جستجوی مقالات مرتبط با کلیدواژه « حقوق بین الملل » در نشریات گروه « علوم اجتماعی »

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

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 relationship between terrorist groups and organized criminal groups, which is known as the crime-terror nexus, has become an increasing concern for national and international peace and security. With the lack of financial resources, terrorist groups have prioritized participation in criminal activities as the best and easiest method of financing, and in addition, they benefit from cooperation with organized criminal groups.The nature, scope and forms of interactions between terrorist groups and drug trafficking groups are very complex and remain unknown. The purpose of this study is to investigate the nature, motives and content of the Nexus between these two criminal groups.

This research is a descriptive-analytical method using library and Internet resources, and is written by taking notes from analysts and studying related legal documents.There is no theoretical consensus regarding the form and nature of the nexus between terrorist groups and transnational organized criminal groups. The nexus between two groups is not the same all over the world and varies based on time and place and under the influence of environmental factors. What is certain is that this nexus is beneficial for both groups. In such an atmosphere, these groups benefit from each other based on mutual needs, and such a relationship proves a dangerous and destabilizing relationship. Although the international legal mechanisms to combat terrorism and transnational organized crime are independent of each other, dealing with the nexus between terrorism and transnational organized crime requires the simultaneous use and combination of international legal mechanisms against terrorism and organized crime in all Its types

On 2 April 2015, the ITLOS delivered its first-ever Advisory Opinion on a request submitted by the Sub-Regional Fisheries Commission, a regional fisheries organization of seven West African States. The Advisory Opinion has invoked considerable excitement for its elaboration of the concept of ‘due diligence’ obligation in the UNCLOS context and their consideration of the issue of responsibility and the potential liabilities of flag States and their vessels operating in EEZ. This paper reviews and reflects on the Tribunal’s Advisory Opinion with particular focus on the flag States responsibilities and liability for illegal, unreported and unregulated (IUU) fishing by vessels flying its flag, and the obligations of States to secure sustainable management of fisheries resources in EEZ. The Tribunal’s interpretation of the Convention in the Opinion has brought some clarity to the IUU regime that is inadequately addressed in the UNCLOS. The Opinion has the potential to strengthen international norms on IUU fishing and sustainable fisheries resources management

The upcoming research is under the title of compensation for damage caused by the illegal seizure of a ship in international law, although there are articles and written articles in Persian and English with the titles of compensation for damage caused by the seizure of a ship in the international law of the seas, so far the article or book in Persian and English with Paying attention to the principles of government responsibility has rarely been published. Therefore, we felt it necessary to study and research in this regard. The research method suitable for the present topic is the library method of collecting the necessary information and data and the descriptive-analytical method and analyzing and analyzing the information. In this way, first by using the library method to collect the necessary information and data from the library sources, and then to analyze them using the descriptive-analytical method. The analysis tool is also logical and legal reasoning with the study. The articles and documents are related. The results of this research is one of the tools through which free navigation can be protected in the international arena, creating responsibility for governments. From the subjects of the international community, it is burdened that in case of violation of that obligation, the responsibility of that government will follow in compensating the damages caused by the seizure of the ship.

Emerging phenomena cause changes in current legal rules. The increase in cyber activities, including the publication of fake news to interfere in states governing, is an emerging phenomenon that has become one of the challenges of international law and has somehow cast doubt on the legal order governing the international community. It is also in conflict with the principle of prohibition of interference in the local affairs of governments, as a customary rule and a universal obligation. The article studied fake news and the prohibition of interference in the local affairs of countries from the perspective of international law. This qualitative research is developmental-applied in terms of its goal. To collect information, the method of studying documents and libraries has been used. Focusing on the rule of non-intervention and explaining the meaning of compulsion, this research showed that the principle of non-intervention can affect the spread of fake news - with the aim of influencing in governing. According to the findings of the research, fake news in some cases violates the principle of non-intervention and cannot be classified as "forced". It also argues that a new model of non-intervention should be developed to shift its focus from the conventional standard of coercion, i.e. Coercive and military measures, to the new standard of manipulation.

With the change in the nature of power in the new world order, the nature of international threats has also changed. This transformation has made it more necessary to pay attention to the special position of international law in maintaining international peace and security, as well as the need to review international legal rules. Based on this, the present research seeks to answer the question that in the new world order, with what approaches and how can international law play its real role in the balance of power.

The research method in this research is descriptive-analytical, which was done by studying books, authoritative articles, and examining legal documents and international procedures.

The findings of the research show that; The current world has entered a new stage with the emergence of many regional and global powers, one of the important requirements of which is the balance of power at different levels, especially in relation to international law. But since international law has not been updated along with the changes that have occurred in the international system; In order to achieve its rightful position in the desired balance of power, it is necessary in the light of approaches such as "international support for innovative procedures", "anticipation of the guarantee of adequate international executions", "revision of international regulations regarding the use of intelligent power" and "The development of domestic rights and the level of global participation", to accept reforms in its structure and function.

The environment is one of the silent victims of war. The effects, methods and tools used in armed conflict remain on the environment of conflict areas and even neighboring lands for many years. The criminalization of actions by individuals and state that lead to severe, widespread, and long-term environmental degradation has been considered in the international law literature since the 1990s.

The method of study of this article is analytical and descriptive using reliable sources, documents and international judicial procedures.

In this article, we have tried to study and evaluate the developments and the legal framework for identifying international crimes from an environmental perspective in some international procedures. The fundamental question is how international environmental crimes have been addressed and developed in some international events and practices. The basic premise of this article in response to this question is based on the environmental crime is not an independent crime but a material element of international crime in the international criminal law literature.

Dispute resolution through arbitration has long been accepted as one of the methods of dispute resolution. The advancement of science and human access to technology has led to the issue of arbitration through the Internet with the intervention of electronic tools. Online arbitration is one of the methods of resolving disputes that allows the arbitrator to express his opinion on the subject of arbitration from anywhere in the world. International arbitration is fast in low cost arbitration. Arbitration for the peaceful settlement of disputes and, most importantly, the possibility of better and faster enforcement of arbitral awards and other reasons have led to the majority of international commercial litigation today through international arbitration.

The research method is descriptive-analytical, which has been collected through the library method.

The research findings indicate that online arbitration is a new method of dispute resolution. Traditional arbitration rules are still applied to it, however, this type of arbitration is not completely reliable. And to solve this problem, domestic laws need to be interpreted broadly with international conventions. Also, parties to disputes and arbitrators in online arbitration should always consider the legality of the arbitration agreement, the procedure of arbitration, the place of arbitration and the form of the votes.

This article will emphasize the legal aspects of the issue of foreign fighters from a human rights perspective and the challenges that have arisen from this phenomenon and the existing concerns and categories arising from this issue between states and in the field of international relations. And the main purpose of this is to explain the international humanitarian rules and regulations in this regard and in order to understand and explain the actions of foreign fighters and to mitigate, mitigate, manage and control the harms and unpleasant consequences of this phenomenon to the desired level and by analyzing the challenges. Has come into being.

The present study was conducted by descriptive and analytical methods.

In the present study, by examining the phenomenon of foreign fighters, which has now become one of the most important concerns of countries in the world with the disappearance of international borders by statements such as ideology and self-interest, legal sources against this fact, including sources and territory Humanitarian law deals with the phenomenon of foreign fighters. Finally, the scope of compliance of existing international laws and regulations governing the category of foreign fighters with humanitarian law was examined and concluded that the existing international laws and regulations related to the category of foreign fighters are largely in line with humanitarian law.

This paper examines the role of international law towards responsible state behavior in cyberspace with emphasis on challenges and perspectives. It also seeks to provide a framework based on rules to legitimize the actions of states in response to unlawful activity in cyberspace by other states. In addition, this paper seeks to emphasize the challenges involved in the application of international law, and examines this issue by applying the two principles of sovereignty and non-interference in the internal affairs of other countries.

This article is written analytically-descriptively.

While acknowledging these challenges, if the UN parallel processes in the form of “The Open-Ended Working Group (OEWG)” and “The United Nations Group of Governmental Experts (UN GGE)” do not result in substantial agreement between states on debates of international law, the debates in themselves are valuable in encouraging states to deliberate on these issues and to make their views public. By publicizing their views, states add momentum to the journey towards cyber-specific understandings of international law, and there are positive prospects in this regard.

Communities around the world are made up of groups with specific ethnic, racial, linguistic, religious, and cultural diversity. The crime of cultural anti-genocide includes destroying the culture of these groups. The crime of genocide is committed in accordance with the statute of the International Criminal Court with the intent to destroy all or part of a particular national, ethnic, racial or religious group. Ending discrimination against these groups requires that we support this diversity by promoting and enforcing human rights norms.

The present study is based on descriptive and analytical methods and based on library documents and sources, and in this regard, international regulations and Documents related to the crime of cultural genocide have been reviewed.

Findings and results of this study indicate that physical and biological measures are not the only way to destroy a group, but measures to cultural destruction of a group can be considered as cultural genocide. While a group may disappear without its members being killed. Cultural desegregation is the loss of the existential meaning of the culture of groups, and this through the total or partial destruction of groups and, in short, through the disappearance of tangible cultural heritage including books, art objects, religious monuments, cultural sites such as cities, schools, libraries, mosques , Churches, monasteries and other centers of worship and spiritual and intangible such as political and social institutions, language, art, literature, culture, spiritual traditions, customs, national feelings, religion and dignity of individuals belonging groups.

In the modern world, various movements under the name of women and for women are active all around the world, which have motivated international institutions and intellectuals to support and rebuild women’s status in social life. The output and product of these movements are international documents and commitments on women that have imposed requirements on governments and nations. One of the most crucial of these documents is the “Convention on the Elimination of All Forms of Discrimination against Women”, the evaluation and rethinking of which is of fundamental and strategic significance and places a responsibility on individuals and institutions. Therefore, focusing on prohibitions and sanctions is not a way forward and it is essential to provide alternative solutions and models in this regard. The present research, using the descriptive-analytical method, has provided a sociological explication of the reasons for the Islamic Republic of Iran’s forbearance and refusal to accept the provisions of the Women’ s Convention. According to the results of the research, considering that the laws and regulations of each country are the manifestation and application of the fundamentals and principles governing that society and that the intellectual fundamentals governing Western countries and international organizations are based on the Universal Declaration of Human Rights and the full similarity and equality between men and women’s rights, the introduction and provisions of the Women’s Convention are also founded upon this attitude and remarkably different from the intellectual fundamentals and principles governing Islamic countries. Furthermore, the indicators of women’s development in various areas, such as educational, instructional, economic, and social ones reveal that the Islamic Republic of Iran has achieved a local model without the need for Western development indicators for women’s advancement in various fields.

Today, the confidentiality or, conversely, the openness of commercial arbitration in recent years has become one of the most controversial issues in the legal forums and judicial procedures of the courts of different countries. One of the advantages of arbitration over court proceedings is its private nature and closure, which means that the litigants, unlike the litigants in their courts, choose the method and manner of resolving disputes, and in most cases they are arbitrators or The judges are selected and appointed to this task. Therefore, the main purpose of this study is to investigate the confidentiality of arbitration and its necessity in international trade. The present study was conducted by descriptive-analytical method. There is a close and close relationship between the litigants and the members of the arbitral tribunal. For this reason, it is said that hearings and hearings of the jury are private and usually only those who have agreed to the litigation will be allowed to attend. The findings of the present study show that the confidentiality of arbitration is accepted as a principle in domestic and international courts in most countries. The denial of the obligation of confidentiality of arbitration by some governmental judicial authorities has caused some arbitration laws in different legal systems to explicitly state the implicit condition of confidentiality of arbitration. Failure to comply with this obligation by unauthorized committed persons may result in civil and criminal warranties, as the case may be.

Space law is one of the newest and most innovative branches of international law, and along with the activities of space since the 50's, the relevant legal provisions have also been developed, and, in this regard, numerous books and articles have been published in the West. However, Persian legal literature has been slow and inactive. Among the few efforts is the book "International Space Law" by Hussein Navadeh Toupchi. The book includes a variety of sections, including the international law governing space, the legal aspects of space technology, the status of earth orbits, the environmental law, responsibility, dispute settlement and arms control. He attempted to explain each subject in a critical and analytical manner. The present paper, while introducing and editing the contents of the book and its privileges, tries to address the book’s downsides fairly and specifically addresses issues not addressed in the book.

The article is to study and understand the weaknesses and strengths of international law in dealing with challenges ethnic minorities confront. Accordingly, the writers of the article attempt to understand the roots of challenges Rohingya minority of Rakhin face in Myanmar. Some questions are designed in order to accomplish above mentioned goal in which the focal point is to understand why international law was not able to support Rohingya rights in Myanmar. The result of the article emphasizes that the main reason is the ambiguity in defining conditions of Rohingya ethnic group in international law and Meyanmar domestic law. The article also explains how large number of Rohingya ethnic minority are left behind because of deficit in international law to include and support them. The result is based on analysis of treaties, regulations and conventions of international law regarding minority's rights with regard to the conditions of Rohingya ethnic group in Myanmar according international institutions' reports.