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

The Security Council has interpreted the concept of international peace and security extensively and extended it to a wide range of issues, including the protection of human rights and the protection of human rights abuses. So that some of its decisions and actions have been beyond the limits of legal authority and competence and incompatible with the objectives of the Charter and human rights obligations and contrary to the standards of international law. The purpose article is to examine the Security Council as an extra-legal body and the shortcomings of its commitment to its obligations and responsibilities in the face of serious human rights violations resulting from Chapter VII and humanitarian interventions. Despite the council's claim of human rights protection, there has been a clear contradiction in its management behavior and performance, which not only has not reduced human rights violations in practice, but has in some cases exacerbated the council's inefficiency. The findings show that non-compliance with the limits and powers and veto power of the permanent members of the Council is one of the most important factors in the failure of the Security Council in resolving human rights issues and managing international crises. Therefore, by adopting a mechanism independent of the political interests of the permanent members and using the veto to strengthen and positive cooperation, we can pave the way for fundamental changes in the behavioral patterns and procedures of the council and proper internal monitoring of its actions and commitment to provided human rights obligations.

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.

The violation of human rights, both as a customary rule and as rights enshrined in human rights documents, was evident in the Mina tragedy. More than ever, the intervention of the United Nations as an organization that safeguards peace and human rights was needed, using the capacities of the Security Council and the Human Rights Council to assist the victims' families. Additionally, peaceful resolution of this tragedy required the intervention of the Organization of Islamic Cooperation, which, according to its goals, should have entered into negotiations and provided a platform for cooperation between two governments.

The role of international arbitration in maintaining world peace and security has been largely through the peaceful settlement of international disputes as well as the development of arbitration precedents regarding international law governing the settlement of international disputes. Today, the growing role of non-state actors as new subjects of international law has become increasingly important. In addition, international and non-governmental organizations have played a constructive role in the gradual development of international law. In this study, by examining some important international arbitration cases, we seek to answer the question of How the International Arbitration has been influential in resolving disputes between governments and non-governmental actors and non-governmental actors with each other, in maintaining world peace and security and in developing international law. After analyzing the practice of international arbitration, the author comes to the general conclusion that when diplomatic efforts to resolve disputes are fruitless, the best and most effective solution is to refer to arbitration. In fact, the arbitration can resolve the dispute at an early stage and prevent it from escalating into hostilities. Accordingly, at the end of this research, suggestions addressed to the diplomatic system are also presented.

One of the complex issues of international human rights law is the gap between theory and practice. Despite significant progress, international and regional mechanisms have not been able to fully bridge this gap. In this regard, "Domestic Institutionalization of Human Rights" seeks to play a complementary role in the multi-level supervision of international institutions over the protection of human rights in states. This article examines the role of "domestic institutionalization" in international human rights law. The article concludes that the United Nation’s prescriptions for domestic institutionalization of human rights have evolved beyond a mere focus on the role of the national human rights institution, and as much as it is related to the concept of “national human rights system”, it studies all relevant elements, including governmental and non-governmental actors, the legal framework, processes and relationships between them as a system. This process indirectly and softly weakens the absolute sovereignty of states.

The International Narcotics control system has imposed strict drug control policies in order to achieve a drug free world. However, ineffectiveness of these polices besides economic, social and health costs make them hard to support. In the meantime, special characteristic of cannabis has steered countries to take a new approach. Colorado and Washington have legalized cannabis. Canada, Uruguay and some other US states, joined this process. On the contrary, international drug control agencies have accused these countries for violating drug conventions. Therefore, the main question of the present study is to investigate how international drug control system will face with the cannabis legalization in the named countries? Accordingly, the purpose of this study is to analyze the developments of the international drug control system following the implementation of legalization policy. In this research, using descriptive and analytical methods, we seek to answer the main question by examining the pro-legalization states approaches, the position of international drug control agencies and member states of the drug conventions, also the drug conventions provisions, as well as the existing legal solutions to remove accusation of violating the conventions. Findings show that despite the resistance of international drug agencies, pro-legalization states have not yet given up on this policy, and other countries may even align themselves with them and make a new order to control drugs. These issues will confirm the research hypothesis on the necessity to review the international drug control system in the light of cannabis legalization.

In recent decades, terrorist acts have received the special attention of international organizations and member states, and by accepting a series of international and even regional conventions in the second half of the 20th century, they reacted to specific types of terrorist acts and the commitment of governments. This phenomenon, according to the current conditions of the international community, while creating increasing development in the realm of sovereignty, governments as an organized crime, seek to cooperate and actively participate with each other at the regional and international levels. The existence of this terrible phenomenon has provided extensive legal developments for the approval of action regulations at the national and international levels; Because the governments, facing such a situation, tried to set regulations at the national level, and with comprehensive cooperation, they have taken the initiative to compile and establish several documents in this field. Strengthening solidarity and cohesion in the international system in the face of terrorist acts, as well as the commitment to confront them in the process of observing human rights rules, emphasizing the pursuit of non-state actors in this field, are among the most important perspectives of cooperation between governments. Therefore, it is undeniable to adopt principled mechanisms and use maximum cooperation among governments and organizations at the regional and international levels in the face of terrorist acts. Of course, the continuation and development of such a mechanism will be possible in the form of drafting, approving and correct implementation of regulations. Therefore, the goal of such a situation is the maximal confrontation of governments with terrorist actions to guarantee and promote international security and peace.

Economic sanctions have become increasingly prominent policy instruments since the beginning of the 21st century. Major global players, such as United States of America, European Union, and the United Nations, mostly use punitive economic measures to prevent state violence and other state actions deemed intolerable. Sanctions have been a major tool in crises including major human rights violations, terrorism, military aggression, proliferation of nuclear weapons and commercial disputes. Emphasizing on economic means distinguishes struggling against terrorist acts from other measures. Therefore, the economic and military power of states in process of dealing with such actions and the use of various economic tools such as the implementation of economic sanctions make curbing terrorist acts and protecting international security possible. Therefore, along with other effective action and reaction strategies in confrontation with terrorism, the most important strategy is to adopt sanctions approaches or prescribe economic sanctions when facing terrorist acts. Thus, regarding effective struggle against terrorism, economic sanction not only does not lead to violation of human rights, but also it is considered as a strategy to restore lost human rights.

Support responsibility includes responsibility, reaction and change. The perspective of support in Kenya and its reflection on the society is examined.Materials & The research method is descriptive and analytical.Ethical considerations: In this paper, the originality of the texts, honesty, and trustworthiness are observed. The Responsibility to Protect comprises the responsibility to prevent, to react, and to rebuild. What sets R2P apart from the previously prevailing idea of humanitarian intervention is, first, an emphasis on prevention, and second, a stated preference for a multilaterally coordinated response to crises. The third and perhaps newest feature of R2P is the idea that regional organizations have an important role to play in facilitating conflict resolution and the implementation of the Responsibility to Protect. Kenya’s post-election violence. in 2007 was widely viewed as the first case of ‘R2P prevention’. Kenya was seen as R2P’s success story – multilaterally orchestrated action to prevent an escalation of conflict, with heavy reliance on regional actors. This paper questions to what extent this account holds true, and whether the Kenyan case really was a successful instance of ‘R2P prevention’. An analysis of the Kenyan case ultimately leads to the conclusion that the application of R2P was, in fact, unrelated to the success of the conflict mitigation efforts. The Kenyan context was one which was favorable to the success of the mediation, and it is unlikely R2P would have succeeded without these contingent factors.

Geographical research and satellite images indicate the fact that nearly two-thirds of the earth's surface is covered by water and the remaining one-third is land. At the same time, in order to create a balance in the use of the world's waters, many international documents have been approved to enable the use of these international natural resources for all countries and nations, which include oceans, seas, rivers, open seas, continental plateaus, Archipelago, internal waters, territorial sea, waters of the area adjacent to straits and channels and deep sea area. At the same time, the importance of rivers in terms of the diversity of its uses is greater than all the above cases, and this issue has led to the conflict of interests between countries in the use of rivers and unilateralism in policy-making regarding how to use and change the course of some rivers without respecting the rights The tradition of other countries in the use of rivers should be taken into account and it seems that the time has come that if the countries along the river or along the river are not able to resolve the disputes about the rivers and approve bilateral, multilateral or regional treaties, they should ask the United Nations He sought help from the United Nations and international law, and by approving international treaties, he restored regional general order regarding the use of the river by countries.

The excellent position of judging in comparison with other jobs in the society cause judges do their job with high standards of professionalized and specialized to achieve this job and continue to do that. Most of these skills are acquisition and should be teached to people to prepare them for throne of judiciary. Recently, judiciaries of states pay more attention to this matter. Also because of its relevance to human law and good governance, The United Nations has many documents that considering that. Generally according to this documents judicial training departs to pre-training and in-service training. This paper will first establish importance of judicial training, kinds of this training, method of its application and training subjects in accordance with United Nations instrument and national practice of states then it will discuss situation of judicial training in Islamic republic of Iran in comparison with this documents.

Due to the importance of global human rights issues, the international mechanism established in this field is of particular importance. Among these mechanisms is the Human Rights Council. The purpose of this research is to examine the performance of the Human Rights Council in Bahrain. The main research question is what has been the function of the Human Rights Council in Bahrain? The hypothesis of this research is based on the fact that the performance of the Human Rights Council is under the influence of Western governments. In this research, a descriptive and analytical method was used, and the findings of this research show that the special rapporteurs of the Human Rights Council are concerned with the performance of Bahrain in specific issues such as Children's rights, rights of human rights defenders, etc. and has given recommendations in this field. Also, in the global periodic review of member countries (in 2008, 2012, 2017), this council repeatedly questioned Bahrain's performance in the field of human rights and asked Bahrain to correct the mentioned cases. The government of Bahrain, in response to the special rapporteurs and periodic reviews of the governments that have made recommendations on human rights violations in Bahrain, has sometimes accepted and modified the recommendations and sometimes considered them to be contrary to the domestic laws and the modification Those recommendations have backfired.

The right of veto has always been of great importance as a means of exercising power by the permanent members of the Security Council. This article aims to review the veto procedures in the UN Security Council in a descriptive-analytical manner using the theory of realism. The main research question is: What effect does the veto privilege for the permanent members of the Security Council have on the veto of the Security Council? The results show that today, the emergence of various political and economic developments in the international arena has led to the veto is no longer open and real, and permanent members have tended to a secret and open veto. On the other hand, the issue of veto power has been brought to the attention of the international community today, and various countries have stated that veto power should be restricted in cases such as genocide and the commission of widespread crimes against humanity. However, this has not yet been finalized and finalized. However, due to the developments in the new era and the existence of crises such as Syria, it is not unreasonable to expect that with the approval of the applicable documents, the veto will be severely restricted in practice, although we see a kind of restriction on the veto.

The International Court of Justice is on the one hand the judicial authority of the International Court of Justice and on the other hand is one of the pillars of the macro structure of the United Nations which is always within the jurisdiction of various issues with numerous conflicts. The present study examines the effects of conflict between the pillars of the United Nations with an emphasis on the theories of the International Court of Justice.

In this article, a descriptive-analytical method was used. Legal texts and sources, including Persian and Latin sources, form a major part of the data of the present article.

Ethical considerations: 

The present article is the basis of ethical principles and rules in the field of using resources and accurate references.

In a systemic approach, the International Court of Justice should consider organizational goals in its decisions while performing its judicial duties. The precautionary procedure of the International Court of Justice in the face of decisions taken by the UN Security Council demonstrates the acceptance of the principle of the effectiveness of the United Nations in resolving important global issues.

Taking advantage of the idea of an interim vote, deciding on purely legal issues, and working with the Security Council on issues that affect the effectiveness of the United Nations play a role.

Since the establishment of the United Nations, many documents and conventions have been approved under the title of protecting women's rights, but the increase in crimes against women, poverty, immigration and pornography are examples of the failure of this important international organization to defend women's rights around the world. The protection of women encompasses a wide range of important international issues that require urgent attention. Some issues, such as women's prostitution, arise from economic factors, and others, such as violence at home and in the community, are rooted in poverty, social norms, and tradition. According to a 1995 survey of the number of children employed in the sex trade, one million girls enter this multibillion-dollar industry each year, and nearly forty million girls under the age of fifteen are abused and in need of health and social care. The adoption of legal measures in support of victimized women has been one of the priorities of the working group of women in the United Nations in 2021

Undoubtedly, one of the crimes that threatens the peace and internal security of countries and the international community in a mysterious and widespread way is the crime of terrorism, which has caused deep concern for almost all the nations and states of the world, and dealing with it as a Erga Omnes obligation Inclusion is demanded from all countries and because some Countries do not have the experience of threats and terrorist attacks, they have no desire and inclination to cooperate with the international community to eliminate the crime of terrorism And this seemingly simple issue has caused the continuation of terrorist attacks in the world. In this research, we will deal with the obstacles of applying the principle of universal jurisdiction in the fight against terrorism and we will provide guidelines for its acceptance and application. The research method in this article is descriptive and comparative, and the findings of the research show that the governments act completely monopolistically in the field of jurisdiction of the domestic courts, and it does not go too far to exercise global jurisdiction.

Due to the great importance of human rights and its direct relationship with maintaining international peace and security, treaty institutions have emerged to monitor and control the implementation of human rights treaty standards. Such bodies are committees that act as monitoring bodies for universal human rights treaties. So far, 10 committees have been established in this way in the UN system. The committees, which form their main activities in this field through the State reporting system, have so far had significant effects on the implementation of human rights and the reform of national laws. Despite all the positive achievements of these institutions, there is a negative reality in this system; the system has never been carefully and coherently planned. Such incoherence and planning have led to many negative consequences, including financial problems, lack of staff and, insufficient effectiveness. The purpose of this article is to examine the various ideas and solutions to solve the problem of incoherence and waste of resources by asking whether it is time to consolidate these institutions in the Human Rights Council to solve the problems.

For a long time it was thought that it was only war that threatened international peace and security, but later it was proved that international peace and security can be used in countries' conflicts, proliferation of weapons of war, global climate change and confrontation. Countries for the acquisition of water resources along with the growth of world population and increasing poverty, unemployment, especially the growth of terrorism can be considered as new threats to international peace and security. In other words, the problem of poverty and terrorism is as harmful and terrible as the wars themselves. If countries want to always have peace and security, they must be careful not to reduce the international security factor, so in this study we try to prove that every issue A human being who encounters misunderstandings between countries can lead to conflict and even war, and the research hypothesis is based on the fact that instances of threats against peace are increasing in various ways and the international community should think of threatening a solution. To increase countries' patience and tolerance through dialogue and diplomacy. In the present study, we examine the evolution of the concept of threat to international peace and security in the global village and the research method is to use the methodology of international law in a descriptive-analytical way between the content and inference of new solutions.