فصلنامه مطالعات حقوق بشر اسلامی
پیاپی 23 (زمستان 1400)

The Chamber of Commerce has been established to monitor business activities and the Iran-Iraq Chamber of Commerce has administrative-legal powers specializing in trade between Iran and Iraq.Research

This descriptive-analytical study seeks to examine the legal procedure for resolving disputes in the Iran-Iraq Chamber of Commerce from the perspective of Islamic human rights.

The rules of arbitration of the Chamber of Commerce in practice are fully in accordance with the principles of international trade law arbitration and can determine the status of traders who have a dispute within a certain period of time. Attention to administrative regulations to the international aspect of the dispute and the need to select a competent arbitrator / arbitrators in any situation is one of the strengths of the administrative rules for resolving disputes in the Chamber of Commerce and the time of arbitration is appropriate. Criticism of this administrative procedure is the high cost of arbitration, which needs to be adjusted according to the situation of the parties to the dispute. From the point of view of Islamic law, resolving disputes between two Muslims should be done by another Muslim, which is not explicitly mentioned in the rules of the Chamber of Commerce. At the same time, the arbitration mechanism in this institution is completely optional.

The administrative arbitration procedure used is almost in accordance with the principles of Islamic human rights as well as the rules of private international law.

Although the origins of the idea of ​​universal human rights can be traced back to the teachings of monotheistic religions and the ideas of natural rights philosophers, including Stoic philosophers, it was not until the twentieth century that the UN Universal Declaration of Human Rights (1948) was adopted. From human rights to a dominant discourse and a sensitive issue among philosophers and legal and political experts, it was discussed from different angles. The fact is that in the drafting and approval of the Universal Declaration of Human Rights, unfortunately, its religious and doctrinal aspects were not addressed. Thus, with the domination of liberal and secular thinking, the declaration became non-religious and non-religious. On the other hand, Muslim countries, which at that time were predominantly colonial, were not involved in the process of drafting and ratifying the Universal Declaration of Human Rights. Thus, since 1948, when the Universal Declaration of Human Rights was adopted, it has been severely criticized and opposed by religious scholars and the intellectual and political elites of Islamic societies. The present article, written in a descriptive and analytical manner, deals with the views of Allameh Mohammad Taghi Jafari on Islamic human rights and compares it with the human rights of the West.

Public rights, including the social rights of the nation or universal personal rights, require the participation of non-governmental and popular actors to identify, explain, expand, demand and revive public rights as the main task of the judiciary in Article 156 of the Constitution and the Judiciary Transformation Plan. Is. In other words, the greater the public participation in identifying, demanding and monitoring the implementation and reform of norms, the more real and effective realization of public rights can be expected. Realizing this fact, the question of this article is "What are the mechanisms for the participation of court-friendly institutions in the restoration of public rights?" To answer this question, in order to identify the institutions of non-governmental participation related to the court, which are referred to as court-friendly institutions (Amicus Curiae), we discuss the role and mechanism of each participation in reviving public rights by descriptive-analytical method. These mechanisms, on the one hand, seek to promote and demand recognized rights and correct perceptions of existing and new rights in collective life through the reform and development of judicial procedures, and on the other hand, require the use of legal technology and the revision of laws in particular. It is involved in identifying and supporting court-friendly institutions. The research method in this article is descriptive-analytical and the comparative study approach has been used.

Each of the First Generation of Human Rights and Responsibility to Protect imposes obligations on member states of the International Community. Violation of these obligations will result in the realization of the International Responsibility of the state and the imposition of legal remedies. The practice of powerful states has sometimes been that regime change can be one of these remedies. This leads to the primacy of political interests over legal obligatios. The present article, using a descriptive-analytical method, explains the relationship between regime change and the obligations of each of the first generation of human rights and responsibility to protect and answers the question: What is the status of the regime change in the light of the obligations of the first generation of human rights and the responsibility to protect? The purpose of this study is to separate the justifications for regime change from the real human rights concerns. The article concludes that a regime change in the current and established state is neither possible in the light of the obligations of the International Human Rights Law, nor in the light of the legal institution of responsibility to protect; Therefore, human rights are not a pretext for regime change.

The pervasive Violation of human rights around the world by various governments is one of the major issues of concern to the international community. Since the Declaration of Human Rights is modeled on respect for human dignity and respect for civil rights, this article focus, on the human rights situation and its impact in Saudi Arabia and Iran, and seeks to explore the question of the human rights situation. How is it described in these two Islamic countries? In response to this question, it is hypothesized that the relationship between human rights and the sovereignty of government (Iran and Saudi Arabia) has been more legal over the past few decided and a set international obligation and oversight mechanisms in the field of the human rights, had led the compact of sovereignty to a newer and more flexibly definition. The results show that in practice, both countries have behaved more flexibly than in the past and in accordance with the international norms, using a descriptive-analytical approach, this article states that Saudi Arabia in order to maintain its sovereignty, inevitably meets human rights requirements such as the reform of women’s rights and minority rights, and cooperates with a wide range of international actors, and human rights have clear advantage and more defensible and acceptable record than Saudi Arabia.

With the end of World War II and the considerable amount of human suffering left, human rights became one of the most important common norms of the contemporary international system, and all international actors sought to establish institutions at the regional level in addition to creating common global norms. Through it, they can also legislate to uphold local human rights norms. In the meantime, European countries, in the form of their fledgling institutionalisms, sought to institutionalize them extensively and chose human rights as the cornerstone of their foreign policy. The Islamic world, in the form of the Organization of Islamic Cooperation, has established the normative system of Islamic human rights.However, due to differences in epistemological and ontological foundations in the formulation of these human rights systems, we are witnessing normative conflicts between the West and the Islamic world, and the West is trying to use human rights as a tool to put pressure on Islamic countries.This study seeks to investigate the commonalities and differences in Islamic and European normative systems by using a comparative method. Accordingly, in addition to enumerating the human rights norms emphasized by the parties, the researcher examines the shaping causes of these conflicts. Finally, it offers solutions to the human rights challenge

In an organized action, the financial resources that the government has given to the banks for specific purposes have been lent to the corrupt and inadequate collateral has been obtained in return, which ultimately leads to the loss of these resources. This research has been done by analytical-descriptive method and its purpose is to investigate the criminal responsibility of banks in granting such loans with a citizenship rights approach. In fact, the research question is what is the criminal responsibility of bank officials in granting such loans? Due to the political nature of the government's goals in allocating these resources, which are usually in line with the development of production and employment, their embezzlement violates citizenship rights and creates class divisions between different sections of society. Although the legislator did not explicitly state the legal element of this act, but by interpreting various legal sources, this element can be considered as existing. Considering that the elements of the crime form, in addition to the legal element, include the psychological element (science and evil) and the material element (will and action / omission), if there is reluctance for any of the perpetrators of this crime, they can be held criminally liable. Ignored. Lack of knowledge and intention regarding the substance of the matter can also lead to the non-realization of the crime and ultimately the issuance of a restraining order. Otherwise, the crime is attributable to all its perpetr=