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Issue Info: 
  • Year: 

    2023
  • Volume: 

    13
  • Issue: 

    36
  • Pages: 

    353-374
Measures: 
  • Citations: 

    0
  • Views: 

    23
  • 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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Author(s): 

VAKILI MOGHADDAM MOHAMMAD HOSSEIN

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2018
  • Volume: 

    47
  • Issue: 

    4
  • Pages: 

    763-781
Measures: 
  • Citations: 

    0
  • Views: 

    2358
  • Downloads: 

    0
Abstract: 

Globalization of trade has aroused some controversial issues which should be considered in legal studies. This paper provides an overview of "INTERNATIONAL competition LAW", as an intensive discussion which INTERNATIONAL trade encounters with. The spread of competition LAW around the world has been remarkable. But to initiate INTERNATIONAL competition LAW as a comprehensive system, is unworkable. It can be safe to say that the main reason is the variety of approaches about the competition LAW. The importance of competition LAW in INTERNATIONAL trade relations is undeniable, but it is an insufficiently studied field. The paper, after introducing characteristics, clusters the arenas and the sources of INTERNATIONAL competition LAW. Findings confirm the necessity of harmonization and the importance of INTERNATIONAL cooperation by soft LAW. Given the difficulties of INTERNATIONAL collaboration, this is a considerable achievement. The prevalence of soft LAW asserts that there is no doubt that states are no longer the only or most important actors in global LAW.

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Author(s): 

AZIZI ARYA

Issue Info: 
  • Year: 

    2018
  • Volume: 

    2
  • Issue: 

    6
  • Pages: 

    457-483
Measures: 
  • Citations: 

    0
  • Views: 

    4838
  • Downloads: 

    0
Abstract: 

From the Islamic point of view, it is a proper, sound and worthwhile legal system of human life that has a divine foundation, and since God - the creator of the human person himself picks up, he is able to correctly align the rules and regulations with the requirements And since natural LAWs are invariable, we will also be subject to fixed rules in the field of legalized inspirational LAW. There is no doubt that Islamic INTERNATIONAL LAW was the meaning of the general rules governing the INTERNATIONAL relations of a Muslim country, mainly during the ten-year period of the political life of the Prophet of Islam in Medina. The first Islamic state was formed with the emigration of the Prophet (peace be upon him and his family) to Medina. Prophet Muhammad proclaimed the population of his government with the treaty of Medina Muslims and Jews were the primary members of the population. By conquering Mecca some other lands and Muslims becoming Muslims of those lands, the Muslim population of the Islamic State increased and by the rebirth of the Surah and the proclamation of a treaty signing a treaty in the Islamic State In addition to the Medina Jews, other people from the book also included. In this way, the establishment of the Islamic State in Medina was also created by the entity of nationality. This citizenship was based on one of two criteria of faith or pact. Therefore, one of the bases for dividing political and intellectual currents into the Qur'an is the belief and unbelief of individuals and factions and political and political factions. Therefore, the jurists mention countries as "dare" in terms of their position against Islam, and they identify each and every one as their people have ideologically and politically elected. In identifying countries, Islam also focuses on three major areas: a legitimate and legitimate power that is based on the criteria of Islam, the legitimate power is legitimate, but the rule of LAW, even LAWfully, does not even have the same legitimate legitimacy, and only Due to the urgent need to identify the country concerned. Of course, the need for identification from the viewpoint of Islam and contemporary is also different, because in Islam, identification is continued until the necessity is resolved, while in the interest of the contemporary nations, even this identification will develop and continue.

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Author(s): 

Beigzadeh Ebrahim

Issue Info: 
  • Year: 

    2024
  • Volume: 

    5
  • Issue: 

    10
  • Pages: 

    5-27
Measures: 
  • Citations: 

    0
  • Views: 

    0
  • Downloads: 

    0
Abstract: 

Scientific advancements across various fields, while providing greater comfort and welfare for humanity, have also introduced numerous challenges. One of the most rapidly evolving areas of technological progress can be observed in cyberspace, where groundbreaking innovations are emerging daily. Although the full dimensions and potential of artificial intelligence remain unclear, the Metaverse—a "virtual reality world" that operates as a parallel universe to the physical world—has arisen. In this new realm, humans, through the creation of avatars, and in the near future, potentially through physical presence, can engage in nearly any activity they desire. Despite the Metaverse offering significant benefits across various domains, such as education, art, commerce, and entertainment , it also presents profound challenges to LAW in general, and particularly to INTERNATIONAL LAW, as the legal framework governing the INTERNATIONAL community of states

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

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Author(s): 

ZIAEI BIGDELI M.R.

Issue Info: 
  • Year: 

    2006
  • Volume: 

    7
  • Issue: 

    15-16 (SPECIAL OF LAW)
  • Pages: 

    7-18
Measures: 
  • Citations: 

    0
  • Views: 

    4339
  • Downloads: 

    0
Abstract: 

Understanding Methodology of each subject, in principle, is the best way to know about it. Methodology of INTERNATIONAL LAW can be used in two senses: a broad sense, and a narrow sense. In its broad sense, it is all the methods that can be used to find a scientific understanding of INTERNATIONAL LAW; whereas, in its narrow sense, it means all the methods can be used to discover norms and principles of INTERNATIONAL LAW.The purpose of methodology of INTERNATIONAL LAW in its narrow sense is to discover various rules and principles of substantive LAW. For instance, a judge should apply this methodology to find out what are the rules and principles of LAW regarding each particular case?The most important approach for logical analysis of INTERNATIONAL LAW is inductive and deductive approaches.Inductive approach, which is a sort of experimental method, and is influenced by sociology, that is to watch and observe effects of rules of LAW on INTERNATIONAL community.In deductive approach, or analogical reasoning, rules of INTERNATIONAL LAW should be found out through process of reasoning based on the legal facts and principles, or procedural methods of creating a rule of LAW.Methodology of INTERNATIONAL LAW cannot be distinguished from the issue of sources of INTERNATIONAL LAW, because searching for applicable and enforceable rules in practice, seems impossible without having a guideline for this search.In principle, methods for finding out a rule of INTERNATIONAL LAW should be distinguished from its application. Each rule of LAW can be applied only after it has been found.Methodology of INTERNATIONAL LAW is based on two scientific approaches: one is experimental and the other is logical. Through the experimental approach we may find out the social needs and requirements, but this social understanding can be obtained only when logical approach comes to help.This approach can be utilized in a correct understanding, recognition, and analysis of rules of INTERNATIONAL LAW.

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Author(s): 

LAPIDOTH RUTH

Issue Info: 
  • Year: 

    1987
  • Volume: 

    -
  • Issue: 

    81
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    143
  • Downloads: 

    0
Keywords: 
Abstract: 

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Author(s): 

SHEIKH UL ISLAMI S.M.

Journal: 

NAMEH-YE-MOFID

Issue Info: 
  • Year: 

    2004
  • Volume: 

    9
  • Issue: 

    6 (40 LAW)
  • Pages: 

    5-18
Measures: 
  • Citations: 

    0
  • Views: 

    9950
  • Downloads: 

    0
Abstract: 

Fraud to the LAW is one of the important issues of private INTERNATIONAL LAW and one the notable topics of the conflict of LAWs. One could give two relatively different meanings of the concept of fraud to the LAW. First, avoiding the proper domestic or foreign LAW accompanied by voluntarily changing the connecting elements such as nationality and domicile. This study shows that the avoidance of the parties from the appropriate LAW is not always with the change of the connecting elements. A modem meaning of the concept of fraud to the LAW refers to the avoidance of both or either of the parties from the applicable LAW with a change of legal relations. From a substantive point also, the study of fraud to the LAW indicates that two material and mental element contribute to the establishment of this legal institution. But ascertaining the mental element, that is, the fraudulent intent of the parties or one of them is not an easy task. It seems that according to Iran’s private INTERNATIONAL LAW and on the basis of Article 990 of the Civil Code, in order to prevent fraud to the LAW, those Iranians who have acquired foreign nationality are allowed to return to their Iranian nationality only if the Iranian government accepts their application and exercises its discretion.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    19
  • Issue: 

    3
  • Pages: 

    63-67
Measures: 
  • Citations: 

    0
  • Views: 

    16
  • Downloads: 

    0
Abstract: 

Background: INTERNATIONAL LAW has undergone tremendous changes in recent decades. One of these developments is the humanization process of INTERNATIONAL LAW, which has been identified as human rights in the INTERNATIONAL arena. Human rights have a universal nature and function and are not limited to time and place. Therefore, the ethics of human rights is universal. This category of ethics should be considered in the seas as it is considered on land. Human ethics dictates that all people in the sea have their human rights without any discrimination. There is no reason to deny and disobey the ethics of human rights at sea. Therefore, the present study was formed with the aim of investigating the ethics of human rights in the marine environment. Conclusion: One of the most important areas where the concept of human rights ethics can be applied is the environment of seas and oceans. Among the important cases that can be mentioned in this context are: drug and psychotropic drug trafficking, piracy, maritime terrorism, marine environment, slave trade, common heritage of humanity, immigration and asylum, rights of seafarers and forced labour on ships and vessels and so on. The lack of a comprehensive human rights treaty that covers all the above-mentioned issues in the field of seas is well felt, and there is room for effective measures to be taken in this regard by the relevant INTERNATIONAL institutions, headed by the United Nations.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    23
  • Issue: 

    2 (104)
  • Pages: 

    135-157
Measures: 
  • Citations: 

    0
  • Views: 

    1559
  • Downloads: 

    0
Abstract: 

Armed conflicts in each and every place of this planet have different consequences, one of the most important of which is the destruction and damage to the environment. In order to protect the environment in INTERNATIONAL armed conflicts, the rules for environmental protection in the areas of INTERNATIONAL LAW has been conducted and the principles and rules of INTERNATIONAL responsibility of governments have been explained the destruction of the environment in the conflict and their obligation to compensate for the damage. These areas are currently subject to the general rules of INTERNATIONAL responsibility in INTERNATIONAL public LAW, due to the significant progress made by INTERNATIONAL environmental LAW and INTERNATIONAL criminal LAW, in recent decades, the elaboration of specific INTERNATIONAL rules for protecting the environment in INTERNATIONAL armed conflicts is necessary. This article attempts to examine the limits and effects of the responsibility of States resulting from these violations by analyzing the rules governing INTERNATIONAL environmental LAW and INTERNATIONAL criminal LAW. Identifying the challenges and complexities associated with determining the INTERNATIONAL responsibility of governments in this regard is another achievement of this study.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2025
  • Volume: 

    8
  • Issue: 

    24
  • Pages: 

    -
Measures: 
  • Citations: 

    0
  • Views: 

    11
  • Downloads: 

    0
Abstract: 

This study offers a structured analysis of environmental protection mechanisms under INTERNATIONAL human rights LAW and INTERNATIONAL humanitarian LAW. Employing a descriptive-analytical approach, the research reveals that while these two legal regimes share common foundations such as the protection of life and human dignity they apply distinct methods to safeguard the environment. INTERNATIONAL human rights LAW provides indirect protection by “greening” core rights, particularly the rights to life, health, and an adequate standard of living. Conversely, INTERNATIONAL humanitarian LAW articulates explicit legal norms that limit environmental harm during armed conflict, as reflected in the 1977 Additional Protocol I and other relevant conventions. The comparative assessment highlights the advantages and shortcomings of both systems: human rights LAW demonstrates adaptability in addressing emerging environmental issues, whereas humanitarian LAW imposes stricter standards for preventing intentional environmental destruction. Despite their differing scopes, both frameworks face similar implementation and monitoring challenges. The study ultimately argues that fostering convergence between these regimes and enhancing oversight mechanisms is crucial for developing a comprehensive INTERNATIONAL legal framework for environmental protection. It further recommends that binding legal obligations be strengthened to address growing environmental threats and fill current legal gaps in both peacetime and conflict settings.

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