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Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    25
  • Pages: 

    192-220
Measures: 
  • Citations: 

    0
  • Views: 

    25
  • Downloads: 

    0
Abstract: 

This research article examines legal discrimination against children born out of wedlock in Iran. Despite LAWs promoting equality, societal attitudes influenced by beliefs continue to result in discrimination. The study explores the reconciliation of religious beliefs with legal frameworks and the changes made to the Iranian legal system in response to positive human rights developments. The Article seeks to bridge the research gaps by comparing the experiences of Iranian children with those in other countries affected by Islamic LAW. The study employs library SOURCES and descriptive and historical research methods to examine the legal status of children born outside of marriage, both nationally and INTERNATIONALly, and the discrimination they face. The Article is structured into four distinct sections: an analysis of Islamic LAW, a review of the Iranian legal system, an assessment of Iran's compliance with INTERNATIONAL conventions, and a discourse on the necessity of substantial positive change. The Article ultimately recommends the eradication of discrimination through heightened awareness and the advancement of inclusivity for all children, irrespective of their lineage. In summary, this research Article aims to shed light on legal challenges faced by children born outside of marriage in Iran, with the goal of promoting positive changes in their treatment.

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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.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    15
  • Issue: 

    2
  • Pages: 

    57-73
Measures: 
  • Citations: 

    0
  • Views: 

    19
  • Downloads: 

    0
Abstract: 

The Kerman region stands out as one of the most significant mining areas globally, owing to its extensive and abundant mineral reSOURCES. Bam County, situated in the southeastern part of Kerman, has historically served as a crucial hub connecting the southeast of Iran with Sistan and Afghanistan, attributed to its distinctive geological and geomorphological characteristics. Enjoying considerable commercial and military importance since the Sassanid era, Bam County has garnered attention in archaeological research as a strategically vital region. The exploration of Bam's archaeological sites becomes imperative for historical governments, highlighting the need to investigate and comprehend ancient centers engaged in metal smelting and mining activities. Consequently, an archaeological survey of the central part of Bam County was initiated in 2018-2019 with the specific objective of identifying metal smelting workshops and ancient mines. This article presents the outcomes of a field survey conducted in the central part of Bam County, shedding light on evidence of metal smelting centers, furnaces, and historical mining activities. The primary research inquiries center around the chronology of mining evidence in the central part of Bam County, the types of metals extracted, and the processes involved in metal mining and metallurgy within this region. Employing field and documentary methods, the research adopts a descriptive-analytical approach. The study identified and examined eight sites showcasing evidence of smelting and slag, one ancient mine, and two active mines. These sites have been associated with the extraction and processing of metals and elements such as tin, zinc, lead, silver, iron, and, to a lesser extent, gold. Notably, the substantial volume of zinc and zinc oxide processing in seven sites holds significance. Although cultural materials for chronological dating were absent in the investigated sites, historical SOURCES indicate that the extraction and smelting of these metals in the region date back to at least the 3rd century AH (9th century AD) and persisted until the Qajar period

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Author(s): 

KOOSHA SOHEYLA

Issue Info: 
  • Year: 

    2017
  • Volume: 

    47
  • Issue: 

    3
  • Pages: 

    621-645
Measures: 
  • Citations: 

    0
  • Views: 

    1024
  • Downloads: 

    0
Abstract: 

Recent evolutions, due to the universality of Space activities and emerging the use of Nuclear power SOURCES (NPS) for travelling to deep space, has reached its peak since 4th of January 2004. Recently a project known as Prometheus which studies nuclear fission reactors is being done by (NASA). These reactors can provide the Propulsion needed for these journeys by producing thousands of Watts of electricity (we). As solar energy and other kinds of energies do not produce enough electricity for a journey to deep space. Using (NPS) in USA and the Soviet Union started 40 years ago which was mostly in the form of (RTGs) and (RHGs).The aim of this article is to study the treaties and rules in INTERNATIONAL LAW especially INTERNATIONAL space LAW which are enforceable for space nuclear power SOURCES. In this paper by applying an analytic -descriptive method of research, we are about to answer this question that what are the obligations and responsibilities of Committee on the peaceful uses of outer space (COPUOS) and the states who are carrying out or licensing these kinds of space activities to prevent the potential risks.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    18
  • Issue: 

    1 (69)
  • Pages: 

    63-82
Measures: 
  • Citations: 

    0
  • Views: 

    435
  • Downloads: 

    0
Abstract: 

INTERNATIONAL Investment LAW is generally recognized as a LAW system among the subsystems or the specialized systems of Public INTERNATIONAL LAW. Regardless of this system’ s nature, its norms and rules have been applied to the governments and the investors (incl. individuals and corporations) for many years. However, there is still no consensus among the scholars regarding the SOURCES of this system; some define these SOURCES in light of the established SOURCES under Article 38 of the Statute of ICJ, and others draw a different set, albeit with some variations. However, the SOURCES of this system have not yet been reasonably and scientifically explained. To achieve such an apprehension, this article attempts to answer the question “ What are the SOURCES of INTERNATIONAL investment LAW, and how they have contributed to the evolution of the rules of the system? ” . Therefore, through a descriptive-analytical method and in qualitative research nature, this article pursues the assumption that the national legislations, treaties, INTERNATIONAL customary LAW, and the general principles of LAW are the primary SOURCES in this field; subsidiary SOURCES are namely judicial decisions and legal teachings. In this regard, the present article examines its assumption after providing an introduction, research background, theoretical foundations, and a brief history of the concept; Eventually, it is concluded that the national legislations are by far the most important source of INTERNATIONAL investment LAW, and we can safely say that other primary and subsidiary SOURCES indeed play an important, though a supplementary role for these legislations.

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    369-391
Measures: 
  • Citations: 

    0
  • Views: 

    2480
  • Downloads: 

    0
Abstract: 

Contemporary INTERNATIONAL LAW introduces a notion of peremptory norms comparable to hierarchy of norms in national legal system. A jus cogens is a norm of INTERNATIONAL LAW considered so fundamental that it overrides all other SOURCES of INTERNATIONAL LAW. A rule of jus cogens has a specific process of emergence that will be essentially different from other SOURCES of INTERNATIONAL LAW which reflected in Article 38 (1) of ICJ Statute. Unfortunately, there is not a precise definition of jus cogens norms. The vagueness of the definition and thereby its instances is one problematic issue that harden realization of ideals of the INTERNATIONAL community.

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Journal: 

CULMINATION OF LOW

Issue Info: 
  • Year: 

    2018
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    154-189
Measures: 
  • Citations: 

    0
  • Views: 

    689
  • Downloads: 

    0
Abstract: 

INTERNATIONAL LAW because of its special nature, in large part owes its formation and development from the ideas, writings and works of INTERNATIONAL LAW experts. However, doctrine as one of the SOURCES of INTERNATIONAL LAW has been considered less from other SOURCES. Doctrine, both conceptually and functionally Faced with enormous changes over time and and according to the conditions in each period has experienced different positions. This article reviews these developments throug trying to fi nd the place of doctrin among the SOURCES of INTERNATIONAL LAW. Results from this study suggests that the doctrine has been found today in the form of collective teachings and despite the time of the birth of INTERNATIONAL LAW was seen as the premier source of INTERNATIONAL LAW, the role it plays today is more untangible and subtle. Although it still enjoys a special place in the evolution of INTERNATIONAL LAW.

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Author(s): 

Bagherzadeh Rezvan

Issue Info: 
  • Year: 

    2024
  • Volume: 

    41
  • Issue: 

    75
  • Pages: 

    59-88
Measures: 
  • Citations: 

    0
  • Views: 

    28
  • Downloads: 

    0
Abstract: 

Legislation forms the bedrock of all legal systems, and each system operates according to its distinct structure, characteristics, and conditions. INTERNATIONAL LAW, unlike domestic legal systems, does not exhibit the same degree of systematic operation in this regard; non-legal issues e.g. political factors may significantly infiltrate the process of INTERNATIONAL regulation. Broadly construed, not only states but all actors within the INTERNATIONAL community engage in INTERNATIONAL LAW-making, utilizing both hard and soft LAW SOURCES. Among these, the traditional SOURCES of INTERNATIONAL LAW, custom and treaty, occupy a distinct and unique role. The central question of this study is how these SOURCES have actively participated in the INTERNATIONAL LAW-making process from historical times to the present day. According to the hypothesis of this research, employing a descriptive-analytical methodology, these two SOURCES, in a voluntary and non-coercive yet divergent manner, fulfill the needs of their creators. This study finds that while customary INTERNATIONAL LAW, as a collective endeavor, evolves spontaneously, implicitly, gradually, and sometimes even inadvertently, the formulation of legal norms through treaties, representing a form of individualism or particularism within the INTERNATIONAL community, transpires abruptly, explicitly, uniformly, and with deliberate intent.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    2
  • Pages: 

    165-190
Measures: 
  • Citations: 

    0
  • Views: 

    86
  • Downloads: 

    51
Abstract: 

INTERNATIONAL environmental LAW is one of the new branches of INTERNATIONAL LAW that seeks to achieve goals such as protecting and supporting the life of various species of wild plants and animals, oceans, seas, air, soil and God-given nature in general. . Due to the modern growth and development of the human way of life, the global environment needs support and protection through the establishment and implementation of binding and non-binding legal rules. In the process of compiling and developing environmental LAW, like other branches of legal science, some principles have been formed. which are referred to as the main pillars and fundamental principles of INTERNATIONAL environmental LAW. These principles have not only played a significant role in the process of creating INTERNATIONAL environmental rules, but also in the process of implementing and interpreting environmental treaties and resolving disputes between countries in a peaceful manner and preventing the use of force to ensure global peace and security in the field of issues. related to the environment have also been important. Therefore, with the development of INTERNATIONAL relations and the occurrence of various developments, governments gradually realized the value of some beliefs in the fundamental principles of INTERNATIONAL environmental LAW, and the United Nations as a manifestation of the INTERNATIONAL community of some regulations He combined the INTERNATIONAL with the environment.

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Author(s): 

ZARNESHAN SHAHRAM

Issue Info: 
  • Year: 

    2018
  • Volume: 

    48
  • Issue: 

    2
  • Pages: 

    319-338
Measures: 
  • Citations: 

    0
  • Views: 

    1053
  • Downloads: 

    0
Abstract: 

Although the structure and foundation of contemporary INTERNATIONAL legal system, often based on the opinions and ideas of the schools of positivist and therefore the sovereignty of States is central for making the rules of INTERNATIONAL LAW, but it should not forget that the existence and validity of human rights which we often talk about it, has not risen from will of the States. Human rights today are a new version of the natural LAW yesterday. Apart from this, more and more influence of principles & opinions of natural LAW on the body of contemporary INTERNATIONAL legal system became more obvious manifestation when the traditional system of making rule could no longer meet the requirements and needs of the INTERNATIONAL community in all areas -specifically the human rights area- so the declaration of "Martens clause" was ratified by the States. Thus we have witnessed new development in the field of construction and modification of the most important SOURCES of INTERNATIONAL human rights LAW, which is in response to the needs of the day, and a manifestation of the link between Martens Clause and human rights in the new legal order.

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