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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2021
  • Volume: 

    24
  • Issue: 

    95
  • Pages: 

    11-33
Measures: 
  • Citations: 

    1
  • Views: 

    97
  • Downloads: 

    0
Abstract: 

In the light of advances in organ transplantation, travel for transplantation has been surging with the passage of time. Travel for the purpose of transplantation is a legitimate behavior that in certain circumstances or in the event of committing some unethical or illegal conduct becomes "Transplant Tourism". Transplant tourism has expanded largely due to the weakness of national laws and the global shortage of organs. This phenomenon has been the subject of numerous INTERNATIONAL INSTRUMENTS in recent decades and its prohibition, prevention, and sometimes criminalization have been stressed in this regard. On the one hand, transplant tourism is related to "trafficking in persons for organ removal" and "organ trafficking", and there is a significant overlap between such phenomena. This entails a comprehensive approach in this area. On the other hand, transplant tourism is a transnational phenomenon, and thus the participation of members of the INTERNATIONAL community is necessary to address this problem. Nevertheless, Iran, as a member of the INTERNATIONAL community, lacks a suitable approach to transplant tourism. Due to the weakness of the domestic regulations and their distance from the INTERNATIONAL community's perspective, it is essential that the legislator be involved with the issue to anticipate an appropriate approach to tackling transplant tourism. Requirements for such an approach include the definition of transplant tourism, prevention of this phenomenon, and its criminalization, while taking into account the characteristics of this phenomenon and its perpetrators.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    46
  • Issue: 

    2
  • Pages: 

    441-463
Measures: 
  • Citations: 

    0
  • Views: 

    951
  • Downloads: 

    0
Abstract: 

The Phrase “Conscience of Humanity” has been used in some INTERNATIONAL INSTRUMENTS. This phrase, with its own special meaning, is intended to fill the legal gaps in INTERNATIONAL law and has worked as a criterion for assessing the rules of the INTERNATIONAL legal system. Thereby humanitarian developments in INTERNATIONAL law, is understandable. The focus of this research is the applications of the concept of "Conscience of humanity" in INTERNATIONAL INSTRUMENTS in its semantic representation with the purpose of finding the place of the above mentioned concept within the sources of INTERNATIONAL law.

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

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    48
  • Issue: 

    1
  • Pages: 

    85-103
Measures: 
  • Citations: 

    0
  • Views: 

    1292
  • Downloads: 

    0
Abstract: 

None of the INTERNATIONAL human rights INSTRUMENTS and most domestic laws have explicitly recognized the right to death. However, in the European Court of Human Rights and even some domestic Courts, according to other rights and freedoms in these documents, individuals claim to have this right and sometimes these claims lead to the recognition of this right and the change of national law. This article seeks to answer the question of whether the right to die for people has been recognized in the precedent of European Court, with the emphasis on the European Convention on Human Rights, which is the source of the right and duty for this Court. In the meantime, to what extent do governments have the power to restrict the rights and freedoms that are in fact the foundation of the right to die?

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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2018
  • Volume: 

    21
  • Issue: 

    81
  • Pages: 

    65-87
Measures: 
  • Citations: 

    0
  • Views: 

    905
  • Downloads: 

    0
Abstract: 

With the development of INTERNATIONAL criminal law in the light of the establishment of military courts after World War II, INTERNATIONAL criminal tribunals for the former Yugoslavia and Rwanda, and subsequently the INTERNATIONAL Criminal court, various objectives were stated for the INTERNATIONAL criminal justice system that are beyond the traditional goals of punishment. In addition, a new concept of traditional goals is considered in INTERNATIONAL level. Recognition of these objectives is important because it will lead to better understanding of the system mechanisms and how they operate. It will also be clear that over the years, how INTERNATIONAL criminal tribunals have succeeded in achieving the stated objectives. Through investigating the aims of INTERNATIONAL criminal law in INSTRUMENTS and practice of INTERNATIONAL criminal tribunals, this paper has come up with the conclusion that traditional punishment goals have priority over other goals, such as recording history and post-conflict reconciliation, in the INTERNATIONAL criminal justice system, but the importance of them depends on stages of the criminal processes so that retribution and deterrence play a more significant role in sentencing as well as in the rehabilitation in the enforcement of punishment.

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Author(s): 

TAYYEBI FARD A.H.

Issue Info: 
  • Year: 

    2005
  • Volume: 

    -
  • Issue: 

    32
  • Pages: 

    259-305
Measures: 
  • Citations: 

    3
  • Views: 

    6850
  • Downloads: 

    0
Keywords: 
Abstract: 

Suppressing the terrorism financing is one of the ways to combat the phenomenon of terrorism. To this end, the countries, whether directly or through the United Nations, have paved the way to restrain the terrorism financing. According to the obligatory character, those measures could be classified in to three categories:1. resolutions passed by the Security Council, particulary resolution 1373, which as per Article 25 of the Charter of the UN should be regarded as an obligatory instrument.2. the INTERNATIONAL Convention for the suppression of the financing of Terrorism, drafted by the UN. By virtue of the resolution 1373, the members, of the UN have been called to become parties, as soon as possible, to the convention:3. FATF Special Recommendations on Terrorist Financing and the relevant recommendation from FATF Forty Recommendations. Though it seems these recommendations do not have the strength of the Convention and do not have the support of the resolution 1373, but in practice, they are very important. The above - mentioned INSTRUMENTS have been so drafted that they are interwoven to and in some cases, they complete each other and somehow repetitive. So that, as per Article 25 of the Charter, the resolution 1373 of the Security Council should be observed by the member states; on the other hand, the resolution requires that the member states to become parties to the convention. In order to implement the Convention, it would be required to pass a law on combating the terrorism financing, according to the standards prescribed in the Convention. Moreover, to preserve the correspondence banking, there would be no choice but to implement the FATF Recommendation.  

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Author(s): 

Ghavami Pour Sereshkeh Mohadeseh | Mahmoudi Amirreza

Issue Info: 
  • Year: 

    2024
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    288-314
Measures: 
  • Citations: 

    0
  • Views: 

    24
  • Downloads: 

    0
Abstract: 

With the proliferation of cryptocurrencies, new opportunities have emerged for committing financial crimes, including money laundering, terrorist financing, and other illegal activities. The unique features of these currencies—such as anonymity, decentralization, and transnationality—have posed significant challenges to traditional legal and regulatory systems. This article provides a comprehensive review of legal frameworks and INTERNATIONAL efforts to address these crimes, emphasizing the pivotal role of INTERNATIONAL documents such as the United Nations Convention against Transnational Organized Crime (Merida Convention), Financial Action Task Force (FATF) standards, and Group of 20 (G20) recommendations in regulating and mitigating the risks associated with digital currencies.The present research employs a descriptive-analytical method to evaluate these frameworks and demonstrates that the Merida Convention, by establishing legal foundations to combat organized crimes and criminalizing money laundering, alongside the FATF, by developing specific standards and guidelines for preventing money laundering and terrorist financing, and the G20, by promoting regulatory recommendations and risk management related to digital currencies, have collectively contributed to fostering INTERNATIONAL coordination and cooperation in combating these crimes.The findings of this research indicate that, in order to effectively address emerging crimes related to digital currencies, it is essential to utilize existing frameworks while also fostering transnational cooperation and continuously updating laws and regulations. This article underscores the necessity of developing regulatory and legal frameworks at the global level, strengthening INTERNATIONAL cooperation, and enhancing supervisory capabilities through the application of new technologies such as artificial intelligence and data analysis to combat digital currency crimes.

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

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    14
  • Issue: 

    1 (109)
  • Pages: 

    91-112
Measures: 
  • Citations: 

    0
  • Views: 

    1027
  • Downloads: 

    0
Abstract: 

According to population forecasts, Iran will face a large stratum of the elderly population over the next three decades. Therefore, the readiness to deal with the problems caused by this issue requires careful consideration. In this regard, new concerns are emerging as "Elder Law" in which different aspects of the life of elderly people are monitored and studied from a legal perspective. Due to the growing number of working elderly people, the issue of “Elder Labor Law” is one of the most important parts of “Elder Law”. In this article, the latest developments and ideas regarding labor law and retirement for a society, facing an aging population, is evaluated and finally, some implementing solutions to applying them are presented. Some of the most important issues and suggestions in this article are the flexibility of working hours and conditions, to promote and support old-age jobs, to diversify the elderly income sources, to pay special attention to age discrimination and to replace age of relative disability instead of retirement age. Also, this article presents a comparative study of the situation of aging labor rights in Iranian legal system and proposes solutions to promote it.

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Writer: 

Rezaei Mahvash

Conference: 

Issue Info: 
  • Year: 

    2025
  • Volume: 

    11
Measures: 
  • Views: 

    18
  • Downloads: 

    8
Abstract: 

The core issue addressed in this article is the lack of effective and structural protection for women throughout the process of forced migration-from displacement to asylum-within the framework of INTERNATIONAL legal INSTRUMENTS. The aim of the study is to critically analyze the position of women in the INTERNATIONAL refugee law system and to identify conceptual, interpretative, and operational gaps in existing legal frameworks. The research employed a descriptive–analytical method based on library research, legal documents, and the practices of INTERNATIONAL institutions such as the United Nations High Commissioner for Refugees (UNHCR). The findings reveal that core conventions such as the 1951 Refugee Convention and the 1967 Protocol fail to explicitly recognize gender as an independent ground for asylum. Moreover, the absence of a comprehensive definition of womanhood has resulted in the legal exclusion of vulnerable groups such as child mothers and intersex individuals. Many binding INSTRUMENTS also lack clear distinctions between displacement, asylum-seeking, and refugee status, thereby weakening protection mechanisms. The results indicate that revisiting foundational legal concepts and strengthening interpretive INSTRUMENTS with a gender-sensitive approach are essential steps toward achieving gender justice in the INTERNATIONAL refugee protection system. Accordingly, the article emphasizes the need to reform both national and INTERNATIONAL procedures to ensure the human dignity of refugee women as a key human rights priority.

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

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Author(s): 

JABARI MANSOR

Issue Info: 
  • Year: 

    2009
  • Volume: 

    11
  • Issue: 

    26
  • Pages: 

    43-62
Measures: 
  • Citations: 

    0
  • Views: 

    4110
  • Downloads: 

    0
Abstract: 

The INTERNATIONAL air transportation of passenger, baggage and cargo is a rich source of potential conflict of laws, and conflict of jurisdictions.The need for unification of law with respect to the important components of contract of INTERNATIONAL carriage by air became visible during the very infancy of INTERNATIONAL air transport.From 1929 to 1999, eight INSTRUMENTS, namely, the Warsaw Convention of 1929, The Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala Protocol of 1971, and Additional Protocols no.1 to no.4 of 1975 and the Montreal Convention of 1999 have been adopted. During ensuing decades, efforts to update this legal regime have led to fragmentation. It is difficult to determine which one of these INSTRUMENTS applies in each case. This article introduces these INSTRUMENTS and attempts to show that air law has been developed and the Montreal Convention is an experience of 70 years of world’s airlaw practice.

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: 

    6
  • Issue: 

    73
  • Pages: 

    19-38
Measures: 
  • Citations: 

    0
  • Views: 

    91
  • Downloads: 

    0
Abstract: 

The environment is one of the most important issues today, which is at the forefront of INTERNATIONAL affairs, given the catastrophes we are witnessing today. These catastrophes are caused by the damage done to the environment by individuals or governments; the damages that must be compensated by them, that is, they have civil liability. Environmental civil liability is defined in both INTERNATIONAL and Iranian law, but there may be different definitions for determining the type of civil liability. Now the question is, in case of damage to the environment, what is the resulting civil liability in Iranian law and INTERNATIONAL documents? Therefore, in this article, we will study the nature of civil liability in Iranian law and INTERNATIONAL documents analytically-descriptively and with a library method, and we will examine how to compensate them and their strengths and weaknesses. Research shows that absolute liability in this situation is the best type of civil liability that can be applied to environmental damage, and that is why this type of liability has been adopted in INTERNATIONAL documents, but in Iranian law, civil liability is based. It is the fault that it also applies to environmental damage, which is not commensurate with the nature of the environment.

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

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