جستجوی مقالات مرتبط با کلیدواژه "حقوق بین ‏الملل" در نشریات گروه "فقه و حقوق"

Clothing has long been considered one of the necessities of human life in many cultures. However, only a few documents and declarations of rights in the international and regional scene mention it. For example, the United Nations International Covenant on Economic, Social and Cultural Rights mentions the right to clothing in its eleventh article. But the importance of this right over other basic needs has been overlooked by the Committee which monitors the implementation of the Covenant. As the same way, international law practitioners and human rights scholars have also disregarded the right to clothing. Much research has been done on freedom of dress in the context of civil and political rights. But the right to adequate clothing has been surprisingly neglected among other economic, social, and cultural rights. The dressing of a person is not only related to his economic status, but also to his position in society. Furthermore, one's clothing affects one's cultural, sexual, and religious identity, as well as one's dignity and even one's health. The insignificant recognition of such a right in the legal sphere justifies its being considered a forgotten right.

The crime of territorial aggression is among the most terrible international crimes. After the outbreak of World War II, the Allies decided to try the defeated Axis of this war, including on charges of crimes against peace. After seventy years since the last and only case of the crime of aggression was prosecuted in an international criminal court, the jurisdiction of the International Criminal Court was activated in July 2018 over the crime of aggression. The explanation of the way to activate the jurisdiction of the court and its fruition since the drafting of the statute followed a winding path and lasted for two decades. The 16th session of the General Assembly of the International Court of Justice started on the 4th of December at the headquarters of the United Nations in New York with the speech of the Secretary General of the United Nations and ended on the 14th of December. The most important achievement of the 16th summit was the activation of the International Criminal Court's jurisdiction over the crime of "Territorial aggression". we seek to investigate the latest developments in the crime of aggression in international law using a descriptive-analytical method.

Failure to achieve the expected goals and consequences in the social society turns the issue of seeking the law and evasion of the law into a complex social issue influenced by legal and historical aspects. In this article, the tension between religious order and international law with regard to the application of religious sovereignty through the supervisory body of the Guardian Council and by using Weber's theory of religion and rights was shown in order to determine to what extent the political system can resolve this tension with the right of protection. Shariah supervision has been agreed upon. The findings show that there is a serious conflict between the rule of Sharia and modern laws in international law, on the one hand, the issue of the priority of government rulings over Sharia rulings has been a pretext for the expedient application of domestic and international laws, and on the other hand, the number of international treaties that despite being contradictory to the Shari'ah have been approved according to the needs of the day are not few. As a result, the function of Sharia supervision of the Guardian Council as an institution that legitimizes laws cannot be seen as effective, because this institution has caused the politicization of social and cultural rights by interfering with religious considerations on laws instead of benefiting from collective wisdom.

The most common way to address issues in various fields of knowledge, including international law, is through the writing and publishing of books and articles. However, this method is not the only approach to addressing international law issues. One of the most significant methods is the writing of "book reviews," which hold a prominent place in nearly all major international law journals worldwide. It should be noted that "review" in this context has a broad meaning and is not limited to "criticism." A "book review" involves a structural analysis of the work and aims to acquaint the audience with its most important topics and context. This article explains the concept of "book review" and its role in international law, while also reviewing the book "Judging Iran" by Charles Brower.

Environmental issues are increasingly recognized as major international challenges, emerging as primary concerns not only for environmental activists but also for government leaders worldwide. It is evident that, in the near future, the fundamental sources of conflict among states will primarily involve environmental and natural resource issues. Within this context, mountains hold a unique significance due to their critical role in ecosystems. However, they have received insufficient attention, resulting in their delicate structures being particularly vulnerable to damage and degradation. Clearly, leveraging the frameworks of international law can facilitate the prevention of further harm and the restoration of existing damages. Notably, several European countries have already enacted legal measures in this domain, yielding positive outcomes.

Resolution of ethnic conflicts (ECs) is crucial for restoring international peace and security, which implicates the role of international law (IL). Employing a descriptive-analytical method and relying on desk research, this contribution seeks to examine the most significant challenges to and opportunities of IL in the context of resolving ECs. The analysis identifies three principal challenges: 1) the internal contradictions inherent in peacebuilding processes that impede the realization of sustainable peace in multiethnic societies; 2) the lack or insufficiency of a minority-oriented approach in United Nations’ structure and reaction mechanisms, rendering the achievement of lasting ethnic peace elusive; and 3) the organizational discoordination and one-dimensional approach within the UN framework, which has led to the inability or difficulty of taking effective, concentrated, comprehensive, and case-specific measures to resolve ECs. Conversely, the authors propose several existing solutions in international law for addressing these challenges including: 1) mainstreaming minority rights at the UN level; and 2) establishing a specialized institution for ECs within the UN structure. This paper provides an in-depth analysis of the aforementioned challenges and opportunities faced by international law in the context of resolving ethnic conflicts.

It has been a long time since the occupation of Palestinian territory by Israel. Yet, no solution has been rendered for the humanitarian and security crises by the world community. The occupation of Palestine embraces broad breaches of different principles and rules of international law including the right of self-determination and jus ad bellum. However, the Continuance and prolongation of the occupation have led to doubts as to its illegitimacy. Apart from any practical solution that could or can be given to this problem, an analytical description of the nature of the situation and its legitimacy might shed light on the feasible actions that need to be taken. In line with this purpose, The UN General Assembly has requested an advisory opinion from ICJ on the effect of the ongoing violation of International Law resulting from the prolonged occupation of Palestine on the legal nature of the occupation and its consequences towards third States. In this article using the analytical-descriptive method, we are to analyze the nature and consequences of the prolonged occupation under international law and the possible approaches of the ICJ in this regard. Finally, in our opinion prolonged occupation as the result of jus ad bellum is the continuous breach of international law which should be ended as soon as possible and unconditionally by observing the international rules both from the occupier and third Stat’s sides.

Cyber space and activities such as cyber operations which are conducted in it are one of the new challenges facing the contemporary international law. Accordingly, exploration and determination of issues relating to this space and its related activities, inter alia, from the perspective of international law, has an undeniable significance and necessity. In this regard, the present study has attempted to examine the requirements of cyber operations in territorial sea and high seas in the light of 2017 Tallinn Manual 02. The findings of this paper imply that conducting cyber operations in the said maritime zones should be compatible with the principles and rules which govern them. Generally speaking, cyber space is not a new territory or area for human activities in the framework of international law. Consequently, cyber operations are considered cyber activities which are conducted by human beings in land, sea, air and outer space and, as a result, are governed by international law standards applicable in this territories.

The conceptual evolution of peace and security has extended the term beyond the narrow concepts of war and military threats; to the extent that today the establishment of peace and security in the international community is considered dependent on the provision of human needs and a dignified life. A humanitarian approach to the concepts of peace and security, on the one hand, and the inevitability of having access to sufficient and safe water to meet human needs, on the other, raises the idea of exploring the relationship between water resource management and international peace and security. Therefore, the main question of the research is: what is the relationship between water and international peace and security and what is the political-legal mechanism for achieving international peace and water security. Using a descriptive-analytical method in this paper, based on library data and review of the views of political thinkers and international instruments, show that water and international peace and security are closely related to each other so that water, on the one hand, can be a factor in establishing international peace and security, but on the other hand, if this valuable material is not properly managed, can be a stimulus for disrupting peace and security at various national, regional and international levels. Meanwhile, the water cooperation policies of governments facilitate and supply water security in the international community, and international law can regulate, strengthen and guarantee this cooperation.

The concept of denial of justice (DoJ) has been a recurring theme in international investment disputes, yet its precise definition and application remain contentious. This paper will delve into the broad and narrow interpretations of DoJ, its relationship to the exhaustion of local remedies (ELR), and the ICJ's handling of these issues in the Certain Iranian Assets case.The Concept of Denial of Justice: Denial of justice, in its broadest sense, encompasses any violation of international law affecting aliens. This includes not only acts of the judiciary but also actions of the executive or legislative branches that impede the judicial process or undermine the rights of aliens. A narrower interpretation of DoJ focuses specifically on the lack of access to courts or the inability to obtain a fair judgment.The concept of DoJ is closely related to the principle of fair treatment of aliens, which is a fundamental tenet of international law. States have a duty to ensure that aliens within their territories enjoy the same rights and protections as their own nationals. A denial of justice can occur when a state fails to meet this obligation, either through its judicial system or through other government actions.The Exhaustion of Local Remedies Rule: The exhaustion of local remedies rule is a longstanding principle of international law that requires individuals to seek redress for alleged wrongs through the domestic legal system before resorting to international remedies. This rule is based on the idea that states should have the opportunity to rectify their own wrongs before being subject to international scrutiny.The application of the ELR rule in the context of DoJ claims is complex and subject to debate. Some argue that ELR is a prerequisite for a DoJ claim, while others contend that it is only applicable in certain circumstances. The prevailing view is that ELR is generally required unless the domestic remedies are manifestly ineffective or unavailable.The Certain Iranian Assets Case: The Certain Iranian Assets case provides a valuable opportunity to examine the relationship between DoJ and ELR in the context of international investment law. In this case, Iran alleged that the United States had denied justice to Iranian investors by imposing sanctions that prevented them from accessing US courts and enforcing their rights.The ICJ's decision in the Certain Iranian Assets case was mixed. On the one hand, the Court found that the US had violated the fair and equitable treatment standard in its treatment of Iranian investors. This suggests that the Court recognized that the US's actions had had a negative impact on the investors' rights.On the other hand, the ICJ rejected Iran's claim of DoJ. The Court reasoned that Iran had not exhausted its local remedies because it had failed to file a lawsuit in a US court. This decision has been criticized by some commentators, who argue that the Court's focus on formal procedural requirements was too narrow and failed to address the substantive issues raised by Iran.A Critical Analysis of the ICJ's Decision: The ICJ's decision in the Certain Iranian Assets case raises several important questions regarding the relationship between DoJ and ELR. First, the Court's requirement that Iran exhaust local remedies despite the challenges posed by US sanctions seems overly formalistic. A more substantive approach would have taken into account the practical difficulties faced by Iranian investors in seeking redress through the US legal system.Second, the Court's finding that the US had violated the fair and equitable treatment standard suggests that it recognized that the US's actions had had a negative impact on Iranian investors. This raises the question of whether the Court's rejection of the DoJ claim was consistent with its other findings in the case.Third, the Certain Iranian Assets case highlights the challenges of applying the ELR rule in cases where domestic remedies are ineffective or unavailable. In such cases, it may be difficult to determine whether a claimant has truly exhausted all available remedies.

The concept of denial of justice remains a complex and evolving area of international law. The Certain Iranian Assets case provides valuable insights into the challenges of applying this concept in the context of international investment disputes.The ICJ's decision in the case raises important questions about the relationship between DoJ and ELR, and the appropriate standards for determining whether a state has denied justice to foreign investors.In conclusion, the Certain Iranian Assets case highlights the need for a more nuanced and flexible approach to the concepts of DoJ and ELR. A focus on substantive justice, rather than formal procedural requirements, is essential to ensure that foreign investors are treated fairly and equitably.

In addition to the bright and accessible dimensions of the Internet, there are also dark dimensions that are a platform for committing cybercrimes. In a general division, the Internet space is divided into surface web space and deep web space, where the dark web space is a part of the deep web space, which can be accessed only by using special software tools. The main topic of this article is the investigation of web surfaces and their position from the perspective of international law with a view to cyber crimes. Unfortunately, not only the dark web and deep web, but also all the topics of the cyber field and crimes in this field are neglected from the point of view of international law, and there are limited international treaties and documents that do not meet the needs of the international community in the cyber field today. Buying and selling weapons, drugs, slaves, and human body parts is one of the main businesses in the dark web, which are done using digital currencies. Today, due to the rapid development of communication technologies and the lack of specialized international laws in the field of cyberspace, it is necessary for the International Law Commission to present and develop a plan to regulate and approve laws and treaties in the field of the Internet and create a platform for the cooperation of all governments in this field.

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.

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.

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.

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.

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.