International Law Review
Year:2022 | Volume:- | Issue:65|Papers Count:13

Throughout history, justice has been seen as the goal of legal knowledge, and in terms of value, it has been comprehensively defined as values. The question of this kind of justice in recent years-in the light of technological advances and the expansion of human hands in nature and, consequently, the danger of destroying the natural and human environment-has become particularly important. Intergenerational justice is trying to make the current generation aware of the right of future generations to be official in natural resources and the environment, and to find a way out of the current world of destruction. This effort, of course, has been somewhat effective and has been able to open the door to special literature on international environmental law in international political and judicial institutions. However, such justice cannot yet be considered one of the necessary rules for the implementation of existing international law. Intergenerational justice is, at best, a doctrine to move existing rights toward desirable rights and to interpret the rules of international law in a fair and just manner based on the needs of the international community as a whole, which must move towards preserving the "common heritage of humanity. "

In dealing with various cases and circumstances in the international community, international courts and tribunals do not always act in the same way. Rather, they try to perform their judicial function and in so doing they adopt different approaches in order to maintain an equilibrium between the requirements of the international community, on the one hand, and the wishes of the disputing parties, on the other. The choice of these approaches to a large extent depends on the underlying ‘ judicial policy’ of each tribunal which can, in turn, be distilled out of the constant jurisprudence of that tribunal. During its life-time, the International Court of Justice has generally strived to stay in harmony with the needs of the contemporary international community in order to perform its judicial function in the best way possible. Thus, in times in which the international community was experiencing crisis or instability, the Court has attempted to adopt a rather passive view and judicial restraint. Conversely, in times of stability, it has tried to adopt a proactive approach and judicial activism. However, due to the special circumstances of each case, the Court has sometimes shown more affinity to one of these approaches.

Development could be realized as third-world’ s demand on international law. historical evolution of concept and normative position of the development law happened in years. At first, the right to development was claimed in order to establish a new economic order. Eventually, some new aspects like social development have been considered. Acceptance of these aspects have led to establishment of new concepts like human development, millennium development and also sustainable development. The latter, in a pattern has combined the three pillar of economic development, social development and environment for sustainable construction and is an objective framework for the concept of development. Defining the nature of sustainable development is one of the most challenging subjects in the international law, at the current time. This was a challenge from the very first time of the establishment of right to development in international law and so far, international lawyers are not unanimous in this regard. Considering the evolutionary road and functions of sustainable development, by using descriptive – analytical method this article determines the normative position of sustainable development as an international commitment in international law.

Since the launch of the world's first ballistic missile, the nature of warfare has changed forever, with profound military and political developments around the world. Ballistic missiles made it possible for a nation to move away from the battlefield and, with the relative immunity gained, to strike deep into enemy territory and inflict heavy losses. The hallmark of the ballistic missile index is its ability to carry heavy nuclear warheads weighing 40 megatons, which, in addition to its 12, 000-kilometer range, has raised concerns among international powers. To this end, in the absence of consideration of specific international rules, they have made political and exclusive decisions about the legitimacy or illegitimacy of the use of this weapon. What is considered in this study is the answer to the legal status of ballistic missiles in international humanitarian law. The findings of the study indicate that, despite the legal nature of ballistic missiles, the assessment of the legitimacy or illegitimacy of the use of this weapon depends on the examination of experimental data from each missile exercise, which does not provide a general conclusion about the legal status of ballistic missiles. The experimental data of the launch missile should be reviewed and verified.

Intentional starvation is a violation of human rights and a crime whose perpetrators have been enjoyed the impunity. Recently, however, the international community has taken steps to prevent and combat it, including in the Rome Statute. Although, its provisions have been criticized for lack of transparency about the elements of crime, especially the spiritual element, or for limiting its commission to international armed conflict and its conceptual development is essential. In view of these considerations, the present article seeks to examine and analyze how a gradual and while violating a human right such as the right to food by governments (with political, military and economic motives) leads to commitment an international crime as starvation. And what is the capacity of international law, including in the international criminal law system and the international human rights system, to prevent the occurrence of this crime and the strategies to combat the impunity of its perpetrators. The answer to this question is very important and vital in the effective guarantee of human rights standards, and over time, it can accelerate and facilitate the international prosecution of serious and gross human rights violations.

The human right to live in one's homeland has been one of the basic human rights throughout history. Forced deportation and transfer of persons from the motherland has occurred in abundance throughout history, and its harmful effects can still be seen. This heinous act has been committed for various purposes, including the exploitation of human beings, the deprivation of their property rights in their homeland, and so on. With the establishment of the International Criminal Court and its jurisdiction to deal with international crimes, explicit transfer of persons as one of the forms International crimes specifically identified as crimes against humanity and war crimes. In this article, the dimensions of the above phenomenon as crimes against humanity and war crimes are examined and its distinction with similar concepts such as deportation, genocide and The relationship of the two is discussed. Finally, with a critical approach to the case law of the International Court of Justice in examining cases of forced transfer in the Bosnian case against Serbia and Montenegro in 2007, the lack of a unified approach between the International Criminal Tribunal for the former Yugoslavia and Rwanda and the International Criminal Court Been paid.

Economic sanctions imposed by the United States of America have affected various sectors of the economy and the field of health and treatment in our country for many years. Although the Sanctioning government always claim that the sanctions do not include the health sector and medical equipment, but in practice, by imposing banking sanctions blocking the purchase of essential pharmaceutical items. In addition, foreign companies' fears of US secondary sanctions, despite the explicit provisions of the International Court of Justice's interim injunction excluding transactions in food and medicine, have prevented them from cooperating with the sanctions. Have become Iranian natural or legal persons. With the outbreak of corona virus, especially in the early stages, the shortage of drugs and medical supplies has disrupted the country's treatment system for effective and rapid response to the corona virus, which is a gross violation of fundamental rights. Human beings are considered have been repeatedly emphasized in numerous international instruments. The purpose of this study is to prove the legitimacy of Iran in claiming this fundamental right in national and international authorities, to provide better management of this crisis and the possibility of compensation for damages caused by sanctions.

On the execution of the Sino-British Joint Declaration in 1985, which had detailed resuming the exercise of China's sovereignty over Hong Kong, there was also an exchange of memoranda between the two sides. The British Memorandum to China stated the United Kingdom's pledge not to confer the right of abode in the United Kingdom on Holders of the British National (Overseas) passports who are Chinese inhabitants of Hong Kong. Following occurrence of a political turbulence in Hong Kong during 2019 and 2020, which led to a strained relations between Britain and China, British government unveiled plans to offer Hong Kong residents the chance to settle in the UK and ultimately apply for citizenship. The new immigration arrangements sparked furious reaction by China. There are doubts about the binding effect of the commitments embedded in the above-mentioned Memorandums, for a number of reasons. Scrutinizing the characteristics of a binding legal obligation in international law, this essay comes to the conclusion that the UK's pledge is a legally binding and unilateral one. Then it argues that revoking unilateral acts, which has been termed an “ inherent right” by the ICJ, exceptionally could not be applied on the British Memorandum in this case.

Reflective losses concern damages resulting from losses sustained by the corporate entity which are felt by shareholders in the form of devaluation of their shares. Shareholders’ suits seeking compensation for such damages are barred under corporate law systems but have caused lengthy debates in international investment arbitration: On one hand, foreign persons often organize their investments in host States through acquisition of shares in a local company. On the other, current arbitral precedence allows foreign investors/shareholders to seek compensation for devaluation of their shares resulting from host States’ illegal measures against the local company. The present article studies the said arbitral precedence and reviews the arguments put forward by tribunals for allowing such damages to be sought in investment disputes.

Singapore Convention on Mediation was signed by 46 countries, including Iran, in August 2019 and came into force in September 2020. The aim of the promulgation of the Convention is to provide an effective mechanism, akin to New York Convention, for enforcing settlement agreements resulting directly from mediation. The process and result of negotiations indicate that the future of the Convention is uncertain. The unwillingness of the EU, European countries and Japan on the one hand, and the lack of cultural and legal foundations in a given country that may consider the ratification of the Convention on the other hand, may amount to unsuccessful application of the Convention. This article illustrates problems and controversies raised at the time of drafting the Singapore Convention. It also demonstrates advantages and disadvantages of the possible ratification in Iran. It concludes that Iranian legal system is currently lacking a legal basis in terms of commercial mediation, and hence prior to the possible accession, Iran should adopt a legal framework for commercial mediation by inspiriting from UNCITRAL Model Law on Mediation.

The rapid development of new information technologies and data analytics has caused the awareness of the economic value of data and data has become a new kind of asset. In European union, the acceptance of data as a new legal object is not revolutionary, but a change in the conception of ownership. By introducing data as the vital resource of the digital economy, the improvement of legal rules, including ownership rights, becomes necessary. This paper discusses the concept of data, identifies the challenges in defining the property rights in data by analyzing for and against arguments, and studies the position of data in intellectual property rights, trade secrets, data protection, contracts, and competition law. Attitudes towards ownership as a fundamental concept, in relation to data, face various uncertainties, and focuses on data ownership could arise new economic concerns and legal issues. However, the lack of legal rules on data ownership should no longer be ignored. The mentioned legal systems also do not provide a sufficient basis for ownership of data. The solution is to regulate data, based on a clear definition of ownership while respecting the fundamental rights of individual, and providing the means of success in the digital economy.

The increase in the number of Islamic financial institutions and the emergence of Islamic banking in recent decades has led to the expansion of Islamic contracts and religious – based commercial activities in the international arena, and hence the possibility of choosing and exercising (applying) religious laws in international commercial contracts, has taken. Although the practical procedure and the realities of the international business world do not allow such a choice, Article 3 Hague principles on choice of law in international commercial contracts 2015 by applying a new approach and extending the scope of party autonomy, supports choosing of religious law as governing law in the contract. In recent years, rendered awards have also been given a more flexible stance on the choice of religious law and recognizing greater authority for the parties to the international commercial contracts. The present article, therefore, seeks to discuss the possibility of recognition and application of religious laws as the governing law on commercial contracts in the international arena.