PUBLIC LAW STUDIES QUARTERLY
Year:2025 | Volume:55 | Issue:3|Papers Count:30

The European Union is the only international organization that has established specific rules and regulations regarding the responsibility of its members and institutions due to inaction. In this context, two types of inaction lawsuits are brought before the judicial authorities of the EU,the first type involves lawsuits against the member states of the Union, which can be further divided into two categories. The first category consists of lawsuits initiated by the European Commission against the states for inaction, while the second category includes lawsuits brought by member states against each other. The second type of inaction lawsuits is directed against the institutions of the European Union. In both types of lawsuits, the claimant must grant a deadline to the state or the Union institutions to fulfill their obligations or respond, and if there is no response, the claimant can file a lawsuit against the defendant. In lawsuits against the institutions of the European Union, unlike inaction lawsuits against the states, both natural and legal persons have the right to file inaction lawsuits against the Union institutions. After the lawsuit is filed, the European Court of Justice obliges the state or institution that has committed the inaction to fulfill its obligations.

In hermeneutics, which has undergone various phases, some thinkers like Schleiermacher view the interpreter's mission as an awareness of the author's individuality, while others, such as Gadamer (the leader of phenomenological hermeneutics), pursue true understanding within the interpretive horizon of the interpreter using a dialectical method. Principle 73 of the Iranian Constitution specifies the competent authority for interpreting ordinary laws, which is a legislative body (similar to Schleiermacher's hermeneutics), and also grants judges the authority to interpret in order to discern rights. Therefore, considering the legislator's provision for interpretation by judges, can one, when interpreting within the Iranian legal system, transcend the superficial layer of the law and reach the text beyond it according to Gadamer's hermeneutics? This research, employing a descriptive-analytical method and scrutinizing the existing legal logic based on Islamic Sharia, reveals that when interpreting laws derived from Sharia (including civil law and Islamic penal law), it is necessary for the interpreter to seek support from religious sources in their interpretive theory and cannot solely act according to their own mental horizon (regardless of the legislator's intent) while considering factors such as justice and fairness, as pursued in Gadamer's phenomenological hermeneutics.

International law has historically manifested in two distinct paradigms: Monochromatic International Law and Multichromatic International Law. Monochromaticity, advocated by thinkers like Kant and Grotius, aims to unify international relations within a singular legal framework or a universal federation (monism), ultimately striving for a cosmopolitan world and lasting peace. In contrast, Multichromaticity, rooted in the philosophies of Jean Bodin and Hegel, embraces diversity and recognizes the struggle for acknowledgment among distinct entities. Postmodern International Law emerges as a synthesis of these two approaches, integrating monochromatic and multichromatic principles under the dual banners of globalism—drawing from Kantian cosmopolitanism—and the prominence of non-state actors, reflecting Hegelian dialectical pluralism. However, despite its emphasis on peace, Chromatic International Law remains indifferent to humanity, states, non-states, and the world at large. Instead, it prioritizes the country as the central unit serving humanity by addressing the disorder in international law caused by the proliferation of state and non-state actors. The concept of a country extends beyond the definition of a state. While the number of states globally may rise to around two hundred, historical and geopolitical realities limit the number of true countries to no more than ten—among which Iran must undoubtedly be included.

The basis of societies and their civilization is the fulfillment of rights and their protection and guarantee. In developed countries, creating and accessing the right to health is one of the most important priorities, and the policy-making process in this area can produce different results based on the adoption of varous approaches. This research has been done by documentary method and in the first step, it will discuss the existing approaches of policy-making, including the value-based approach, the evidence-based approach and the rights-based approach, and the advantages and disadvantages of benefiting from that explains each one. The results show that if any of the approaches are used in the policy cycle, they can be complementary to each other and not in conflict with each other. It is necessary to base the formation and development of approaches on rights and use the value-oriented approach in the implementation phase and the evidence-oriented approach in the evaluation.

The expansion of societies has made the establishment of government a necessity, and public law is shaped by various schools of thought to regulate the interactions between people and the government. The teachings of Buddhism and Confucianism have a significant impact on the formulation of governmental legal rules and political equations. Despite the differences in individualism in Buddhism and collectivism in Confucianism, the main actor in ensuring the well-being of society (whether the people or the government) and the appropriate method of governing the country has always been a focus of attention. Considering that legal schools reflect the roots and objectives of law, this paper, through a library study, aims to answer the question of the position of public law, or in other words, the impact of the teachings and beliefs of Buddhism and Confucianism on the field of public law, by examining ontology, anthropology, sociology, epistemology, and methodology for a precise understanding of these schools. It is observed that both schools regard the well-being of society as resulting from moral virtues and, in times of decline, through the enactment of laws, as a consequence of the reform of rulers and governance.

With the increasing awareness of the dire state of the environment and the importance of sustainable development, governments have taken a wide range of measures to protect health, safety, and the environment. Health, safety, and environmental standards are generally aimed at protecting people from threats to health, safety, and the environment and changing patterns of production and consumption. This issue, alongside the emergence of the COVID-19 virus, first discovered in late 2019 in China and which has since become a global pandemic, has presented humanity with unprecedented challenges. Initially appearing as a health crisis, COVID-19 not only impacted daily human life but also affected the global economy and trade relations between countries. This research seeks to examine whether, despite the World Trade Organization (WTO) and the rules of free trade during this pandemic, countries can impose legal restrictions in their trade relations by resorting to health, safety, and environmental (HSE) standards. An analysis of the WTO agreements indicates that this organization allows its members to prioritize the health and safety of their citizens in specific and emergency situations, temporarily disregarding its fundamental principles.

Ensuring "food security" is one of the governmental responsibilities that governments have not retreated from actively engaging in. Article 3 of the Constitution, the general policies of the system, and various laws and regulations address "food security" and the methods of governmental regulatory interventions in this area. However, the proximity and overlap with similar terms such as "food safety, " "nutrition, " and "the right to food, " along with the lack of a comprehensive and clear understanding, have posed challenges to the government's regulatory function in this domain. This paper, through an analytical-descriptive method and a theoretical and clarifying examination of the general policies of the system and laws related to food security, addresses the question of how the government performs its regulatory duties in the area of food security. The absence of a unified policy in the regulation of food security, the lack of a precise and distinct understanding of similar concepts, and the multiplicity of responsible agencies and overlap of duties among regulatory and supervisory institutions in this area create challenges for food security in Iran.

The phenomenon of the plundering of natural resources in armed conflicts is considered one of the serious current threats to the environment and a danger to peace and security within countries and in the international arena. There has long been a close dependency and connection between natural resources and armed conflicts. This bidirectional relationship has resulted in irreparable damage to natural resources during conflicts, as well as putting human lives at risk. This paper, using a descriptive-analytical approach, aims to outline a desirable perspective in explaining the conceptual scope of the phenomenon of plunder and, by evaluating international law regulations in this area, seeks to find an appropriate model to minimize the damages caused by this phenomenon. In this regard, recent efforts by the International Law Convention to address the issue of plunder in the draft provisions for the protection of the environment in armed conflicts in 2022 are also considered and examined. An analysis of existing rules confirms the reality that, despite the abundance of international regulations in this area, these rules appear to be insufficient in practice and have not provided the necessary legal mechanisms to effectively combat this phenomenon.

The reliance of the International Court of Justice's legislation on rationality can play a significant role in the public acceptance of the Court's rulings. By adopting a sociological-legal perspective on the Court's actions, it can theoretically facilitate the development of international law through the Court's rule-making. Therefore, this research aims to theorize the possibility of aligning the Court's legislative actions with rational actions and types of Weberian rationality, using a descriptive-analytical method. This article acknowledges the specific approach to rationality and concludes that the Court's legislation, as a translinguistic concept, can be understood as the creation of rules and the establishment of rational and obligatory action patterns by the Court. The Court's actions in law-making can be categorized under value-oriented rational action and goal-oriented rational action. However, the relationship between the Court's actions and emotional or traditional actions is one of contrast. Additionally, among the four types of Weberian rationality, the Court's legislation can be characterized as theoretical, intrinsic, and formal rationality, while considering the identified components for practical rationality, this Court's action cannot be classified as practical rationality.

While state intervention in various aspects of governance and citizens' lives is often seen as essential in modern societies, the scope and legitimacy of such interventions continue to be subjects of reflection and debate. In the realm of family, the extent and nature of governmental involvement—whether restrictive or supportive—are particularly significant. Within the framework of the Constitution of the Islamic Republic of Iran, the concepts of Velayat (Guardianship) and Imamate (Leadership), both rooted in the principles of obedience and compliance, coexist with the broader concept of sovereignty. This paper explores how the Constitution authorizes the Islamic government to engage with family affairs and whether such engagement is framed under the titles of Velayat, Imamate, or Sovereignty. It also examines the practical implications of each conceptual framework for family-related policymaking and the tools they provide to legislators and policymakers in addressing family challenges. Ultimately, the study reveals that policymakers, depending on whether they adopt a perspective grounded in Velayat, Imamate, or Sovereignty, propose divergent strategies and responses to emerging issues within the family institution. This divergence has occasionally led to inconsistencies and a lack of unified approaches in legislative and executive actions related to family matters.

Today, the understanding of environmental risks has significantly increased, such that environmental crises such as air, soil, and sea pollution, global warming, the release of hazardous materials, and environmental degradation are among the serious concerns of the international community. On September 26, 2022, unknown actors deliberately detonated the Nord Stream pipelines located on the seabed of the Baltic Sea with four explosions near the site of chemical munitions disposal leftover from World War II around Bornholm Island. This raises the question of what human environmental risks these explosions pose and how the environment can be protected during armed conflicts. Findings based on documents and library resources using a descriptive-analytical approach indicate that the gas emissions resulting from the explosions not only contribute to global warming but also cause damage to marine ecosystems and harm marine mammals and fish. To support environmental protection, an international environmental legal system has been established, combining principles, treaties, and customary law to safeguard the environment not only in times of peace but also during war. Citing these rules establishes a human right to a healthy environment, which means that the explosions of the Nord Stream pipelines can be considered violations of human rights and humanitarian law.

Alongside the expansion of irreparable, severe, and persistent environmental damage and its impacts, which threaten the fundamental foundations of human life and security, international law is inevitably compelled to utilize its capacities to combat the rise of crimes stemming from pollution and environmental destruction. Given the inadequacy of the regime governing compensation for environmental damage caused by destruction and pollution, serious action by states against environmental crimes is unavoidable. Although the principle of state sovereignty and the prohibition of interference in their territories are fundamental principles of international law, the principle of sovereignty in international environmental law is not absolute and is conditioned on the non-harmful use of land. International documents, such as customary law and international treaties, emphasize the need to combat environmental crimes resulting from destruction and pollution. Therefore, to optimally utilize these documents in implementing international rules and regulations, international organizations and entities—whether arising from the will of states and peoples, international organizations, their affiliated bodies, or even international and regional courts—play a crucial role. This writing examines the performance of the said influential components regarding the existing capacities in customary law and treaties, and even in creating the necessary grounds for states to exercise more effective jurisdiction in combating environmental crimes. It has been determined that these institutions and organizations can provide the necessary foundations for practical action against environmental crimes resulting from destruction and pollution.

The legal inspectorate is a professional entity whose existence is defined by the inspection of all administrative and financial activities of commercial units to ensure compliance with laws and prevent any misuse of legal regulations. This evaluation is, in its simplest form, a continuous duty that requires the inspector's permanent presence in a reporting unit, which contrasts with the profession of auditing that depends on the professional judgment of an "expert" and "independent" individual known as the auditor. The auditor's role is to assess the extent to which claims regarding economic activities and events conform to predetermined criteria and to report the results to interested parties. Therefore, considering these differences that have led to the emergence of various models of these professional entities, including the "French model, " the research conducted—where the informational data was gathered through library methods and analyzed descriptively—aims to provide a comparative perspective and a brief introduction to the legal nature of the legal inspectorate, as well as the challenges faced by this profession in our country. It seeks to address the question of how the adoption of the legal inspectorate from the French Commercial Code has impacted the establishment and development of this professional activity in our country.

For years, the United States has been engaged in the most extensive programs for implementing a policy of targeted killings outside active combat zones. These operations have generated extensive legal debates. This research focuses on a relatively specific aspect, namely ensuring how a government can be held accountable for conducting such operations. So far, no country has disclosed a mechanism of accountability that guarantees that unlawful killings are investigated, prosecuted, and punished. The refusal of countries to provide accountability regarding these types of policies violates the international legal framework that restricts the unlawful use of lethal force against individuals. The following article discusses legal accountability concerning the United States' targeted killing program and potential mechanisms to enhance this accountability. Thus, accountability is examined first in relation to the decision to designate an individual as a target and then in the execution of the operation. The focus of the research is on the United States program, but the aim is to clarify the complex considerations related to efforts to strengthen legal accountability for any government conducting such operations. However, the findings of this research indicate a lack of any legal mechanism provided by countries employing this program.

More than four decades after the Islamic Revolution in Iran, the issue of adhering to hijab and defending its legal framework at both national and international levels faces serious challenges. This issue stems from various factors that can be examined within the framework of discursive and legal challenges. Following the events of 1401 in the Persian calendar, particularly the change in behavior among parts of the social body in opposition to the hijab law on one hand, and the fluctuations and distortions in policies, approaches, and methods of dealing with non-compliance and inappropriate dress over the decades, along with the ambiguity of hijab laws and regulations despite their extensive nature on the other hand, have resulted in existing laws and regulations for adhering to Islamic hijab in society not meeting national needs and lacking legal support internationally. The Islamic Republic of Iran has also been accused of violating women's human rights due to the enactment and implementation of hijab and chastity laws. This article, using an analytical-descriptive method and referencing library sources, addresses the question, "What requirements and conditions are necessary for adopting legislative measures in the area of hijab? " The results indicate that the Islamic Republic of Iran needs fundamental transformation at two levels: "producing literature and discourse" and "reforming the legislative process. "

In the jurisprudence of the International Court of Justice and ICSID arbitration regarding abuse of process, similarities outweigh differences. However, despite these many similarities, they do not confront the issue in the same way. The International Court of Justice has adopted a narrow approach, not rejecting any cases on this basis to avoid undermining the right of states to access this institution for the peaceful resolution of international disputes. However, this has led to a failure to articulate the doctrine of abuse of process. In contrast, ICSID has chosen a more flexible approach, simultaneously suspending proceedings in some cases due to the identification of abuse of process, while also making efforts to clarify the issue from its perspective.

The use of automated decision-making systems in public affairs has raised concerns about how to ensure the rights of individuals—should they be subject to such decision-making. To alleviate these concerns, various countries have begun regulating the use of this method within the framework of public management. This article is written using a descriptive-analytical approach and draws on library resources. The research findings indicate that most countries have responded to the expansion of automated decision-making by proposing and enacting laws related to data protection. A few countries have regulated automated decision-making within the framework of general administrative law by establishing new laws or amending existing ones. Some have taken a sectoral approach, applying this type of decision-making only to specific areas of public administration. Consequently, establishing a specific, special, and comprehensive regulatory framework to organize this method of decision-making is essential. Such a framework should clarify the situations in which it is used in public management, outline the governing principles for its implementation, and include appropriate guarantees to protect individuals' rights in the context of the right to good administration.

The acceptance of the applicability of the most-favored-nation clause regarding dispute resolution methods by the arbitrators in the Mavzini case has led to extensive legal debates, resulting in conflicting awards by arbitration bodies. The 2015 report of the International Law Commission on this clause reflects the comprehensive efforts of this institution to organize the governing rules through a thorough examination of the legal interpretations made by arbitration bodies. This paper aims to analyze two recent ICSID awards to address the question of how effectively the Commission's report has contributed to resolving legal disagreements and preventing conflicting awards in this forum. The present research is conducted using a descriptive-analytical method and involves the study of international documents and awards. The investigation began with the perspective that the Commission's report, given the status of this institution and the extensive study conducted, could encourage arbitration bodies to reach consensus on the main contentious issues. However, the findings indicate that arbitrators in dispute resolution bodies continue to make decisions based on personal interpretations of the mentioned cases, and disagreements and the issuance of conflicting awards persist significantly.

The idea of limiting the power of the state has a historical background and has undergone many transformations throughout history. To better understand the concept of limiting state power in the contemporary era and the idea of constitutionalism, it is essential to be aware of the process of emergence, formation, and expansion of this concept. The concept of "wadi'a" (deposit) as a defined contract in jurisprudence has a different meaning in public law and serves as a basis for limiting state power, which is prominently featured in the Qajar period and in the written works of that era. The concept of wadi'a as a basis for limiting state power is built on foundations established during the Safavid era, and significant clues about the emergence of this concept can be found in the works of scholars from the Safavid period. Gradually, as the legal aspect of this concept faded, its political dimension increased, and wadi'a transformed into a fundamental theory of governance, becoming a means to regulate the relationship between the people and the king. This paper aims to examine the concept of wadi'a and how it emerged and evolved as a basis for limiting state power during the Qajar period, tracing its roots back to the Safavid era through a descriptive-analytical method and utilizing library resources.

Art is often a narrative, and a painter, like other artists, generally depicts a story that has passed through them or that they have experienced. Nevertheless, the product of a painter's work, like any other artistic creation, is considered a cultural commodity, and the creation of a painting signifies its entry into a realm where laws play a serious role in regulating the relationships among actors and governing the interactions between various elements and phenomena. The subject of this research is the limitations imposed on the scope of artistic freedom of expression for painters within the domain of international human rights law. A brief reflection on the theories and practices of the European Human Rights Committee and Court indicates a lack of alignment between theoretical and practical approaches in establishing a uniform judicial precedent regarding artistic freedom of expression for painters in the international human rights system. This situation leads to a narrow or broad interpretation of artistic freedom, influenced by national security, public morals, and even political considerations, regardless of the artistic or non-artistic nature of the painter's efforts. On the other hand, the door remains open for the application of interpretative principles in the international human rights system to define the limits and boundaries of artistic freedom for painters.

The "Environmental Protection and Improvement Law" is the first fundamental and independent environmental law in Iran, enacted in 1974, which established an initial framework for the legal protection of the environment in the country. With the approval of this law, it was expected that a necessary legal order would be created for the effective protection of the country's environment. However, the emergence of widespread environmental destruction and pollution over the past fifty years, along with the ineffectiveness, implicit repeal, or softening of some provisions of this law by subsequent legislation, indicates that this foundational law has faced various legal, economic, social, and political challenges in effectively protecting the environment. This paper employs an analytical and legal pathology approach to examine the legislative challenges of this law based on six criteria, specifically challenges that lawmakers could have prevented through careful consideration in enacting and amending this law over the past fifty years. The conclusion is that one of the prerequisites for renewing and strengthening environmental law in Iran is addressing the challenges and issues of the Environmental Protection and Improvement Law, taking into account the current environmental and socio-economic conditions.

Investiture votes in parliamentary and semi-presidential systems occur at the beginning of government formation, either ex ante or ex post, and take three forms: an investiture vote in the entire cabinet, the government program, or the prime minister. In the constitutional law of the Constitutional Revolution, this vote pertained to the government program along with the composition of the cabinet. In the constitution of the Islamic Republic of Iran, ratified in 1979, despite the explicit text regarding the vote of confidence for the cabinet, subsequent governments, except for the first cabinet, came to power based on individual votes of confidence for ministers. After the constitutional revision in 1989, the practice of individual votes of confidence for ministers continued, effectively sidelining collective votes of confidence. It seems that two elements of the concept of fundamental obsolescence—“lack of continuous and conscious use” and “loss of credibility among political actors”—have been realized concerning the first part of Article 87 of the Constitution. The question this research seeks to address is the comparison of the vote of confidence in the constitutional law of the Islamic Republic of Iran with other political systems, aiming to uncover the differences between the form of the vote of confidence in the constitutional law of the Islamic Republic of Iran and this legal institution in other political systems.

Necessity, as one of the factors that absolves the wrongful nature of an act, provides a valid response to situations where the preservation of essential interests of the state or the international community requires the violation of primary obligations. This paper aims to examine the necessity defense in the field of environmental law from the perspective of international law and Imami jurisprudence. The fundamental problem in invoking necessity in this area is the uncertainty of harm in environmental issues, which is incompatible with the condition of imminent danger. Unlike international law, legal discussions related to necessity have not received much attention from Islamic scholars,however, by drawing on sources and jurisprudential rules through the method of legal application of verses and narrations as well as the opinions of Islamic jurists to international law, the foundations of this factor in Imami jurisprudence can be formulated. By reviewing international documents and jurisprudential sources, it can be concluded that the principle of necessity in international environmental law has an exceptional nature in both legal systems, and compensation for the incurred damage is an accepted and inevitable matter.

In various legal systems, diverse methods are employed to resolve administrative disputes, and each system follows a specific pattern for administrative litigation depending on various factors. The specific conditions of a country and its historical, political, and social contexts determine the unique characteristics of its litigation system. The presentation of content in this paper is comparative, aiming to describe and introduce different litigation models without prioritizing any particular system. In this article, based on criteria related to the structure of litigation, the method of conducting trials as inquisitorial or adversarial, and the degree of judicial oversight being open or limited, four patterns of administrative litigation have been identified In the first model, litigation is conducted in an adversarial manner, with administrative bodies performing a combined (administrative-litigation) function, and closed judicial oversight is exercised in general courts. In the second litigation model, independent courts separate from administrative bodies address administrative disputes using an adversarial method, and in the final stage, closed judicial oversight is applied by general courts. In the third model, litigation is handled by specialized courts that address administrative cases in an inquisitorial manner and openly. Finally, the defining feature of the fourth model is open judicial oversight in general courts.

Freedom of expression encompasses various aspects of human life, including political activities, and is accompanied by the principle of limiting government intervention in this right, based on the characteristics of the first generation of human rights. The connection between sports and politics, along with the regulation of the concept of sports by governing bodies, places political freedom of expression in sports—meaning freedom of expression within the sports environment and the freedom of athletes to express themselves both in the sports context and outside of it—under legal and procedural limitations. This descriptive-analytical and library-based paper aims to identify the challenges restricting political freedom of expression in sports by examining international standards and practices related to this freedom, as well as proposing some legal considerations in this area. These considerations include the necessity for limitations on freedom of expression to be substantiated by the captive audience doctrine, the harm caused by certain expressions, the impact of contracts on limiting freedom of expression, and the need for social backing of the right. Political neutrality must be pursued legitimately, systematically, and limited to necessity, and will only be justified in cases where the law anticipates it, respecting the rights or dignity of others and maintaining national security, public order, health, or morals. Additionally, monitoring the relationship between sports and politics should not lead to neglecting the role of sports in building a peaceful society that upholds human dignity.

In recent years, due to the rapid growth of information technologies, the country's communication infrastructure has required swift and costly development, which various laws often place under the responsibility of the Ministry of Communications and Information Technology. To fulfill these obligations, the Law on the Authorization of Determining and Collecting Government Revenues in the Postal and Telecommunications Sector (approved on 11/08/2013) has provided significant dedicated revenues to the Ministry of Communications. This law grants the Cabinet the authority to determine three types of dedicated revenues for the Ministry of Communications and Information Technology. An examination of the Cabinet's regulations after 2013 reveals some instances of deviation from the revenues specified in the law. This study analyzes the Cabinet's regulations in implementing the 2013 law and assesses the revenues established by the Cabinet in the postal and telecommunications sector using principles and rules of administrative law. The analysis of the Cabinet's regulations led to the following conclusions: a) In a category of regulations, the Cabinet did not impose new revenues beyond the legally permitted items, but failed to adhere to the legal formalities and requirements in establishing revenues. b) In another category of regulations, the Cabinet has imposed new revenues outside the framework of its legal authority. This research was conducted using a descriptive-analytical method.

Political crime is a function of the rational and legislative wisdom of the lawmakers of each era. Moreover, considering the principle of "the backing of law by social realities, " various temporal and spatial conditions, as well as the circumstances of the political system, significantly influence the occurrence of political crime and the political system's approach to it. Although today, political crime exists in a pendulum between the right to freedom of expression and the liberty of criticism, as well as security offenses such as propaganda against the system and subversion, some countries fundamentally do not align with the concept of political crime at all. Regardless, the central issue of this writing is the relationship between the political system and political crime concerning three topics: "the occurrence of political crime, " "the identification of political crime, " and "the influence of the political system on political crime. " This paper employs a descriptive and analytical approach, utilizing library studies to reach certain conclusions,among them is that the relationship between political crime and the inefficacy of the political system is aligned, while the concept of political crime itself is relative, fluid, and heavily influenced by the political system. This understanding also dynamically affects the scope of identifying political crime and the benefits afforded to the offender.

The creation of a global village has led to an increase in relationships among individuals and consequently to the emergence of legal disputes between them. In this context, harmonizing the laws of different countries will lead to a more effective resolution of disputes. Although previously the focus of legal doctrine was on standardizing substantive rules, coordination of procedural rules received less attention for various reasons, including the perception of procedural law as less important and the generalization of such rights, recent trends indicate a movement towards unifying these rules. This research, utilizing both domestic and foreign sources, has shown that while some legal scholars oppose the unification of procedural rules due to the difficulty of achieving it and various economic reasons, harmonizing regulations is desirable for several reasons. These include economic benefits, advantages of litigation over arbitration, resolution of issues related to overlapping jurisdictions, addressing conflicts in the jurisdiction of foreign courts, and establishing the principle of res judicata at the international level. Thus, not only is it desirable, but it also appears necessary. The conclusion is that the unification of procedural regulations will resolve existing disputes in the legal proceedings of various legal systems, lead to a unified method of litigation, ensure the enforcement of civil judgments—which are the fruits of litigation—and establish justice.

Today, respect for cultural diversity is considered essential for the implementation of the universality of human rights. However, there is a conceptual divergence between cultural diversity and universality in the field of human rights, with respect for cultural diversity appearing closer to relativism at first glance. Nevertheless, a contextual interpretation of human rights is an approach that can effectively bridge the concepts of universality and cultural diversity. This interpretation implies that in recognizing, applying, and safeguarding universal human rights, the cultural, social, and economic contexts of societies must be taken into account. Utilizing this interpretation of human rights requires certain prerequisites, and the existence of a public dialogue is one of these prerequisites. Additionally, public dialogue fosters greater convergence in value domains and can lead to the creation of shared beliefs and values. This research seeks to examine the extent to which and how public dialogue can be effective in providing a contextual interpretation of human rights. Such dialogues occur at the national level among individuals, groups, ethnicities, and subcultures to achieve consensus and a shared understanding of fundamental human rights values.

Match-fixing destroys the most fundamental aspect of sports which is the "unpredictability" of the outcome of the game. The spread of this phenomenon and its entanglement with gambling and irregular betting has doubled the need to deal with it in a comprehensive way and with the cooperation of stakeholders. This article, with the method of content analysis, intends to deal with the Jurisprudence and judicial policy of the Court of Arbitration for Sport as one of the main pillars of international sports law in combating this phenomenon. This article aimes to provide an accurate evaluation of the rules on this subject and to answer the question whether the the Court of Arbitration for Sport, has created an effective solution to "match-Fixing" in light of the international instruments on corruption. The final evaluation indicates that the jurisprudence of the court has provided effective solutions for combating this phenomenon, but in terms  of preventing it, it seems that it has not yet been able to be effective and useful.