جستجوی مقالات مرتبط با کلیدواژه « توسعه » در نشریات گروه « فقه و حقوق »

In Amartya sen's theory of human development, development means freedom. One of the five types of freedom in this view is economic freedom and one of its most important indicators is the rule of law. From this point of view, the criterion for evaluating various social institutions, including the criminal justice system, is its contribution to strengthening, guaranteeing and the degree of commitment to protecting economic freedom. One of the indicators of the rule of law is the "Constraint on Government Powers ". The main issue of this article is how effectively the government's economic power has been limited in Iran's legislative and judicial discourse. For this purpose, analytical-descriptive methods and content analysis of legal texts and interviews with ten judges handling economic cases (from march to July 2024 ) have been used as information gathering tools. Empirical findings do not positively evaluate the performance of Iran's criminal justice system from the perspective of Constraint on Government Powers.

By separating crimes into tangible and intangible, and considering the importance of the crime scene in tangible crimes and stating the special characteristics of intangible crimes, the legislator has granted relatively broad powers to the officers in dealing with crimes, in order to identify them from this point of view. Criminals and, as a result, to create public security in society, action should be taken because the necessity of dealing with violators of the rights of individuals and society is to have the authority to deal with them.

The research method in this research is descriptive-analytical.

Ethical Considerations: 

All ethical principles have been observed in the writing stages of this research.

In the feasibility study of the expansion of powers to the bailiffs regarding intangible crimes with a descriptive analytical approach with library tools, we found that there are challenges and legal and executive obstacles in this, that despite the existence of numerous regulations, privacy violations privacy and citizen's rights, the multiplicity of officers and the absence of a separate law in this regard prevent the development of powers, which requires a review of the law and special measures in this regard. Based on this, it is necessary to supervise the training of the officers, to specialize the actions and legal supervision of their performance.

The fracture between developed and developing states, emerged by unequal distribution of the riches of the earth in the last century, reflects the specifics of international development law. International development law is a means of regulating which allows  states to choose their political, social and economic organization within the legal framework of sovereign equality and independence, and takestep towards development. International development law has played a key role in shaping and strengthening main concepts of international law. Each of these concepts deals with the highest human values on its own. What is logically considered is that power in international community must be shifted in favor of justice. It is obvious that in some cases this movement has paved the way for the realization of such an ideal, and in other cases it stopped in the middle of the road due to the special structure of the international society or has changed its path to power again and failed to reach global solidarity. This paper focuses on clarifying the image of justice as a failed issue in international relations, then by considering the declaration of the right to development conclude that the international community is determined to center development on human being while making the content of this development evolve law according to the altering status of international society.

Foreign direct investment (FDI) is one of the most important resources for governments to achieve the goals of development documents, in addition to the advantages it brings. Considering the role of FDI in the economy, the purpose of this article is to review the status of FDI in Iran and identify its strengths and weaknesses.

This article is descriptive and analytical. The materials and data are qualitative and data collection was used to collect the materials.

Ethical considerations:

 In writing the article, the originality of the texts, honesty and trustworthiness have been made.

Despite the preparation of six 5-year development plans in our country after the Islamic revolution, comparing the amount of resources foreseen in development resources from the foreign investment location with the amount of resources realized from this location, shows that a small percentage of the resources predicted in these plans have been realized.

The continued presence and competitiveness of our country in the field of foreign investment, in addition to international rules, requires achieving a specific and practical model for the realization of national development. Therefore, the non-fulfillment of this importance in the upstream documents, despite being located in the geopolitical region, having primary sources of oil and gas, and a relatively large market, makes the need for a serious review of strategic and development policies in this area a hundredfold.

Despite the specific reference in the Statute of the International Court of Justice to general principles of law as a source, they are seen as  inherently a subsidiary source. Subsidiarity means that if there are no applicable treaty or customary rule, these principles prevail. The ICTY has often used article-38 sources, namely international treaties, custom, and general principles of law, to identify the applicable law in its cases. This paper  uses a descriptive-analytical method to study the jurisprudence of the ICTY, to explain the application of general principles of law in international criminal law. The findings of this paper show that the the ICTY chambers have resorted to general principles of law to fill legal gaps, interpret ambiguous legal rules, and strengthen legal reasoning in their decisions. The Tribunal's frequent referral to general principles of law to fill legal gaps may be due to the fact that international criminal law is a relatively new field and therefore not significantly developed. Thus, general principles of law have played a significant role in filling the gaps in international criminal law.

Although development in the contemporary century is a simple and comprehensive concept, theoretically, has different economic, social, cultural dimensions. The question is which of these dimensions are more related to public law and what are the components of this relationship? Governance is at the heart of public law and the center of political development simultaneously. Governance is a step-by-step issue that begins with the issue of the legitimacy of the political unit as the first common point of public law and development and continues to other principles of good governance. The crisis of legitimacy itself is one of the development strategies and public law helps to solve it through its instruments so a country gets the necessary stability to achieve other dimensions of development. In the next step, the concept of good governance is introduced as another common goal. The principles of good governance are not only political goal of development buy also they are legal principles at the same time, and the more the governance of a country has these principles, the richer the public law in that country is, and such a country has political development. What this study shows is that good governance is not only a presumption to economic and social development, but also It is a developmental goal that public law paves the way for through its tools.

From the last few decades Iranian Communities with considering the improvment and development in western countries, discussion about development and it dimension is involved, but it did not very succeed. With regard to the Condtitution of Islamic Republic of Iran, despite the numerous principles that are discussed in detail of the Constitution of the Islamic Republic of Iran, it has always been lagging behind the path of development, especially it social aspect, it has become a matter of great interest. For sure, this persistence stems are from several factors. Social development leads to the strengthening of democracy, because it requires the full participation of citizenry. Also, social development can be considered as a strategy to deal with poverty, although it's a very complex and long-term process. In order to achieve the purposes of social development, paying attention to other dimensions of development, especially economic and political development, is very vital. in a way that it can be confidently acknowledged that without the realization of economic development, it is impossible to move in the direction of social development, and considering the economic situation this days of Iran, this is facing several problems. In the current research, the authors, while using the library method and criticizing and analyzing the laws and regulations of the events, guide the new model of social development through comparative study, evaluation of global indicators and principles governing the constitution of the Islamic Republic of Iran.

Until a decade ago, the name of Saudi Arabia for the international community was synonymous with the use of domestic hard power such as executions, the murder of Khashoggi and such things, but for some time now, this country has been able to change its attitude in domestic and foreign policy with a tool such as the development of foreign policy. Football reforms and diplomacy should try to improve the image of Saudi Arabia in the minds of the world. Therefore, in recent years, this country has been developing ideas and taking practical measures in line with projects such as Neom, which is more based on the expansionism of the country's foreign policy than it is in line with the internal development of Saudi Arabia. Now, by mentioning this introduction, the main question of this research can be explained by what goals and tools are the development projects of Saudi Arabia in the domestic and foreign arenas? brought up The research method of this article is qualitative and with a descriptive and analytical approach, which can also be used to collect information from articles, books and websites. Since this research is exploratory, we refrain from giving hypothesis. By analyzing the information gathered in this regard, it can be concluded that Saudi Arabia's projects are planned based on unrealities, but it has tried to take steps in this field based on the facts. It seems that this country, despite having abundant energy reserves as well as rich financial resources, will suffer an increasing crisis of identity in the near future in order to raise the level of expectations of the Saudi society​

A wide range of studies, approaches and analyzes are discussed under the discourse of "law and development". The requirements of a development-oriented criminal justice system based on the concept of "development as freedom" and with an emphasis on economic freedom, is one of them that has been less discussed.This article aims to show how can we reach "law as development" by understanding "development as freedom". That is, in order to achieve development in the sense of "the process of expanding basic freedoms belonging to people and removing obstacles of freedoms, not only the law is important and inevitable, but also legal reforms, including the reform of the criminal justice system, is a goal of development in itself."In this article, the performance of Iran's  judicial and criminal legislative system is examined in terms of one of the most important indicators of the rule of law, i.e. "protection of private property", emphasizing the crime of disrupting the country's production system as the main issue. this issue was investigated in a descriptive-analytical way and by studying the related cases in the specialized complex for handling economic crimes.One of the five types of freedom in the theory of  development as freedom, is economic freedom, and one of its most important indicators is the rule of law. Results show that the judicial interpretation sometimes imposes mandatory restrictions on the transactions and economic activities of producers and considering them as crimes; In a situation where it is currently being done with the aim of continuing production and not making profit and disrupting the production system of the country.      in terms of the need to respect contracts and adhere to the security of property rights, reforms from the point of view of production and economic development requirements, are necessary.

By recognizing the inherent duality of private law and public law, each domain has been allocated its distinct territory. Despite the relative and interconnected nature of these realms, the application of public law within its designated territory is essential due to its specific role, functions, and methodologies. Throughout history, fundamental rights (public laws) have governed the relationship between the government and its citizens, while private rights (civil laws) have governed the interactions between individuals. This demarcation of territories is not exclusive to Iran; numerous countries worldwide have embraced this division, leading to significant substantive and procedural implications.Notably, in recent years, Iran has witnessed a notable expansion of the public law domain within its legal system, which has raised concerns about its extent. This expansion can be attributed to several underlying reasons. One primary factor is the inadequacy and limitations of existing private law regulations in resolving societal issues. Consequently, legislators are compelled to address private law matters by formulating solutions based on public law principles, inadvertently diverting the core problem into the realm of public law. This practice, however, fails to address the root causes and restricts the available solutions to those provided by public law. As a result, the practical scope of public law expands beyond its intended boundaries. The excessive and multifaceted growth of public law can have far-reaching detrimental effects.Thus, the central question emerges: What potential harm can the development of public law inflict on citizens' rights, and what are the driving forces behind this expansion in Iran? This research posits that the government's inclination towards exercising authority, excessive interventions in social and economic matters, undervaluing of liberal principles, a tendency to resort to public law in ambiguous cases, and the adaptable nature of public law methods are among the contributing factors to the widening scope of public law. Moreover, the duality of influences on Iran's public law system—Western legal traditions and Shia jurisprudence—has led to its distinct development. Some facets of Iran's public law draw inspiration from Western legal systems, while others find their origins in Shia legal doctrines.It is worth noting that Iran's legal system is bound by Article 4 of the Constitution, which mandates the utilization of Sharia rulings and adherence to Islamic standards in all laws and regulations. This requirement, however, diverges from Western legal systems where such a mandate is not observed.The realm of public law has undergone extensive development, permeating even the most intimate legal issues. Notable examples of this expansion include the broadening of public law in labor law, characterized by significant government interventions in the field. Similarly, the realm of public law has made significant strides in business law, and its influence has extended to matters concerning property rights. The objective of this research is to contribute to the advancement of public law in Iran by conducting a comprehensive analysis of its benefits and drawbacks through a systematic examination of its expansion.To fulfill this objective, we delve into the causes and factors behind the development of the public law realm, providing noteworthy examples that illustrate its expansion. The research findings establish the undeniable separation of the realms of private and public rights, despite ongoing debates regarding their differentiation. In practice, even legal systems that advocate for the unity of public and private law demonstrate a distinct educational system for public law. By acknowledging the distinction between public law and private law, while acknowledging the inherent difficulty in delineating these realms in certain cases, each legal field can be allocated its designated sphere.In recent years, there has been a notable surge in the expansion and growth of the public law realm. Numerous issues that were traditionally and conventionally within the purview of private law have now either entirely or to a significant extent fallen under the domain of public law.

Since the 1950s, three movements have been formed to explain the relationship between the legal system and the various levels and dimensions of development, following the discourse of "law and development". However, various aspects of this relationship are still relatively unknown and somewhat neglected despite its gradual growth and development over the past four decades. For example, how the law affects development in different social, economic, political and cultural contexts in a normative and structured framework, regardless of specific spatial and temporal conditions. Accordingly, this article, discusses how the law affects development (with emphasis on economic development). The effectiveness of these mechanisms in the context of privatization in Iran has been analyzed. The results showed that more attention to these mechanisms is necessary for the effectiveness of laws and regulations of facilitating privatization in Iran.

Most scholars and researchers interested in China have researched about economic development, foreign policy, competition and cooperation between China and the United States and other major powers, and various scenarios for the transfer of power from the United States to China. An area that has received little attention is the issues related to democracy and human rights in China. The purpose of writing this article is to examine issues related to the place of human rights in domestic law and the country's approach to international legal order based on liberalism. The question of this article is: what components is China's approach to the liberal human rights order in the world based? The hypothesis of this article, which tries to prove it using analytical and explanatory methodology, is that China emphasizes the conditions and characteristics of each country by criticizing the liberal human rights order and the dual policy of the West. China's human rights order stems from the Beijing Consensus on multinational relations, economic relations between actors, and political differences and national and regional cultural diversity. From the perspective of China's executive elite, the common framework of this order is not based on homogenization and globalization that lead to hegemony, but on the simultaneous recognition of commonalities and differences between global actors.

Advances in science and its developments in today's world for the better production of goods have led to the development of new theories and solutions that may also pose risks in the products offered to consumers, but current human knowledge can not recognize it. While the present study proves that the advancement of science simultaneously leads to the discovery of defects and dangers of these goods, and legal knowledge should provide appropriate coverage to compensate for the damages caused by them. Therefore, the issue of coverage of damages due to development risks is one of the most challenging issues in the field of civil liability that has been studied in most legal systems, but in Iranian law and jurisprudence, the risk of technology development and liability has remained silent. Therefore, the nature and characteristics of development risk with a descriptive and analytical method are studied in detail in this article and the possibility of covering such risks in a restorative and preventive manner in the form of compulsory insurance, compensation guarantee fund, punitive damages, issuance of prohibition agreements, and The application of the precautionary principle has also been proven

The economic dimensions of public law is one of the important issues affecting development, this paper attempts to investigate its effect on society.

This paper is a descriptive-analytical and the library method is used.

Public law and its development are very effective on society from an economic point of view. The economic dimensions of public law, including the protection of property institution, the strengthening of economic freedoms, and the guarantee of proportionality and equality in the development program on the development of public law, and consequently the development of influential society. When the principle of personal property is upheld, the freedom of trade and the free market prevail in order to respect the rights of individuals, and government interference is greatly restricted, the rights to competition and equality in business are accepted, the economic dimensions of public law are developed and this has positive effects on the development of society.

The economic effect of public law is one of the important issues that need to be taken into consideration in the development process of society. The development of society is not possible without the development of economic public law. For development, first, it is necessary to provide the grounds for the development of economic public law such as competition law, free trade and non-intervention of the government, and full support for principles such as the principle of ownership.

A number of different elements can affect the calculation of compensation arising out of the breach of Investment Treaty standards. A series of these elements addresses conditions and circumstances of the Host State. This article examines the economic crisis of the government, level of economic and political development of the investor Host State, and obligations other than those of Investment Treaties, as well as the influence of these factors on the calculation of damages quantum phase of Investment Claims.
If the government’s economic crisis prompts the Host State to take certain measures breaching Investment Treaties' obligations, necessity defense could be raised as one of the circumstances precluding wrongfulness of the act of the State. Many Investment Treaties include provisions on non-precluded measures, which raise a debate as to the interaction of these measures and the circumstances precluding wrongfulness in Customary International Law. Investment Arbitration Tribunals have not yet reached a clear solution to reconcile these different sets of provisions.
Furthermore, attention has been paid to the effect of various factors such as general economic situation of the Host State as well as non-Investment Treaty obligations of the Host State on the calculation of compensation in recent years. It seems that in the future perspective of the subject matter of this article, some developments may come through due to possible future cases.