally, preserving human life, the goal of this right, cannot be achieved solely through the proposed DRR methods. The customary rule of prevention was another norm that was explained in general terms. In terms of its effectiveness in reducing disaster risk, it was found that prevention in international environmental law is mainly concerned with protecting the environment from human-caused harm, and the state's obligation to it is negative. In contrast, the prevention element within the framework of disaster law seeks to protect humans and their property from disasters. Secondly, like the right to life, prevention seeks to prevent transboundary harm by any means, but DRR measures have their own characteristics and focus on preventing domestic risks. Thus, the customary rule of prevention in its current state in international law has a very limited capacity to make disaster risk reduction mandatory. The final case was the concept of due diligence, which the author believes is not limited to risks with transboundary effects. It is applied as a criterion to the category of risks that exacerbate the domestic effects of natural disasters. Therefore, each state, when formulating policies and making major development, economic, construction, and other decisions, must assess the impact of that action on the risk of natural disasters. This assessment is carried out in accordance with the principles of environmental impact assessment in international law and using standards such as best available technology and latest available technical means. Subsequently, the state is obliged to inform and provide the results to the people (for participation) and other states (in order to benefit from their experiences and progress). If, based on definitive scientific evidence, it is determined that the risk of the proposed action will increase the severity of the effects of disasters, the substantive principle of prevention is applied. And if there is not sufficient and reliable scientific knowledge about the impact of the risk, but its possibility exists, the precautionary principle is applied. In short, due diligence is a general framework within which other principles and mechanisms are defined and applied. Despite the limitations mentioned in the enforceability of DRR, the status of this concept has significantly improved in a short period. Additionally, the use of the capacities of different fields of international law is not limited to strengthening the normative side of DRR. Contrary to the traditional view that necessitates the formation of binding rules, this system conveys its requirements to states through the creation of easily-regulated instruments in various legal soft law documents and formats, such as guidelines, codes of conduct, and sample draft legislation. Conversely, due to the absence of binding obligations and the existence of wide discretionary margins, states will be more inclined to move towards disaster risk reduction.

Despite the establishment of the United Nations, military conflicts and wars have not diminished globally; rather, today we witness numerous internal and international conflicts. One significant international war is the Russia-Ukraine conflict, which erupted in 2022 over power dynamics in Eastern Europe. This study aims to analyze the Russia-Ukraine war from the perspective of international law using a descriptive-analytical method. The research findings indicate that Russia's military and cyber-attacks on Ukraine constitute a blatant violation of international law, specifically breaching Article 2(4) of the United Nations Charter, which prohibits the threat or use of force against the territorial integrity or political independence of any state. Consequently, under international law, Russia had no right to invade Ukraine's territory.

With the increasing dependence of countries to provide their most basic needs from maritime trade, the number of vessels and shipping lines increased, and this affected the growth of the number of vessels that suffered accidents such as collisions or fires in the sea. For this reason, the will of the international community was to create an international legal system in order to encourage as many vessels as possible to help each other in emergency situations with the aim of reducing the damages caused by maritime threats. This will Ended with the ratification of the Brussels Convention in 1910. In 1989, it ended with the ratification of the London Convention, according to which maritime rescue operations became the focus of attention. The purpose of presenting the present research is to answer the question of what are the positions of internal law and international law regarding the implementation or refusal of maritime rescue operations and the international legal system as a whole governing the allocation and payment of rewards resulting from the implementation of these operations? In this research, the authors used the descriptive-analytical method and in some cases the comparative method. The general result of the research, while pointing to the mandatory nature of maritime rescue and rescue operations by the commanders of vessels, emphasizes the point that the reward for carrying out these dangerous operations is subject to several indicators and Iran's maritime law is largely in line with the provisions of the Brussels Convention.

The purpose of this research was to investigate the role and position of international law in the prevention of natural disasters. Natural disasters are the cognate of the history of human social life and nature. The method of this article is descriptive-analytical in which an attempt will be made to analyze and explain the problem of the research by using available sources and legal texts as well as scientific research articles. Prevention of natural disasters has a direct relationship with human lives. In other words, strengthening and improving the level of prevention and the role and position of international law increases the value of human dignity and life. The safety of human life has a high position and dignity. The divine verses emphasize the principle of dignity and high value of human life, its preservation and privacy, and the safety of individual and social life of people in individual and social spheres. In the Qur'an, God considers man to be the best of creatures in many cases. The right to life and security of life is one of the most obvious and obvious rights of people in society. Because respecting human dignity and respecting his rights is one of the main duties of governments. In the international scene, in the text of the Universal Declaration of Human Rights approved on December 10, 1948, Article 3 declares: Everyone has the right to life, liberty and personal security. In the sixth article of the Covenant of Civil and Political Rights approved

The ratification of treaties in Iran is the scene of confrontation between two distinct legal systems. In this conflict, any inconsistent interpretation of the foundations of these legal systems results in different legal effects. In fact, the dichotomy between Sharia law and the constitution with the principles of international law, which can be seen in treaties, imposes certain legal requirements on the executive and legislative branches, and the recognition of these requirements depends on the opinions of the guardian council in reviewing international instruments to complete the country's foreign policy in the field of international agreements. The main question of this research is to examine the legal requirements governing bilateral or multilateral agreements, which is written in a descriptive-analytical method. From the total opinions of the guardian council, two substantive and structural rules can be taken in the review of the approvals, which narrate the procedure of this council in examining the emerging issues of international law, which ultimately led to the protection of the people's rights.

In the global arena, water as a vital substance plays an effective role in human life and for this reason. Due to the water crisis and the lack of safe enough water for consumption of everyone in various countries, including Iranis necessary to examine the obligations of governments in relation to the provision of the right to water as one of the examples of human rights in particular. In this research, the researcher by using descriptive-analytical method reached the conclusion that in accordance with international instruments, governments are undertaken to increasing water services for all segments of society, by their available resources; providing necessary training on how to properly use of water and sanitary facilities and methods of saving and caring for water resources; adopting laws to ensure adequate and safe water for present and future generations. Accordingly, it is emphasized that governments should take necessary measures in order to fully realize the right to water. In this regard, Iran has faced challenges such as conflict and dispersion of laws on right to water that comprehensive and complete law needs to be enacted in order to eliminations of the challenges.

Actions such as illegal unilateral sanctions and politically motivated dumping may cause instability in the politico-economic system of the targeted country which can lead to human consequences, fear, and terror including economic terrorism. However, as international law stands now, there is no instrument defining economic terrorism, determining its instances and specifying legal and practical mechanisms  to confront it. This paper aims to examine economic terrorism and its instances and create mechanisms as well as a codified legal system to deal with this issue. Economic terrorism in the form of imposing unilateral economic sanctions contrary to international law and dumping is illegal and inconsistent with the purposes and principles of the United Nations Charter, international customary trade law and UN Security Council resolutions. Therefore, to counter economic terrorism, it is necessary to give a precise and legally comprehensive definition of this kind of terrorism in international instruments acceptable to the international community. The present study is based on a descriptive-analytical method.

Today, at the national and international levels, human survival and health is considered as a very important issue. Food security is one of the seven tools of human security in the context of human rights discourse. It currently includes various geographical, economic, political, social, environmental, legal and other dimensions. This research examines food security based on the descriptive and analytical method and considering the importance of the issue of human health security and environmental hazards despite climate changes. The purpose of the current research is to pay attention to the approach of domestic law, Islamic law and international law from the perspective of strengths and weaknesses. Through this description and focusing on the existing hypothesis, there are risks of food security and also the development of poverty due to climate change. The finding of the current research is that the framework of food security should not be affected by the chaotic changes in climate due to environmental hazards.

The principle of state immunity and the protection of state assets under international law have undergone a progressive evolution over time. Rooted in customary international law, this principle finds support in general and special treaties, customary rules, and judicial practice. It establishes that all property, locations, possessions, and tangible and intangible assets belonging to a State located in another jurisdiction must be respected are to be accorded respect and safeguarded against any form of attack or interference by administrative or executive actions. However, exceptions to immunity have emerged in light of the evolving nature of international law. In this regard, the United States courts, invoking the Anti-Terrorism and Effective Death Penalty Act passed by Congress in 1996, have seized assets and properties belonging to the Iranian government, especially the bonds of Bank Markazi, on the grounds that Iran is considered a state sponsor of terrorism. Subsequently, Iran initiated legal proceedings against the United States before the International Court of Justice on June 14, 2016, alleging breaches of state immunity and the Treaty of Amity. The Court issued a jurisdictional ruling on February 13, 2019, and a substantive verdict on March 30, 2023. This research critically examines whether the Court considered (the assets of) the Central Bank of Iran as a sovereign and State entity entitled to immunity, or whether it construed the Bank as a corporate entity under the purview of the Treaty of Amity of 1955. Recruiting a descriptive-analytical approach to examine relevant treaties and court decisions, it concludes that, due to the sovereign nature of Bank Markazi of Iran, the seizure of assets belonging to this government institution falls outside the protective scope of the Treaty of Amity. Consequently, the Court possesses the authority to adjudicate on the issue of immunity concerning Bank Markazi. Notably, the Court's 2023 decision deviates from its previous 2019 decision, acknowledging the sovereign nature of Bank Markazi and the customary rule governing the dispute.

The laws of our country are ambiguous regarding citizenship rights, and this ambiguity is more concerning the issue of citizenship. Only in the constitution is the government's permission to revoke the citizenship of applicants and dual citizenships emphasized, and there is no relevant law in this regard. However, the Islamic-Iranian model of citizenship in our country has not accepted the revocation of citizenship and all the opponents have been allowed to return to their homeland. The research method in this research is analytical and descriptive and its purpose is to compare the Islamic-Iranian model of citizenship in Iran with its western model. The western model of citizenship has been implemented in the occupied territories, and in many cases Arabs with the citizenship of the Zionist regime have been deprived of the right to citizenship. It seems that this action of the Zionist regime is in contradiction with the principles of international law. Numerous conventions at the international level and other legal documents, including the Universal Declaration of Human Rights, have all condemned arbitrary measures to deprive of citizenship, and in special circumstances, the government's action does not lead to statelessness, and it is also accepted as a last resort. Despite granting freedom of speech to the Arab representatives of the parliament, the Zionist regime has neglected its duties towards the citizens and in cases where it has refused to support them even because of the Arab

Countries have enacted many laws on various issues. Citizens in every country are obliged to follow these laws. If a legal issue is raised in a country with an element relating to something beyond the geographical borders of that country, it is thought that two or more related laws should govern a legal issue; something practically impossible. given an essential conflict between different laws of many countries, will the clearest verses of the Qur'an play a role in resolving this conflict? The main hypothesis of the research is that due to the comprehensiveness of the Holy Quran, its teachings can be a facilitator. In this research, an attempt has been made to examine the "conflict of laws" by referring to the "clearest verses of the Qur'an." The applications, generalities and explicit requirements of the Holy Quran should be cited by the Muslim judge in international cases; because in some cases, the law of the foreign valid laws conflicts with the Shar`i texts. This issue has Quranic foundations, rules and documents. In the past, the subject has been studied only from the perspective of international standards, but the innovation of the article is the expansion of the subject in the realm of verses in the field of conflict resolution. In this article, the interpretation method of ijtihad is used.

Continuity of imposing sanctions against Iran and its harmful effects on natural and legal person has brought up the necessity to determine of the scope of liability due to imposing sanctions. Clarifying this issue requires examining the viewpoints of thought governing the limits of the legitimacy of sanctions and then determining the scope of civil liability due to imposing of illegitimate sanctions in domestic and international law. The present research which was written with analytical-descriptive method and using library tools, clarifies foundations of civil responsibility due to imposing sanctions in domestic and international law. Regarding the conceptual difference of civil liability foundations in domestic law and international law, civil liability due to imposing of sanctions in domestic law is subject to the theory of fault and in international law is subject to the theory of risk, but both domestic and international systems have this common point that they consider the act of violation of international law as an objective element, regardless of whether that act is intentional or unintentional. In this way, the imposition of sanctions that enforce or effect it violate international law, will causes responsibility of the sanctioning authority.

Since the early 21st century, major changes have emerged in the attitudes of a few states toward counterterrorism. In this regard, Israel and the US have adopted unusual military strategies, e.g., targeted killings, in their martial doctrines to fight what they interpreted as terrorism. The foregoing strategy targets merely terrorist leaders and prevents massive campaigns against terrorism. However, no regulations in the international law have prescribed this strategy for counterterrorism. This study aims to determine the legal criticisms of military justifications for resorting to the targeted killing strategy. If it is essential to adopt this strategy, which has been neglected in the international law, what regulations must be observed? The authors used a descriptive-analytical method in this study as well as a comparative technique in some cases to address the foregoing question. In conclusion, although the targeting killing strategy is sometimes considered favorable from a martial perspective, it is difficult to legally justify this strategy. Therefore, five regulations should be followed if this strategy is deemed to be applicable.

Since the 1980s, due to the emergence of complex threats and the increasingly intertwined relationship of internal and external issues, the concept of national security has become common in international parlence. In such a situation, the need to address the concept of national security, which became a universal concept, was an essential step from the perspective of international law. The International Court of Justice (ICJ) began the process with three judgments issued in the Nicaragua case in 1986, and the Nuclear Weapons case in 1996, and the Oil Platforms case in 2003, which introduced national security concepts such as "fundamental interests, vital interests, and emergencies" into the international law literature. The first manifestations of this practice appeared in international human rights law and then international  disarmament law in the form of treaty terms. By analyzing the above-mentioned views, practices and sources, this paper will examine the formation of a "national security regime" in international law. A coherent and basic regime of specific rules and norms on national security, which is developing.

Examining the efforts of the United Nations, in the two areas of increasing women's rights and protecting the environment, shows the great importance of women's participation in the international arena. Giving a role to women and their non-governmental organizations in protecting the environment and achieving sustainable development is very important, and for this reason, various international documents have recognized the participation of these actors. The upcoming research seeks to study the position of women in a part of public international law, i.e. the branch of international environmental law, and wants to show international transformations about the participation of women, as one of the important and vital players in international environmental law. is life The results of this research show that women are actually the creators of sustainable development culture. The efficient and active presence of women as well as their empowerment in the framework of improving the standard of living, participation in major development decisions and their achievement of an equal position in the light of economic and social growth as well as the education of environmental issues makes the process of education and as a result Environmental protection has penetrated to the innermost layers of society and without incurring excess costs, many members of the society have been indirectly educated, and considering the multifaceted responsibility of women and their role in educating future generations, environmental culture be institutionalized.