نشریه تحقیقات حقوقی بین المللی
پیاپی 60 (تابستان 1402)

The principle of relativity in judicial proceedings and arbitration confirms that the decisions issued are only binding on the parties to the dispute. However, the scope of the principle of relativity is not limited to votes, and this also exists in arbitration agreements. Therefore, the question arises whether the arbitration clause extends to a third party?

The present research was conducted with a descriptive-analytical method.

The answer given by the domestic law system of the countries to this issue is not the same as the answer of international commercial arbitration law and procedure. Most of the domestic legal systems, citing the principle of relativity of contracts, are resistant to the extension of the arbitration agreement to non-signatories, but international commercial arbitration laws and procedures are far from national laws and policies and realistic about economic and commercial activities between The international group of companies has more flexibility in front of this issue and considers it permissible.

One of the threats to the earth is the loss of biodiversity. Given that the oceans have the highest amount of biodiversity and due to their transboundary nature, the management of marine resources requires interventions at the (national, regional and global) levels. to reduce threats. Based on this, we will address the issue of what role does the protection of biodiversity play in the realization of sustainable development?

The present research was carried out with a descriptive-analytical method.

The world is facing more challenges that have far-reaching consequences for humanity. Some of these challenges are socio-economic, such as increasing poverty and political crisis, as well as environmental challenges, such as air pollution, climate change, and biodiversity loss. On the other hand, environmental rights are an important tool for monitoring and managing sustainable development, which is effective in determining environmental protection policies and reasonable and sustainable use of natural resources. Based on this, the sustainable development of the oceans and regulation through the application of the rule of law is one of the new phenomena in the international law of the seas. The declarations of Stockholm 1972, Rio 1992, Johannesburg 2002 stated that the achievement of sustainable development requires the protection of the environment and called for the orientation of international environmental law in line with the concept of sustainable development. In addition, other conventions such as the Law of the Sea, London, Basel, Nagoya and Cartagena are also trying to regulate the protection of the environment and biodiversity, which have been able to create changes in the internal regulations of governments in this regard.

 In Western thought, the sovereignty of the people is manifested in a democratic system, and the individual deals with his social relations with an identity independent from the society and the government. Also, the legitimacy of laws and government comes from the sovereign will of the people, and governments guarantee the rights and freedom of the people.In fact, maintaining and respecting such mutual rights is necessary for the individual and the society. Because it is only in the shadow of fulfilling duties and fulfilling the right that the government and the individual can grow. In the Islamic system, there is a direct relationship between the people and the absolute sovereignty of God, and the people have been granted the right to self-determination, and the people have accepted this religious basis. The purpose of this research is that considering the fact that the government of Iran is republican and Islamic, this article aims to address the issue of how far the law of Iran as a republican state and Imami jurisprudence as well as international documents is correct. The sovereignty of the people and the establishment of democracy have been taken into account, and on the other hand, considering its Islamic nature, how has this right been applied?

The research method in this article is conventional in human sciences and the method of library study, which was compiled by analyzing the available materials in an analytical and descriptive way, while finding the necessary research and responding to the points and issues rose in this article.

In the present study, the internal aspect of the right to self-determination, which is the right of the people to elect the government system and participate in the decision-making of the society, in terms of international laws and documents and the law of the Islamic Republic of Iran, which is based on Islamic jurisprudence, and its adaptation to Islamic jurisprudence , has been investigated and it can be seen that the Islamic Republic of Iran is a system based on religious democracy, which has been very successful in establishing a democratic system. Also, by studying Islamic sources, we can say that there is no conflict between the principles of Islamic jurisprudence and the right of people to rule, and the difference is in the rules of rule.

A natural child is a child born out of wedlock who is deprived of inheritance and some social rights. Discrimination between legal children and natural children conflicts with the principle of equality of people mentioned in principles 19 and 20 of the constitution. The equality of all people is stated in international documents, and according to the documents to which Iran has joined, it is committed to eliminate any discrimination. When comparing Iran with some western countries, critics believe that natural children have less rights than other people. However, in Iran, the number of people who are legally considered adulterous and natural children is very small, and practically no one This cause is not deprived of its rights.

This article is written in an analytical-descriptive way.

It seem that the natural child did not benefit from all the rights compared to ordinary people, and this deprivation is more serious in inheritance. Secondly, according to Article 1167 of the Civil Code, the child of adultery does not join the wife, therefore, illegitimate children are distinguished from legitimate children in some personal rights. But with regard to other rights, a specific range should be determined for these rights by inductive method in scattered domestic and international regulations. In international documents, there is no difference between legitimate and illegitimate children in terms of human rights.

Health-oriented Goods smuggling is an example of economic crimes, which is categorized in health threatening crimes group, causing humans’ death all over the world. Hence, importation and production of health-oriented goods should be carried out under severe control and supervision. The aim of the present research study is protecting victims of smuggled health-oriented goods in Iranian criminal policy and international documents.

the present study was carried out using descriptive-analytical method with library Sources.

Findings of the present research study indicated that Iran’s criminal policy toward the victims of Smuggled Health-oriented Goods is a different approach, which can be seen in the articles 26 and 27 of the Law of Fighting against goods and currency smuggling acted in 2013, and paragraph C of article 7 of Law of fixed Rules of the country’s development acted in 2017. Prediction of atonement and compensation of loss in the article 27, in addition to being a punishment for the banned goods’ smugglers, is a discriminatory criminal victims’ protection. Investigation of the international documents indicated that protecting victims of some of the crimes has a one-dimensional aspect and no clear and complete protection is seen in these documents. Hence, it is expected that proctors of this crime consider special measurements and steps in their national and international rules in line with all-dimensional protection of the victims. Authorities and the officials in charge should protect Smuggled Health-oriented Goods’ victims through consideration and prediction of medical, financial and social supports.

The current era can be called the era of important developments in the field of new technologies. The developments of the world society have led to the creation of new concepts and evolution in the new atomic technology. In line with the inalienable right of all nations to access the new atomic technology, laws and legal documents supporting or prohibiting this right will be reviewed. In this way, it is very important to identify the categories of development right and new atomic technology that have dual applications and their connection and reference with laws and treaties. Atomic materials that can lead to the production and proliferation of weapons of mass destruction, at the same time, can be useful in the economic growth and development of countries, including the atom and its derivatives.

This research is carried out in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information is analyzed in a descriptive – analytical manner.

In this research, in addition to examining the foundations and principles of the right to development of countries, especially developing countries, the rules of international law regarding new atomic technologies, and especially atomic weapons, have been examined. Therefore, these legal principles and norms governing the limitations of countries, especially the third world countries' access to new atomic technology, in limiting the right of countries to develop, are not in accordance with the rules of international law. All-round access to new technologies and all-round development is the absolute right of all nations, and in general, the right to development is in direct interaction with the attainment of new atomic technology. Therefore, the international community should develop appropriate treaties and laws, show the correct path so that all-round access to these new technologies can be done correctly.

Islamic law in the countries that follow the Imami jurisprudence has given guardianship of the child to the father, and also placed the paternal grandfather on the same level as the father, and each of them has compulsory guardianship to manage financial affairs. And the minor's non-financial status and his legal representation, whether during the other's lifetime or after his death. According to the civil law, the father has compulsory guardianship, but the mother is deprived of the right of guardianship over her child, unless the mother becomes the special guardian according to the will of the father. This is despite the fact that in many countries, the benefit of the child is often considered and not the gender of his parents. In the previous laws of America, as in Iran, it was the father whose role in custody was important, and the mother was deprived of all custody rights of her child. Therefore, in this research, we are going to examine what is the position of coercive guardianship in Iranian and American law?

This article has been done in a descriptive-analytical way.

Legal custody is a right and obligation that is given to parents to make important decisions in the child's life after divorce. With the passage of time and changes in the laws, the mother also had rights and duties alongside the father. The benefit of the child is the most important change in custody rights, and the courts should give custody to the most qualified person, either the father or the mother, based on the hypothesis of the best interest of the child. . The examination of the legal system of Iran and the United States shows that there are basic similarities and some important differences in the two legal systems of Iran and the United States regarding guardianship and guardianship of children.

The Security Council, with its political and powerful structure, is one of the pillars of creating and maintaining international order in the current environment. Among the various decisions of this organ, binding resolutions have a special place. Achieving to/ issuing against a chapter seven resolutions is a very powerful motivation among the actors of the international community. But in the final analysis, the way the resolution is implemented in the structure of the international community and the United Nations itself is more important.

The present research was conducted using an analytical method.

By examining the practice of the United Nations and especially the practice of the Security Council, it is clear that the implementation of the resolutions of the seventh chapter is highly politicized and affected by the prevailing international atmosphere. Regardless of the impressive impact of these resolutions, experience has shown that in cases where the binding resolution is in conflict with the interests of a permanent member of the Security Council, even assuming the adoption of such a resolution, its implementation by the UN organs seems very unlikel. Resolution 2231, due to the change in the international atmosphere after its adoption, has not been immune from this scourge, and regardless of its binding structure, it seems very weak in the nature of its power to impose obligations and compulsions against the permanent members of the Security Council.

The legitimacy or acceptability of political systems is created through general elections and the will of the nations, and some governments consider their legitimacy extraterrestrial and the only acceptability of the political system from the people. Like the system of the Islamic Republic of Iran, which is stated in the preamble of its constitution, "Government, from the point of view of Islam, does not arise from the position of class and domination of an individual or group, but is the crystallization of the political ideal of a nation of the same religion and like-minded people, which organizes itself in the process of intellectual and ideological evolution. Open your way to the final goal (moving towards Allah). However, the acceptance and holding of elections in all parts of the world is dependent on an electoral system based on which governments manage democracy. In this article, we seek to present a desirable election model based on general election policies by studying the German and American electoral systems.

This research article is applied and developmental in terms of its purpose, and the data was collected by library method and analyzed by qualitative method.

Concerned about making the election system of the country fundamental, the Supreme Leader announced the general election policies in 18 paragraphs to the officials of the country on October 24, 2016, and no comprehensive election system has been developed and implemented in this regard. Considering that the electoral system of Germany and America is also proportional and majority; By studying international standards based on the 18 policies announced by the leadership, we have presented a "proportional democratic" electoral system with a specific and comprehensive structure.

international non-governmental organizations are among the active actors in various fields of international law in all world scenes, which have played useful and effective roles so far. During the outbreak of Covid-19, these organizations, relying on the international principle of cooperation among the members of the world community, despite having a guarantee of implementation and a binding institution, have important effects and many functions in the social, cultural, health, economic and even political fields. They have faced this epidemic and in convergence with other international actors. Examining the dimensions, functioning and influence of these international activists is a subject that has been analyzed in this research and is one of the goals of this research.

The present research was carried out with a descriptive-analytical method.

Despite the lack of recognition and valuing of the role of international non-governmental organizations, these limited activists of the international arena have done unlimited activities to help solve global problems, including this epidemic, and it will not be exaggerated. If we consider its results to be praiseworthy. By entering the health, cultural, social and economic fields and influencing the procedures of governments and international organizations and reforming them in different ways, in the fields of preventing and controlling the epidemic of Covid-19 and reducing its harmful effects even in the post-corona period From identifying problems to consensus and exchanging opinions and implementing agreed plans, they are trying to save the world from this devastating disaster and somehow prove the benefits of their existence and presence and show off their abilities to the world community.