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Issue Info: 
  • Year: 

    2024
  • Volume: 

    41
  • Issue: 

    76
  • Pages: 

    9-34
Measures: 
  • Citations: 

    0
  • Views: 

    27
  • Downloads: 

    0
Abstract: 

Extended Abstract1. Introduction As the third millennium begins, humanity grapples with a complex web of problems such as poverty, unemployment, increasing inequality within and between States, increasing weapons, war and militarism, terrorism and fundamentalism, financial and environmental crises, refuge and immigration, violation of human rights and democracy, discrimination along lines such as sex/gender, ethnicity, and race, widespread violence, etc. What is important is to understand the relationship of these problems with each other and with the Order based on domination, injustice, and systematic inequality ruling the world. All of the above issues can be seen as the result of the Order based on the relations of domination and power at various levels, which, in the final analysis, create limitations in the realization of the autonomy of individuals. In the contemporary globalized and interconnected world, these issues, some of which were controllable by States, transcend the capabilities of individual ones, demanding global solutions outside the State-centric Order in the form of a global Legal Order that can effectively bind States and Non-State Actors in the International sphere to guarantee the autonomy of individuals. In avoiding idealism in this field, which leads to proposals such as the creation of a centralized global government, International law is an available option to do the aforementioned function; However, the realization of this matter, considering the limited success of International law in this regard, requires overcoming the obstacles to the effective functioning of International law in carrying out this mission. This article considers the reason for the necessity of Democratization of the International Legal Order as its central question in addressing these issues and facilitating a transition from the current state of affairs, and to improve the feasibility and effectiveness of this solution, conceptualizes it as a gradual, dynamic and multidimensional process centeredon the United Nations system, which relying on the Democratic Defects of the existing Order, makes changes at different levels to guarantee autonomy of individuals. By overcoming the shortcomings of International law, the mentioned process can help strengthen it to act as a global law capable of establishing the rule of law at the global level.2. Research Gap and Objective It is impossible to solve, control, and contain the above issues except through a set of regulations and norms with a global scope. However, the success of International law in realizing this goal has been scant. The limited success of International law in this regard can be attributed to two factors: First, the nature and characteristics of International society, and second, the structural weaknesses and deficiencies within International law, as well as its lack of objectivity and neutrality, which raises International law as part of the problem. Nevertheless, acknowledging the role of politics in International law, its lack of objectivity and neutrality, and its close ties to politics does not negate the potential of International law as a solution. International law possesses a distinct identity and playes a crucial guiding role in maintaining global Order. Therefore, while International law is part of the problem, it is also part of the solution to overcome the existing situation and manage the current issues. To effectively serve as part of the solution, International law must undergo a process of Democratization.3. MethodologyThe present text adopts a critical approach and emphasizes the connection between law and politics, and the need for Legal analysis within its social context on the one hand, and emphasizes the structure, logic, and internal dynamics of the law on the other. An interdisciplinary methodology is employed within the text, and the analytical tools of social sciences are used to study, critique, and reconstruct International law. Moreover, by emphasizingthe normative nature of International law, the authors have utilized its research methods such as analytical and descriptive means in the related areas.4. Key FindingsThe article argues that addressing the above challenges which often restrict autonomy of individuals, necessitates the reform and Democratization of the current International Legal Order and emphasizes that democratizing the International Legal Order, with a focus on autonomy can, inter alia, overcome the cross structures of rejection and domination, as well as the tension between objectivism and subjectivism, and help to increase legitimacy and compliance with International law, and as a result, strengthen the rule of International law.5. Contribution to the FieldStudies addressing the need for Democratization of the International Legal Order, have primarily progressed in two directions within political theory and International law. In political theory, the focus lies mainly on the core Democratic values challenged by globalization within the traditional political societies' framework. As a result, International law's reform and Democratizationare suggested as a pragmatic solution to overcome these challenges. On the International Legal-studies side, democracy is usually assumed as the preferred form of governance and concentrate on a set of Democratic institutional requirements. Thus, the need for International law Democratizationemerges as a consequence of deficiencies within these mechanisms. In an effort to respond to this question, this article starts from the concept of autonomy as a non-instrumental and central value of democracy, and by avoiding a formal or procedural approach to the Democratization of the International Legal Order, considers its necessity due to the challenges of realizing autonomy in the State-oriented perception of it in the present era.Additionally, by analyzing the issue from the International law perspective, it demonstrates how this process can help overcome the limitations and barriers hindering International law's effectiveness as a key factor in shaping the global Order.6. ConclusionIn the current globalized community, overcoming the forces and structures that threaten the autonomy of individuals can no longer be guaranteed within the framework of traditional political communities. Protecting autonomy requires the expansion of democracy on a global scale, enabling citizens to participate in all decisions affecting their lives. Establishing a global democracy does not necessitate a centralized global government; changes can be implemented at various levels to uphold Democratic values and guarantee individual autonomy. Given the undesirability and impossibility of a global government, or a less centralized model, and contemporary political and social realities, International law emerges as the most viable option for creating a global Democratic Order. This requires the Democratization of the International Legal Order around the United Nations system under a gradual and multidimensional process; In such a way that relying on the Democratic Defects of the existing Order, it applies changes at its different levels to manifest Democratic values and guarantee autonomy of the people. Democratizing the International Legal Order presents an opportunity for International law to transcend its inherent structural limitations. By embracing diverse subjectivities, the aforementioned process can help International law to act as a space in which an intersubjective consensus can be provided to achieve objectivity. Also, the Democratization of the International Legal Order to ensure the autonomy of citizens is a pragmatic solution to simultaneously overcome the multiple and intersecting structures of domination and inequality to avoid focusing on a specific feature of it. Strengthening the objectivity and overcoming the existing inequalities from the above channels will ultimately lead to an increase in the objectivity and universality of International law, and as a result, increase the legitimacy and compliance with the rules of International law, and strengthen its position to act as an effective global or transnational law.

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Author(s): 

Issue Info: 
  • Year: 

    1393
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    468
  • Downloads: 

    0
Keywords: 
Abstract: 

لطفا برای مشاهده متن کامل این مقاله اینجا را کلیک کنید.

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

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    13
  • Issue: 

    36
  • Pages: 

    353-374
Measures: 
  • Citations: 

    0
  • Views: 

    24
  • Downloads: 

    0
Abstract: 

The Rohingya people are the native inhabitants of Arakan (Rakhine) land in Myanmar, who have faced a series of crimes by the Myanmar army and government. Based on the norms and regulations of International and customary International law and the principles of International criminal law and considering the incidents that occurred against the religious minority group of Rohingya Muslims, the continuous violation of human rights and the occurrence of the crime of genocide by the Myanmar government are a matter of fact. There are numerous examples of deliberate actions, which prove the governmental steps to eliminate the Rohingya group, and deliberate measures, which cause the International responsibility of the Myanmar government. Iran has raised three specific positions regarding the Rohingya Muslim crisis.The major question of the research is to evaluate the occurrence or non-occurrence of violations of International criminal law, the crimes of genocide, and crimes against humanity by the Myanmar army and government against the Muslim minority in Rakhine state.The hypothesis emphasizes the definite occurrence of violations of humanitarian law and International criminal law, especially committing crimes of genocide and crimes against humanity. The purpose of the research is to examine one of the important cases of violation of Muslim rights in today's world, which has not been noticed by International Legal societies. It tries to discuss briefly the Iranian positions on the Issue. The analytical-descriptive research method is based on official docs and undeniable facts, especially the documents issued by the International Criminal Court.

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

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    21
  • Pages: 

    247-266
Measures: 
  • Citations: 

    0
  • Views: 

    39
  • Downloads: 

    61
Abstract: 

The study explains why integrating or incorporating International law directly into domestic Legal systems is considered a useful Democratic Legal strategy to make International law more effective. It also describes how to incorporate International law into national Legal systems. In other words, the aim is to examine how authoritarian regimes have destroyed or weakly implemented these integrated International laws. Incorporated International law is a Democratic strategy designed to increase respect for International law. This theory is a long-term game strategy designed under the rules of International law that can eventually outlast periods of authoritarian rule. However, the longer authoritarian leaders are in office, the more time they have to change deeply held concepts of International law. This research argues how authoritarian governments follow the integrated strategy of International law and use it instrumentally in their interests? And sometimes they use this strategy to block policies that reflect their particular understanding of International law.

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Author(s): 

HASHEMI M.

Journal: 

DIDGAH

Issue Info: 
  • Year: 

    2014
  • Volume: 

    -
  • Issue: 

    -
  • Pages: 

    91-116
Measures: 
  • Citations: 

    0
  • Views: 

    1850
  • Downloads: 

    0
Keywords: 
Abstract: 

One of the challenges faced by the shipping industry is stowaway. Stowaway is a person who is secreted on a ship (often during the loading and unloading operation which may take several days) without the consent of the ship-owner or the master or any other responsible person to immigrate to another country. The presence of stowaways on board the ships may bring serious economic or Legal consequences for ships and, by extension, to the shipping industry as a whole. This paper explains the marine stowaway and its Legal aspects include the liability of concerned people against stowaways. Finally, while providing on overall analysis of the imbalance of the responsibilities of concerned people in relation to stowaway, this paper explains that ilLegal entry of stowaways into the ships do not ignore their basic rights.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    42
  • Issue: 

    77
  • Pages: 

    189-206
Measures: 
  • Citations: 

    0
  • Views: 

    11
  • Downloads: 

    0
Abstract: 

Harirud river with an International nature is shared between Afghanistan, Iran and Turkmenistan and currently there is no treaty among these states regarding the division of its water resources. In recent years, after the construction of the Doosti Dam by Iran and Turkmenistan, Afghanistan, as an upstream state is moving towards hydro-hegemonic policy in the region by building various dams which restrain and divert the water flow of this river in Order to decrease the downstream countries’ water rights. On the other hand, due to the high importance of Harirud water resources for Iran, continuing this type of behavior by Afghanistan might cause conflicts and create security risks among these countries in the near future. Therefore, employing a descriptive-analytical approach, the study aims at examining the issue according to International Legal documents in the field of sharing common water resources. Finally, the findings indicate that the best and most practical method for exploitation of Harirud water resources is based on the theory of limited territorial sovereignty and implementation of the principle of equitable and reasonable utilization of common water resources by Afghanistan, without causing significant harm to downstream states.

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

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Author(s): 

Issue Info: 
  • Year: 

    2021
  • Volume: 

    68
  • Issue: 

    1
  • Pages: 

    35-59
Measures: 
  • Citations: 

    1
  • Views: 

    112
  • Downloads: 

    0
Keywords: 
Abstract: 

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

View 112

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    51
  • Issue: 

    2
  • Pages: 

    661-673
Measures: 
  • Citations: 

    0
  • Views: 

    171
  • Downloads: 

    0
Abstract: 

Legal certainty is one of the important disciplines in a Legal system. Although, the issue of Legal certainty is supposed to be a society-specific issue, however, it is challenging and doubtful concept in International law. However, largely, challenges and criticisms in International law due to the existence of Legal certainty are remarkable, this does not imply ignoring the Legal certainty within the structural dimension of the system. The principal assumption of this article is assuming the International community and to prove the relative "Legal certainty " inspired by it in substantive and structural dimensions. In this paper, we try to seek and explain the appropriate terms of Legal certainty and then understanding it in International Legal system, nature of subordinate and structures and International community as an important issue. In conclusion, it has been shown that UN Charter, Four Geneva Convention and Human rights instrument are indications of existence of Legal certainty.

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Author(s): 

KHOSRAVI VAHID

Issue Info: 
  • Year: 

    2018
  • Volume: 

    2
  • Issue: 

    7
  • Pages: 

    227-249
Measures: 
  • Citations: 

    0
  • Views: 

    2451
  • Downloads: 

    0
Abstract: 

With the development of International trade and the globalization of the economy, arbitration has grown rapidly as a way to resolve International trade disputes, so today it is a common practice to resolve International disputes. There are fewer cases of unpredictable arbitration in an investment engagement contract, technology transfer, large factory building, cross-selling, industrial and commercial cooperation, and so on. An arbitration is a private-law process approved by the law, whereby one or more independent individuals hear a lawsuit and decide on a dispute. Referring a dispute to arbitration, unlike the court, requires an agreement between the parties that may take place before or after the dispute.

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Author(s): 

GHADIR MOHSEN | KARAMI MOUSA

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2021
  • Volume: 

    1
  • Issue: 

    8
  • Pages: 

    189-214
Measures: 
  • Citations: 

    0
  • Views: 

    97
  • Downloads: 

    0
Abstract: 

International Criminal Law (ICL), in Order to meet the multidimensional requirements of International community, plays different roles and has contributed to the consolidation and improvement of International Legal Order. This article, which is conducted through a descriptive-analytic method and by means of a library-based approach in collecting data, aims at reviewing the most significant roles and achievements of ICL in International Legal Order. Doing so, as the first role, it deals with adding and fixing the notion of International criminal justice to International Legal Order through the establishment of International criminal tribunals and specifically International Criminal Court (ICC) and the institution of individual criminal responsibility. Thereafter, systemizing and reinforcing the rules of International Legal Order through codification and progressive development of International law and revitalization of general principles of law as the fundamental but forgotten source of International law that implies the domination of natural rights school’, s view regarding the sources of law is taken into account as the second role of ICL. Afterwards, the interesting subject of preservation of fundamental values and interests of International community as the mandate and raison d’, ê, tre of ICL would be discussed. It appears that ICL is both a sign of evolutionary development and a factor in dynamism and sustainability of International law. Furthermore, it seems that emergence and development of ICL should be regarded as a sign in the gradual formation and relative consistency of International community and transition from International society

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