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Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Author(s): 

Sami Mohammad Javad

Issue Info: 
  • Year: 

    2021
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    1-12
Measures: 
  • Citations: 

    0
  • Views: 

    834
  • Downloads: 

    590
Abstract: 

One of the social goals of human beings is to achieve perfection and comfort and to stay away from pride and unwanted losses. Knowledge of this has entered into various ways in this subject to understand their intentions and keep away from multiple disciplines by gaining information and legal and social understanding. The presenter of these topics must be familiar with the needs of this field, including social sciences, civil law, and criminal jurisprudence, to understand the meaning and purpose of the word Gharar and the Rule of harmlessness and to transmit it to others. How can the experts in this field use the people to express the possible harms, and with what principles can they be taught to understand the superior concept? This paper presents the analytical analysis of the word damage and the difference between the rule of pride and loss from knowledge of literature, jurisprudence, and law. By examining legal sources, this library research method deals with the question of how to avoid harm. Emphasis on the principles and definitions of the legal rules of pride, causation, loss, and harmlessness states that society considers and harms it. There are many aspects between the law of Ghoror and causation. Experience shows that knowledge does not have the full rights of the audience to be in the vortex of ignorance, arrogance, and loss. With the help of a common denominator such as the social sciences, psychology seeks to ensure that the sciences resulting from neglect and harm are growing in societies. In this paper, while using the methods of linguistic analysis, we conclude that the desired result is obtained by posing parallel problems to avoid repetitive processes. This study intends to guide users in courts and arbitrations according to the views of criminal law thinkers and be responsible for providing solutions to criminal disputes.

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Author(s): 

Farasatkhah Hossein

Issue Info: 
  • Year: 

    2021
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    13-40
Measures: 
  • Citations: 

    0
  • Views: 

    159
  • Downloads: 

    533
Abstract: 

Contrary to what may seem at first glance, critical international law is not an international narrative of critical legal studies. However, critical legal studies (CLS), along with global critiques of liberalism, have made an effective contribution to the development of critical international legal theory. The present paper, with the purpose of explaining a broader concept of critical international law, seeks to show that any approach to international law, which by questioning and re-reading its belief system and procedures, seeks to policy window opening and show inconsistencies between the promises and the ends of international law and the existing reality of international relations, or in other words seeks to show the distance between the status quo and the desired state of the international legal order, and refers this inconsistency to the limitation of the structure or functioning of the international legal system, and provides agendas towards transformation or renewing the values, structure or function of this system, generally has a potential critical capacity. A review of the most prominent examples of critical approaches in the international law scholarship and the examination of their fundamental claims, along with expressing the most important criticisms, shows that the critical approach by emphasizing problem-raising rather than problem-solving and a redoubled attention to the role of international lawyers, offers a great potential for the gradual and progressive development of international law, and by confronting the depoliticization of international law, seeks to participate more actively in re-shaping the global legal order. From this perspective, the critical approach is an episteme towards hope, dynamism, and evolution.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    41-66
Measures: 
  • Citations: 

    0
  • Views: 

    174
  • Downloads: 

    454
Abstract: 

Democracy is a way of governing based on collective decision-making resulting from the will and authority of people which emerges from two principles of " Public Oversight" and " Equality of Participation in Political Affairs". It should be noted that these two principles are closely related to human rights, and as human rights expend and improve, so does their scope. It is worth noting that today at the beginning of 21st century AD, though democracy is the common political system, despite all the progress it has made, it is not a universal system and authoritarian or quasi-democratic regimes are found in various countries, which in many cases, through human rights violation even some times systematically affect internal peace and security and in extreme cases, they affect international peace and security. But considering that the concept of peace and security is implicit in democracy definition, and democracy is a concept in its own right which includes a system of human rights advocated by the international community, and on the other hand, the main goal of international community and its pillars is to achieve lasting peace, the study and evaluation of the approach of international law toward this methods of governing is very important, in fact, the question can be asked: democracy as one of the norms and binging principles for the government or not? The present study, using descriptive-analytical method, and by examining the performance and approach of international institutions and bodies, including “ Genera Assembly” and. . . They are having Investigated this issue. it is assumed that, however, there isn’ t still a formal rule in international law to require the countries to have democratic governments, and democracy has increasingly imported into the area of soft and inconsistent international law. in other words, today international law is not indifferent to the issue of democracy.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    67-91
Measures: 
  • Citations: 

    0
  • Views: 

    204
  • Downloads: 

    473
Abstract: 

Despite the principle of non-use of force and sanction of war in international relations, as well as its use as a legitimate form of self-defense, many people have been killed and severely damaged the environment in this way. Attacks against military targets and civilians in time of war, often impact on the environment and also the development of new weapons such as nuclear weapons, has brought serious threats to the environment. Recent cases, sensitivity and concern for the international community to the environmental damage in the event of armed conflict motivated and drew the attention of lawyers. has on its agenda Given the importance of this issue, the International Law Commission of the United Nations has, the protection of the environment in armed conflict on its agenda, in the light of the development of customary rules to protect their environment. Because in accordance with paragraph 1 of Article 38 of the Statute of the International Court of Justice, one of the sources of international law is international custom, it should be noted that the environment in addition to the contractual provisions is also supported by the unwritten rules of customary international law. Therefore, this study seeks to clarify the role and strategies of customary international law in direct support of the environment in time of armed conflict under review.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Moradi Jaafar | MORADI SADEGH

Issue Info: 
  • Year: 

    2021
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    92-106
Measures: 
  • Citations: 

    0
  • Views: 

    201
  • Downloads: 

    502
Abstract: 

The Scientific Revolution in the 17th century, followed by industrial advances in the 18th century, set the stage for two major developments in urban space and urban planning; At first, classical liberalism emerged with an emphasis on the concepts of freedom and the reduction of state influence in the economy, and then there were sudden and massive changes resulting from the Industrial Revolution in cities. The entry of liberals into industrial cities had detrimental consequences, such as increasing class divisions, creating rich and poor poles, and inequality in the realization of citizenship rights for citizens. In the late nineteenth century, with the advent of the debate over the need to pay attention to the lives of different classes of citizens, liberal thought shifted to a focus on social welfare through a free economy, and neoliberalism was born. The present study seeks to explain the position of citizenship rights in urban planning based on the idea of neoliberalism with a descriptive-analytical approach. The data required for the research have been collected through documentary studies and have been qualitatively analyzed to determine the basic components of citizenship rights. The results show that in neoliberal urban planning, the social and civil dimensions of citizenship rights are emphasized with the aim of improving the level of social welfare.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    107-126
Measures: 
  • Citations: 

    0
  • Views: 

    459
  • Downloads: 

    714
Abstract: 

With the beginning of the Industrial Revolution, Labour law entered a new arena, an area with new features that reflects the efforts of the International Labour Organization to introduce the minimum requirements of labour rights in support of workers, especially in hard and harmful jobs. The conventions and criteria introduced by this organization and the obligation of communities and countries to adhere to and implement them, further clarify the purpose of labour rights protection. But the achievement of these goals requires the existence of an institution or the establishment of oversight over the implementation of laws and regulations. Therefore, the International Labour Organization established the labour inspection system, which is one of the most important parts of the labour law system. The present study has used a descriptive-analytical method with the aim of pathology and expression of strategies to protect workers in hard and harmful jobs in Iranian labour law to examine some conventions and indicators of the International Labour Organization in this regard.

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