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Issue Info: 
  • Year: 

    2024
  • Volume: 

    3
  • Issue: 

    2
  • Pages: 

    2-21
Measures: 
  • Citations: 

    0
  • Views: 

    34
  • Downloads: 

    0
Abstract: 

Abstract: The conclusion of the so-called "Capitulation" agreements with France, Russia, and the United States in three contemporary kingdoms, namely Safavid, Qajar, and Pahlavi, respectively, is one of the most significant events in our country's contemporary history. The first of these three contracts, the second Capitulation during the Qajar era, was practically enforceable in our country. The majority of books on this topic focus on the story of its cancellation during the first Pahlavi period, with only a few references to the actual facts. This research employs a descriptive-analytical approach, aiming to scrutinize the cancellation of this contract through the examination of documents, books, articles, and other online and library resources. Finally, through the use and analysis of the sources, we have demonstrated that, firstly, Reza Khan's era did not influence its cancellation, and secondly, British colonialism incorporated this cancellation into the political structures to establish Reza Khan's power.

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

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Author(s): 

SABERI SHEIDA

Issue Info: 
  • Year: 

    2018
  • Volume: 

    1
  • Issue: 

    2 (2)
  • Pages: 

    155-180
Measures: 
  • Citations: 

    0
  • Views: 

    3412
  • Downloads: 

    0
Abstract: 

Capitulation (relinquishing jurisdiction within a state’s borders over the subjects of a foreign state) means immunity of foreigners from prosecution according to the law of the host country. The imposition of this legal regime is an indication of the surrender of the weak state to the foreign powers. After the second round of Iran-Russia wars, the conclusion of the Treaty of Turkmenchay paved the ground for formation of a particular definition of Capitulation in Qajar-era practical politics in Iran. The implementation of this legal regime caused various adverse political, social and cultural consequences for the country. The significance of Capitulation in Iranian political structure lies in breach of the country’s national sovereignty. Two preconditions were required for a foreign national residing in Iran to enjoy this immunity in the host country: 1- Law and sanctions; 2- The existence of a power based on which the national rights would be accepted by the beneficiary states. With respect to the impact of Capitulation on understanding of the foreign nationals of the judiciary structure, sovereignty and political power of the host country, the statesmen provided a clear-cut definition of national sovereignty and embarked on determination of the limits of codified laws to defend the law against abuse by foreign nationals, who were believed to undermine the authority of the sovereign state and ignore national independence. To that end, and to understand about political understandings of Capitulation, this paper has paid attention to the reactions by three political personalities in different situations to Capitulation: Amir Kabir the chancellor of Naseraddin Shah of Qajar Dynasty, Mosadeq prime minister during the period marked for nationalization of Iranian oil industry, and Imam Khomeini an outstanding opponent to and critic of granting the right of Capitulation as a government bill in the course of Shah' s so-called The White Revolution. This paper has been developed based on a comparative study in such a way that ideas and perspectives of the three personalities namely Amir Kabir, Mosadeq and Imam Khomeini as well as their understanding of Capitulation have been analyzed. This paper poses a central question: In view of the three personalities, how do Capitulation and breach of the national sovereignty affect Iran's political position and its foreign relations with other countries?

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

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    8
  • Issue: 

    1
  • Pages: 

    1-14
Measures: 
  • Citations: 

    0
  • Views: 

    566
  • Downloads: 

    0
Abstract: 

The domination of Ottomans on Algeria was resulted by Spanish invasions to the shores of this land during the 16th century. So the Algeria emirate appealed to famous Barbarossa brothers. Supported by the Ottoman Sultan, Hayreddin Barbarossa conquered Algiers in 1529 and changed it to a military base and dominated the eastern Mediterranean areas powerfully. They ensured the development of Ottoman rule over Algeria using many trophies earned through piracy. But in 17th century when Ottoman Empire granted Capitulation grants to Europeans, the huge revenues of European merchant ships stopped due to the Capitulation treaty and Algeria's main source of income was in problem. The result of this income reduction was the deficiency of army's wage from one hand that led to rebellion of troops, and a more pressure on people for a rising in taxes on the other hand that led to rebellion of local tribes. This process, along with other factors, led to continued weakness of Algeria, and Algeria was ultimately occupied in 1830. Thus the terms of Capitulation became one of the main causes of decline and dependence of Algeria. Realization of this factor, as one of the causes of decline of Algeria is what is going to be analyzed in present research.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    24
  • Issue: 

    84
  • Pages: 

    1-22
Measures: 
  • Citations: 

    0
  • Views: 

    473
  • Downloads: 

    0
Abstract: 

Nowadays there are many aliens’ populations living in other countries. Forced Migration and Study of Religious Sciences are two main reasons introducing Iran as a host country. This paper Intends to clarify some questions about enforcement of Iranian civil code which determines the applicable law on the personal status of foreigners. There are some disagreements about the law governing personal status and situation of foreigners and it is because of some ambiguities in the Civil Code. There are two main interpretations about the Civil Code: the first view claims that the law of Iran must principally apply to Personal status of foreigners unless there is a treaty between Iran and the foreigner’ s national state which resolve the problem; but the second view defends applying law of the foreigner’ s national state and believes that absence of a treaty has no effect. According to the historical events and legal facts with an analytical view, this paper proves that the second interpretation is more efficient and rational.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    56 (NEW VOL 12)
  • Issue: 

    1 (45)
  • Pages: 

    77-94
Measures: 
  • Citations: 

    0
  • Views: 

    167
  • Downloads: 

    124
Abstract: 

The acquaintance of Iranians with the political and judicial systems of Europe (in the 13th century AH / 19 AD) and witnessing the status of the law with their efforts in the constitutional era was fruitful. But the challenge between sharia and custom and the cumbersome rules of Capitulation led to the emergence of the idea of judicial reform through a new issue called the dissolution of the beginning and the pursuit of the press and its writing. Assuming the reliance on this article, the majority of them opposed the judiciary by taking common positions. And by expanding public awareness, they made it possible to achieve a new judiciary. The findings of this study, based on the content analysis method, showed that Davar, with the support of Reza Shah, the parliament, and the press, was pursuing two main goals: removing clerics from the judiciary, and renovating of judiciary based on Western civilization. He succeeded in renovating the administrative organization, registering documents and real estate, and drafting civil law. But he was incapable of harmonizing with Islamic jurisprudence. The press was selected for gaining legitimacy, reflection of judicial dissolution, alignment with Reza Shah's projects, and support for Davar, in the context of events and theorizing of judicial modernization and the inadequacy of the limited main resources of this period.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    7
  • Issue: 

    26
  • Pages: 

    109-134
Measures: 
  • Citations: 

    0
  • Views: 

    2649
  • Downloads: 

    0
Abstract: 

Provision of Societal security in human societies by governments is specifically one of the requirements of most of them. The second Pahlavi government, after the exile of Reza Shah and the beginning of a new era of government, sought to pay special attention to the issue of Societal security. The purpose of this study is to describe and analyze Societal security in the second Pahlavi era, which is done in a qualitative method of historical and analytical type and by studying library sources it tries to describe and analyze this question that: according to the social, economic and cultural policies, how was the Societal security like in the society of that time? The findings of the study indicate that in this period more than in the era of Reza Shah, following the westernization and obedience to foreign governments especially satisfying the demands of the US and British governments such as the approval of the Capitulation bill to grant political and consular immunity to Americans in Iran and land reform, the result was nothing except migration to cities, unemployment, poverty and increased marginalization. Other erroneous functions such as: gross Westernization, unreasonable and un-Islamic freedom among women, anti-religion and destruction of religious and cultural identity, prevalence and use of drugs, lack of independent national security doctrine in accordance with Islamic and social characteristics of the time and inability to meet security needs, including Societal security, the crisis of legitimacy, the feeling of insecurity and political pessimism in the people, were signs of weakness in providing Societal security in the second Pahlavi government.

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Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2020
  • Volume: 

    26
  • Issue: 

    100
  • Pages: 

    177-213
Measures: 
  • Citations: 

    0
  • Views: 

    674
  • Downloads: 

    0
Abstract: 

The sanctions which have been imposed against Iran by foreign countries and some international bodies have been oconsidered as one of the most important economic challenges facing our country in recent years. The sanction consists of a set of planned measures which have been taken by one or more governments in order to curtail economic relations of the target state as well as exert pressure on it for different economic and political reasons. The accompaniment of other major economic and political acors with the boycotting state will play an effective role in achieving its objectives. This coordination aggrevates the complexities of actors’ relations in the international sanctions environment. Therefore, the method of agent-based approach and game theory are used to analyze the problem of sanctions as well as predict the possible equilibrium in these relations. Due to the networking and breadth of the issue of sanctions as well as looking for the optimal solution to widespread interactions arising from competition, coordination and negotiation, an agent-based approach is used in this paper. Presenting a multidisciplinary approach including game theory, agent-based systems, artificial intelligence and mechanism design in order to analyze the complicated problems of the US sanctions against Iran as well as providing results of the simulation of actors’ behaviors, the paper attempts to introduce a new approach to modeling of political-economic phenomana. To this end, actors as well as their effective features on the sanctions game, scope of the game strategies have been identified as well as the simulation of actors’ behaviors have been conducted within the (above) mentioned framework. Results of the simulation of the actors’ behaviors on the proposed spectrum which includes two extremes of Capitulation and confrontation shows that dominant strategy in the current situation is only emphasizing on the maintenance of the current nuclear deal/agreement formally known as JCPOA (Joint Comprehensive Plan of Action) as well as effective actors’ on the sanctions game against Iran should continue bargaining in a Cartesian Coordinate System not confrontation and Capitulation. Finally, this game will be stablized after eight rounds of JCPOA negotiation are held. Over the periods, the orientation of US and its alignments in the Middle East region are shifted towards accepting (position of) other actors to continue Nuclear Deal (JCPOA) negotiation. But the limited orientation of some of the domestic agents might be considered as a credible threat in US– Iran standoff.

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Author(s): 

Mosavi Seyyed Naqi

Issue Info: 
  • Year: 

    2023
  • Volume: 

    18
  • Issue: 

    44
  • Pages: 

    7-26
Measures: 
  • Citations: 

    0
  • Views: 

    25
  • Downloads: 

    0
Abstract: 

In the sphere of politics and in political studies, discussing the enemy and enmity and negating and proving them leads to lengthy discussions. Some views speak of purifying the enemy and try to theorize Capitulation and negate resistance, trying not to introduce the enemy and his enmity in the curriculum in political education. The present study, from the perspective of the philosophy of the curriculum and based on the inferential research method, seeks to answer the following questions: ‘What is the ruling on knowing the enemy in education and how desirable is including this knowledge in the curriculum from the perspective of educational jurisprudence? ’ For this purpose, eight arguments from the Qur’an and hadiths were presented and examined in an inferential way. The findings showed that knowing the enemy in education is obligatory in terms of prevention, enjoining what is good, inviting, and also in terms of the duties of the Islamic government as well as the equipment of forces and readiness for jihad and defense and incitement to it.

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

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Journal: 

MOSKUYA

Issue Info: 
  • Year: 

    2009
  • Volume: 

    3
  • Issue: 

    10
  • Pages: 

    59-80
Measures: 
  • Citations: 

    0
  • Views: 

    2299
  • Downloads: 

    0
Abstract: 

Mirza Aghakhan E'temadodoleh Nouri is one of the negative characters in collective memory of Iran nation. He is known as responsible for peace treaty of Iran, Paris and Britannia and known as traitor that presented one of the most historical sites of Iran known as Harat to Britannia. Life and character of Mirza Aghakhan Sadr-e-A'zam Nouri   had many changes of perspective and judgments because he appointed chancellor after Amirkabir and because of his involvement in fall of Amirkabir. Iran in time of his power involved in foreign conspiracies of two colonial countries that were Russia and Britannia. Russia and Britannia started their colonial policy in Iran in Ghajar era and therefore Iran entered their grand game especially Britannia's. The fact that remains hidden from researches and historians is that Iran's diplomacy was impotent or corrupted, however geopolitical view of these two countries were ignored and Capitulation rights of Britannia and Russia that they abused. In Mirza Aghakhan Nouri councillorship era, he for creating a balance against Russia and Britannia, he tried to make relations with American and European countries; actually it was from this era that foreign countries had entered Iran. In this paper relations between Iran and Russia and Iran's role in Crimean War surveyed.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    4
  • Issue: 

    1
  • Pages: 

    269-290
Measures: 
  • Citations: 

    0
  • Views: 

    60
  • Downloads: 

    12
Abstract: 

Throughout history, divine prophets have contributed to the progress of human societies in the world by establishing a just system that originates from the nature of mankind. The most lasting civilizations have been those founded by the apostles. In continuation of the movement of divine prophets, the movement of Imam Khomeini (RA) is also inspired by the divine and Quranic teachings. This prominent jurist considers clerics to be the most civilized people and Islamic countries to be the best societies that have stood against injustice and oppression. Nevertheless, the western colonialists, in order to plunder the material and spiritual capitals of the world, especially the Islamic countries, engaged in expansionism and aggression and tried to rob other nations by weakening them and subjugating them. This research tries to explain the attitude of Imam Khomeini (RA) regarding the independence and territorial integrity of Iran in the face of colonialism by examining the speech documents, declarations and statements of SAVAK as well as the bill of state and provincial associations and Capitulation. . According to the documents of 1343, it can be seen that in Imam Khomeini's (RA) view, the Shah was clearly considered the main cause of dependence on colonialism, entrapment and lack of independence of the Iranian nation.

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