فصلنامه پژوهش حقوق عمومی
سال بیست و سوم شماره 72 (پاییز 1400)

Human rights is an important component of international law today. Dealing with and acting against the fundamental human rights breaches of states as one of the actors in international law is a task that has not yet been achieved in the global arena. However, regional judicial mechanisms have been able to partially meet this demand. The European continent has managed to develop an advanced judicial structure to combat human rights abuses within its borders. However, sovereignty, in its traditional sense, which does not accept any interference within its borders, may create conflicts in the way of dealing with human rights violation. In the article the question: Is the focus of the regional judicial mechanism in Europe is on sovereignty or human rights? has been answered. To this end, the important cases before the European Court of Human Rights, as well as the content of the founding documents and the manner in-which the judicial system operates, were examined, and it was concluded that: The focus of the regional judicial mechanism in Europe, as the pioneer of the use of regional legal instruments on human rights issues, is more on human rights than sovereignty.

Today, climate change has become concern of the international community, and there has been considerable solidarity to confront it. However, the Climate Change Convention, the Kyoto Protocol and the Paris Agreement have failed to prevent climate change and reduce greenhouse gas emissions, and countries have shown no serious will to achieve climate change targets. On the other hand, increasing greenhouse gas emissions have seriously damaged the environment of the oceans, which naturally absorb these gases. This justifies Review of the obligations of the CO2 states in terms of the Convention on the of Law the Sea. This paper, by interpreting of Article 1(4) of Convention, concludes that greenhouse gas emissions are subject to the definition of marine environmental pollution and consequently states parties to the Convention have numerous obligations under the XII part of the Convention to protect the marine environment against greenhouse gas emissions. The provisions of Part XIII of the Convention are also a way of proving these obligations. Also, by proving that many of the environmental obligations in the Convention have been or have become customary, one can speak of the responsibility and commitment of non-member states to reduce and even compensate the affected coastal states.

The sovereign nature of the registration system has included them in the public domain and run by the public sector and through civil servant. The idea of "shrinking the state" and "increasing the regulatory role of governments" has led to the idea of privatizing registries, one of the proposed ways of privatizing is to do the registrar's work with non-governmental experts: notaries. what is the nature of notaries (public, private, privately public), and with what legal bases can they delegate this state sovereignty task? This article, with a comparative and historical overview, concludes that, on the one hand, it is necessary to distinguish between the "notary profession" which is a private profession and the "notary role" which is a public role, based on this role, that is the public authority acting in the name of the state and it has a sovereign nature. On the other hand, although registration affairs are regarded as sovereign affairs, but based on the foreseeability of doing of sovereign affairs by attracting "people's participation" in laws, it is possible to extend the doing of registrar taskes by notary offices in accordance with the general policies of Article 44 of the Constitutional law.

The One of the main issues in the legal regimes is the intentional revocation of any kind of obligations. This revocation means that obligant party terminates its duty merely at the request of that party.  Because this subject concerns with the rule of law, it should be necessary to exist proper rules in this context. However, there are significant ambiguities in the legality and conditions of intentional termination of obligations that arises from unilateral acts of states. The case law and states practice in this context are rarely and sporadic and the doctrine is also extremely contradictory. Since, the unilateral acts of states have gained prominent status in regime of regularization in international law in modern area, so the legality of intentional termination of these acts is important subject. This article seeks to answer the important question of whether a state can terminate its unilateral act of its own will. It seems the states can terminate their unilateral acts, with some conditions and exceptions.

International investment law protects shareholders’ rights through treaty-based arrangements. That is to say, a great number of bilateral investment treaties (BITs) identify shares as one of the types of protected investment as ICSID arbitral tribunals have recognized in several cases. Despite that, it should be considered that these Bilateral Investment Treaties do not, however, define shareholder or share and typically do not state whether shareholders must own a majority of the shares or control a company's administration to qualify for treaty protection. the absence of a general international law definition of shares or shareholders leads to the need to refer to such concepts as they are generally accepted by municipal legal systems and determine shareholders’ rights and obligations by way of renvoi to municipal rules. this process must preserve the integrity of the concept. tribunals and courts cannot modify or deform these concepts. This study examines the manner of interaction between municipal and international law in the field of shareholders' direct and indirect claims.

A legislative system should have only one "legal logic". that's mean, based on principles, clear criteria, principles, concepts and related sources, the method of reasoning as well as goals and ideals can be achieved. However, based on the understanding of this article about the origin and nature of the republic and the Islam of the system, the legislative system of the Islamic Republic is based on the legal logic of "Islamic government" on the one hand and the legal logic of "republican government" on the other. For this reason, both the supreme sovereign institutions are involved in hesitation and duplicity in the performance of duties and powers, and the study of the concept of civil rights from the perspective of fixed divine laws (Islamic government) and changing human rights laws (republican government) will always be subject to instability and challenges. Was. Hence, many believe that these two systems of thought can never be connected with the two infrastructures. The present article, in a descriptive-analytical manner, assumes that in order to reduce this challenge as much as possible, the Islamic Republic is obliged to establish an institution of Islamic Sharia (an institution neglected in the Iranian legal system).

The pandemic of the Coronavirus was a test for legal systems to evaluate the effectiveness of laws and regulations in the face of the crisis. Advertisement of health goods, including food, hygiene, and pharmaceutical products, is one of the areas that was severely affected by the onset of the crisis. As advertising for tourism or home appliances declined, advertisements for personal protective equipment, cleaning materials, and nutrients to boost the immune system increased. Although Iranian law prohibits promoting and advertising drugs of any kind, drugs for the treatment of Coronavirus were advertised on TV and cyberspace. In this study, by a comparative study of Iranian laws and regulations with that of Britain, as a tool for measuring, the executive power of these two legal systems has been assessed in the face of the Corona crisis. Benefiting from a self-regulatory system of oversight and the existence of quasi-judicial bodies with transparency in access to the votes in the British legal system was an advantage, whereas the conflict of competence in issuing advertising licenses and the lack of a suitable mechanism to compensate consumers in Iran indicate the ineffectiveness of laws and regulations, especially in the face of crises such as Corona.

Principles of international investment law and treaties are more about protecting foreign investors. Therefore, in investment agreements that are signed between the host countries with the investors or their respective governments, the host country is obliged to provide the necessary investment support and any action contrary to the investment agreement is prohibited. In some cases, however, the protection of the public and fundamental interests of society requires the host country to take actions contrary to the provisions of the treaty, as encouraging and promoting investment should not be at the expense of the internal public interest. So the main challenge is how the public interest in host countries can have convergence with investment criteria? The most important findings of this study indicate that although there is no uniform procedure in this regard, but the new approach of most tribunals is that if the government's actions are based on reasonable criteria such as necessity, similar conditions and appropriateness, it is allowed. Of course this is achieved by providing a balanced interpretation of the requirements of international investment and creating a balance between the public interest of the host country and the requirements of the rules of international investment.

Because of the economic, political and social conditions of iran in the early 1950s which resulted in a state of emergency, Dr. Mosadegh, the incumbent prime minister, made some supposedly legal actions and decisions affecting the Majles (the Parliament) and its law-making power. At first, to enquire the people's opinion he held a referendum, and based on its result he asked for the dissolution of the 17th Majles. In addition to that, he asked the Majles to delegate him the legislative power in nine specific issues, in August 1952. But in this case, he did not refer to the people’s vote. Since the Constitution of 1906 is silent about the issues such as referendum, state of emergency, and delegation of power, this article tries to recognize the mentioned subject matters in constitutional law and to analyze Dr. Mossadegh’s actions in holding referendum, dissolution of parliament, and requesting the delegated powers from the viewpoint of “the Constitutional Theory” in the parliamentary system.

Right is a meaningful, logical, and justifiable claim in the human realm, with the attribute of merit and the avoidance of the attribute of virtue, based on human dignity and honor. This concept, like a sword in the bottom of a drunken bell, is the basis for the rebirth of the state or the traditional order. In contrast, Etzali theology, contrary to the Kharijite or Ash'arite approach, while disturbing and struggling, has the concept of the right that the catalyst will be for the realization of the traditional order of the state and the advance towards the modern state. The proposed subject, without having a background and literature in pre-written writings, based on library studies and descriptive-analytical approach, to understand the form of right in the Etzali approach and its impact (as it is) on formation The modern State. This notion of Right, without regard to the modern state as a secondary and imposed nature, provides an epistemological basis for the formation of the modern state. This meaning, along with the divergence of Islam from the modern state in territorial dimensions, power-orientation and manifestations such as servitude, has considered the separation of the public sphere from the private sphere.