احمد مومنی راد

Child sexual slavery constitutes one of the most severe forms of human rights violations and transnational organized crimes, which have been specifically addressed by the international human rights system and international criminal law instruments, particularly the United Nations Convention against Transnational Organized Crime and its supplementary Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This article, using a descriptive-analytical approach, examines the legal dimensions of child sexual slavery within the international legal system and evaluates the effectiveness of the Palermo Convention's mechanisms in prevention, prosecution, and victim protection. The findings of this study indicate that the Palermo Convention, through its tripartite approach of prevention, protection, and punishment, provides a broad legal framework for international cooperation in combating child trafficking for sexual exploitation. However, challenges such as the weak enforcement of state obligations, lack of coherence between domestic and international legal systems, and issues related to victim identification and support have hindered the full realization of the Convention's objectives.

Today, the forced migration of individuals has significantly affected European countries. In principle, individuals should not face persecution or violence in their homeland due to reasons such as race, religion, nationality, membership in a particular social group, or political beliefs. In this context, the European Court of Human Rights has facilitated the protection of refugees by interpreting Article 3 of the European Convention on Human Rights. In this paper, through a descriptive-analytical method, we have examined and analyzed the legal dimensions of the principle of "non-refoulement" and the judicial practices of the European Court of Human Rights in supporting refugees by studying relevant international and European treaties. By comparing the laws of the European Union and the protective standards for refugees in the European Convention on Human Rights, differences can be observed that have been addressed in this research. It is believed that this contradiction has led to the dual approach of member states of the Union in this regard and has resulted in differing rulings in similar refugee cases.

The recovery of assets derived from corruption crimes plays a ‎decisive role in preventing corruption offenses. However, traditional ‎or direct asset recovery, which is based on formal cooperation ‎between states, has become practically unsuccessful due to the rapid ‎transfer of corrupt criminal assets from one country to others and the ‎complexity of accessing criminals when they flee. This situation has ‎shifted the focus of judicial, law enforcement, and intelligence ‎agencies towards informal asset recovery, which is based on ‎principles of speed, efficiency, and reliability. Alongside informal ‎recovery, indirect recovery is also considered a new strategy in the ‎field of asset recovery. The main question of this research is what ‎capacities and barriers exist in international law regarding the ‎identification of new strategies for the recovery of assets derived from ‎corruption crimes for the Islamic Republic of Iran. The findings of this ‎research indicate that, firstly, given the rapid transfer of corrupt ‎criminal assets from one jurisdiction to another, the new international ‎legal system has focused on informal mechanisms for recovering ‎assets derived from corruption crimes, such as STAR, IML, etc. ‎Currently, Iran is only a member of one of these mechanisms, and the ‎legal status of this type of cooperation with these frameworks remains ‎undefined. Secondly, attention to the indirect recovery of assets should ‎occur alongside direct recovery, and in this context, some formal ‎mechanisms for asset recovery, such as confiscation without a ‎criminal conviction or administrative confiscation accepted in the ‎Merida Convention, have not been recognized in Iran's legal system.‎

Today, cases such as international terrorism, misuse of civilian aircraft as a weapon with high destructive power, transfer of weapons of mass destruction, piracy and hijacking in the high seas threaten international peace and security. One of the effective tools of governments in this regard is to control and monitor the flow of civil aviation, which is being carried out according to ICAO operational standards and regulations. Inspection and, if necessary, interception of civilian aircraft is one of the early stages of the control and monitoring process. In this article, the interception of civilian aircraft over the high seas is examined based on the principle of territorial sovereignty and the protection of international peace and security. It is not under the jurisdiction of any country (open seas), what is its status and justification, and if it is allowed, under what conditions and principles should it be done? It seems that governments, as members of the international community and in line with taking care of national security in the first place and international peace and security in the second place, have taken measures in the field of exercising territorial sovereignty and fulfilling obligations related to participation in taking care of public order and security, which is necessary The development and progress of the world is done, which includes the interception of offending civilian aircraft, an issue recognized by the rules of international law and supported by the Security Council as the main founder of international peace and security.The current research is applied in terms of its purpose, and in terms of the method of collecting information, it is a library, and the data analysis will be done qualitatively and with the descriptive method and content analysis.

The purpose of the research is to examine international sanctions against the Islamic Republic of Iran from the perspective of international law, with an emphasis on nuclear issues. The main research question: To what extent do international sanctions against the Islamic Republic of Iran comply with the rules and principles of international law, especially in the field of nuclear issues, and what impact have they had on Iran’s legal and political position in the international system?Research

This research is conducted in a descriptive-analytical manner using library and documentary sources. Data is extracted through content analysis of international documents, resolutions, treaties, and legal opinions and is examined using an international law approach. Then, using comparative analysis, the legitimacy and effectiveness of the sanctions are evaluated.

International sanctions against the Islamic Republic of Iran began in 1979 and have gradually expanded and have affected the economic, commercial, and financial fields. The UN Charter allows sanctions only within certain limits, but the US sanctions against Iran have been largely political. Iran has been targeted for its peaceful nuclear activities, which are the exclusive right of states under the Non-Proliferation Treaty (NPT). There is legal disagreement about the legitimacy of these sanctions internationally.

Separation from the family, deprivation from education, lack of access to nutrition, health, treatment, and humanitarian aid are examples of the dangers to disabled children during an armed conflict. The legal status of children with disabilities - who are considered to be the most vulnerable minorities during armed conflict due to their special circumstances – is an important issue in international humanitarian law in recent years. The present study seeks to answer the question: what are the rights of these children in armed conflict and how to ensure them? Our assumption is that by relying on relevant human-rights and humanitarian instruments in this area and the practical actions taken by the international community, the rights of these children is moving in a direction that puts them on an equal footing with others in terms of general humanitarian protection and prioritizes them in benefiting from the humanitarian aids.

A delicate balance between energy security and public health within the framework of international investment law, with a focus on the nuclear energy industry, is desirable. Nuclear energy plays a significant role in meeting the world's energy needs. However, the environmental and health hazards associated with this industry, including the risk of radioactive leaks and the production of nuclear waste, have raised serious global concerns. In this context, substantial investments in the nuclear industry have created conflicts between the interests of investors and the requirements of environmental protection and human health. One of the fundamental characteristics of law is the regulation of economic and social relations in various fields. Energy is one of the most important and influential components in social, political, and economic relations. The importance of energy is undeniable. Energy problems have always been a fundamental issue for all countries. The exploitation of energy resources is in the hands of governments, but developments in the international community and international law have led to limitations on governments in exploiting energy resources. Excessive use of energy has confronted the world with two simultaneous threats: one, the lack of access to secure and sufficient energy at affordable prices, and the other, the threat to human health resulting from excessive energy consumption. This article seeks to understand how these two needs can be addressed in a balanced manner, ensuring both the attraction of investment for energy resources and the avoidance of the impact that energy resources can have on public health.

Having the right to health is an inalienable human right and is considered one of the main features of an ideal society. This right has attracted the attention of thinkers and many jurists due to the existence of some issues such as infectious diseases. The most important goal of this article is to examine this right in line with order and security.

This research has used a descriptive-analytical method as well as a survey method with a random sample selection through a questionnaire.

In this research, the right to health has had a special place in the legal system in the light of citizenship rights. According to the principles of Article 43 of the Constitution and Article 8 of the Civil Service Management Law, the right of everyone to have access to health and medical services and insurance premiums, providing and guaranteeing the right to health is one of the duties of the government. This right has a direct relationship with the issue of order and security in such a way that if the right to health in the society is ensured for the citizens, the security of health and social security is established in the society.

The right to health can be considered one of the fundamental rights of citizens, which is necessary for the fulfillment of other rights. Article 43 of the Constitution, Article 8 of the Civil Service Management Law, the right of everyone to access health and medical services and insurance premiums, is responsible for providing health and medical services. They are responsible for providing healthcare services. Therefore, the right to health and its guarantee is considered one of the main characteristics of a desirable human society, the possession of which is the reason for staying immune from all kinds of widespread diseases and obtaining suitable health care for citizens, so that they can protect themselves in times of outbreaks of infectious diseases. Have the existing capacities provided by the governments.

Undoubtedly, human rights are among the achievements of modern international law. One of the most controversial topics in this field is the binding origin of its rules. It is obvious that those human rights rules that have a contractual origin are accepted by the signatories. But the problem starts precisely from the fact that some subjects of international law (international organizations) are not members of human rights treaties, except in exceptional cases such as the European Union, and in case of violation of the mentioned provisions, they will not be held responsible. To solve this problem, it is necessary to find a non-contractual source  which can cover all subjects of international law, especially international organizations.

The culture of every nation is made up of values and beliefs that determine the identity of people, which undergo changes and transformations and sometimes attack during the process of globalization. Paying attention to the consequences and dangers of cultural invasion can have an all-round and extensive effect on various dimensions of political, cultural and economic rule and affect the rule in the territory. The present descriptive-analytical research seeks to understand the concept of cultural invasion and its various examples from the perspective of international law. This research shows that although it cannot be claimed that cultural affairs remain exclusively within the national jurisdiction, propaganda and cultural genocide are the most important examples of cultural aggression, and international law provides various tools such as self-help, legitimate defense, and cultural sanctions for the government under attack. By using the general standards of international responsibility, where the cultural invasion is contrary to international legal rules, the responsibility of the violators can be demanded.

Indigenous rights are a set of rights that take the indigenous peoples particular situation into consideration and define certain standards to preserve their lives, territories, languages, religions, and other cultural heritage, all of which constitute their identity. The present paper raises the question whether investment in development plans and projects threatens the rights of indigenous peoples or not? If so, which rights are threatened by them, and what are the bases for such claims in international law? Furthermore, what is the solution for balancing the rights of the indigenous people and the rights of the investor? This study, by examining the 1989 ILO Convention No. 169 (Indigenous and Tribal Peoples Convention) and the 2007 United Nations Declaration on the Rights of Indigenous Peoples, seeks to propose that development and investment programs affecting the indigenous peoples must be implemented after consulting with them and in accordance with the rights specified in legal instruments. The study will also propose ways to balance the rights of the indigenous peoples and the rights of the investors.

Today, one of the problems of mankind is the catastrophe of disrupting the ecological balance, which is bioecology, nature killing, crime against the environment, or ecocide to any kind of extensive damage and destruction of natural landscapes and disruption or destruction of the ecosystem(s) of a region. It is said in such a way that the continuation of the existing species in that ecosystem(s) is endangered, this article seeks to identify criminal and non-criminal preventive responses to the phenomenon.

The present research is done in a descriptive and analytical way.

Green criminology, green cultural criminology, global criminology, and climate change criminology are considered the most important criminological foundations of environmental crime prevention. And the principles governing the prevention of environmental crimes (ecocide) include the principle of caution and prediction of environmental crimes, the globalized principle of environmental prevention, the principle of doing no harm and the prevention of environmental crimes, and the principle of participation in the prevention of environmental crimes.

The results of the research indicate that the solutions for the prevention of environmental crimes are possible by emphasizing the phenomenon of ecocide in the two axes of criminal prevention in the form of identifying ecocide as an international crime against peace and accepting criminal responsibility for governments for the crime of ecocide and non-criminal prevention can be presented with two approaches of situational prevention through problem identification as an operational solution and the use of new technologies, as well as social prevention through the role and position of non-governmental organizations, education-based prevention and the role of mass media.

Today, one of the main concerns of the Committee for the Peaceful Use of Outer Space (COPUOS) and its subcommittees is the issue of militarization in space law. Top space countries such as the United States, Russia and China have added to this concern by using advanced space military equipment. Therefore, the international community must look for desirable and practical solutions to solve this problem in order to prevent militarization and the creation of an arms race in space. Based on this, the present article tries to investigate the military prohibitions governing space activities in order to prohibit such activities in outer space by analyzing the military use of space and legal documents and explaining the conventional and customary system governing space treaties and by examining some dual-use space-based weapons; Conduct a descriptive analysis and reveal more about the negative aspects of the military use of space.

In 2015, a statement was issued by an assembly of governments, led by Europeans who were often energy importers. The energy-rich countries did not want to join the 1994 treaty due to the heavy obligations and the new global developments related to energy. The energy importing countries, with the initiative of the European countries, sought to create an agreement between two groups of countries, i.e. energy producers and energy importers. The strategy of issuing the statement in 2015 was aimed at creating convergence around the 1994 energy charter without putting the burden of authorship on the governments. Examining the impact of the charter on persuading the countries of the first group to cooperate around the 1994 treaty is the subject of this research. The International Energy Charter, without wanting to oblige the target countries to undertake obligations towards the global energy community, was able to gather some energy-owning countries around the global energy legal system for cooperation. The result of such a process has been an increasing and little result in the impact of the 2015 charter on increasing convergence to enhance the 1994 treaty.

The European Court of Human Rights (ECHR) is seen as the most important human rights judicial body not only in Europe but also around the world. However, with its decisions in such cases as Bahrami and Saramati, the ECHR has reduced its popularity and authority as a defender of human rights. Nonetheless, by applying the criterion of "effective control" instead of "ultimate control" for assigning responsibility to international organizations in the Bosporus case, the court seems to have recovered its credibility. This is so despite some well-founded criticism of the Court's decision in this case. This is the topic that the present article seeks to explain by analyzing the ECHR' judgement in the Bosporus Airways v. Ireland case.

The idea of good governance has been raised as one of the most challenging topics in recent decades in the international arena, for this reason, this article, with a descriptive-analytical approach, discusses and examines the capacities of the constitution in realizing good governance with an emphasis on supervision, and the result The discussion shows that: the element of supervision is an integral part of any good government and therefore it is necessary to look at the realization of the idea of good governance from the perspective of this important and fundamental element. In our country, sufficient attention has been paid to the monitoring system, and mechanisms for the better efficiency of this system have been embedded in the laws.However, although the components of the idea of good governance in the legal system of Iran have been noticed, this idea in its true sense as defined by its designers does not flow in our country, and it is necessary to explore and exploit this important category in the legal system. Setting and policy making and implementation of the matter benefited enough..

Information in petroleum contracts and petroleum projects is inevitably exchanged between investors (contractors) and host states (owners). There are some data in the petroleum industry that are highly valuable, and they can have a major impact on the competition between oil companies. Within a reasonable legal system, transparency is an essential feature that limits confidentiality. Considering this contrast, it is imperative to understand confidentiality strategies in petroleum contracts. This will help us to devise better policies regarding confidentiality and transparency in the oil and gas industry. In this research, we have distinguished and examined confidentiality and transparency strategies in the petroleum contract. According to the results, a strict confidentiality strategy was the worst strategy because it is at odds with international norms and ineffective for keeping information confidential.

The purpose of examining the relationship between the invitation to intervene and the issue of the right to self-determination of the people from an internal perspective. This aspect of the principle of the right to self-determination requires that people be free to choose their political system, demand fundamental reforms, or even call for a change of government under certain conditions. Today, the right of the people to self-determination is recognized as a right that guarantees their fundamental rights, and what makes this right more prominent is the role that the people of a society play in their sovereignty to guarantee the rule of law and democracy. What is clear is that the participation of the public is the cause of the legitimacy and acceptability of the actions of the government and the government, and in the absence of public participation, the actions taken are questionable, questionable and objectionable, because non-public participation in elections is not approved by the majority It is contrary to the generalities and preambles of the constitution and the principles mentioned. The interpretation of the Constitution without considering all its pillars, especially the preamble and all the principles that are integrated and hierarchical, is not considered an impartial and scientific interpretation. Any action of legal institutions that leads to a decrease in the participation of the people in determining their own destiny is unjustifiable and incorrect and will only result in increased distrust and is an unconstitutional action approved by the Iranian people.

Following Human painful disasters in the Second World War, The attention of the international community was focusing on protecting human rights. In this regard, the adoption of the Universal Declaration of Human was considered as a milestone in protecting human rights and Leading to the adoption of several other human rights instruments in world level. These instruments for the promotion of human rights, the monitoring on the implementation of human rights and consider situation of violation of those rights, created a series of executive mechanisms in the world dimension and Have given them powers. Although these mechanisms have had a good Function In the context of the more effective implementation of human rights standards Included in international instruments.

the present topic has sought by descriptive-analytical method and with regard to collecting mainly qualitative research information by library method and in the form of using documents, books, authoritative articles and related websites.

Legal studies show that politicization in the Human Rights Council, disregard for international human rights regulations by states in the High Commissioner for Human Rights. lack of guarantee for states accountability in Implementing the recommendations and standards of human rights at the domestic level in the Commission onthe Status of Women and finding refuge for refugees at the United Nations High Commissioner for Refugees are the most important challenges facing Charter-based bodies. Charter-based bodies also face challenges such as lack of coordination, resource constraints, increasing the number of documents, and so on.

The expansion of international relations, as well as the expansion of various political and social issues in the world, has led to an increase in the relations of the people of the world, followed by the entry of foreign nationals into different countries, which can in some cases lead to conflict with the interests of the host country. Various legal issues. But this entry of citizens in time of war and special conditions of war, finds its own characteristics and legal dimensions. Accordingly, the purpose of this study is to examine the rights of citizens to deal with deportation and deportation during wartime in international law and its important and fundamental challenges. In time of war, the conditions and rules of deportation are different from in time of peace. Even a country that was a neighbor and ally before the war, changes the course of its relations with the onset of war, the first effects of which are seen in the expulsion and persecution of its citizens. This article seeks to study the rights of citizens to deal with deportation and deportation in international law through descriptive and analytical methods. The results show that the expulsion of aliens, even in times of armed conflict, must be based on formal and substantive deportations under peacetime international law, such as human rights restrictions.

At first CITEJA on 1933, then ICAO on 1952, 1978 and at last on 2009 adopted the CONVENTION COMPENSATION FOR DAMAGE CAUSE D BY AIRCRAFT TO THIRD PARTIES (Convention on General Risks ) for unification of aviation regulation for damages caused by aircraft in international flights. We try to express the bases, conditions, advantages and disadvantages of convention on General Risk 2009. Actually evaluation of accession to that convention, and also review of that is significant. Liability in Convention at the first step is based on Negligence (Fatal based), and in absence of negligence, is based on Strict liability. Iran does not have a special law and regulation, and judgments of Iranian courts is based on civil (Tort) and criminal laws of that, but regarding to Convention on General Risks is notable, If the operator approves that the damage was not due to its negligence or other wrongful act or omission or that of its servants or agents; or was solely due to the negligence or other wrongful act or omission of another person, the compensation will be limited, but in otherwise operator should base on dissipation and strict liability compensate completely.