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Issue Info: 
  • Year: 

    2025
  • Volume: 

    14
  • Issue: 

    4
  • Pages: 

    1-22
Measures: 
  • Citations: 

    0
  • Views: 

    6
  • Downloads: 

    0
Abstract: 

Articles 39 to 41 of the 1969 Vienna Convention on the Law of Treaties contain rules regarding the amendment of international treaties, stipulating that amendments can be applied with the agreement of the parties involved. Essentially, the establishment of such a mechanism in international treaty law was designed to address the evolving needs of society, ensuring that global issues and challenges do not hinder the advancement and implementation of treaty objectives. It allows for the continuation of treaties by enabling changes to their provisions. The main challenge lies in the impact of the treaty amendment process on the international obligations of states and treaty members, which could divert them from the pre-established goals of the treaty. For this reason, the Guardian Council, in reviewing international agreements under principles 77 and 125 of the Constitution, has consistently intertwined the issue of treaty amendments with adherence to Article 77 of the Constitution, ensuring that no obligations are imposed on the state beyond what has been ratified in the internal system of the Islamic Republic of Iran. The primary concern of this paper, which is written using a descriptive-analytical research method, is to explore the basis of the contradiction between the explicit method of amending international treaties and principle 77 of the Constitution in the opinions of the Guardian Council. According to the research findings, the consideration of the state's consent in the treaty amendment process is deemed the main condition for the compliance or contradiction of these amendments with principle 77 of the Constitution within the legal system of the Islamic Republic of Iran.

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Author(s): 

SEYED FATEMI S.M.G

Issue Info: 
  • Year: 

    2003
  • Volume: 

    -
  • Issue: 

    28
  • Pages: 

    5-44
Measures: 
  • Citations: 

    1
  • Views: 

    1636
  • Downloads: 

    0
Keywords: 
Abstract: 

Arguing that human rights treaties by their nature are different from other international agreements, this Article deals mainly with such questions as succession of states in respect of human rights treaties and reservations to such instruments.  In contrast to other treaties, which are generally “inter-states exchange of interests”, human rights documents are protective instruments according to which states parties undertake to restrain their discretion as regards fundamental rights and freedoms both internally and internationally. This is why adopting different approach to offer a proper theoretical framework as to the above questions seems to be necessary. In addition to author’s classification of human rights treaties into six categories, the idea of automatic succession of states to human rights instruments and invalidity of certain reservations to these treaties are main contribution of this study.

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Author(s): 

Mansouri Gholamreza

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    175-190
Measures: 
  • Citations: 

    0
  • Views: 

    222
  • Downloads: 

    22
Abstract: 

In some point of view, neither Michel Foucault nor Ibn Khaldun are considered philosophers in the conventional classifications, but both are very  important in intellectual and, of course, in philosophical contexts, especially for those who are interested in the deep study of human life from the perspective of political thought.The main concern of two thinkers, one in the 14th century, the other in the 20th century, is the issue  of power, although neither of them provided a precise definition of it. In this article, an attempt has been made to show the place of power and domination in the political thought of both thinkers by examining the thoughts of two thinkers. And in search of an answer to this question, how did Asabiyyah and industry of religion in Ibn Khaldun's thought and social control through self-technology and discipline in Foucault's thought lead to the expansion of the domination of power? This article is written by analytically comparing the opinions of two thinkers based on Ibn Khaldun's most important book called Muqaddimah and Foucault's late works

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    49
  • Issue: 

    4
  • Pages: 

    1109-1125
Measures: 
  • Citations: 

    0
  • Views: 

    1229
  • Downloads: 

    0
Abstract: 

With the rise of investment treaties, investor-state arbitration became the main solution to adjudicate the investment disputes and therefor diplomatic protection claims have declined in numbers. Most investment treaties also provide that each treaty party can bring a state-state arbitral claim against another treaty party concerning disputes about the interpretation or application of the treaty. Furthermore, home state of investor can bring a diplomatic protection claim for violations suffered by it's nationals against the host state. As there is an applicable investment treaty between the dispute's parties, this kind of diplomatic protection claims is subject to distinct rules and prerequisites, governed by the treaty rather than by customary international law. A peculiar focus is placed hereby on the necessity to exhaust local remedies before proceedings may be initiated and on mixed claims that entail espoused claims as well as claims for an own and direct violation of the state.

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Journal: 

LEGAL RESEARCH

Issue Info: 
  • Year: 

    2019
  • Volume: 

    22
  • Issue: 

    87
  • Pages: 

    151-178
Measures: 
  • Citations: 

    0
  • Views: 

    1763
  • Downloads: 

    0
Abstract: 

In modern treaty practice, there is a temporal gap between the conclusion of treaty negotiations and adoption of the text or signature, on the one hand, and the entry into force of treaty on the other. This is because in many States the entry into force of a treaties is subject to the completion of proceedings necessary for ratification or approval. But sometimes immediate application of a treaty upon conclusion of its negotiations may for different reasons be crucial for states. The provisional application of treaties is an effective mechanism to achieve this objective, and now has become a common practice. This mechanism is codified in Article 25 of the Vienna Convention on the Law of Treaties. But just two allotted paragraph of that article can't answer all questions regarding the provisional applications of treaties mechanism. Thus, provisional application needs more clarifications. Therefore, examination of different aspects of provisional applications of international treaties mechanism is the purpose of this article.

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2018
  • Volume: 

    48
  • Issue: 

    1
  • Pages: 

    115-131
Measures: 
  • Citations: 

    0
  • Views: 

    1364
  • Downloads: 

    0
Abstract: 

International investment law now recognises the right of foreign investors to bring a claim directly against host states. This right is often provided in multilateral or bilateral investment treaties. However, this principle is now under threat by measures known under the term of "Treaty Shopping" taken by investors to take advantage of investment treaties between host states and countries other than national states of investors.in order to benefit from these treaties, investors have devised means to acquire the nationality of states that have signed the target treaty with host states. These conducts are sometimes taken by ingenious investors as well. Host states have designed various means to confront treaty shopping. One of these solutions is drafting treaties in a manner that prevents wrongful benefit of investors without the nationality of states that have signed favourable treaties with host states, before any dispute arises and be taken to arbitration. The insertion of "Denial of Benefits Clause" in investment treaties is one of these methods. This paper studies the concept, history and evolution of this clause in light of practice in order to determine its level of efficiency in preventing treaty shopping.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    -
  • Issue: 

    60
  • Pages: 

    291-318
Measures: 
  • Citations: 

    0
  • Views: 

    363
  • Downloads: 

    0
Abstract: 

At first, it was assumed that the Margin of Appreciation Doctrine exists only in the human rights treaties and particularly in the European Convention on Human Rights, while the Margin of Appreciation Doctrine is considered as a right for States in many non-human rights treaties due to specific conditions and rules that govern some international treaties such as the existence of optional obligations or ambiguity, insertion of non-precluded measures clauses and existence of positive obligations. Therefore, in international treaties, the granting of this right to States would enable them to choose and adopt the best decision, according to the circumstances and necessities related to the public interest. Accordingly, the traditional views which believed in the conflict of the margin of appreciation doctrine with adherence to international obligations have been adjusted. There are concerns about the abuse of freedom of action, and powers granted to the States, that leads to an opposition with authorities granted under the framework of the margin of appreciation doctrine to States. Of course, these concerns were obviated somewhat with regard to the fact that, international judicial courts have relied on review standards to supervise on State powers.

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Journal: 

QURANIC DOCTRINES

Issue Info: 
  • Year: 

    2023
  • Volume: 

    20
  • Issue: 

    37
  • Pages: 

    121-151
Measures: 
  • Citations: 

    0
  • Views: 

    177
  • Downloads: 

    9
Abstract: 

One of the most frequent rules in various areas of demonstrative jurisprudence of Two Major Sects of Islam religion is a rule that is known among Shīʿa as “tolerance in the evidence of traditions” (Arabic: التسامح فی أدلّة السنن) and in Sunnī as “latitudinarianism in documents” (Arabic: التساهل فی أسانید). Believers in the general application of this rule have based it for reasons such as consensus (Arabic: إجماع), tradition famous through practice (Arabic: الشهرة العملیّة), and rational judgement (intellectual judgement) and a group of aḥādīth (Arabic: أحادیث, plural form for ḥadīth, literally “talk” or “discourse”) called “Akhbar-e- Man Balagh” (Arabic: أخبار من بلغ). The understanding of the aforementioned narrations and the extent of application of this rule has caused a conflict of opinions among scholars. The narrations containing the excellences of suras of the Holy Book of Quran is one of the fields of application of the rule of tolerance. The present research has explained the types of exposure to this group of narrations based on the rule of tolerance by using descriptive-exploratory method and using library sources and seeks to find a suitable approach about narrations of the excellences of suras (chapters) of the Holy Book of Quran. The interaction with these narrations is organized based on a special reading of the rule of tolerance in the selected approach, which is based on a rational interpretation of the contents of Man-Balagh (Arabic: من بلغ)’s narrations and is compatible with the indications of some verses and traditions. The use of weak narrations containing the excellences of suras (chapters) will be permissible based on this approach considering three conditions and without any certainty of attributing these narrations to Sharʿ (Islamic rules).

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Author(s): 

Qasemi Firouzabadi Narges | Rahimi Sayyidah Vahideh | Rahman Setayesh Muhammad Kazem

Journal: 

QURANIC DOCTRINES

Issue Info: 
  • Year: 

    2023
  • Volume: 

    20
  • Issue: 

    37
  • Pages: 

    239-268
Measures: 
  • Citations: 

    0
  • Views: 

    201
  • Downloads: 

    17
Abstract: 

How to profoundly change the beliefs of the polytheists during the age of revelation from the denial of the Prophet (pbuh) to the certainty of his Message and the acceptance of his full guardianship is a question worthy of attention. The order of verses about prophecy based on the order of revelation is the reason to lead a transformative process and a special Quranic method in institutionalizing the belief of prophecy in the lives of Arabs. In the first stage, the Holy Quran in the first Makkī (Arabic: المکّیّ, suras revealed in Mecca) chapters has prepared the community from the motivational side to accept the truth of the Prophet’s (pbuh) prophecy and briefly stating the key issues surrounding it. The Holy Book of Quran at the time of the emergence of oppositions and doubts (the second stage) destroyed the arguments of the polytheists and explained the prophecy and proved its authenticity from a cognitive perspective in the second stage by presenting clear arguments. and the Holy Book of Quran in the third stage after Madanī (Arabic: المدنیّ, suras revealed in Medina) period has undertaken measures in order to fulfill the goals of the Massage by explaining the true position of the Prophet (pbuh) to deepen and operationalize the Prophetic belief through explaining practical duties for the Prophet (pbuh) and behavior based on the acceptance of Walaya (Arabic: ولایة, meaning “guardianship” or “governance”).

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Author(s): 

Adib Yousef Adib" target="_blank">Yousef Adib Yousef Adib | Ayati Mohsen | Akbari Mohammad | Adib Yousef

Issue Info: 
  • Year: 

    2023
  • Volume: 

    2
  • Issue: 

    71
  • Pages: 

    51-72
Measures: 
  • Citations: 

    0
  • Views: 

    121
  • Downloads: 

    0
Abstract: 

The current research was conducted with the aim of identifying the employment competencies of educational graduates from the perspective of view of employers. This research was applied in terms of purpose and was among the qualitative researches of Grounded Theory type. The participants of this research included 24 employers in the field of educational (interviewers for the Education recruitment exam, directors of non-state educational institutes, directors and recruitment officers of non-state schools, directors of kindergartens and preschools) in Birjand city. Data were collected using semi-structured interview and analyzed by Strauss and Corbin method and using MAXQDA-2020 software. In order to validate the research, two methods of member control and peer review or feedback were used. Consecutive review and comparison of data resulted in the extraction of 28 categories and 6 themes. Data analysis led to the formation of a sub-theory. The model shows that the focal variable is the process of education and teaching skills. The focal variable, under the influence of contextual and intermediate conditions, leads to the formation of the strategies of "being a lifelong learner", "research skills", "planning skills", "classroom skills and classroom management", "purposefulness" and "problem solving skills". became Finally, "increasing employability" was the consequence of this process.

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