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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
Issue Info: 
  • Year: 

    2021
  • Volume: 

    11
  • Issue: 

    44
  • Pages: 

    9-46
Measures: 
  • Citations: 

    0
  • Views: 

    698
  • Downloads: 

    0
Abstract: 

Context and purpose: Islamic Revolution in Iran has had significant implications for Iran’ s diplomatic relations with other countries, especially Middle Eastern countries. These practical and theoretical reflections have directly and indirectly influenced Islamic Republic of Iran’ s law enforcement diplomacy. Moreover, coordination between international police of NAJA as the responsible authority for law enforcement diplomacy and the ministry of foreign affairs as the responsible authority for classic diplomacy seems necessary. This article tries to address this main question that what is the optimal model for utilizing law enforcement diplomacy for Iran? Therefore, redefining Iran’ s law enforcement diplomacy doctrine based on the goals and causes of Islamic Revolution in Iran and discussing its implications are the main purposes of this article. Methodology: the purpose of this research is practical and its methodology is descriptive-analytical. Data gathering method of this research is a combination of library-based and documentary studies. Findings and conclusion: law enforcement diplomacy is a channel through which law enforcement capacities of other countries is being utilized. In law enforcement diplomacy, building trust is not only a desired goal but also is an ultimate goal which is cooperation between states. International police of NAJA is a connecting bridge between Islamic Republic of Iran’ s military, law enforcement, and security agencies and Interpol. In fact, International Police of NAJA as the responsible authority for law enforcement diplomacy tries to coordinate and implement the decisions in international arena.

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: 

    11
  • Issue: 

    44
  • Pages: 

    47-71
Measures: 
  • Citations: 

    0
  • Views: 

    580
  • Downloads: 

    0
Keywords: 
Abstract: 

In the current continual and dependent world, no country could step the route of the advancement development solely based upon its local capabilities and non-attentive to the outside world. Paying attention to the nature of human rights regulations in the international arena for implementation in the domestic system is one of the key points and understanding of the monitoring process. Because human rights law, on the one hand, declares privileges that, although an international obligation on the part of countries, the real stakeholders are individuals or groups of people, not their respective states. The issue of human rights in various political, economic and cultural dimensions has created a situation in which, in the age of globalization, most United Nations countries pay attention to human rights standards in their foreign policy. The United States, as a world power, has also addressed the issue of human rights in its foreign policy approach to its own country and to other countries. Also, in recent years, the study of the diplomatic relations of the Islamic Republic of Iran at the international levels indicates that the issue of human rights is one of the most important issues which is in the diplomatic relations. The present article uses a descriptive-analytical method to study human rights in the type of foreign policy approach of the United States and Iran.

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: 

    11
  • Issue: 

    44
  • Pages: 

    72-89
Measures: 
  • Citations: 

    0
  • Views: 

    535
  • Downloads: 

    0
Keywords: 
Abstract: 

Background and Aim: The growing trend of smuggling of goods in the country in the recent years has disrupted the economic and commercial affairs of the country, especially the manufacturing industry. On the other hand, the study of extensive economic and political developments in some countries, such as Turkey and China in the recent two decades, has shown success and progress in the fight against smuggling. Therefore, with the aim of structurally study the fight against smuggling of goods in Iran, China and Turkey, the author tries to explain the factors of this issue. Methodology: The present study is applied in terms of purpose and descriptive-analytical in terms of method. Notelet tools have also been used to collect data. Findings and Conclusions: The findings of the study indicate that China and Turkey in the recent two decades with the modernization of equipment in customs affairs and using new methods, witnessed an increase in customs revenues as well as increasing detection of smuggling and progress in prevention and the fight against smuggling of goods, but despite the fact that in Iran the new tricks and techniques used in smuggling and also the existing organizational structures and regulations do not have the necessary efficiency, thus their revision and adaptation is essential.

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: 

    11
  • Issue: 

    44
  • Pages: 

    90-113
Measures: 
  • Citations: 

    0
  • Views: 

    954
  • Downloads: 

    0
Abstract: 

Background and Aim: The expansion of communication tools and the possibility of communicating at the lowest cost with other parts of the world, on the one hand, is a unique opportunity and on the other hand, has posed threats to the economic, cultural and political security of human beings. One of the most important of these threats is the birth and significant spread of a phenomenon called cybercrime. Crimes that, compared to traditional crimes, are taking more victims from humanity every day, as well as traditional methods of combating crime, do not work for them. The present study examines the role of the police institution along with other limiting factors of these crimes, including documents, laws. And international conventions on the prevention of these crimes. Research method: The method used in the present study is descriptive and analytical in terms of purpose (central libraries, reputable scientific sites such as the University Jihad site, Science Direct, etc. ). Findings and Conclusion: In recent years, leading countries in the fight against and prevention of cybercrime have taken effective preventive measures to combat this phenomenon on the Internet. The law enforcement agencies of the Islamic Republic of Iran, realizing the crisis in Cyberspace has taken effective measures to prevent the occurrence of cybercrime, which has led to widespread psychological and media repercussions. Social and cultural development of leading countries in the fight against cybercrime.

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

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Author(s): 

ZAKERIAN MAHDI

Issue Info: 
  • Year: 

    2021
  • Volume: 

    11
  • Issue: 

    44
  • Pages: 

    114-135
Measures: 
  • Citations: 

    0
  • Views: 

    356
  • Downloads: 

    0
Abstract: 

This article addresses one of the most complex issues in international relations. What to do when confronted with probable force? One of the main issues that has been abused by great powers in the international community is that they resort to attack and war under the pretext of a possible backlash from the enemy. So this article is to answer this key question: what are the political and legal differences and how legitimate is the use of force in responding to force in the face of pre-emptive action, anticipatory self-defense, and preventive operations? The article tests this hypothesis that differences in each of the concepts based on probable legal response (anticipatory, pre-emptive and preventive), motivated to safeguard territory, national sovereignty, human rights protection and the pursuit of security and peace, the nature and form of potential aggression and threats existed, both potentially and imminently and the ambiguity in the reference and the criterion for the recognition of probable force, makes the legitimacy of the options in responding to it, confounded. The author is trying to analyze existing data using content analysis research method.

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

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Author(s): 

Fatin Azar Reza

Issue Info: 
  • Year: 

    2021
  • Volume: 

    11
  • Issue: 

    44
  • Pages: 

    136-159
Measures: 
  • Citations: 

    0
  • Views: 

    449
  • Downloads: 

    0
Abstract: 

Background and Aim: Today, the confidentiality or, conversely, the openness of commercial arbitration in recent years has become one of the most controversial issues in the legal forums and judicial procedures of the courts of different countries. One of the advantages of arbitration over court proceedings is its private nature and closure, which means that the litigants, unlike the litigants in their courts, choose the method and manner of resolving disputes, and in most cases they are arbitrators or The judges are selected and appointed to this task. Therefore, the main purpose of this study is to investigate the confidentiality of arbitration and its necessity in international trade. Methodology: The present study was conducted by descriptive-analytical method. Findings: There is a close and close relationship between the litigants and the members of the arbitral tribunal. For this reason, it is said that hearings and hearings of the jury are private and usually only those who have agreed to the litigation will be allowed to attend. The findings of the present study show that the confidentiality of arbitration is accepted as a principle in domestic and international courts in most countries. Conclusion: The denial of the obligation of confidentiality of arbitration by some governmental judicial authorities has caused some arbitration laws in different legal systems to explicitly state the implicit condition of confidentiality of arbitration. Failure to comply with this obligation by unauthorized committed persons may result in civil and criminal warranties, as the case may be.

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

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Author(s): 

ATAZADEH SAEID

Issue Info: 
  • Year: 

    2021
  • Volume: 

    11
  • Issue: 

    44
  • Pages: 

    160-181
Measures: 
  • Citations: 

    0
  • Views: 

    529
  • Downloads: 

    0
Abstract: 

Background and Objectives: The rapid growth of technology and industry in the light of the globalization process has led to the globalization of crime, as well as the emergence of new and harmful crimes, including the transmission of dangerous diseases. In the meantime, the right to health is one of the fundamental rights of citizens, and criminal law, in addition to its repressive effect, also strongly supports protectionism. AIDS and hepatitis are among the diseases that clearly threaten the health of citizens of the international community. The Iranian penal system has only made a brief reference to this crime and, like other crimes, has considered the three pillars and their subsets necessary for the realization of this crime. In British criminal law, meanwhile, the defendant has been charged with transmitting the virus with a specific intent to commit the crime under Article 18 and with knowledge of the effects of the virus. This article seeks to examine the criminal law approach of Iran and the United Kingdom in the transmission of dangerous diseases and the criminalization of the transmission of these diseases. Method: This research is based on the method that most research in criminal law has taken, in terms of practical purpose and in terms of nature, descriptive-analytical and will be in terms of comparative content, as well as the method of collecting library information.

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: 

    11
  • Issue: 

    44
  • Pages: 

    182-208
Measures: 
  • Citations: 

    0
  • Views: 

    768
  • Downloads: 

    0
Abstract: 

the party in the modern sense is the achievement of Western societies and is one of the basic necessities of any society. Parties play their role by shaping public opinion, introducing candidates, outlining their agenda and goals, raising awareness, political education, monitoring and controlling political power. With the Constitutional Revolution, political parties emerged in Iran and began their work under the name of the Socialist Party (extremist party) and the Socialist Moderate Party (moderate party). The parties initially played an important role in drafting the constitution and other laws and determining the boundaries and powers of the court. With the victory of the Islamic Revolution and the collapse of the authoritarian Pahlavi regime, hundreds of parties and groups became active in the country, but differences in political tastes and different tendencies led to the failure of the parties. From the beginning of creation, human beings have moved towards the formation of society. Many human activities are in the civil sphere and civil societies are responsible for these tasks, so civil society is one of the most basic institutions. The Islamic Revolution can be considered a step forward in strengthening Iranian civil society, but basically civil organizations and institutions in the conventional sense have not yet developed in Iran. The reason for this is to limit their activities and put them in the shadow of the political-security view.

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: 

    11
  • Issue: 

    44
  • Pages: 

    209-230
Measures: 
  • Citations: 

    0
  • Views: 

    2356
  • Downloads: 

    0
Abstract: 

Transfer of ownership and agreement between the parties is an important legal issue that has not received much attention in the comparative context. In this dissertation, an attempt is made to examine the agreement of the parties to the contract of sale in determining the time of transfer of ownership in Iranian law, the 1980 Vienna Convention on the International Sale of Goods and European law. The present dissertation is a descriptive-analytical study using the library method. The results of the treatise indicate that the 1980 Vienna Convention on the International Sale of Goods also referred the issue of transfer of ownership to national law. It should be noted that the task of this convention is to regulate uniformity for the international sale of goods. The enactment of those regulations was therefore intended to harmonize international trade law or a modern trade law. Regarding the possibility of agreeing on the time of transfer of ownership, it should be said that the contract of sale has more customary truth than sharia truth, so it is certain that the rules and regulations related to transactions are more signature And in principle has not established a rule or ruling. On this basis, it can be said that the agreement on changing the transfer of ownership through a contract of sale is not contrary to the general instructions.

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

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