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Issue Info: 
  • Year: 

    2026
  • Volume: 

    18
  • Issue: 

    2
  • Pages: 

    289-316
Measures: 
  • Citations: 

    0
  • Views: 

    7
  • Downloads: 

    0
Abstract: 

Introduction: This extensive study examines the evolution of the Doctrine of State Immunity under domestic law in selected Eurasian countries: Türkiye, China, Russia, Ukraine, and Iran. The countries were chosen for inclusion because they represent a wide variety of legal traditions. They are important players within the Eurasian region, both geopolitically and having experienced accelerated growth recently through new laws regarding sovereign immunity, and are among the most important countries for regional economic and political cooperation within Eurasia today.State immunity, which stems from the principle of sovereign equality, has been recognized as a customary and binding rule of international law since before the existence of nation-states. In recent years, there has been a significant trend among states moving from absolute immunity to limited immunity, driven by emerging concepts such as human rights, violations of peremptory norms, and the distinction between imperial and administrative legal acts (acts jure imperii and acts jure gestionis). Accordingly, this research will examine how these developments have occurred.Research question: In this regard, the research answers the following fundamental question: In what ways has the concept of state immunity developed in domestic law and judicial application in these countries, and what similarities and differences do countries show in their approaches to the concept of immunity?Research hypothesis: This study assumes that, despite cultural and legal differences, they are gradually changing along similar paths away from absolute immunity to restrictive immunity, although the pace and form of implementation differ.Methodology: The methodological approach of this research is comparative-analytical, and the required data have been collected through library and documentary studies of relevant laws, judicial procedures, and cases of the countries under study. This approach will conduct a preliminary systematic analysis of domestic laws, court decisions, and international conventions.Results and discussion: These findings point to the evolving complexity of state immunity in the relevant jurisdictions studied. State immunity in Türkiye has gradually developed through legislation and judicial interpretation, especially after the Private International Law and International Civil Procedure Code of 1982. Turkish Courts have increasingly recognized exceptions to immunity, especially in commercial activities, while also showing a willingness to challenge immunity in counter-terrorism contexts. In China, this development has been marked by the passage of the Foreign Government Immunities Law in 2023, which formally adopted the doctrine of restrictive immunity in relation to commercial activities. This is in stark contrast to China’s traditional position of absolute immunity, although it has remained conservative on human rights exceptions and universal jurisdiction.Russia’s path is set by the 2015 Federal Law on Jurisdictional Immunities, which includes the principle of reciprocity and is a step towards limited immunity, particularly for commercial matters. However, like China, Russia has remained conservative when it comes to addressing immunity exceptions to human rights violations. The Ukrainian experience represents a significant development, as the 2022 decision of the country’s Supreme Court to reject the Russian Federation’s immunity in cases arising from military aggression demonstrates how egregious violations of international law can overwhelm traditional protections of immunity.Iran’s approach has always been that of reciprocity in all its interactions, as rightly stated in the 2012 Iranian Jurisdiction Law. However, it is more evident that this influence is expanding in Iran's legal, diplomatic, and economic relations with Eurasian countries, especially in strategic areas such as trade, investment, and energy cooperation.Conclusion: The study concludes that although legal traditions and cultural contexts for the countries we studied vary, there is a general trend towards restrictive immunity across all locations, but that movement is occurring at different speeds. This convergence reflects the broader evolution of international law itself, which seeks to find a balance between traditional state immunity and the protection of international trade or human rights.Our comparative-analytical study highlights the different paths toward the new status quo: China and Russia have adopted laws (laws of 2023 and 2015, respectively) showing hesitant approaches to human rights exceptions; Türkiye has limited its immunity mainly through judicial interpretation, while recently introducing limited exceptions to combat terrorism; the Ukrainian Supreme Court decision in 2022 is likely to be seen as a turning point for denying Russia immunity as a consequence of military aggression; and Iran's reciprocity practice, which affects its relations with Eurasian partners. Taken together, the above studies show that the evolution of state immunity represents a clear redefinition of sovereignty, or at least a shift away from concepts of absolute immunity, in which human rights protection and trade facilitation gradually replace the protection of state immunity.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    330-346
Measures: 
  • Citations: 

    0
  • Views: 

    248
  • Downloads: 

    47
Abstract: 

Teacher factors encompass the teachers’ cognitive and affective characteristics that are likely to affect their instructional efficacy. Language teacher immunity is one of the affective factors that determines the teachers’ psychological well-being in their settings. The present study strived to itemize the factors in novice and experienced EFL instructors’ teacher immunity philosophy. To this end, first, the researchers used convenience sampling for selecting 62 EFL teachers including 38 novice and 24 experienced teachers at ten prominent language institutes in Tabriz (Iran) as the participants. Second, they conducted 30-minute interviews with the participants for determining the factors that influenced their TI philosophy using a researcher-developed semi-structured interview protocol. Lastly, they used thematic analysis in order to particularize the main factors in their teacher immunity philosophy. The findings of the study indicated that while the novice teachers considered external support as the main factor in their philosophy, the experienced teachers regarded their internal strength as the decisive factor that influenced their teacher immunity philosophy. The findings may have practical implications for teacher education courses in foreign language contexts.

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Author(s): 

KAVEH MOHAMMAD

Issue Info: 
  • Year: 

    2010
  • Volume: 

    5
  • Issue: 

    18
  • Pages: 

    101-124
Measures: 
  • Citations: 

    1
  • Views: 

    1508
  • Downloads: 

    0
Abstract: 

The prophets’ immunity from sin and their parity with other prophets in this feature is counted as one of the fundamental issues in the study of Abrahamic religions. This immunity is perceived in their deeds and religious missions, which are based on intellect and metaphysics, including obeying the Divine precepts in eating and drinking, assigning the amount of Zakat, etc. Owing to the key role of this fact in constructing, developing and fortifying the religious beliefs and deploying the religious values and directing the believers’ manners and religious society and purifying the society from superstitious beliefs and also removing all misgivings about the Divine Prophets, the present article, using the reference heavenly books, has been classified into two sections: the first section studies and criticizes the concept of immunity from sin in Judaism (Torah and Talmud), Christianity (the Old and New Testaments) and Islam (the Holy Quran), and then through the comparative study, prepares the ground for correcting and admitting the true view for the researchers.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    1
  • Issue: 

    4
  • Pages: 

    74-94
Measures: 
  • Citations: 

    0
  • Views: 

    25
  • Downloads: 

    0
Abstract: 

The right to legal representation, as enshrined in Article 35 of the Constitution, affirms that in all courts of law, the parties involved have the right to select an attorney for themselves, and if they are unable to do so, facilities must be provided to ensure legal representation. This provision aligns with the principles established in international legal instruments. However, the realization of this right is not feasible without safeguarding the professional position of the defense attorney. Although Iranian legislation does not explicitly employ the legal term “judicial immunity of the attorney,” the underlying meaning and implications are implicitly present, and any violation thereof by official authorities is classified as misconduct and criminalized. Despite Iran’s accession to conventions and treaties that encompass judicial or defense immunity—and their ratification by legislative bodies both before and after the Islamic Revolution—a clear and defined concept of this principle has yet to be established in the Iranian legal and judicial system. Furthermore, its boundaries and limitations remain undefined. This study aims to examine the attorney's immunity in international legal instruments and compare and align it with the framework of Iran’s legal and judicial system.

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Author(s): 

Yaraghi Esfahani Mahshid

Issue Info: 
  • Year: 

    2024
  • Volume: 

    11
  • Issue: 

    4
  • Pages: 

    61-75
Measures: 
  • Citations: 

    0
  • Views: 

    2
  • Downloads: 

    0
Abstract: 

The traditional conception of sovereign immunity, rooted in the notion of absolute state authority, increasingly conflicts with contemporary demands for justice and accountability. This article proposes a reconceptualization of sovereign immunity through an Islamic political framework that views sovereignty not as an inherent entitlement but as a divine trust (‘amāna’) conditional upon the realization of justice (‘ʿadl’) and the promotion of public welfare (‘maṣlaḥa’). From this perspective, immunity must serve the purpose of protecting legitimate sovereign functions rather than shielding violations of individual rights. By analyzing the evolution from absolute to restrictive immunity in international law and aligning it with Islamic governance principles, the study argues for a justice-centered model where immunity is granted selectively, contingent upon the sovereign’s adherence to ethical and legal obligations. This trust-based understanding ensures that sovereignty remains a mechanism for the preservation of human dignity and the prevention of oppression (‘ẓulm’), rather than a barrier to accountability. The article advocates for a normative shift toward recognizing sovereign responsibility as intrinsic to sovereign rights, offering a new lens through which contemporary debates on immunity can be assessed.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    14
  • Issue: 

    12
  • Pages: 

    13-24
Measures: 
  • Citations: 

    0
  • Views: 

    65
  • Downloads: 

    2
Abstract: 

In this paper, we examine the perturbed absolute value variational inequalities (PAVVI), a new class of variational inequalities. For the (PAVVI), some new merit functions are established. We develop the error bounds for (PAVVI) using these merit functions. The results presented here recapture a number of previously established findings in the relevant fields because (PAVVI) include variational inequalities, the absolute value complementarity problem, and systems of absolute value equations as special cases.

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Conference: 

IRANIAN ALGEBRA SEMINAR

Issue Info: 
  • Year: 

    2016
  • Volume: 

    25
Measures: 
  • Views: 

    256
  • Downloads: 

    78
Abstract: 

IN THIS PAPER WE INVESTIGATE THE ACTIONS OF A MONOID OF THE FORM S=G Ů I, WHERE G IS A GROUP AND I IS AN IDEAL OFS, ON SETS. SO, NATURALLY, EVERY S -ACT CAN BE CONSIDERED AS AN I1-ACT. THE CENTRAL QUESTION HERE IS THAT WHAT IS THE RELATION BETWEEN ABSOLUTE 1-PURITY OF I1-ACTS AND ABSOLUTE 1-PURITY OF S -ACTS. HERE WE RESPOND TO THIS QUESTION AND SHOW THAT WE NEED SOME MORE HYPOTHESIS.

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Journal: 

LITERARY ARTS

Issue Info: 
  • Year: 

    2018
  • Volume: 

    9
  • Issue: 

    4 (21)
  • Pages: 

    5-6
Measures: 
  • Citations: 

    0
  • Views: 

    382
  • Downloads: 

    130
Abstract: 

The pun is one of the most important types of rhetorical figures. Two pillars or two conditions for the realization of an absolute pun include both the same spelling and sound and different meanings. Although the verbal similarity of two homonymic words has been discussed so far, the semantic dissonance of the two words has not yet been taken into account for various reasons. Therefore, it is not yet lucid which of the different meanings of a word is of interest and what the meaning difference is. In the current study, the descriptive- analytical method was used to both investigate the origin of absolute pun according to the views of past linguists and lecturers and contemporary scholars and determine what kind of meaning is intended in this type of pun in line with the rhetorical heritage of Persian and Arabic...

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    25
  • Issue: 

    3
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    198
  • Downloads: 

    0
Abstract: 

Introduction: Space is a social and consequently a political thing, and apart from worldview, ideology and discourse, it cannot be formed and developed, and the ideological framework of the formation forms the ruling policies, which are crystallized in the form of governing discourse. Each of the new forms of government and new patterns of political power introduces its own methods for dividing space, discourse, objects, and people living in space, and how it is used to change over time and use space to give economic and political strategies required for the exercise of power and discourse processes. In Iran, in the last hundred years, with the coming to power of Reza Khan in 1925, the central discourse of the Pahlavi government with the supremacy of the absolute Pahlavi discourse, and by articulating the signs of this discourse with hegemony and domination, represented space and created reasonable spaces. For the first time in history, it emerged as a dominant discourse in the society. Methodology: The present study seeks to provide a dialectical analysis of the process of space production in Tehran by identifying the dominant discourses in the period 1925-1941. Hence, it falls into the category of "fundamental" research. On the other hand, the executive path of research is "analytical-exploratory". Results and Discussion: The most important dominant discourse in Iran in the twentieth century was formed based on the Pahlavi Absolute Discourse of a complex set of diverse disciplines including the theory of Persian monarchy, traditional patrimonialism, the discourse of development and development in the style of Western modernism, legalism and the people. The discourse emphasized authoritarianism, reform from above, modernist rationality, Iranian nationalism, political centralism, cultural modernism, secularism, and industrial development. The absolutist state that emerged in the light of this discourse sought to move Iranian society and economy from a traditional, pre-capitalist formulation, and do major harm to Groups and culture introduced traditional society with its rationalist, authoritarian, and normative character. The purpose and scope of Reza Shahchr('39')s policies were, in practice, cities and urban social classes. On one hand, there were observed development measures and activities to modernize the country in cities, such as the demolition of old neighborhoods and the construction of new streets, and on the other hand, the expansion of government bureaucracy caused a mean for the central government to dominate on peoplechr('39')s daily activities. During these years, the most noticeable changes took place in Tehran. The enactment of the Municipal Law in 1309 provided a suitable vehicle for heavy interventions in the old urban fabric; the law of widening and developing the streets and alleys in 1933, the first echo of Hussman urban planning and as a symbol of modernity were revealed. Two cruciform streets tear apart the old fabric of the city, crucifying the old city and separating the elements of urban spaces. The street is considered as a powerful tool in the city and becomes a dominant element that no element can deal with it compared to previous periods. The discourse of absolute Pahlavi modernism in the form of spatial representation has created a city with a body, image, face and structure different from Tehranchr('39')s past. In other words, the Pahlavi discourse has represented new spaces through hegemony and domination. Some of the social changes in Tehran in this period that distinguish it from previous periods are social and cultural changes including improving education, building a university, rejecting the hijab, reviving the Persian language by the language of academy, and immigration. Rural and urban population growth, expansion of government offices and the formation of a new administrative class; Economic and infrastructural changes, urban planning and architecture, including Tehran city development plan, implementation of Baladieh law, establishment of Bank Melli Iran, construction of Mehrabad airport, emergence of new urban activities and functions, construction of cruciform streets, squares, bazaar; Political changes include the emergence of a new bureaucracy, the consolidation of central government power, the formation of a modern army, the concentration of state affairs in the capital, the establishment of new urban divisions, relations with European countries, and their role in governance. Totalitarian modernism, in order to achieve its enlightened menus, has to consolidate the bureaucratic system. State cities that are already in a semi-independent relationship with the center can only be the executor of the Cairo government bureaucracy in their new affiliate relationship. Following the Pahlavi bureaucratic approach, the city was given priority both as a physical manifestation of the current thinking of the time and as a platform for the forthcoming developments for organizing. Any urban regulation will inevitably lead to a cessation of organ development. On the other hand, with the seriousness of the issue of private property, the necessity of developing a new urban system became more apparent. Conclusion: The urban plans of the 1930s clearly show how the relationship between the inhabitant and the resident and the relationship between the city and society sought an instrumental relationship, and for this reason, this relationship and through it, development was considered as an external matter and with no worries, they have made a historical break by discarding previous social, economic, and cultural formations. Without worrying that man achieves being through habitation. The result is not only the physical disintegration of the city, but also the disintegration of the socio-cultural organization. Henceforth, the city is the place of crystallization of socio-cultural and physical-spatial distinctions that arise due to the demand for capital and the mercantile circulation of goods and capital, and through the indiscriminate occupation of land as the main element of trade in opposition to biological methods. It even offers its own climatic conditions.

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Author(s): 

HOSSEIN ZADEH J.

Issue Info: 
  • Year: 

    2003
  • Volume: 

    7
  • Issue: 

    4(Tome 31)
  • Pages: 

    27-46
Measures: 
  • Citations: 

    2
  • Views: 

    16520
  • Downloads: 

    0
Abstract: 

According to the 15th article of "Islamic consultative assemblies institutions, responsibilitits, and elections" law, the absolute majority of the audience votes is a bases of credit of the Islomic consultative assemblies decisions, whereas the legislator has not presented any preise ecisions, definition for "absolute majority" in this law. In the famous persian lexicons and the dictionaries of law, "half (of total number of audiences votes) plus one" has been presented, in a full agreements,as the definition of the absolute majority, whereas in some of the laws, this majority has beem interpreted as "more than half of the total number of audiences votes". The paralles of these definitions, without alluding to the term of "absolute majority", have been mentioned in the commercial Reform Bill, which is ratified in 1347. But, none of these definitions, because of the discrepancy of their description or the legislators silence, obviateel the problm of the consultative assemblies institutions or the associations which were formed with an odd number. Therefore, always there have been disagreement between the members of the consultative assemblies and the executors,in quorum valiadlity. In other words, this question still remains that in the case of the legislators silence about the definitio of the absolute majority according to his/her lexical definition (half plus one) or when the legislator has defined his majoritY as the same purport (half plus one), what is the whole number and which the decimal number (which is caused by applying the mentioned definition) must berounded? The next highest or lowest whole number? While crtitcizing the notions of propotrional and special majority,this article has proceeded to analyze the effects and the results which have been caused by each of the two definitions of the absolute majority, among the groups and the consultative assemblies which are form ed with odd or even number. Finally it has inferred that the absolute majority has only one definition and it is nothing except: "more than half of the total number of audience.

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