جستجوی مقالات مرتبط با کلیدواژه "رویکرد حقوقی" در نشریات گروه "فقه و حقوق"

Exploiting shared or transboundary water resources is not inherently challenging among countries. The primary challenge arises when countries encounter difficulties in exploiting these resources due to scarcity. This problem often occurs in the exploitation of common water resources by countries adjacent to the watershed. The Middle East is a region known for significant tensions regarding shared water resources. To address this, international legal rules and the approaches of international judicial authorities in the region have been analyzed to deduce relevant legal principles and rules. Key agreements examined include the 1975 Agreement on the Use of Border Rivers Water, the 1975 Iran-Iraq Agreement regarding shipping regulations in Shat al-Arab (Arvandroud), the 1926 Convention on the Use of Border Waters between Iran and the Soviet Union, the 2014 Ashgabat Convention, the 1351 Iran-Afghanistan Agreement regarding Hirmand, the 1992 Convention on Biological Diversity, the Ramsar Convention, and the 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage. These agreements have helped establish fundamental principles and rules for distributing common water resources among watershed countries. A crucial principle is the consideration of fairness and justice in water resource distribution. This comprehensive principle encompasses a set of international legal rules. For example, factors such as population, potential, actual, and future needs of each country should be taken into account. Additionally, the principles of non-discrimination and equality in the use of common water resources must be observed. Countries in equal conditions should benefit equally from shared water resources. Cooperation regarding common water resources takes priority over conflict resolution. Participation among watershed countries can be highly beneficial, and transparency can resolve misunderstandings. Access to information can foster a common understanding among countries in a shared watershed. Prioritizing vital needs can be a determining criterion for countries in the allocation of common water resources, especially in the absence of treaties or customs. These factors lead to the recognition of limited sovereignty and the principle of common use as two criteria for exploiting common water resources today. Regional unity among Middle Eastern countries is also a decisive factor. The Middle East has historically been a center of numerous challenges between neighbors over economic resources, leading to political tensions and conflicts. In a region with significant diversity, unity can be achieved only through convergence. Europe, despite its conflicts and historical events like World War I and II, ultimately found solutions in unity and convergence. In the Middle East, convergence among governments means aligning influential regional powers. Prioritizing "power within the region" over "power over the region" can prevent many tensions and conflicts. These countries share strategic positions, natural resources, commonalities, historical-cultural links, population structures, and international unions, which can be summarized as political, security, economic, and cultural factors. The realization of "convergence" instead of "divergence" among influential regional powers can foster greater unity in the Middle East. Despite Iran's continuous efforts to observe the principles of good neighborliness and cooperation in exploiting common water resources, it has not always been successful with all its neighbors. While observed with Turkmenistan, violations have occurred in relations with Turkey. Iran has established permanent mixed technical commissions with neighbors like Iraq, which is crucial for preventing disputes and reducing judicial and arbitration cases. Shifting disputes from the local to the international level and involving a government as a mediator can lead to international recognition of the dispute, as seen in the relationship between Iran and Afghanistan. In many cases, Iran has concluded treaties with its neighbors primarily to manage existing political currents. However, treaty-making should not solely aim to end political trends but should consider all legal aspects, including dispute resolution methods. Iran should avoid silence and passivity towards its neighbors in theory and practice. Agreements should be concluded with flexibility for adaptation to various conditions and situations. Iran's past practice of silence and passivity towards its neighbors can encourage unilateralism by those neighbors. When concluding agreements with neighbors, Iran must consider all legal aspects and employ expert advice. Legal documents should be drafted with flexibility for interpretation and application in different conditions. Iran's stance towards its neighbors in case of treaty violations is also crucial. A passive stance can lead to escalation by the violating government and even violations by other neighbors. The silence of the victim government can signal to others that their unilateralism will go unchallenged, encouraging them to seek maximum benefits and violate existing regulations. A comprehensive contract encompassing all agreements can prevent many disputes. Such a contract provides a framework that aligns with the general realities of the region, including political, economic, and geographical factors. This creates procedural unity among countries, fostering belief in the binding nature of laws and regulations governing common waters. As a result, customary practices may emerge in the allocation of common water resources, contributing to the development of rules and regulations. This can minimize violations of these rules, requiring good governance within each country. Good governance is achieved through transparency, accountability, participation, and legality, which necessitates increased cooperation among governments, the public, non-governmental organizations, and the private sector. Clarifying and evaluating the legitimacy of operations like dam building and canal creation on common waters by each country can facilitate cooperation and mutual respect for rights and interests.

Satisfying the sexual desire in a purposeful way and moving towards perfection is considered a principle in the sexual rights of Islam, which has been valued in Islamic teachings for its function of providing physical and mental peace. Satisfying the sexual needs of the spouse is one of the joint duties of men and women, and there are many documents regarding the rights and duties of both parties. What seems to be distinct in the sexual rights of men and women is the right to enjoy sexual intercourse in terms of time, in contrast to the absolute and undisputed right of a man in this matter, the right of a woman is limited to once every four months. In the existing Islamic literature, there are two legal and ethical approaches, each of which has its own arguments. In this research, the evidence of both approaches has been examined with explanatory-analytical method. The results show that the arguments of the legal approach can be criticized, and the arguments of the ethical approach are more sophisticated; As a result of the popular opinion - that a woman has the right to have sex every 4 months - it is the "first rule of Shar' " and the highest time limit that is determined by legislator (or Share') and is related to normal conditions and man cannot be irresponsible towards this need despite things like; woman's youth, desires and sexual needs. Also, according to the decree of contemporary jurists, the situation of custom in the sexual affairs of couples, the precedence of ethic over law in family relationships and the psychological sensitivity of women, the moral approach - the benefit of a woman from sexual intercourse in less than four months and when needed - is strengthened.

The advancement of science in various fields has opened new vistas to societies, which have come about in various areas of human life with positive and also negative effects. Creation of transgenic materials, as a branch of biotechnology for strengthening plants, food and livestock against pests, among other usages, is considered an important innovation in the field of genetics. Although, this technology has had a tremendous effect on quantities of products, the consequences of its consumption have created deep concerns; so that, some biologists have given serious warnings about the excessive consumption of such products. Along with this, given that agricultural biotechnology is exclusively in the hands of several transnational corporations, the huge profitability of selling these products in global markets has created a chain of criminal behavior in this area. These criminal behaviors have emerged in an interconnected network of interactions between governments and these companies. The question that has always been raised by some criminologists in this area is that how to criminalize the damage caused by the production of transgenic materials? In response to this question, criminologists have tried to explain and substantiate the issue by utilizing new approaches of green criminology to emphasize on the criminality of transgenic products.

The Security of contractual relation is the important aims of contract law to the extent that is discussed as one of the fundamental principles in European law. The guarantee to protect is one of the affecting rules to establishing the Security of contractual relation that in the Iranian civil code under the incomplete influence of Islamic and French law, is based on the protection of ownership of the object of sale or the consideration, and is deviated from it’s legal philosophy, that is, protection of the contractual interests,. In this article, therefor, the legal approach of Islamic law and French civil law wich has been the source of civil code is considered and it is proved that the approach of both system to the purpose and basis and the social philosophy of the gurantee to protect is same, but in the caces that the object of contract is a tangible property, the views protection of Islamic law is more limited on the protection of ownership, but in French law the parties contractual interests has been more regarded.