مجله پژوهشهای حقوقی
پیاپی 56 (زمستان 1402)

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.

The assumption of independence of domestic and international law systems does not impede the relationship between these two systems, and in particular, the ability to apply international law in domestic law or the ability to apply domestic law in international law. In addition, from the perspective of international law, in the event of conflict between these two legal systems, the general rule of superiority of international law over domestic law prevails. This means that a State cannot evade its international obligations by relying on its own domestic laws or invoke these laws to justify acts contrary to international law. In other words, this general rule of customary international law is in fact a connecting point between international law and domestic law. On the basis of an effective interpretation of this rule, it can be considered that States have an obligation not to enact laws contrary to their international obligations and even to accord an un-waivable status to their international obligations in the hierarchy of domestic laws. The ability to apply domestic law by international law, or in other words, “renvoi” to domestic law, has taken many forms and some new dimensions in the opinions of the International Court of Justice and international arbitral awards.

Legal realism and legal formalism as two methods of judicial decision-making in national and international courts have been hot theoretical and philosophical topics among writers, judges, and lawyers in recent decades. Both methods have supporters and each has presented arguments to strengthen their views. In this research, with a descriptive-analytical method and using the library method and using reliable internet sources to collect data, an attempt has been made to answer the question that contemporary international law is at the crossroads between realism and legal formalism Which way is it going and what method does the International Court of Justice, follow in issuing its opinions? The answer that we got in brief is that the debate between these two methods in contemporary international law and as a result in the opinions of the International Court of Justice, has not had a clearly defined winner. However, the tendency is more towards formalism.

Exercising the jurisdiction of states in different maritime areas is a subject that has always been a source of controversy throughout the history of the international law of the seas. The efforts that have been made to increase these qualifications and the restrictions that have been applied to regulate them. However, on what basis such an increase and limitation of jurisdiction is done, it has caused many disputes. On the one hand, states emphasize the unquestionable principle of freedom of navigation contained in the UNCLOS, and on the other hand, by entering into some agreements to inspect and seize ships, they limit and, as a result, interfere with navigation. Today, in addition to the traditional interventions and restrictions on navigation that are stated in article110 of UNCLOS, we are facing emerging issues in the field of seas, which can be the reason for the intervention of ships in order to maintain international peace and security, interests and internal laws of states. Providing and implementing sanctions is an important part of this position. The main question is how to justify the intervention of international navigation in the implementation of cross border sanctions? In the present article, which is written with a descriptive analytical method and using library sources, by examining the legal bases of intervention in shipping and the implementation of economic sanctions in this regard, it can be concluded that today the acceptance and implementation of international agreements that it is considered as one of the main policies of governments, it it has been able to remove the interventions towards the ships from the framework of the Convention on the Law of the Sea and puts the implementation of unilateral policies of the governments such as the application of cross border sanctions, which is a sign of deviation from important principles such as the principle of freedom of navigation.

Terrorism has always been a threat to the lives and security of the Filipino people. The existence of various terrorist threats in this country inevitably necessitated a codified mechanism to deal with terrorist threats. The country's 2007 Human Security Act was enacted to combat terrorism and was intended to combat militants in the southern Philippines. Critics of the law argue that the amendment was necessary to pave the way for the prosecution and punishment of perpetrators of terrorism, which led to the passage of the 2020 Anti-Terrorism Law. Compliance with the Philippine Constitution is currently being challenged by various domestic and foreign groups and has been reviewed by the Supreme Court. But the government, and especially the president himself, was determined to pass the law quickly and did not show any leniency. Some Philippine government officials believe that the review of this law shows that there is a guarantee of compliance with human rights standards in its place and this in itself can be considered a strong reason for the law to comply with international human rights instruments. But a careful examination of the law can ultimately lead the analyst to the conclusion that, despite the lawmakers' consideration of compliance with human rights standards, which appear to have been largely successful, the issue of long-term detention can be considered a flaw for it.

Today extremism and any type of violent activities based on extremist idea have been become to one of the most controversial Threats to international peace and security. Combating this phenomenon is not properly successful by responsive measure, so its recommended by International intuitions that anti-extremist measures need to utilize a comprehensive policy that encompass all dimension and related matters in addition to suppressive measures, the policy has to consider preventive one. One of the most important function relied on preventive measures is recognition extremism causes and roots and its tendency expansion. Researches show non-development and deprivation of soci-economic rights is one of extremism expansion reasons. Focus on sustainable development may employ as a complementary solution in anti-extremist policies. The article concluded that in order to utilize sustainable development for combat extremism, new approach for prioritizing of its Goals is needed and any sustainable development program have to reorganize under the flag of anti-extremism policies.

Nowadays, environmental protection and consequently soil conservation have been considered in the criminal policy of different legal systems. To recognizing the criminal policy of three Iran, Iraq, and United Arab Emirates Countries in soil conservation in the form of a case study and analytical-descriptive method, the current study tried to investigate the Positive Law to identify the political criminal reaction of these three countries in confrontation with harmful behaviors to soil. First, damages to the soil and then Positive Law and the taken criminal policy in each field have been investigated to clarify government’s approaches to the environment in general and to the soil in particular, considering that the center of attention of criminal policy is environmental protection as a fundamental value or it is dependent on human and his interest. Recognizing these components substantively and the responsibility of the criminal policy of these three countries to the criminal phenomenon (including crime and deviation) in terms of form specify their criminal policy position in the categorization of big criminal policy systems; finally, this study showed that human-oriented approach to environment has overcome ecological protection balance and considering cognitive model, the criminal policy of all three countries is near to liberal government-society in the field of soil conservation.

Advances in technology and advancing in the digital age and cyberspace have led to the emergence of new rights for individuals. One of the new issues is the right of children to be photographed in cyberspace; where children - as one of the most vulnerable sections of society - are exposed to all kinds of victimization through the violation of their rights. In this regard, it is necessary to protect children and make protective laws due to being in an unequal situation. Dissemination of children's images due to persistence in cyberspace causes much harm to children. Invasion of privacy, affecting their right to self-determination, sexual abuse of images, violation of the right to mental health and psychological damage are among the effects of abusing children's image rights; which are all against his interests. The present study seeks to provide legal solutions by examining the importance of the status of this right and its violations and by using descriptive-analytical method and comparative approach. Findings indicate that the systematization of cyberspace along with the close supervision of governments requires performance guarantees in case of violation; This vacancy is clearly visible in the domestic legal system of Iran.

Modeling has become popular in many societies today as one of the advertising arms of the fashion industry. Women are one of the important elements in this activity. Women's modeling has become one of the most challenging issues with the expansion of cyberspace in Iran. This research, by taking a descriptive-analytical method with a practical purpose and by collecting information from library and Internet sources, seeks to explain the gaps in the field of women's modeling in the Iranian legal system and to provide related proposals. This is done by examining the licenses, restrictions, and prohibitions of women's modeling in Iranian law. Based on the findings of this study, in the Iranian legal system, specific rules and regulations for Women's modeling are not specifically provided. Of course, there are rules and regulations in the fields of fashion and clothing, advertising, and cyberspace, which may include some types of modeling. From the present study, it can be concluded that the Iranian legal system does not have a specific approach to modeling and the legal gap in this regard is tangible. The recent reality has caused Women's modeling, which has emerged as a social phenomenon, to lead to undesirable results if not guided and monitored properly.

A trade union is an organization, established to protect the interests of employees, and freedom of association affects labor relations. The Human Rights Instruments and documents of the International Labor Organization recognize the importance of freedom of association. Considering the high union density and collective bargaining power of trade unions in the Nordic countries, especially Sweden, which comply with freedom of association and the principle of tripartism of the International Labor organization. The Swedish legal system is based on the social dialogue policy and the guarantees of freedom of association in the Instrument of Government and the Co-Determination Act has led to the development of freedom of association and is universally regarded as a successful model. The study's findings explain that freedom of association in Sweden is due to the trade union's widespread free hand and the Swedish legal system's development-oriented supportive approach to trade unionism, which is consistent with the International Labor Organization's understanding of freedom of association. In the Iranian legal system, despite the recognition of freedom of association and the existence of the trade union in the labour code similar to the Swedish legal system, the laws related to collective labour relations are not comprehensive and supportive, and in practice, the approach goes against freedom of association. The study uses a descriptive-analytical method to study freedom of association in the legal systems of Iran and Sweden in different aspects.

Right to action as a natural right recognized in Constitution an International Pacts. Except some rare cases, everybody is free to act with this right. The conflict is a pre se requisite of litigation but we see some cases by the subject of homologation a contract which has not yet a conflict and courts have not a similar jurisprudence in cases. Although courts can, qualification or requalification the title of litigation but the manner is civil cases is different and the courts can see the cases, which permitted by laws and regulations exceptionally. We think that a litigant has profit to litigate and so we are trying to critic the case law and courts can, qualification or requalification the title of litigation but the manner is civil cases is different and the courts can see the cases, which permitted by laws and regulations exceptionally. So as a result, every conflict by a legal consequence will be accepted as litigation.

“Deliberation” in Mehdi Bazargan’s thought, in changeable issues, is based on contemporary reason. But on the one hand, both deliberation and contemporary human reason cannot ignore the general approaches of »religion«, and on the other hand, distinguishing the religious general approaches without using »reason« cannot become possible. While »reason« is the reference for picking methods, it is the basis for understanding religion. Accordingly, reason and religion are not separate from each other. In fact, »deliberation« in Bzargan’s thought is a clear example of the accompaniment of reason and religion. To demonstrate this proposition, the bases for »deliberation« in Bazargan’s thought will be considered in three parts: the principle of deliberation in government; the principle of revelatory prophecy; secularization of government or separation of religion and government, not separation of religion and politics; and the differentiation between values and methods. Based on these three principles, we can speak of the originality of both »religion« and »reason« in Bazargan’s thought.Bazargan's experience after the 1957 Revolution, which faced him with the real problem of governing, became a means of gradual changes in his thoughts than his combative approach in the 1340s and 1350s. These gradual changes limit Islam's position from the pervasive ideology with a lot of commands for all social and political programs to merely directing ideology in a set of principles and generalities. Therefore, the scope of deliberation, which was limited to executive affairs in his thoughts before the revolution, extends to the legislative domain, which this article attempts to discuss in detail.

According to the theory of separation of sovereignty from Commercial Activities, companies do not exercise sovereignty; although this theory of French law has not been an accepted principle in all legal systems, including in Iran, where prior to the enactment of the Third Development Plan, public sector companies undertook sovereign duties too. In the seventeenth to nineteenth centuries, the entanglement of sovereignty-entrepreneurship led to granting sovereign, even military powers to concessionaire companies; separation of sovereignty-ownership by France also took place in the nineteenth century, in order to advance colonial goals and to avoid recognition of the rights of the charted companies of other colonial powers. The exercise of corporate sovereignty has always been based on some legal principles: the Christian tradition and the criteria of discoverythe non-ecclesiastical natural law and the criteria of effective custody for recognition of ownership, and then, European public law and criteria of effective custody. In the nineteenth century, domestic public law was the legal system governing charted companies; however, political developments led to the emergence of spheres of influence and the establishment of non-European states; eventually, direct confrontation of European states in the colonial territories led to the formation of nation-states, the elimination of corporate's proxy role despite their efficiency, and the end of charted companies. Nevertheless, in the twentieth century, and especially in the early twenty-first century, International National Companies, with somewhat similar and, of course, non-colonial functions, became the means of exercising the extraterritorial sovereignty of their respective states.

The prison system in Iran is considered to be a part of sanctions that restrict or restrict freedom. Judiciary authorities use it repeatedly and irregularly due to the numerous prison-oriented laws, until now, all kinds of methods of reducing imprisonment have not been able to remove this punishment of deprivation of liberty from the circle of judges. The prison system aims to help reduce the return of prisoners and create security in society through the correct implementation of prison sentences in such a way that dangerous criminals and those who must be removed from it to protect society are reformed and those for whom prison is not their place and is due to coercion. The law is designed to prevent serious harm from being together with other criminals or staying away from family and society. Research This qualitative research has been done in a descriptive-analytical method, relying on international instruments and studying national laws and regulations in the form of documents and libraries. Findings and Therefore, in this system, special regulations regarding prisoner services, legal friendships, prisoner employment, clarifying the duration of the prisoner's presence and programs during imprisonment, and the ways to get out of it have been discussed.

Criminal law plays a unique role in protecting environmental rights. Ecocide as an environmental problem is a global problem that has transcended national borders and turned into environmental pollution and regional and global ecosystem problems. The use of criminal law and determining the guarantee of execution, both in the domestic and international dimensions, to protect environmental rights, will have an effective impact on the protection of the global environment. Internationally, environmental rights are defined as the right to have a good environment. However, this concept is developing and a precise definition of the crime of ecocide of material and spiritual elements and what place ecocide has in the definition of the crime has not yet been provided. Governments, groups, and companies with power and wealth, as the main cause of environmental destruction, what restrictions do they create in establishing and passing laws related to ecocide? This article analytically and descriptively shows that criminal behavior in the field of environmental crimes is a very serious issue. These behaviors include illegal activities related to water and air pollution, destruction of natural resources, illegal hunting and wildlife trade, migration developments, smuggling of biological products, and other activities that harm the environment as destruction. In other words, the purpose of this research is to map where ecocide is located under the criminal law offense and provide directions for future research.