farid azad bakht

The ideas of Immanuel Kant in the history of legal and political philosophy over the past two centuries, as well as those of John Rawls at the end of the twentieth and the beginning of the twenty-first century in the field of justice, reflect the rise and fall of justice in modernity. Following this trajectory, Rawls' views and theories lost their effectiveness due to various challenges, after which Kantian perspectives revitalized legal and political liberalism. The outcome of this intellectual revival was the Universal Declaration of Human Rights, which emerged as a universal model for the expansion of liberalism. Although the adoption of the Universal Declaration of Human Rights is often attributed to multiple factors, particularly war, discrimination, and crimes against humanity, Kant’s perspective cannot be overlooked in the normative foundation of the declaration. The central question of this article is: What are the theories of these two philosophers regarding justice, and which of their views align more closely with the Universal Declaration of Human Rights? The hypothesis examined in this study suggests that while Rawls had an impact on the epistemological and philosophical system of modernity and the foundations of the Universal Declaration, the concept of justice in the declaration is more influenced by Kantian theories. The research method employed in this study is descriptive, and data has been collected through library resources.

With the end of the Cold War, a new chapter in relations between governments began. Among other things, the criteria that existed around the recognition of a newly established government were changed. Emphasis on concepts such as peace, democracy, self-determination and human rights caused democratic legitimacy to be proposed as a new element for the recognition of a government. This article aims to examine the place of democratic legitimacy in the field of government recognition. The hypothesis of the research is based on the fact that the criterion of democratic legitimacy has to a large extent been able to challenge the “exercise of effective power” which was the basic criterion for the recognition of a state in classical international law. The findings of the research indicate that with the passage of time, international actors, including countries and international organizations, have implicitly always included democratic legitimacy in identifying new governments more than in the past. The results of this study also confirm the fact that currently the position of democratic legitimacy in the identification institution is surpassing the criterion of effective control and the international instruments and mechanisms in this field, although implicitly, are trying to support it as much as possible. This article has been compiled by collecting and reviewing the documents and literature produced around the topic under discussion in a descriptive-analytical method.

International protection of human rights, regardless of the global level, has also been considered at the regional level. In this case, regional intergovernmental organizations have ratified regional human rights instruments, the most prominent of which are the European, American and African human rights conventions. In order to monitor the proper implementation of human rights regulations, prevent any violation and infringement of the human rights of citizens of member states, and ultimately improve the status of human rights, these conventions have established executive mechanisms at the regional level and assigned them with competencies and tasks. Although these mechanisms have had an acceptable track record, they also face challenges. In the present article, an attempt has been made to identify and examine the most important and serious challenges facing regional human rights mechanisms and solutions to overcome the current situation. The implementation of human rights should be at the national and local levels, because the mechanisms of institutions based on international treaties have challenges and shortcomings that require continuous efforts to resolve. Therefore, strengthening these institutions can be considered one of the most important solutions.

Terrorism in today's world is known as one of the main factors of chaos. Some countries are trying to achieve their goals by using this phenomenon as a tool. In this regard, the unprecedented order and the official announcement of the assassination of internationally supported persons, including the commander of the Quds Force, by the President of the United States of America, is an example of a crime that violates treaties, customary rules, and international legal principles, and its new forms, which are carried out by the heads of other countries. It is imitative, it threatens the peace and stability of the world community. Considering that the terrorist act was committed in the territory of a foreign country under the supervision of foreign nationals, the victim country is not easily able to prosecute the perpetrators and supervisors of that incident. This is because the terrorist act took place outside the territory of the Islamic Republic of Iran and the principle of territorial jurisdiction, which is the basis for determining the competent courts and recognizing the laws governing them, is not applicable. Invoking pre-emptive defense by the US lacks the necessary elements to attribute the act to Iran. Resorting to force is prohibited in international law, and states have the right to legitimate defense only when they are attacked by armed forces; recognized; Therefore, America's action is in direct opposition to Article 51 of the Charter and has no consistency with other international principles. Strategies such as applying the principle

The concept of "resistance" has been one of the main concepts of the foreign policy discourse of the Islamic Republic in the era after the victory of the Islamic Revolution; This concept refers to the negation of any order based on the dominance of Western and Eastern powers and the rejection of regional and international arrangements affected by the dominance system on the one hand and the attempt to redefine the regional and international status of nations and societies that are Dominion has been oppressed. For this reason, the axis of resistance, which is derived from Iran's military-security, diplomatic and cultural efforts in the countries of Lebanon, Syria and Iraq, has been one of the most important indicators of the country's foreign policy discourse in the last few years, especially in the fight against ISIS. Martyr Qassem Soleimani's managerial and security role as the most important commander of the resistance field made his position prominent in this discourse, and with his testimony, Iran's hostile approach towards the commanders and perpetrators of this terror was intensified. For this purpose, this article seeks to find the answer to this question, considering the position of Martyr Soleimani in the discourse of the axis of resistance, on what basis is his criminal pursuit in the international law system based? In response to this question, as a hypothesis, it should be said that the criminal prosecution of the perpetrators and commanders of Qassem Soleimani's martyrdom is based on the discourse of resistance and based on the approach of negating domination and weakening it in order to promote the discursive position of resistance. From this point of view, it should be said that the approach of this article was legal; Also, this article has been collected by descriptive and analytical method and its data is documented.

The new international law system has its roots in the thoughts of thinkers who have challenged some realities caused by the existing order and have advanced things to the point that when the governments refer to the existing international principles and foundations, the human perspective based on the thoughts of thinkers such as Immanuel Kant has transformed it in the last two hundred years. In this system, the sovereignty and international legitimacy of governments is dependent on their internal legitimacy and, in a more precise sense, the moral and human aspect. Now the question is, how has Kant's thought influenced the common paradigm of international law subjects? In relation to the mentioned question, this hypothesis is valid, paying attention to human thoughts and Kant's concept of peace and free will to the subjects of international law has become other human values, which creates a tremendous change in the concept of sovereignty. that the descriptive-analytical method was used to collect data from library and documentary sources, so as a result of his thought, he was able to transform the beliefs of his era into the evolution of the concept of sovereignty and humanism, and after Kant, governments and subjects of international law could not use their will They achieve legitimacy for their actions even in some times.

The nuclear technology project got off to an unfavorable start, as it was linked with military programs and atomic bombings. However, following the devastating events of Hiroshima and Nagasaki, there was a gradual shift toward recognizing the potential of this valuable energy source for peaceful and humanitarian uses. As such, the utilization of nuclear technology for the betterment of humanity gained prominence in the 1960s. This article employs a descriptive-analytical methodology to address the question of whether nuclear technology can be effectively harmonized with environmental considerations. It is argued that the symbiosis of nuclear technology and the environment is feasible, refuting the legal and logical justifications behind the restrictions imposed by nuclear-armed nations to prevent other countries from accessing nuclear energy under the guise of non-proliferation efforts. The findings of this study indicate that nuclear technology has contributed to significant advancements in various domains, including agriculture, medicine, and industry. For instance, nuclear medicine now plays a pivotal and decisive role in diagnosing and treating numerous diseases. Moreover, the applications of nuclear technology extend to electricity generation, the development of materials with exceptional properties, and the production of agricultural products resistant to pests and drought. These examples underscore the diverse and beneficial applications of nuclear technology in medicine, industry, and agriculture.

The present study was conducted to examine the position of rule-making in international law in the post-state-centric era, and it was carried out through the study of documentary and library sources. All legal systems have mechanisms for enacting rules; however, this issue faces challenges in the international legal system. This is because, in international law, there is no written law that explicitly defines rule-making powers, nor is there a legislative body that can impose international rules on states without their consent. Rule-making in international law had long been carried out through treaties and customary law—although today, one cannot deny the significant role of these two legal sources. In addition, judicial interpretations also play a remarkable role in the growth and development of international law. In the post-state-centric era, considering the developments of the international community, merely declaring rights by the most important international judicial body overlooks the potential effects that it can have in addressing gaps or the absence of rules and, when necessary, in amending existing rules and introducing new concepts. By recognizing such a role for the Court as an institution that seeks to discover and clarify rules through its interpretations, the further development of international law can be facilitated.

In today's world, one of the most important features of the international system is the global protection of human rights, which has a direct and important effect on the dignity and credibility of governments with other international actors. The research results show that methodological limitations can provide new insights into human rights that are useful in complying with human rights treaties and documents. Of course, the complex nature of human rights and the cooperation of governments in this regard also give double importance to these issues. The international human rights system, the idealism of the international law system, more than any field, manifested itself in human rights. In this article, the effects of globalization on the concept of fundamental human rights are focused, and the challenges and opportunities arising from it in order to develop the efficiency and rationality of fundamental universal human rights have been examined and analyzed. Fundamental human rights are among the rights that are more prominent, inviolable, and inviolable compared to other human rights rules, and failure to comply with them causes the international responsibility of all governments. The research method in this article is descriptive and analytical, and the data is from Collected through library resources.

Jurisprudential examination of economic sanctions is necessary in order to provide solutions to deal with these sanctions. Based on this, the current research seeks to examine jurisprudential and legal solutions to deal with economic sanctions. This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed. Productivity, patience and good planning, maximum use of capacities, recognition of managerial priorities, countering the levers of power and unity and cohesion are the most important jurisprudential solutions for dealing with economic sanctions.Nevertheless, in the functioning of the human rights bodies and institutions of the United Nations, it is possible to observe a kind of supervision, albeit indirectly, on the functioning of member states of human rights treaties and the actions of the United Nations itself, especially in the field of economic sanctions. From a jurisprudential and economic point of view, there are solutions for economic sanctions, but their realization requires the development of appropriate economic and legal strategies.

Article 51 of the United Nations Charter preserves the right of states to use force in self-defense "in case of armed attack" until the Security Council provides the necessary security. It is generally believed that resorting to force that establishes the right of self-defense must be a strong and unpreventable armed force that can justify self-defense for the victim state. In conformity with this, the International Court of Justice (ICJ) has affirmed the existence of a threshold for distinguishing between "the most extreme forms" and "less extreme forms" of the use of armed force. The theory of the accumulation of incidents refers to a series of minor incidents that have accumulated until they reach the threshold of armed conflict. In fact, this theory does not have the threshold of severity desired by the ICJ. However, certain governments have resorted to it in order to justify the existence of their right to self-defense. This article has come to the conclusion that there are signs suggesting that transnational terrorist attacks have caused serious problems for governments; As a result, the tendency to accept this theory, which previously had little support, has increased to some extent.

The necessity and discussion about the rule of law in the procedure of the Security Council after decades of neglect has attracted the attention of jurists. Paying attention to the rule of law with its emphasis on human rights is the concept of limiting the arbitrary power of governments in order to preserve fundamental individual rights and freedoms and is a tool to maintain international peace and security for the promotion of human rights.

The current research was done with a descriptive-analytical method.

The discussion of the rule of law in the Security Council has contained different perceptions, and this has caused it to still not be defined in most sources; Because the rule of law and its implementation are used as a political tool in the hands of the members of the Security Council and to take advantage of their political interests. This in itself shows the dominance of practical politics over the international arena and the precedence of politics over rights, in many cases international rules by its drafters.

The equality of states in rights and obligations is a backbone component of the rule of law. However, veto power is against such equality. Global peace and security and political, economic, and cultural cooperation are essential for humans. The United Nations was founded to realize such objectives and contribute to international peace and welfare, while power-based politics arising from realistic strategies decelerates the implementation of international peace. The veto power is an effective mechanism of power-based politics that impedes the objectives of the rule of law. Therefore, this descriptive-analytical paper aims to identify solutions in order to constrain the veto power as a violation of the rule of law. To ensure the rule of law and preserve and promote multilateralism, the reform of the Security Council is the only solution rather than just an alternative.

It seems necessary to pay attention to the nature, origin, goals and means of applying unilateral sanctions of the United States of America against Iran and evaluate it with the criteria of international rules extracted from international trade law documents and economic rules that governments are required to comply with. In this descriptive-analytical research, the legitimacy of America's cross-border sanctions has been examined from the perspective of international law. The results of the research show that according to the fundamental principles of general international law and the provisions of international documents of the United Nations system, the unilateral sanctions of the United States against Iran have no legal validity, and from the point of view of humanitarian needs, their moral legitimacy is also ruled out. The imposition of unilateral economic sanctions by the United States against Iran has caused severe economic pressures to be imposed on the Iranian people and the adverse effects related to indicators such as inflation, devaluation of the national currency, economic stagnation, reduction in purchasing power, restrictions on travel and trade, unemployment rate, etc. It will cause devastating damage especially to the middle class and vulnerable economic strata. Considering the unfavorable economic conditions and the economic crisis governing the livelihood of the Iranian people, the violation of their basic human rights, including the right to life, the right to health and hygiene, the right to a dignified life, the right to shelter, food and essential needs, the right to freedom of travel and trade,

The International Maritime Organization (IMO) is considered a specialized agency responsible for regulating various maritime issues, including civil liability for offshore oil pollution. The important point in this regard is to identify and operationalize the process of compensation for damage to people and the marine environment. This descriptive-analytical study hence aims to evaluate the performance of IMO in terms of civil liability for offshore oil pollution. This study also discusses the liabilities of ships carrying oil products and how they compensate for possible damage and loss. The first issue raised after any marine accident causing oil pollution is the liabilities of the shipowner and how they should compensate for the damage and losses. According to the International Convention on Civil Liability for Oil Pollution Damage (CLC), the owners of oil tankers are responsible for adequate compensation for damage and losses caused by oil pollution. In fact, IMO has developed a unique and complete legal system for civil liability for offshore oil pollution. The main objective of this study is to evaluate the scope, characteristics, and legal functions of international conventions in this regard. In fact, the general principles of these conventions are evaluated that and then their features, functions, weaknesses, and strengths will be described.

The Security Council is essentially a specific or status-oriented pillar under the Charter, in other words, the member states have asked that pillar to respond to a particular situation or dispute.However, in the aftermath of the Cold War, the Council occasionally issued resolutions aimed not at resolving disputes between two or more members or in a situation that endangered international peace and security, but at preventing threats to peace or diplomacy. Peace building is preventive. In fact, these resolutions have a specific audience, such as women and children.

The present article tries to explain the mentioned resolutions in a descriptive-analytical way.

Determining that these resolutions do not seek to resolve an issue related to a particular situation, but rather to resolve an issue and problem that is spreading in the international community and its repetition or increase in number can lead to peace and security. Be internationally influential.

Human attention to material well-being and economic development, environmental issues and compensation has become one of the most important human concerns. In this article, an attempt has been made to examine the compensation of environmental victims from the perspective of jurisprudence and international law.

This is a leading descriptive-analytical article using a library method.

Findings show that in jurisprudence, compensation for environmental victims has a special place. In jurisprudence, the rule of loss, the rule of causation and the rule of no harm, the necessity of compensating the victims of the environment can be deduced. In international law, the principle of compensation for environmental victims based on theories such as fault and error, is accepted in various documents and restoration, compensation, lost consent and commitment to prevent the most important methods of environmental compensation for victims of environmental damage.Ethical considerations: In different stages of writing the article, ethical and scientific principles have been observed, including the scientific and accurate use of scientific resources.

The impossibility of determining the exact amount of damage and sometimes the impossibility of compensation in the form of restoration to the previous situation is one of the challenges in the field of compensation for environmental victims. Compensation for environmental damage is not accountable under existing rules of civil liability, such as fault, and absolute liability needs to be addressed in both domestic law and international instruments.

Prohibition of environmental pollution and the right to a healthy environment are thematically part of the realm of international human rights. In the international human rights environment, the position of different norms is different. The main purpose of this study is to investigate the prohibition of environmental pollution in the international human rights system and its normative hierarchy.

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.

The findings of the present study show that considering the importance and status of the environment and the prohibition of pollution, as well as its close relationship with certain examples of international rules such as the right to life, prohibition of use of force and aggression, as well as the practice of international actors (Both states and non-states), there is a capacity to make the prohibition of environmental pollution an example of the rule of international law. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

It seems that considering the mechanism of aggravated responsibility for governments and considering the obligations of other members of the international community in cases of widespread environmental pollution is in line with the principle of participation (which is one of the fundamental principles of environmental law).

The principles of International Environmental law, have generally emerged into International Environmental law through International Relations and environmental disputes. One of the most important environmental principles that emerged from the international disputes, is the recognition of the principle of un-harmful utilization of territory, prevention, precaution, etc., which have played a special role in preventing wars and strained international relations. One of the reasons for the establishment of such principles is the irrevocable international damage to the international environment which threatens human life and is followed by numerous inter-state disputes and this has caused the investigated principles to change from soft statements to important systematic principles through the international law. In this research, using the descriptive-analytical method, we explain and investigate some of the most important environmental principles that emerged into international law from these disputes.

In the history of Turkish-Syrian relations, the Kurdish issue has been one of the most important causes of tension and crisis in relations between the two countries. With the onset of the Syrian crisis and the intensification of anti-government activity in the country as well as the control of a number of major Syrian cities by Syrian rebels, Bashar al-Assad forced the Kurds to conquer the Kurds and gain concessions to withdraw the Kurds from the front. They gave, the most important consequence of this move by the Assad government was to provoke and intensify Kurdish independence activities in the Kurdish and southern regions of Turkey. The purpose of this article is to investigate violations of international humanitarian law in the Fountain of Peace operation in northeastern Syria. What is the most fundamental question of violating international law in northeastern Syria? The research method in this research is descriptive - analytical and the method of data collection is library use of valid articles in internet.

The encounter of a publicist with language is not similar to a linguist, literate, philosopher and logician. Limitations and ambiguities of the natural language in formulation of legal concepts and explanation of realities and values of international law cause the publicist to exceed the real boundaries of law knowledge. Therefore, in a context of logics, linguistics, and linguistic analytic philosophy, the publicist presents concepts, propositions, texts, rationalism models, and legal theories and attempts to recognize nature, type, and rational implications of them. This means that legal language must have phenomenal expressiveness capacity, exploration of meaning and decoding of legal texts for the exact description of realities and facts of collective life and should also represent and codify legal necessities and values. Legal language that is a special type of natural languages, just like any other natural language and even more than others, does not have degrees of certainty, precision level, and transparency that is found in symbolic and formal languages that logicians have used it in order to explain relations in context of mathematics, logics, and modern physics based on formal rationalism. However, international law faces a more difficult test that recognizes dialogism, multiplicity of readings, and diversity of meanings, it gets degraded through the suppressive language of arrogant speakers

Despite of the previous procedure in regard of extradition’s law which the authorities’ political profits had determined role in its status, in the new international order in order to activateextradition’s process, we need inevitably to consider two approaches; law and morality which can be recognized as law approach and enforcement law approach. In some cases like Julian PaulAssange, the extradition’s process is affected by political interests of some countries. In this essay we are going to present a short history of extradition and explain the two mentioned approaches with regard to Julian Assange’s case, the founder of WikiLeaks, and via his functions and the approaches we will analyses his charges in the law level and Sweden and England governments’ liabilities in enforcement law level.

of cultural properties. In this regard, first special international document that has defined cultural properties is Hague Convention of 1954 that implies the most development of war rights in 19th century. this document defines and determines extent of cultural properties in clauses “a” and “b” of article 1 that has two important requirement; on the one hand, these properties have limited to movable and immovable properties that are in group of tangible properties; and on the other hand, above – mentioned properties must have critical importance for culture of nation that despite this subject, reference or criterion not has predicted for obtaining this. Anyway, the importance of this subject requires that by law Analysis, dimensions of support cultural properties during war and occupation must be studied and existing vogues must be eliminated and problem must be clarified as possible. Therefore, in this paper, regarding to this assumption that ruling behavior during war and occupation and sufficient attention to civil and criminal responsibility of hostiles and military forces and attention to special and usual support mechanisms International Studies Journal (ISJ) / No. 35 / VIsaid in 1954 convention and predicated support mechanism in 1999 second protocol and comprehensive and explicit agreement of governments regarding military necessity can limit disaster of destruction and loot of cultural properties during war and occupation, 1954 convention has studied and described in framework of content analysis method, and in addition to description of subjects such as purposes and extent of convention, three – fold support mechanisms, concept of cultural properties, military necessity, legal, spiritual and material advances in this regard and specially 1999 second protocol that shows progressive dynamism of cultural international rights and international humanitarian law have been evaluated in several independent chapters that attention to creating committee of support cultural properties during war and cultural properties support funding during occupation is an example of this that are two progressive mechanism for efficient support cultural properties during war and occupation.

One of the most important epistemological challenges of international law to answer the question: Is international law really a Science? It is an issue that has never been addressed in jurisprudence and has been neglected, in view of the fact that law philosophers efforts have basically been made to prove legal aspects of International Law. Current vacancy has made the writer analyze the theoretical and scientific structures of International Law in light of philosophy of science developments. By describing demarcation standards of science from non science has been referred to logic of causal based. Meaning based and reason based explanations; in so that empirical international law uses the same causal explanation patterns that a science such as physics and analytic methodology is usable in the same proportion that International Law is loyal to experiment. Nevertheless, similarity of explanation patterns and methodology styles shouldn’t be ignored from the epistemological differences of International Law. In addition to causal explanation logic, reason based explanation pattern is needed to justify and obtain optimum understanding of legal phenomena. These different explanation patterns proposes a methodological variety that we don’t suffice verifiable and falsifiable methodologies in the format of unity of methodology, nevertheless methodological pluralistic is a must that progressive and developing science of international law is intensive need of it.