نشریه مطالعات حقوق عمومی
سال پنجاهم شماره 3 (پاییز 1399)

Human relocation as the result of climate events is not a new incident. However, the human involvement in climate change, widespread character and various types of climate migration in the contemporary world have med the issue an unprecedented phenomenon causing major challenges to international law such that the existing international rules are not able to provide an all-in-one solution. On the other hand, the way this issue should be addressed has widened the gaps between the positions of developing countries and the views of some industrial countries. The present paper aims to discuss the major developments as to climate migration in the international climate change regime, and assess to what extent the developing countries have been successful in adding their views, particularly the idea of compensation, to the framework of the Climate Change Convention.

The right to severance pay as one of the privileges of workers at the time of the termination of the employment contract since the year 1337 (SH) has entered to the Iranian legal system. Accordingly, at the end of the contract, the employer pays a lump sum to the worker. In this article, the legal nature and function of severance pay was examined by descriptive-analytic method and it recognized that the nature of this legal entity is not applicable to any existing legal entities and this institution is of a special and independent nature and its specific task is to help provide job security for workers and provide them with financial support in the event of unemployment. However, despite other legal measures such as the prohibition of unjustified dismissal to protect workers job security, severance pay is not enough to meet this purpose; it should be used as a means of financial support and income for unemployed workers and retirement through the creation of a special fund. This fund cans complete both the unemployment insurance and operates as second pillar of the pension system and compensates some of the financial problems of job seekers and retired people.

The undesirable effects that impose on environment by various economic activities is not hidden to anybody and it is caused the demolition of uncompensable environmental sources. Our country environment is not safe too in contrast damages done by harmful economic activities and is susceptible various uncompensable injuries. In regardless harmful effects of economic activities to environment, the goal of this paper is the consideration the economic methods for protection of environment and effects of competition and monopolization of economic activities to emphasis in legal system of Islamic Republic of Iran. This research is analytic descriptive and author investigate by library method and arrangement index and reference to various books, papers and statute laws. The findings indicate that regardless the existence the economic and financial methods in all countries specially Iran in various statute laws, the government has been successful in liability the private section to the regard to environmental standards but it has not been successful in liability the governmental section to regard to environmental laws because more of big factories in Iran is governmental and also the management of department of Environment is governmental too.

The role of media literacy in ensuring citizenship rights discourse According to a human-centered approach to human rights, with the right to citizenship as a human right, in the sense of political life of a person within the framework of certain state boundaries and guaranteeing a form of equal participation in political decisions, the autonomy of individuals in public life is ensured, and this is the same Based on the "citizenship rights discourse". Understanding the citizenship rights discourse from this particular perspective is favorable to be resorted to media literacy for consistency of this discourse in the current media space. In fact, the present article seeks to answer the fundamental question of how, in the present-day media world, the citizen is equipped to a degree of independence and activity so that on the basis of citizenship rights discourse the role of citizens in regulating the rules governing collective life is reinforced. in the same way, media literacy is the same possible that, due to its achievements (including from media conception, analysis and critical assessment of media messages, how the media can trigger reactions at all levels of society, etc.) the discourse on citizenship rights in The current media atmosphere with the constant presence of technology and the media in all aspects of human life has been consolidated.

Biodiversity is the source of human life on Earth and consist of microorganisms, plants, and animal living on land, in water and air, interacting with each other. The oceans contain most of the biodiversity on the planet but our knowledge and conservation of this habitat and its species is scarce. As technology progress advances more opportunities to access resources beyond national jurisdiction, threats to biodiversity are also increasing. Concerns about the protection of biodiversity in the international community have increased due to the importance of biodiversity, overuse of oceanic ecosystem services and the over-exploitation of oceans. The vacuum existing in legal system and implementing existing frameworks in areas beyond national jurisdiction doubles the necessity of effective acts for conservation of marine environment in these areas. UN General Assembly Resolution 292/69 on June 19th 2015 is a historic step in the creation of the Third Implementing Agreement to the Convention of the law of the sea and a response to the existing vacuum in international framework.

The right of access to information is one of the most important principles that has been specially considered by most legal systems and plays the undeniable role regarding the participation of citizens in democratic societies. It should be noted that today, this issue has been accepted despite differences in Iranian and French legal systems. On the other hand, the right of access to administrative information and documents or access to administrative files during administrative proceedings is one of the main elements of defense rights which plays an important role in protecting the rights and interests of individuals against decisions of administrative authorities.

Climate change as a common environmental challenge has threatended human life across the globe. Increasing concern about the consequences of such crises in international environmental law has led to coordinated and cooperative actions between all international legal actors in order to overcome such problems. The newest legal concepts and doctrins, have been trying to play a role in protecting global environment. This article will firstly address the interaction between the basic principles of international environmental law through the concept of “common concerns of humanity”. Then, it goes through the international community duties regarding obligations Erga Omnes. Also the international legal actor‘s obligations to confront with common environmental concerns would be examined.

Two important tasks are considered for the Islamic Consultative Assembly, including legislative and oversight. The Islamic Consultative Assembly, using the tools at its disposal, can ultimately support citizenship in the conduct of its oversight. For this reason, it should be said that the role of the parliamentary oversight can, if properly implemented, result in the protection of citizenship rights. Additionally, it should be acknowledged that the parliament's most important role in providing citizenship rights in striving for the rule of law can also be summarized in such a way that the parliamentary oversight should be organized in such a way that the establishment of the rule of law in the community is ensured that the establishment of the rule of law can Supporting citizenship rights is also a great help because many of the human rights violations in the community are not due to lack of law, but if the law is properly implemented, it can provide citizenship rights in the best way. This paper seeks to analyze the role of parliamentary oversight in providing citizenship rights. That is why, after expressing the concept of parliamentary oversight, we will explain the subject of the article.

Following the applications filed by the Republic of the Marshall Islands on 24 April 2014, in the International Court of Justice instituting proceedings against the United Kingdom, India, and Pakistan, with a claim that they did not fulfill their international obligations under Article 6 of Nuclear Non-Proliferation Treaty and its corresponding customary international law obligations, the Court's judgement on jurisdiction was issued on 5 October 2016. Despite the fact that this case was the first time that the court could specifically assess the precise meaning of the obligations raised in article 6 and their customary status, it did not enter into the merits with the Court's judgement on the absence of a legal justiciable dispute between the parties. This article surveys the reasonableness and justification of this decision by two logical and sociological methodologies. According to the authors, the Court, by prescribing a new, formal and unprecedented criterion that requires the “notice” of the existence of a dispute at the time of filing an application, loosed a golden opportunity to international law development through clarifying the obligations of nuclear-weapon States and crystallizing the scope of the concept of international community as a whole. Hiding behind the veil of “judicial formalism”, the court seems again revealed the fundamental and continuance influence of the logic of power on international law.

Properties that are permanently assigned to meet a public goal and use a form of public property, which is referred to as "public property of user orientation". The present research, using library studies and adopting an analytical-descriptive approach, has identified the "legal nature of the relationship between government and public property of user orientation" through the study of the works and theories of the Imamie`s jurisprudents has come to the conclusion that they have described the legal nature of the government's relationship with this category of property as "supervision, management and maintenance" by providing three theories of "ownership", "ownership of the title" and "ownership of the legal personality of public property" in all legal periods. Although the main owner of this property has identified different from the other in each of the above theories.

Groundwater constitutes approximately 98% of the world’s accessible freshwater resources. Since population growth and climate change are increasingly putting pressure on water resources, groundwater protection and management is of paramount importance for life on earth. Many aquifers are in peril due to poor governance and insufficient legal frameworks. While surface water has been given considerable attention, groundwater has not received the same recognition, where the number of international agreements for rivers or lakes is outnumbering those applicable to transboundary aquifers. The earliest articulation of an international legal regime specifically applicable to these transboundary groundwater resources is found in the work of the International Law Association in its Helsinki Rules of 1966. Nearly seventy years later, following six years of research by International Law Commission, the UN General Assembly adopted a resolution containing nineteen Draft Articles on transboundary aquifers. However, there are no more than ten treaties that have aquifer-specific legal mechanisms in international context so far. These facts lead to lack of established laws and procedures with respect to aquifers. Furthermore, when it comes to practice, there is plenty of ambiguity about the applicability of the principles over aquifers and groundwater which are naturally adopted from the surface water law.

Despite passage of tens of years since the adoption of the first laws and regulations relating to air pollution in Iran which their first comprehensive instance was the Regulation of Prevention of Air Pollution of 1975 and the latest instance of them is the Clean Air Act of 2017, the air pollution problem in Iran is still serious. Persistence of this problem in Iran, is partly due to defect of laws and regulations and partly due to the poor performance of them by governmental organs. Nevertheless, the Iranian judicial institutions, as the last resort for supervision on the enforcement of laws and regulations, can play a key role in the fight against air pollution, especially if the available strengths and opportunities are appropriately used in this fight. In this article, we will, referring to Iran's laws and regulations and in an analytical way, explain these strengths and opportunities in the hope that: 1. negligence of these strengths by judicial institutions, and their doubts about the use of them in the fight against air pollution would be resolved, and 2. awareness of available opportunities and use of them by individuals and institutions involved in air pollution lawsuits would be increased.

The relationship between national and supra-national or international legal systems is one of the most important issues of public law researches. Indeed the real question is that when there is a struggle between national and international law, until what point national legal system should follow supra-national rules. In other words, we must answer the question that until what point governments are obliged to respect supra-national legal system, specially about those States who recognize the priority of international law, and if there are exceptions to this rule, overall about the safeguard of fundamental rights. In this paper we will try to find the answer, through the analysis of some sentences issued by the constitutional courts of European Union member States, with attention to the issue of “Dialogue Between Courts” of European Union and Institutions For Constitutional Justice of this supra-national organization and about the “Limits” and “Counter-Limits Doctrine”.

On April 21, 2004, the European Parliament passed "Directive 2004/35/CE of the European Parliament and the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental" to respond to environmental disasters with widespread damage; Directive have identified two types of strict liability(as originally) and liability based on fault(exceptionally); the operator can be against the strict liability, the defense in Section A 4 Article 8 provides Directive(permit defence), and it has the authority of the member states to accept the operator's defence(Optional defense). This defense is the exception to the strict liability; the inclusion of the permit defence in the Directive and the form of citation and that's effect has changed to its final insertion in the Directive several times and the critique of its impact on European environmental strict liability that has weakened this system of liability, which we are analyzing.

The prohibition of torture as an independent crime in international law is Jus Cogens based on which states should not only avoid the issuance of permission or participation in the commission of this crime, but also prevent its occurrence. Over the past two decades, some states including the United States, especially in the war on terrorism, on the pretext of defending national security and protecting the lives of innocent people, have relied on a particular type of torture as preventive torture and have justified their actions under the self-defense and necessity. In the light of the examination of the performance of some states, this article, employing a descriptive-analytical method, examines the legitimacy of preventive torture from the point of view of the international Human Rights law. The results of the study unveil the commission of this crime is unjustifiable and is contrary to two fundamental rules of the absolute prohibition of torture and the respect for human dignity and, accordingly, leads to individual and state responsibility.

Equity has an important role in fulfilling lack of rules in continental shelf.Equity and developments of this principle in delimitation of the continental shelf is indebted to judicial procedure which International Court of Justice in its judicial procedure has presented it with different approaches that has clear crystallized it and has provided high potency of it in absence of rules. In this research, development of equity in delimitation of the continental shelf  from judicial decisions perspectives have been investigated and by reasoning in international court decisions, it was determined that international judicial decisions in presentation and progressive development has had a vital role in the principle discussed and by considering Equity of results-oriented and its  reform approach and with employing new Modified Equity approach of has make ruling, development and making it more practical in delimitation in the zone mentioned.

The Security Council in its fight against terrorism has opened a new chapter in its resolutions, especially by 1373(2001) resolution. This kind of new resolutions have legislative structure and impose binding obligations on all states. This sort of resolutions make some problematic discussions about their legality and legitimacy. First, in the absence of any executive or legislative organs in international law, some scholars defend the decisions. In another side, this must be considered from the viewpoint of Self-rectifying process of international law. Now we are going to see that whether this kind of decisions could be justified in the light of Self-rectifying process of international law and so they obtain legitimacy or not. Legislative actions of Security Council, in our opinion, is considered as an aspect of Self-rectifying process of international law and through that process can suppose Security Council decisions, at least in some aspects, are legitimate.

By concluding a Joint Comprehensive Plan of Action (JCPOA) in July 14, 2015between Iran and the E3/EU+3, Iran's nuclear dispute after nearly 13 years Ended. Immediately after this, the Security Council endorsed Resolution 2231 in support of the JCPOA. This document which Based on, all of the UN Security Council sanctions as well as multilateral and national sanctions related to Iran's nuclear programe will left, in paragraphs 36 and 37, has predicted a mechanism for settling disputes and addressing concerns and the claims of non-compliance about commitments of members. This mechanism is in many aspects different from the traditional dispute settlement methods (legal and political methods), and as an innovative and new way, has similarities with the non-compliance procedure. This paper, based on a descriptive-analytical method, briefly describes the content of the JCPOA and resolution 2231, elaborates in detail and carefully to explain the nature of the Disputes Settlement Mechanism in JCPOA.

Humanity has a common share in space exploration. The fundamental documents of space law support this claim. Although spatial technology has progressed greatly, but space law is ambiguous in this regard, and the high cost and potential benefits of space exploration raise the question of whether spatial mighty countries share their discoveries with other countries? The important point is that developing countries are committed to allocating the interests of space exploration for economic development, while industrialized countries are less committed to economic development than developing countries. So these countries have more control over their own space programs, and their programs have more economic value. This article argues that powerful space-based nations have certain legal obligations about sharing the interests of space exploration that are ambiguous in some respects, and developing countries need to fair share of these interests as high as possible. The system of sharing interests only succeeds in helping the interests of the space nations; both developed and non-developed countries.

The legal status of Gaza as an Occupied Territory is the subject of discussions of various academic circles as well as national and international judicial procedures. Considering these issues, the present article seeks to answer the question of whether departure of Zionist regime's forces from Gaza mean the end of the occupation of the Zionist regime? In answer to this question, the present paper, which has been written with a descriptive-analytical approach and using library resources and valid international judicial documents and procedures, is based on the assumption that Which is based on standard of "effective control" and analysis of the components of this standard, which has played a significant role in the conceptual development of occupation in the international arena It can be proved the occupation of the Gaza Strip by the Zionist regime After the departure of the Israeli armed forces from this area in 2005, Created the assignments of that regime as an occupier based on international law.