نشریه پژوهش ملل
پیاپی 50 (اسفند 1398)

This paper aims to analyze the concept of emerging power established to the understanding of international affairs. The work observes that the use of the lexicon emerging – regarding to markets, countries or powers – as qualifer for a range of international relations phenomena became a constituent part of the matter. In spite of that, the empirical denotation of the predicate is ahead of the amount of efforts on its theoretical contextualization. Our methodological hypothesis is that the rational denial of the concepts prevailing connotative spectrum by acknowledging the embedded wisdom about cognate phenomena synthesizes a theoretical framework on its accurate use.

In international criminal law, the principle of territorial jurisdiction is determinative, and a necessary condition for the exercise of criminal jurisdiction is to establish a relationship with the location of the crime or the perpetrator(s) of a crime in a competent court. However, domestic law has in some cases gradually adopted forms of extraterritorial jurisdiction. In comparing the Iranian law with the Syrian law on extraterritorial jurisdiction - which can be explained in addition to the territorial jurisdiction - the Syrian legislator has, like the Iranian legislator, actual jurisdiction, active personal jurisdiction, and universal jurisdiction in law, with the exception that as in other Arab countries, such as Egypt and Lebanon, it has not dealt with passive personal competence and somewhat has not advocated a victim who is subordinate to its own country and a victim in another, and this is somehow a defect in the Syrian law in the field of international law. This article also provides a detailed comparison of the weaknesses and shortcomings and sometimes benefits of Syrian law in the accepted jurisdiction with Iranian law, which is worthy of further research by other researchers.

Recognition is a concept that is closely related to sovereignty, so one cannot ignore its impact on the international arena. In practice, the state becomes a political and international entity when it is recognized by other states, and this recognition will be effective in safeguarding the rights, tasks, and duties of the state in the global and international arena. While recognizing a state may actually impose restrictions on the state, it makes states not to evade fulfilling their obligations, and therefore its role and impact cannot be ignored. One of the important effects of recognition for states can be the possibility of their membership in the United Nations and the enjoyment of that membership's rights for that state. However, the creation of a series of tasks and duties for the said state at the same time as membership in the United Nations cannot be avoided. It is clear that recognition is a turning point in the formation of the legal personality of a state and its activity in the international arena in the form of international organization. Therefore, in the light of the foregoing, in this article we seek to examine the effects of recognizing states and how the states are recognized internationally.

Nowadays, financial corruption is one of the major problems of society in state institutions and is a type of the problems that can weaken or even destroy a country's economy. One example of financial corruption is the crime of receiving commission fee in government transactions. Today, this crime has become wider and more complex with the expansion of the administrative and bureaucratic systems and the more complex personal and social relationships. Given the adverse effects of this practice, it is a crime in many legal systems, including Iranian and French legal systems. In this article, a descriptive-analytical method has been used and it deals with the issue of receiving commission fee in Iranian and French criminal law. The results show that in both countries the act of receiving commission fee by government officials is explained as financial corruption and is considered as a criminal act. In this regard, there is no gap in the Iranian criminal law in terms of laws and regulations and relatively severe penalties have been considered for it. However, it should be borne in mind that penal measures cannot be sufficiently deterrent and preventive and the role of civil society in this area has been ignored.

Nowadays, particular attention and effort is paid to judicial assistance as an important right for every human being and a legal privilege for every citizen as well as a basic condition for fair trial in legal systems and communities. Judicial assistance includes assisting deprived and disadvantaged individuals in obtaining legal representation in the judicial process, taking comprehensive and extensive measures to access fair trial and promoting the legal culture through education and service delivery. An examination of the Indian legal system on judicial assistance has led us to conclude that given its historical-evolutionary course in recognizing this legal privilege and in pursuing its socio-economic reforms, it has been able to achieve the aforementioned social justice in the constitutional aims. In this way, however, the formulation of laws commensurate with the cultural and livelihood status of the Indian people and the conceptual scope of judicial assistance and the extensive interpretation of the legal texts by the Indian Supreme Court has been very helpful, which can set clear horizons for the legal system of the Islamic Republic of Iran.

Treaties play a very important role in international law. In fact, one of the most important sources of international law is treaties concluded by states. The nuclear agreement between Iran and P5+1 is of great legal and political importance to Iran. JCPOA was approved by the governments that created it and was implemented shortly. Like many other international treaties, the JCPOA holds rights and privileges for its parties on the one hand, and obligations and restrictions on the other. The rights and privileges of JPCOA for Iran are the successes and achievements of this international agreement for Iran. These achievements have been relevant in a variety of political, economic, international and legal fields, and so far have left some of their objective effects. This study concludes by comparing the components of the nature of the JPCOA. This article is a descriptive-analytic study that attempts to examine the nature of the JPCOA and also the author investigates the effects and consequences from the perspective of international law.

Committing physical behavior is a necessary but not sufficient prerequisite for the realization of criminal responsibility, and this behavior must have been realized voluntarily to bear criminal responsibility. Therefore, if the perpetrator, for some reasons, has not acted for the purpose of doing so, he will not have criminal responsibility, and those reasons are called resolvers of criminal responsibility. In the 2013 Islamic Penal Code, the legislator has mentioned these reasons in Chapter Two, entitled "Barriers to Criminal Responsibility." Some of these reasons completely and absolutely eliminate the criminal responsibility, including childhood, dementia, and reluctance, and others will relatively lead to criminal responsibility being declined, including drunkenness, sleep, and unconsciousness. In this article, we examine sleep and unconsciousness as relative reasons of resolving criminal responsibility. We will also address the status of the will and the option of the sleeping or unconscious person, how he or she commits the crime, and the extent of criminal responsibility and punishment for the perpetrator by analyzing the provisions of the law.