فهرست مطالب کارن روحانی

Considering the growing number of human casualties that peacekeeping operations have entailed in recent years, protection and support for peacekeeping forces have drawn further attention. There are fundamental questions in this regard. What are the measures and mechanisms of the international legal system to protect UN peacekeepers? How successful have they been in protecting these forces? This descriptive-analytical study hypothesized that the international legal system used the Security Council resolutions, the Status of Forces Agreement (SOFA), the Convention on the Safety of United Nations and Associated Personnel (1994), the Geneva Conventions of 1949, the Rome Statute of the International Criminal Court (1998), and other documents to devise certain mechanisms and measures for protecting UN peacekeepers. Nevertheless, these mechanisms and measures have failed to yield efficient and satisfactory outcomes as expected. Although all member states are obliged to obey the resolutions of the UN Security Council, the wording and tone of some of these resolutions do not oblige the member states to do so. The SOFA is a bilateral agreement with a limited scope of action in most cases. Moreover, the Convention on the Safety of United Nations and Associated Personnel is a multilateral agreement that has not been welcomed and supported properly by member states, especially those that host UN peacekeepers. Finally, it is difficult to generalize the provisions and protocols of the Geneva Conventions (1949) and the Rome Statute of the International Criminal Court (1998) to the issue of protecting UN peacekeepers.

The concept of "unwilling or unable state" was recently introduced in the discourse of international law and international relations. In fact, the revival of this concept is due to the increasing attacks and threats of non-governmental actors in the sovereign realm of governments, and in contrast, some of these governments are incapable of preventing or deterring the activities of terrorist groups. There are shortcomings and ambiguities in the scope of this criterion, which in turn can impose great costs on international peace and security. This paper intends to define the criterion of reluctance or inability by providing a precise framework, and then critically examines the obstacles to the acceptance of this criterion, and in particular the US interpretation of the use of force in the Syrian conflict. It is argued that this criterion does not apply in the case of Syria because existing international law does not allow for legitimate defense outside the domestic territory, where the host government is reluctant or incapable of dealing with non-state actors Unless expressly authorized by the Security Council or approved by the host Government. Nor has a customary norm been established in this regard.

Spiritual heritage, as an intangible type of cultural heritage, refers to the set of beliefs, beliefs, customs, traditions, arts and performances of a nation or society, which are rooted in their history and culture and are respected and honored by the people of that nation or society. Despite Iran's accession to the Spiritual Heritage Convention (2003) and the commitment to protect this heritage, the lack of separate regulations for the protection and protection of spiritual heritage is an issue that has caused violations of this heritage to not be accompanied by appropriate legal responses. This research deals with the case of exploration in this regard with the theoretical method and tools of criminal law. The main question of this article focuses on the possibility or impossibility of criminal response to the transgressors of spiritual heritage in Iranian law, so that the possibility of criminal treatment of the perpetrators of violation of spiritual heritage in terms of criminal law and Islamic jurisprudence can be investigated. Finally, by examining the existing regulations and their compliance with the Convention on Intellectual Heritage as well as with the laws and practices of some countries, it has been concluded that by applying the existing regulations and providing a logical interpretation of the laws, only a few cases of violation can be criminally responded to. There is a spiritual heritage and the criminal protection of this heritage requires the development of comprehensive regulations and obstacles in this regard.

For a long time, the water crisis has been considered as a serious problem in the Middle East region, which is increasing in intensity day by day. If the countries in this region do not manage and work together, they will face a deplorable situation in the future. Given the size and population of the Middle East compared to the amount of water resources in it, this crisis is really palpable. Currently, different countries in the region are not in the same situation, for example, Turkey has a better position than other countries in the region in terms of population and water resources in its territory. On the other hand, Arab countries such as Oman, UAE, Saudi Arabia, Kuwait and Qatar. They are in a critical situation, but due to the good economic situation and the use of desalination plants, this problem has been partially controlled, but they are still exposed to this crisis. At the other level are Palestine, Lebanon, Syria and Iraq, which have been embroiled in civil and foreign wars for several years, which are intensifying day by day. A distinctive feature of the Middle East compared to other parts of the world is that this region is one of the oldest human habitats, where water in addition to natural needs was used as a weapon in war. However, international organizations, especially the United Nations and relevant international organizations and regional organizations in the Middle East, must play a significant role in resolving this crisis, and the countries of the region must manage this issue through cooperation and solidarity with each other. The purpose of this study is the assessment role of international law in the water shortage crisis and its management based on the participation of countries in concluding international treaties and agreements.

Since 2015 and the peaking of the EU's refugee crisis, the Common European Asylum System (CEAS) has been seriously challenged. In this crisis, the role of the EU's highest judicial authority, the Court of Justice of the European Union (CJEU), has been crucial. In this descriptive-analytical paper, the cases referred to the CJEU on refugee crisis after 2015 have been analyzed, to answer the question: from the perspective of CJEU practice, to what extent the CEAS has succeeded in managing the EU's refugee crisis? The CJEU’s case law has shown a sort of dichotomy that sometimes leans towards fundamental rights and sometimes in favor of the CEAS. Along with the gradual evolution of the court’s judgments related to the interpretation of the CEAS, the dichotomy is being resolved in favor of fundamental rights, which indicates the need for substantial reform of the CEAS. Due to the need of reforming and updating the Foreign Nationals law of Iran, in light of the CEAS’s trial and error, this paper provides a suitable basis for formulating a set of efficient laws for this purpose.

The Universal Periodic Review mechanism is a concrete example of the principle of sovereign equality in Article 1 of the United Nations Charter. This process has left no place for any government to complain about discrimination or superiority of powerful governments. The Universal Periodic Review mechanism supports the three important foundations of peace and security, development and human rights, and is considered one of the most important monitoring mechanisms of the United Nations Human Rights Council, in which non-governmental organizations play an important role. There is no doubt that non-governmental organizations are creative in interacting and cooperating with this international mechanism, but the question is whether they were able to improve their position in this mechanism, unlike other human rights mechanisms, treaty bodies and special procedures, or their role and prove their effective function in creating and promoting the culture of human rights by providing advice and participation in the country under investigation?

This is a scientific-research article and it was written in a documentary (library) method.

This article deals with the role of non-governmental organizations and their influence in applying and implementing the recommendations of the government-oriented mechanism, using the national report of Turkey, stakeholder reports and the Universal Periodic Review info’s database. The recommendations presented in the interactive dialogue express the concerns of non-governmental organizations. The results of this study show that the recommendations of non-governmental organizations, especially their coalitions in this country, are closely related to many of the recommendations of the investigating governments and other human rights mechanisms of the United Nations, such as treaty bodies and special procedures, which are the complementary arm of this mechanism.

In the process of UN peacekeeping operations and in the process of conducting peacekeeping missions in war and occupied territories; Crimes may be committed against women that require prosecution. On the other hand, it should be noted that women and children are exposed to victims, including sexual victims, due to their poor physical condition. According to numerous reports to the United Nations through female victims and sex victims, UN peacekeeping forces appear to be a new and serious threat to women and even to war. Children in areas of the host State are considered. Therefore, in this article and through the descriptive-analytical method, we seek to answer this key question: What challenges and obstacles does the prosecution and punishment of UN peacekeepers for committing crimes of sexual violence against women during peacekeeping operations face? The findings of this article show that according to Article 7 of the Rome Statute, the possibility of applying the jurisdiction of the International Criminal Court to the crime of sexual violence against women by UN peacekeepers faces major challenges and obstacles. In fact, the distinction of the present research compared to other related researches is the exploration, finding and detailed analysis of the current capacities of the international legal system for the prosecution and trial of the mentioned criminals.

The emergence of a new disease called Corona in 2019 made the world face a new crisis that affected all aspects of human life. One of the goals of establishing the World Health Organization was the need to fight against epidemics that are beyond the borders of countries. However, the financial and technical opportunities needed to achieve their goals and the cooperation of the member countries were not always at the optimal level and are not. Experience has shown that half of the financial resources include voluntary contributions for specific programs, but the organization refuses to develop a binding legal rule regarding them. Covid-19 are acting according to the guidelines and guidelines of the World Health Organization. It should be noted that despite all the problems and some mistakes, the organization managed this process correctly with the experience gained from previous epidemics. In domestic law, with the occurrence of this crisis, the functions of the government have also changed, which can be discussed in the three areas of prevention, treatment and the creation of new administrative structures to manage and control the disease. The main question that this research seeks to answer is the investigation of the impact of Corona on the functioning of the government in domestic law as well as the international body in charge of health, namely the World Health Organization. The research method in this study is descriptive-analytical, and the library method was used to collect the sources.

The regulations and foundations of two prominent legal systems known as the common law and the statutory law constitute the principles and regulations of international criminal proceedings in general and the International Criminal Court prosecutor’s jurisdictions and authorities in particular. The transactional nature of the common law, the investigative nature of proceedings in the statutory law, and the simultaneous acceptance of both approaches in the International Court of Justice led to practical uncertainties and ambiguities regarding the International Court prosecutor’s jurisdictions and his/her interactions with tribunals, especially with pretrial branches. Nevertheless, this intrinsic contradiction appears to be largely consistent with the reality of international criminal proceedings, and the current legal principles are adequately efficient in reaching the International Criminal Court goals from a realistic perspective. This contradiction is highlighted when it is considered in judicial idealism. Hence, any ambiguities in authorities will cause injustice and violate the rights of victims or the human rights of defendants. As a result, there is still a substantial gap between the exertion of a prosecutor’s authorities and the principles of idealism.

The European Court of Human Rights (ECtHR), with substantial supports for asylum seekers, has been a diligent advocate of the asylum seekers’ human rights. The refugee crisis that has gripped the EU since 2011 has challenged the Common European Union Asylum System. This paper, through a descriptive-analytical method, aims to answer the question to what extent the refugee crisis affected the ECtHR interpretation of the European Human Rights Convention concerning asylum seekers? Therefore, four areas of human rights were analyzed, which are prohibition of torture and inhuman treatment (article 3 of the Convention), family reunification (article 8 of the Convention), the right of freedom and security (article 5 of the Convention), and the prohibition of collective expulsion (article 4 of Protocol no.4). The results illustrated that the refugee crisis made the ECtHR increase the scope of its interpretation concerning the asylum seekers’ human rights and demonstrated the conflict between human rights and the Common European Asylum System. Moreover, the member states must respect the human rights of asylum seekers when implementing the Common European Union Asylum System and, In the event of a possible breach, cease the implementation of the Common European Union Asylum System.

 One of the hallmarks of the modern age is the expansion and expansion of international relations between nations. This results in the occurrence of natural disasters in which human beings have no role and even in cases where human beings themselves cause irreparable events such as war. Relationships between countries to help those affected in these incidents are maintained and this is not a prerequisite for countries to refrain from providing assistance, as most of these accidents affect children, women, the elderly and people with disabilities. To be. One of the most fundamental principles of the International Red Cross and Red Crescent Movement is the principle of humanity, which requires that all human beings receive humanitarian aid in order to reduce their human suffering. In this thesis, we intend to articulate the theoretical foundations of this right in line with international documents and describe the barriers and limitations of humanitarian assistance in armed conflicts and natural disasters.

 This research is of a theoretical type, the research method is descriptive-analytical and the method of collecting information is library-based, referring to documents, books and articles.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

 Dealing with the situation of victims in armed conflicts and natural disasters is one of the important issues in the field of international law and especially international humanitarian law. On the other hand, the right to receive humanitarian aid is closely related to fundamental human rights. In other words, the violation of fundamental human rights leads to the indirect violation of the Universal Declaration of Human Rights, especially the principle of humanity, which is one of the principles of the International Red Cross and Red Crescent Movement.

 To determine the right to receive humanitarian aid, we must consider two indicators: in the first place, the relationship of the right to receive humanitarian aid with fundamental human rights and in the second place, the relationship of this right with international humanitarian law. In other words, if we ignore receiving humanitarian aid, this will cause countless human tragedies and even in more severe cases, the violation of these rights will be considered a war crime, such as forced starvation. In this article, we intend to state the theoretical foundations of this right in line with international documents and describe the obstacles and limitations of receiving humanitarian aid in armed conflicts and natural disasters.

Since man-made accidents, whether accidental or intentional, lead to disasters such as human and environmental accidents. It may cause irreparable damage to the fundamental rights of human beings, which the most important include the right to life, the right to water, the right to food, the right to shelter and etc. The republic of Afghanistan is an explicit example. For the reason that since the last decades, this country had faced with political, security and human crisis, because of the competition for taking political position by the heads of state, excessive demands by neighboring countries as well as various interests of great powers. And so on, the fundamental human rights have been violated, such as the fundamental principles that are emphasized within the international rules, particularly International Movement of Red Cross and Red Crescent. It is the principle of humanity, based on which all human beings have the rights, just because they are human and this oblige states to observe it.

This article is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library and it was done by referring to documents, books and articles.

Ethical Considerations: 

In all stages of writing the current article, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Examining the legal situation of Afghanistan from the point of view that this situation is one of man-made accidents and providing long-term and short-term solutions to comply with international rules by the Afghan authorities in order to provide relief and help to the people affected in this category of accidents. In this way, to provide aid to the affected people in a legal and principled way through international organizations and even non-governmental organizations.

In order for the Afghan authorities to comply with international rules, we should consider two solutions: a short-term solution means that if the Taliban group complies with the minimum human rights rules and there is real documentation and under the supervision of an international observer, this If the matter is confirmed, it can be recognized as a contract and in this way, assistance can be provided to the affected people in a legal and principled way through international organizations and even non-governmental organizations and a long-term legal solution, which includes: intervention Humanitarian as long as the territorial integrity of the country of Afghanistan is preserved and does not cause more governments to intervene in the worsening of the situation. In this article, we intend to state the theoretical foundations of this category of man-made incidents in the case of Afghanistan, in line with international documents and describe the obstacles and limitations of providing relief and humanitarian assistance to that country and provide solutions to remove the existing obstacles.

As human interventions surpassed the power of natural regeneration, its adverse effects became apparent. The evidence for these destructive effects is such that everyone understands well by comparing the current environment with the past. Increasing the change of use and illegal occupation of government and public lands in recent decades in Iran, despite the existence of laws and regulations in this field and the activity of various executive and judicial organizations to deal with this phenomenon, is one of the basic problems of our country.

This research is of theoretical type and the research method is descriptive-analytical and the data collection is library which has been done by referring to documents, books and articles.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

How to determine the nature and type of land in Iran's criminal policy is not sufficiently coherent and there is no specific definition for the trustees and even the conditions for executors not stated in the law, which leads to severe weakness of diagnostic votes and consequently easily reverse them in the judiciary.

The Iranian legislator has not paid enough attention to the causes of the crime of unauthorized change of land use. This issue has caused that agricultural lands, which are known as the most fertile lands, cannot be preserved for the future generations by maintaining the principles of intergenerational justice, and this condition has provided the basis for the violation of the natural rights of future generations.

According to the researches on the elements and components of precursors of justice in international criminal proceedings, it can be claimed that today the use of these precursors has a high place in the documents and procedures of the International Criminal Court. It is used through various mechanisms at different stages of the proceedings, from the beginning of the investigation to the appeal and execution of the sentence. Restrictions and oversight of the prosecutor's office, the right of the accused to be present at the hearing, the influence of human rights considerations on trials, the observance of the guarantees of a fair trial, the widespread recognition of the right to appeal and many others are just some of the precursors to justice, which are observed within the framework of the International Criminal Court. However, some ambiguities, as well as the dual nature of international criminal proceedings which is rooted in both common law and civil law legal systems, have made it difficult to follow the precursors of justice. However, the establishment of objective elements, as well as a careful and thorough examination of the procedure of the International Criminal Court and Adhoc Triabunals, can provide more objective criteria to ensure a fair trial and ultimately justice.

The emergence of international norms aimed at protecting children is one of the most significant developments in modern international law. In this regard, the abolition of child labor was one of the most important developments that were followed by the General Conference of the International Labor Organization after the formation of the League of Nations. Today, one of the four fundamental principles of fundamental labor rights in the 1998 Declaration of Fundamental Rights is “the abolition of the worst forms of child labor”. On the other hand, in recent years, one of the most important tools for the development of human rights has been the interpretation of the European Convention on Human Rights, which is presented by the European Court of Human Rights. Therefore, in this study, the question arises: “To what extent has the European Court of Human Rights ruled in the development of the rights of working children?” In conclusion, this hypothesis has been confirmed that “the court, with a static interpretation approach and by referring its judgments to the main sources of international law, plays an influential role in the development of the rights of working children, albeit gradually. ” The method used in this research is descriptive-analytical and library tools, documents and electronic resources have been used to collect data.

The protection of agricultural and horticultural lands has an important role in preserving the environment and the continuation of human life, and their protection constitutes the protection of the environment and human life. The change of use of agricultural and horticultural lands is the result of the shortcomings of the existing laws and the inadequate implementation of these flawed laws by its implementers and the disregard for its importance and the opportunism of some profiteers.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Adopting criminal measures to combat this phenomenon is one of the measures that legislators have resorted to. During the stage, the law considered the change of use of agricultural lands important and criminalized it; Such as the Law on the Development of Agricultural Centers approved in 1975 and the Law on Conservation of Agricultural Lands and Gardens approved in 1995. The last law enacted in this regard was the Law on Amending the Law on Preservation of the Use of Agricultural Lands and Gardens, approved in 2006, and its by-laws, which in Article 3 provide for the punishment of demolition and fines for perpetrators of this crime. There will also be imprisonment.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

It seems necessary for the legislator to take greater steps to deal with this phenomenon by removing the ambiguity of this law and determining more practical solutions and using prevention and culture-building methods.

The construction of artificial islands causes numerous environmental damage in addition to their positive consequences. The construction of artificial islands by the Caspian littoral states has caused this issue to be pursued more sensitively by Iran, and in such circumstances, the environmental and legal consequences of this issue should not be overlooked. In addition to environmental pollution caused by human activities and improper exploitation of nature, water pollution in the Caspian Sea region is a major part of the marine ecosystem health crisis of this region. Although some neighboring countries are trying to increase their share of land ownership by creating artificial islands for their economic, tourist and commercial activities, the establishment of these structures in the Caspian Sea is disrupting the health of the natural ecosystem of the Caspian Sea. The health text of the Caspian Sea ecosystem and Iran's protest against the construction of an island in the Caspian Sea due to their environmental issues has been analyzed in accordance with international law, Malaysia v. Singapore, the Netherlands v. Russia, and the international responsibility of states. The findings of this study show that in accordance with the international law of the sea, the construction of artificial islands is not prohibited, but their creation according to international jurisprudence is subject to respecting the rights of neighboring countries and assessing their environmental damage and informing neighboring countries. This research is of theoretical type, its research method is descriptive and analytical and its data collection method is library and with reference to international documents, books and articles.

Corruption as a disease exists in all countries, especially in developing countries and the international community in recent decades, while is aware of the harmful effects of corruption, is seeking to prevent and reduce its effects within this convergence which is created as the global anti-corruption movement. The countries while considering the bribery as a crime, they enforced anti-bribery laws, which have both positive and negative consequences, sometimes reduce the motivation of economic actors to enter corrupt host countries and make trade and investment flows so weak to the extent that if the government officials of the host country receive bribes in the executive actions of their country while participating with corrupt persons, if they are not identified and prosecuted, it will not have a fruitful effect on their domestic legal systems. The question of the present article is what effects the anti-bribery laws have on the foreign trade and investment of developing countries. This research has been carried out on the basis of descriptive-analytical method and legal-economic approach, and its result results show that these laws, in addition to deterrence, sometimes create benefits for the beneficiaries of corruption. In other words by taking an alternative measures, they change the type of investment and corruption, which may intensify inefficient methods in developing countries. On the other hand, the enforcement of anti-bribery laws in the home country of a trader can strengthen the general perception of bribery in developing countries and influence the movement of communities in a destructive cycle of corruption.

One of the main sources of government revenue are taxes that are collected under different names. Tax revenues, constitute a considerable part of the state budget. In a way, it can be said that the activities of the government and its continuation depend on the collection of taxes. In this regard, in the tax law of some countries, including Iran and the United Kingdom, to provide and guarantee taxes, extensive and unique powers and authority are given to the tax system. By resorting to them, it can collect taxes in the fastest time and in the most appropriate way. These executive guarantees are divided in the form of administrative, criminal and civil enforcement guarantees. The latest guarantee of performances is the discussion of criminalization in the amendment of the Direct Taxes Law on 4/31/2015, which will have a significant impact on the implementation of the policies of the tax organization. Of course, it goes without saying that the guarantee of administrative execution has a higher economic efficiency than other guarantees of performances, and in contrast to the guarantee of civil and criminal execution, it is less desirable. Also, with the full implementation of the comprehensive tax plan and the use of new methods of taxation, along with factors such as enriching the tax culture and increasing the obedience of taxpayers and encouraging them to self-declare through tools such as increasing incentives and social services and so on. We expect to see more and more growth and development of the country in the economic field.

The purpose of the present study is to make a comparative comparison between the functions of paper and electronic bill of lading and to evaluate their comparison. The research is of applied type and multi-criteria decision making method. In the first step, resources were searched and collected. Then, the data were categorized and coded. Then, data were compared, evaluated, analyzed and summarized. Hierarchical analysis (AHP) method was used to compare the options. Also; Delphi method (expert opinions) was used to weigh and compare the pairs of variables. For final analysis, Expert Choice software, version 2004 was used. The results showed that the indicators affecting the evaluation of paper and electronic bill of lading are classified into 9 different areas. These indicators include: transfer of contractual rights, transfer of possession, transfer of ownership, receipt of goods, contract of carriage, validity of signature, speed of delivery, registration of information and costs. On the other hand, a pairwise comparison of the indicators showed that the "transfer of ownership" index had the highest weight (0.64) and then the "contractual rights transfer" index with a weight (0.58). The lowest weight belonged to the index "Record various information" with (0.15). In terms of pairwise comparison of weighted indices of both types of bill of lading, the results showed that neither had absolute superiority over the other. Paper bill of lading received more points than electronic bill of lading in the transfer of contractual rights, transfer of ownership, transfer of possession, receipt of goods and contract of carriage. The electronic bill of lading had priority over the paper bill of lading in terms of signature validity, speed of operation, information registration and cost.

In terms of geographical and political location, Iran has a special geopolitical advantage in the region and the world, so it can rely on the knowledge of experts, especially in the field of transportation, to contribute to its sustainable development. The aim of this study was to evaluate the factors affecting the sustainable development of transport by emphasizing the regulation of the bill of lading. The research method is a survey and analytical type that uses the design of the initial conceptual model and determining the four main dimensions (approach, management / social, cultural / environmental, economic) as well as 19 components (goals) to determine the validity and reliability of the model and It fit. The initial research model was tested using structural equation (SEM) method using Smart PLS2 software. The results showed that "managerial dimension" (path coefficient = 0.0527) had the greatest effect on the model of sustainable development of the country's transportation. Then "social / cultural dimension" (path coefficient = 0.5097) and then "economic dimension" (path coefficient = 0.4589) and finally "environmental dimension" (path coefficient = 0.3324). The value of R2 (0.9823) indicates the pattern confirmation.

Almost in all WTO agreements, we are considering the promotion of some elements of good governance to prevent and combat corruption in international trade in order to create a fair competitive environment by creating a conducive business environment. Through meta-analysis, we learned to what extent the World Trade Organization, in addition to the provisions of the agreements, has been able to prevent corruption under the influence of block chain technology. In this regard, the provisions of the organization's agreements and its approach to corruption in international trade were explained and the impact of the use of block chain technology was examined. The study showed that the WTO in the provisions of the agreements obliges the members to observe some components of good governance that are indirectly associated with a preventive approach to combating corruption. It is shown that enjoying block chain technology to set single windows and make use of smart contracts have been considered and used by members according to the relevant agreements. Although the use of this technology has worked well to some extent in facilitating trade, government procurement, and the trade in services, it has led to inefficiencies and challenges in the absence of the necessary infrastructure, which in fact cannot be a viable alternative to powerful institutions that it is created to be replaced.

One of the important indicators of good governance is the fight against corruption, including economic corruption, which the application of unfavorable governance over oil and gas resources may lead to its occurrence. Accordingly, in this article, we seek to examine how the exercise of good governance over oil and gas resources leads to the prevention of economic corruption?Findings and The doctrine of good governance requires that the public sphere be governed on the basis of participation, rule of law, transparency, accountability, productivity and effective performance, and this in particular prevents the occurrence of economic corruption. Prevention of economic crimes related to the governance of oil and gas resources is conceivable in the form of criminal and non-criminal prevention. In the field of criminal prevention, several laws have criminalized various cases of economic corruption. Non-criminal prevention also includes social prevention and the situation that in social prevention, education-oriented measures and the use of public participation capacity, and in preventing the situation, restrictions on the regulation of oil contracts and formal monitoring and control can be effective in preventing economic corruption in oil and gas. Be.

The European Court of Human Rights is at the forefront of the development of human rights in the Council of Europe, and its impact on the development of human rights can be clearly seen outside Europe. The main mission of this court is; the protection, realization and development of human rights and fundamental freedoms are in line with the European Convention on Human Rights. However, in this Convention and its Additional Protocols; there is no specific right to protection of workers' rights, but the European Court of Human Rights has played an important role in the interpretation of its views by referring to the main sources of international law for the gradual development of these rights. The International Labor Organization's Basic Conventions, which emphasize the Declaration of the Principles of Fundamental Rights, adopted in 1998," are among the most important sources cited in court in recent years. Therefore; at the beginning of the research; "To what extent have the rulings of the European Court of Human Rights been influential in the development of fundamental labor rights?". Concluding, the hypothesis was confirmed that "the court, with its static interpretation approach and by referring its views to the main sources of international law, plays an effective role in the development of labor law, albeit gradually." This research is descriptive-analytical and follows the developmental goal and decision-making approach.

After the invasion of Coalition forces into Iraq and Afghanistan, armed groups based on religious beliefs emerged and expanded in both countries. Although the general structure and manifest of these groups were rooted in Al Qaeda thoughts, performance and viewpoint of each of these groups in some issues were different from their other like-minded ones. However, the common aspect of these groups is having an ideological thinking and reference to foundations of Islam and Sunni religion in their acts. Nonetheless, with the emergence of ISIS and its inhumane and terrific acts in Iraq and Syria both during the conflicts and after the domination on cities and villages numerous questions have been raised by observers and critics in this regard. In the present article, these conducts are investigated under the view of International Humanitarian Law and rules and decrees of Islamic International Law (Siyar) and the difference of this group with the rules of International Law and Islamic Law is discussed.