INTERNATIONAL LAW REVIEW
Year:2024 | Volume:41 | Issue:75|Papers Count:8

Iran is facing challenges in the energy and environmental sectors, such as energy wastage, depletion of oil and gas resources, destruction of vegetation, soil, and water bodies, which impose significant costs on the country. On the other hand, international cooperation to reduce greenhouse gas emissions and acceding to the Paris Agreement is a fundamental issue for the country. However, even without joining this Agreement, Iran is compelled to optimize energy production and consumption and protect the environment in order to preserve its natural resources and reduce the costs of the energy sector. This article, recruiting a descriptive method and legal analysis, examines how Iran's self-initiated actions in energy optimization and protection of natural carbon sinks are aligned with the reduction and mitigation commitments of the Paris Agreement in addressing climate change, and to what extent the utilization of this alignment is necessary for cooperation in achieving the objectives of this Agreement and the country's national interests.

Environmental issues are increasingly recognized as major international challenges, emerging as primary concerns not only for environmental activists but also for government leaders worldwide. It is evident that, in the near future, the fundamental sources of conflict among states will primarily involve environmental and natural resource issues. Within this context, mountains hold a unique significance due to their critical role in ecosystems. However, they have received insufficient attention, resulting in their delicate structures being particularly vulnerable to damage and degradation. Clearly, leveraging the frameworks of international law can facilitate the prevention of further harm and the restoration of existing damages. Notably, several European countries have already enacted legal measures in this domain, yielding positive outcomes.

Legislation forms the bedrock of all legal systems, and each system operates according to its distinct structure, characteristics, and conditions. International law, unlike domestic legal systems, does not exhibit the same degree of systematic operation in this regard; non-legal issues e.g. political factors may significantly infiltrate the process of international regulation. Broadly construed, not only states but all actors within the international community engage in international law-making, utilizing both hard and soft law sources. Among these, the traditional sources of international law, custom and treaty, occupy a distinct and unique role. The central question of this study is how these sources have actively participated in the international law-making process from historical times to the present day. According to the hypothesis of this research, employing a descriptive-analytical methodology, these two sources, in a voluntary and non-coercive yet divergent manner, fulfill the needs of their creators. This study finds that while customary international law, as a collective endeavor, evolves spontaneously, implicitly, gradually, and sometimes even inadvertently, the formulation of legal norms through treaties, representing a form of individualism or particularism within the international community, transpires abruptly, explicitly, uniformly, and with deliberate intent.

Resolution of ethnic conflicts (ECs) is crucial for restoring international peace and security, which implicates the role of international law (IL). Employing a descriptive-analytical method and relying on desk research, this contribution seeks to examine the most significant challenges to and opportunities of IL in the context of resolving ECs. The analysis identifies three principal challenges: 1) the internal contradictions inherent in peacebuilding processes that impede the realization of sustainable peace in multiethnic societies; 2) the lack or insufficiency of a minority-oriented approach in United Nations’ structure and reaction mechanisms, rendering the achievement of lasting ethnic peace elusive; and 3) the organizational discoordination and one-dimensional approach within the UN framework, which has led to the inability or difficulty of taking effective, concentrated, comprehensive, and case-specific measures to resolve ECs. Conversely, the authors propose several existing solutions in international law for addressing these challenges including: 1) mainstreaming minority rights at the UN level; and 2) establishing a specialized institution for ECs within the UN structure. This paper provides an in-depth analysis of the aforementioned challenges and opportunities faced by international law in the context of resolving ethnic conflicts.

The nature of international arbitration and the party autonomy in the appointment of arbitrators require selection of the arbitrators from a diverse range of qualified persons, regardless of their nationality, gender and age. However, studies show that the international arbitration is mainly monopolized by white men from developed countries and others have little contribution. The repeated appointments of arbitrators and double-hatting are amongst the most important mechanisms worsening the existing situation, preventing the entry of newcomers and so leading to the formation of a closed circle of international arbitrators. By analyzing the effect of repeated appointments of arbitrators and double-hatting on the diversity of the arbitration community and subsequently on the integrity of proceedings and the legitimacy of arbitration, this article suggests that following the disclosure of the arbitrators’ previous appointments and positions, some limitation should be imposed on the number of appointments and cases one can get involved, either as an arbitrator or as a counsel.

The most common way to address issues in various fields of knowledge, including international law, is through the writing and publishing of books and articles. However, this method is not the only approach to addressing international law issues. One of the most significant methods is the writing of "book reviews," which hold a prominent place in nearly all major international law journals worldwide. It should be noted that "review" in this context has a broad meaning and is not limited to "criticism." A "book review" involves a structural analysis of the work and aims to acquaint the audience with its most important topics and context. This article explains the concept of "book review" and its role in international law, while also reviewing the book "Judging Iran" by Charles Brower.

No Abstract

Following the events of September 11, 2001, the international community has confronted the emergence of a novel paradigm known as the "Global War on Terrorism." This framework has disrupted the equilibrium between human rights and national security, resulting in significant ramifications: it has not only compromised the fundamental rights of citizens but also adversely affected the basic rights of individuals suspected or accused of terrorist offenses. Governments engaged in counter-terrorism efforts bear the responsibility of maintaining a delicate balance between effective law enforcement and the safeguarding of civil liberties. While the existence of terrorism as a formidable threat is widely acknowledged, the protection of human rights - particularly the rights of the accused in anti-terrorism operations - remains paramount. There exists a consensus that, in the pursuit of counter-terrorism, all lawful means should be employed to prevent such crimes, with efforts to neutralize threats supporting the tenets of human rights. However, the central issue pertains to the precision and legality of these measures. This study aims to examine the challenges inherent in reconciling the respect for and protection of human rights with the imperative to combat terrorism, with a specific focus on the rights of the accused. The findings indicate that responses to terrorism must uphold the rule of law; neglecting human rights in the fight against terrorism risks creating an environment conducive to the proliferation of terrorism.