جستجوی مقالات مرتبط با کلیدواژه « International Law » در نشریات گروه « علوم سیاسی »

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.

One of the most severe crisis centers in the South Caucasus is the Nagorno-Karabakh region. The Nagorno-Karabakh crisis, as a fundamental challenge between the two countries of Azerbaijan and Armenia, has led to numerous armed conflicts during the past three decades. Since this crisis has regional and international dimensions, numerous international Unions, Regional Unions, and Regional Countries implemented various efforts and plans, but none of them has resulted in real solutions to create continuous and stable peace in the region. In this article, has been tried based on Clause 1 and other Clauses of the United Nations Charter to establish international peace and security and prevent international conflicts and hostilities as one of the fundamental goals of the United Nations while examining the efforts and measures taken. Above all, the performance of the United Nations and the European Union to stop conflicts in the region and the role of the peacekeeping forces sent to the Karabakh region will be evaluated by this study. In addition, this study will focus on the plans and proposals of organizations and countries in the region.

The purpose of the present study is to review the principle of resorting to force from the view of international relations. The research method is descriptive-analytic and the results showed that resorting to force by any country against another one is condemned from the view of international documents including the United Nations Charter. No country is allowed to use force in international relations unless it is attacked and wants to defend itself by resorting to force. Peaceful intervention and resorting to force is permitted only if the Security Council of the United Nation detects a systematic and extensive fault in human rights which is threatening and against international peace and security. Resorting to force which involves threatening or using force without the official permission of the Security Council is regarded as a definite violation of the United Nations Charter. In case of violation of national sovereignty or human rights by any of the United Nations members, the principle of resorting to force in international relations should be applied with special care so that it won’t be regarded as a violation and unilateral application of force by more powerful countries.

At a time when cyber operations have increased significantly, cyber deterrence can be considered as one of the effective factors in improving national security and countering cyber attacks. In this regard, resorting to the standards of international law and the rules and regulations governing armed conflicts can be considered as an effective factor in dissuading the attacker from carrying out any hostile cyber operations. In this study, the researcher aimed to present the model of cyber deterrence (dimensions, components and indicators) from the point of view of international law rules through a mixed research method, first collected and studied international documents related to the issue of deterrence, and using MaxQuda qualitative analysis software and thematic analysis method, he proceeded to code and categorize important concepts and propositions in order to obtain the elements influencing the model of cyber deterrence through inductive reasoning. Then the researcher was able to calculate the dimensions, components and indicators of the cyber deterrence model by using SmartPLS and partial least squares software, and further by referring to the experts in this field, he obtained the verifiability of the impact of these elements on the model and proved the overall fit of the model (comprehensiveness). The results of the research show that from the point of view of international law, the model of cyber deterrence consists of three dimensions: identification , morning and defense and four components (capability, credibility, stability, and communication) and relevant indicators that are effective on cyber deterrence.

Iran's role in Syria is widespread not only in the recent war, but also in the course of history, so that these relations can be considered the oldest political, economic and military relations between Iran and one of the Arab countries in the Middle East. In the period after the Islamic Revolution of Iran, the cooperation between the two countries was mostly due to the existence of a common enemy. Therefore, the existence of the Ba'athist regime in Iraq and the Zionist regime, and now Salafi extremism as common enemies of the two countries, have been the most important variables affecting the strategic alliance between Iran and Syria. This study tries to answer the question using "descriptive-analytical method and from the perspective of the principles governing world politics in the Middle East and the principles of international law:" Iran's role in the Syrian crisis according to the realist logic of world politics in "How can the Middle East and the rules of international law be assessed?" The findings of this study show that the Islamic Republic of Iran, citing the originality of sovereignty and legitimate defense in international law and relying on intervention with the invitation and consent of the Syrian government and in the framework of defensive realism and threat balance, maintains its security from security. Syria has begun.

In the second half of the 21st century, stakeholders of the petroleum industry established international arbitration precedents, which gave birth to important verdicts and legal principles in international law. These precedents have played a key role in resolving disputes. According to the analytical and explanatory review of theories and verdicts of international arbitration regarding the rules of different countries through desk methods, online documents, and online references over time, it is concluded that arbitral verdicts have not only resolved the petroleum sector disputes but also effectively prevented their recurrence through meticulous cause analysis.

The forced migration of the Palestinian people has been part of a systematic policy to suppress and control the Palestinian people since the establishment of the Zionist regime in 1948. This hostile policy has been followed since the formation of this regime and reached its peak in 2007 with the siege of Gaza and the worsening of living conditions and the facing of the people of this region with all kinds of security, military, health and humanitarian threats. The purpose of these actions was to de-Palestinize the occupied territories, prevent the formation of resistance groups and the forced migration of the Palestinian people from their ancestral land by the Zionists, which is still being pursued by them. Forced displacement is a clear example of a crime against humanity in international law texts and human rights statements, and many resolutions have been created and condemned in various regional and international institutions and organizations regarding this phenomenon. In the most recent case of cruel forced migration of the Palestinian people by the Zionists, we can mention the Al-Aqsa storm. Operation "Al-Aqsa Storm" took place to condemn the years of oppression, suffering and displacement of the Palestinian people, a response to the disregard of the Palestinians' indisputable rights to their ancestral land, the lack of the right to self-determination and many legitimate and indisputable freedoms of the Palestinian people, which were violated by the Zionist regime with Cruelty, excessive and unjustifiable violence and the continuation of genocide and displacement of the Palestinian nation were answered. The current research aims to analyze the documents, agreements, articles and provisions in the texts and conventions related to international law and human rights, to deal with the issue of forced migration from the perspective of international and humanitarian law, and the degree of conformity of the findings to examine the rights of the current situation of the Palestinian nation.

Blockchain, as a new technology that has created the third generation of the internet or WEB3.0 in combination with the internet, has caused significant impacts on various dimensions of social life, including governance, and it can boldly be said that what we have seen from its effects on Westphalian sovereignties is just the tip of the iceberg. Blockchain, with the help of its seemingly simple features of consensus, decentralization, and anonymity of users, has created a revolution in the communication among citizens worldwide, bringing what Mc Luhan called the global village closer to reality, beyond the control of governments. In this article, with a library method, we seek to find answers to questions about the opportunities and challenges that this new phenomenon has created and will create for governments.In fact, we are witnessing the governments weakening in the face of emerging phenomenon of blockchain, as part of the exercise of government is being taken over by individuals without the need for the government and using the blockchain platform. Governments also have no longer control and supervision over individuals operating within their own jurisdiction and doing so without revealing their identities because the design of blockchain allows users to operate under aliases and not to disclose personal information such as their name or email to use blockchain-based software.Behind this technological influence, naturally, as with any other technology that embraces social and political changes, there is a particular philosophy and worldview, and the main core of this idea in the use of blockchain to challenge governance should be considered as a philosophy called crypto anarchism, which was born over a decade ago before the birth of blockchain technology. The goal of this idea is to eliminate the need for intermediaries and regulators in the economic relations of citizens and to avoid any kind of dependency on them as much as possible. According to the power-averse cryptographers, this idea can be implemented by a decentralized and independent blockchain system.However, the degree of decentralization and the change in the concept of governance depends on how much and in what way this technology is utilized. In this regard, cryptocurrencies as one of the blockchain-based tools have provided an opportunity to create an independent economic system free from government and political borders that is impossible for governments to supervise and reduce their power to control monetary and fiscal policies as well as taxation.Amid all this, like any other technology, this technology has had unwanted consequences besides desirable results, including the reduction of the control of regulatory bodies on organized crimes like financing terrorism and money laundering, which have been facilitated by the use of cryptocurrencies and blockchain technology, and the support of criminals and terrorists. We have also witnessed an increase in organized financial crimes such as money laundering. For instance, in January 2014, the Federal Court of New York charged one of the most famous figures in the Bitcoin ecosystem, Charlie Shrem, with money laundering, accusing him of providing Bitcoins to users of an online underground market called "Silk Road", where various illegal items such as drugs, weapons, human trafficking, etc. were traded, and Shrem was the exchange broker for cryptocurrencies in this market.All of the above has led most international and national financial institutions to seek management and control of the space created around cryptocurrencies and, more broadly, the control of blockchain technology.In December 2013, the European Banking Authority issued a public warning to consumers and the general public stating that unregulated digital currencies pose various risks, including the potential loss of funds by users, as long as there are no regulations in place to protect them. Many other international and regional entities have also taken this path.In general, it should be said that although the weakening of borders and territorial sovereignty began with the expansion of the internet, the creation of blockchain technology should be considered a revolutionary movement against Westphalian sovereignty. Today, the issue is not just about performing certain tasks without regard to borders, but also about addressing many of society's needs through this method. When we consider the fact that we are still at the beginning of a long road in blockchain technology, we can envision the future in line with the ideals of crypto anarchism ideologues. Today, we are witnessing a growing movement towards the development of blockchain-based activities in both the private and government sectors. However, there are also challenges and difficulties on the path towards progress in this field, including the ongoing North-South gap in access to information technology and necessary infrastructure among countries. Ultimately, we must recognize that although blockchain has had a tremendous impact on challenging sovereignty, and it is predicted that this impact will only increase in the future, even the success of what is considered ideal by blockchain developers does not undermine sovereignty, but only affects effective governance.

Defense means the removal, removal, and disposal of rape for the purpose of securing the physical and mental well-being of individuals in the community, one of the most important issues in the field of Islamic jurisprudence and international law today, in which one's life or personality and His or her other people's reputation against the aggressor. Each of these two sources has terms and conditions, such as proportionality and the need to defend against danger, military and armed aggression, the necessity and necessity of defense against aggressors, which are manifested by differences and similarities. The Islamic religion has not only considered defense as a right but also an obligatory duty and has identified martyrs who are killed in defense of privacy. In international law, however, it has emphasized its rightfulness and, in some broad interpretations, excluded it from the scope of its defense and transformed it into a form of preventive attacks that overshadowed the nature of legitimate defense and normalized it. It makes the outside. The convergence and divergence of Islamic foundations with the western foundations begins from this point which can be discussed in this study.

The present study, with the aim of investigating and analyzing the rights of Iran's ethnic groups based on the fundamental laws and international documents, poses this question: What are the advantages and disadvantages of domestic and international laws for improving the conditions of ethnic groups in the pluralistic Iranian society? The hypothesis is: the emphasis of international law on liberal doctrines, disregard for the common good in pluralistic societies, and the dominance of the attitude of a minority of ethnic groups are its weak points, and in domestic laws, the lack of evidence of the rights of ethnic groups and the lack of practical solutions as Obstacles to the realization of the rights of relatives. The results of the research show that the minority view of ethnic groups in the eyes of international documents, insistence on liberal human rights doctrines and disregard for the common good are among the weak points of international documents related to the rights of ethnic groups. In Iran, ethnic groups are not considered as minorities and this means their equality with other citizens. Accepting the customs, manners, culture and traditions of the tribes is also an advantage for the tribes in the Iranian society. However, it is possible to eliminate some deficiencies in domestic law by considering multicultural education through teaching in the mother tongue, and improving their economic conditions through the creation of commercial and economic centers and providing peaceful conditions for linking ethnic identity with national identity. It is a realization. In the current research, the descriptive and analytical method and the theoretical framework of the research is the multicultural approach of Will Kimlika. ‎

The rules relating to the prohibition on the use of force, including its exceptions, are at the core of the international legal order that emerged after the greatest human-made disaster of all times: World War II. In that legal order peace is perceived as the main value to be protected and the general prohibition on the use of force embodied in Article 2(4) of the UN Charter. The hopes for a new peaceful international order between 1945 and 1989 and also after the collapse of communism were soon disappointed. The resort to force in international relations is even more prevalent today than previous decades. Since the United States has become the only superpower with its overwhelming military supremacy and has been one of the States that has resorted to force the most, this begs the following question: how has the post- cold war US approach to the use of force challenged international law in this important sphere? To provide an answer to this research question, by using a Structural Realism framework and a qualitative-analytical method, the US legal arguments and practice relating to the rules governing the use of force, and the reactions of other countries to them are analyzed in order to show that the post- cold war US challenge on international law will lead to the governing the use of force in international relations and the supremacy of power over law.

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

Revolutionary states challenged the values and norms governing the conduct of foreign after the victory because of unfair and Undesirable. They want to change the status quo in domestic and international arena and replace it with values that are favorable and fair. Iran's Islamic Revolution is also not excluded from this total. Thus, they began to opposed the existing values and norms and demanded that they be replaced by Islamic norms. The authors of this article, using descriptive-analytical method and library resources, seek to answer why the leaders of the Islamic Revolution of Iran oppose the norms governing the international system and in response to the hypothesis that the religious attitude of the revolutionary leaders to the international system They challenged the constituent elements of the existing international system and its values and demanded their replacement with Islamic values and norms. Because these values are based on Western and non-religious values. Also, the promoters of these values do not have the necessary credibility, and their purpose in raising these issues is to put pressure on other countries.

It can be said that the crimes enumerated in the Nuremberg Charter and the Tokyo Charter are somewhat different from international crimes in the sense we know today; For example, at that time, genocide was not an independent crime with a specific title, and the criterion for distinguishing war crimes from crimes against humanity was that the first category of crimes must have been committed in the occupied territories, while the second category of crimes included They were located in Germany or in the territories annexed to the Third Reich. Although the Nuremberg tribunal claimed to apply customary international law in its interpretation of the Nuremberg Charter, it must be said that if such rules were to be accepted at that time in relation to war crimes, it was certainly in the case of crimes against humanity or crimes. This has not been the case against peace. The fact that judges had to refer to their national criminal law in order to explain and interpret the rights prevailing in these courts cannot be ignored; For example, the judges of these courts, who had to determine the status of the reluctant agent, because there was no answer to the problem in international law, had to seek help from domestic law sources, as well as the courts that implemented German Supervisor Council Law No. 10. Generally accepted rules of law. They considered the punishment.

The number of soldiers plays a key role in providing the national security of a country. Despite advances in technology and acquaintance with the use of arms, human beings still feel a tangible need to maintain a reasonable number of soldiers. The answer to the recent need is possible to a certain extent through the service of the soldiers. The implementation of conscription is considered among the sovereign rights in each state, and no regulations of the international law have prohibited states from exerting force or granting discretion in this process. However, this does not mean that sovereignty has absolute freedom to enforce the aforesaid right and is free to employ soldiers in any ways possible. The main question of the present research is that what are the positions of international law regarding the mandatory and optional role of children as soldiers and what is the need to know about these positions? The authors used a descriptive-analytical method for finding a thorough answer based on legal standards. The general research results emphasized that states and unofficial armed groups should abide by the stances of international law on children’s roles as soldier. Moreover, the research results warn all children worldwide that participating in the armed forces can make them subject to abuse.

Obligations of states to fight terrorismAbstractInternational rules and regulations confirm the two main points: a comprehensive struggle and a ban on any interactions and support for terrorist groups; but today, some political imperatives have led to widespread widespread interactions with certain terrorist groups behind the curtain of some states, which is a stimulus to redress the responsibilities of governments towards roles. And their assignments in the process of international life against other actors. With this interpretation, we re-examine the general responsibility of the governments towards the phenomenon of terrorism, and, in addition, we will observe the additional and special responsibilities of the states against other actors in international relations. Considering the danger of these groups for global peace and security and international prohibitions, we continue to see the material and spiritual support of some states from the terrible phenomenon of terrorism, which makes international responsibility a matter for supportive governments. The ability of the international community to take responsibility for these governments and the drafting of this responsibility under the draft international governments' engagement is debatable.Keywords: international responsibility, terrorist groups, governments,

In this article, after examining the developments that have taken place in the international community, we examine the special and special importance of the title of this article, which is sovereignty in the field of public international law. Sovereignty, which is a legal and political concept at the same time, is a constant concern of researchers who are trying to determine its role in international relations governed by international law. Sovereignty is a complex concept, this concept can be examined in the context of national law, but as a member of the international community, a government participates in international relations based on the principle of sovereign equality, which creates another meaning of sovereignty. In this article, the evolution of the concept of sovereignty has been investigated and the factors that have led to changes in the characteristics of this concept have been identified in order to predict the trends in its development. In this research, the aspects of exercising sovereignty as a result of limiting the power of governments in favor of international personalities have been highlighted. In the writing of this article, the method of analyzing the issues that have been created in line with the mentioned topic has been used, with reference to the views of the doctrine explained in specialized research, documented research and the interpretation of legal norms in this field.

The purpose of this study was to investigate the relationship between digital currencies, money laundering and strategies to combat it in international law. Money laundering is defined as an attempt to conceal the identity of illicit proceeds and attempt to legitimize them; Criminals act in various ways to hide the illegal origin of their funds, but one of the easiest ways is to trade these dirty currencies in the name of digital currencies. The best way to combat money laundering through digital currencies is to monitor Chinese blockchain transactions that are potentially suspicious. In discussing investigations into illegal activities such as money laundering, the transparent nature of cryptocurrency transactions puts this financial structure at the forefront. Unlike traditional currencies, which are no longer traceable when lost, cryptocurrency funds have a high trackability. Suspicious Chinese block transactions can be monitored by tracking direct and indirect communications created through these transactions and by tracking potentially illegal sources of cryptocurrencies. The hidden identities of buyers and sellers of digital currencies, lack of government control and the impossibility of documenting money laundering documents in digital currencies are the most important reasons for using digital currencies as money laundering tools. Legislation for digital currencies, especially bitcoin, can be described as anti-money laundering strategies.