نشریه تحقیقات حقوقی بین المللی
پیاپی 55 (بهار 1401)

In the present era, one of the new challenges for the police is to deal with cybercrime. Given the vastness and networking of cyberspace, it must be acknowledged that tackling cybercrime will be due to the extent of the damage and the large number of victims, cross-border and the difficulty of detecting and prosecuting the perpetrator, and many other police-only characteristics.        

This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically.   

The criminal policy governing cybercrime in Iran relies more on government response with a focus on national security. The lack of police dynamism, the lack of international cooperation and the lack of a homogeneous police criminal policy structure at the global level have challenged the criminal policy of the Iranian police in the fight against cybercrime. Therefore, in order to achieve the desired result and facilitate international police cooperation in order to reduce the challenges ahead, as well as to build capacity in the fight against cybercrime, an effective coordinated international criminal police policy through international police cooperation mechanisms against cybercrime is necessary. And specializing in cybercrime units, providing equipment and facilities for advanced cybercrime hardware and software, adopting international frameworks for police cooperation in cybercrime, and establishing a coherent international police policy in the face of cybercrime.

From the early  national and international  intellectual property  legislation for artistic and literary works, some exceptions such as personal use, use by libraries, educational institutions, as well as criteria such as the three-step test of the Berne Convention, were legislate on the material  rights of the authors of  artists and literary  works. As the purpose followed by the lawmakers of intellectual property  is to  protect the intellectual and material  rights of the authors, the question arises that what is the reason for the existence of these exceptions that lead to the use of intellectual property without the permission of the creator?     

This research has studied the relevant sources and collected information by descriptive-analytical method.       

With regard to reasons for anticipating these exceptions, it is concluded that  there are some grounds  for these exceptions ,including the human rights protection ,economic factors , welfare and social justice , technology development issues and  in Iran jurisprudential grounds. The present article concludes only by addressing one of these principles, which is the protection of human rights, that the human rights approach leads to maintaining the balance between the rights of the authors and the interests the society has in using these  literary and artistic works. Such human rights as the freedom of speech, access to the information and use of practical developments and participation in cultural life are among the basic grounds for imposing these exceptions on the intellectual property rights.

The growing activity of private actors and non-governmental organizations in the exploration and use of space and the need for continuous licensing and oversight of space activities by the government, raises questions about: What Requirements and necessities of space treaties enforce states to set out their national laws? What model have the leading countries in the field of space followed to regulate the framework of their space laws?

The present study has been done in terms of applied purpose and in terms of data collection by documentary method and by studying valid legal instruments and sources and the obtained information has been analyzed descriptively-analytically.

A comparative study of the national laws of the 28 leading countries in the field of space shows that all of them have used a series of similar legal topics. However, in enacting their national law, each country takes into account its national needs and security considerations and indigenous requirements, and the scope of its national law depends entirely on the scope of national space activities and the level of participation of non-governmental organizations and space policies.

International requirements to enact national space legislation arises from the fact that states in order to exploit and use space, while paying attention to and fulfilling their international obligations under space treaties , the mechanism Provide for the issuance of licenses and oversight of governmental bodies, non-governmental and private space activities in their domestic legal system and accept responsibility for their actions.

Annulment has its own characteristics, coordinates and principles that are fundamentally different from other cases of termination of the contract, such as termination, etc. This annulment may occur only in a part of the contract and lead to its partial annulment. . In order to protect the rights of victims from minor invalidity, different solutions have been proposed in different legal systems. The right to terminate the right part of the contract is one of the solutions that is accepted in the jurisprudential and legal system of Iran and is referred to as the "option of discrimination". Is to examine the acceptance of such a right for the victim of a minor invalidity of the contract and its conformity or non-conformity with justice and fairness and legal principles.

In this research, analytical and descriptive methods have been used.

The right of termination is not only not contrary to the "principle of necessity of contracts" but also in accordance with the important jurisprudential rule of "no harm" and also in accordance with justice and fairness. Of course, the absoluteness of this right can be contrary to the above rules, and it is necessary to imagine restrictions such as "desirable unity" and "desirable plurality" for it. The option of segregation discrimination is not provided for in Iranian law, but it can be reconciled with some cases of termination right provided for in British law.

The accused should not be considered a criminal at any stage of the trial, and this requires observing the principle of prohibition of unlawful detention of persons and guaranteeing the rights of detainees during the trial and treating them appropriately and with dignity during the trial and detention. The principle is based on freedom, and the arrest of individuals is an exception to this principle. Hence, this exception conflicts with the principle of immunity of citizens from arbitrary arrest or detention, which is rooted in the principle of innocence, and this requires that the legal criteria for the arrest and detention of individuals be precisely defined.

This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically.

In addition to the rights of the interrogation and preliminary investigation, in particular the right to be informed of the charges and the rights of the accused, detainees have the right to be immediately examined by a competent judicial authority to verify the lawfulness of the detention and enjoy other legal rights. And also to protest their legal detention from the beginning of their arrest until their release. Of course, it must be possible to compensate these detainees if their detention is illegal. This is the minimum legal rights of detainees as enshrined in the Code of Criminal Procedure and the Rules and Procedures of Case Courts and the International Criminal Court.

The first international document establishing obligations and obligations for signatory states to criminalize the laundering of illicit proceeds under domestic law is the United Nations Convention against Narcotic Drugs, adopted on December 19, 1988, known as the Vienna Convention. The purpose of this study is to investigate the possibility of developing the jurisdiction of the International Criminal Court based on the said convention. This development will affect the policies of countries involved in drugs. The main question of the research is considering the articles and provisions of the Vienna Convention against Narcotics and Psychedelics 1988, how is it possible to develop the jurisdiction of the International Criminal Court to investigate drug crimes? And what impact the development of the competence in question will have on Iran's counter-narcotics policies.           

This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically.

The findings show that the 1988 Convention on Territorial and Flag Jurisdiction addresses the issue of dealing with narcotics crimes and that it is possible to extend the jurisdiction of the International Criminal Court to narcotics crimes. If the development is identified, Iran's security plans to combat drug trafficking will change.

Although genocide was not an independent crime in the past and was subject to crimes against humanity, the severity and heinous nature of the acts, as well as the special malice that is unique to this crime, quickly recognized it as an independent crime in international documents. This crime has been committed against various groups throughout history, the most recent of which is the Rohingya Muslim. Therefore, while examining the concept and nature of this crime, we study what are the legal dimensions of the genocide of Rohingya Muslims?  

This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically.

Although genocide is prohibited and criminalized in international instruments, including the Treaty on the Elimination of All Forms of Discrimination against Women and the Rome Statute, it is one of the crimes that is now a customary international law that obliges all non-member states to commit such acts. Numerous crimes have been committed against Rohingya Muslims so far, and the government has played an important role in committing and intensifying these crimes, in accordance with the examples of genocide in international instruments such as murder, grievous bodily harm, and deliberate deprivation of life. And measures to prevent childbirth, genocide are being committed in Myanmar.

Iran has been under unilateral US sanctions for years, and the scope of these measures is increasing every day. From the seizure of Iranian property and assets to the threat of seizure of Iranian oil tankers shows the growing tensions. In this regard, the main purpose of this study is to examine US actions in imposing sanctions and seizing Iranian oil tankers from the perspective of international law.         

This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically.   

The rule of judicial immunity The government has accepted exceptions following changes in the international legal system, including the exemption of tenure and the adoption of the doctrine of limited immunity. Regarding the imposition of unilateral sanctions, there is no explicit text in the Charter of the United Nations that states agree to exert pressure through sanctions in various fields, and therefore, these actions of the United States have no legitimacy. Regarding the US action in seizing Iran's export oil, it should be said that this measure lacks legitimacy in terms of the principle of equality of states, in terms of international rules of the law of the sea and in terms of the principle of protection of state property from seizure by domestic courts.

The concept of abuse of urgency in its general sense includes both emergency transactions resulting from reluctance and includes emergency transactions that, in the specific sense of the word, abuse the state of emergency. Since Article 206 of the Civil Code considers emergency transactions to be valid, many traders, aware of the state of emergency and special distressing circumstances, take advantage of this situation and enter into a transaction with distressed persons. So, the question that comes to mind here is what is the guarantee of such transactions in Iranian and French law?     

This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically.

In the law of most civilized countries, such as France, contracts based on the abuse of urgency are distinguished from emergency transactions and are subject to separate provisions. In our country's law, Article 179 of the law, which is adapted from the law of France, deals with this issue and in such cases, for the distressed, the right to amend the contract is considered. Accordingly, various opinions have been expressed about distressed transactions in case of abuse of urgency, which can be summarized in five comments: 1- The validity of the transaction 2- The validity of the transaction with the right of termination for the distressed 3- No influence of the transaction 4- Transaction; It seems that considering the realization of the spiritual element of reluctance, the non-influence of the transaction in this case is more compatible with legal logic.

Arbitration litigation is not always without its drawbacks, so the legislature has considered ways to invalidate arbitral awards, one of which is through retrial. Of course, this issue is controversial among jurists, because some do not consider the retrial as part of the arbitral awards and consider it possible only through the authority and the court that determines the arbitration, but others have foreseen the retrial in the arbitral awards.          

This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically.   

An important issue is the determination of the competent court to consider the annulment of the arbitral award. There are differences of opinion on this issue as well, as national legal systems may also claim jurisdiction over the annulment of arbitration. Therefore, only the national courts can hear the request for annulment of the verdict, which according to the criteria accepted in the relevant legal system of the court, the verdict of the petition for annulment is considered internal to that country. Therefore, in this study, ambiguities and conflicts in the field of retrial and competent court to cancel the arbitral award were resolved.

Participating in a lawsuit involves costs for the parties involved, including the court, the plaintiff and the defendant, and the legal system governing these costs plays an important role in achieving civil justice. A comparative study of the provisions governing the provision and compensation of legal damages in the law of Iran and the United Kingdom better shows the shortcomings of the current Iranian laws in this field and is effective in correcting them.   

The present research has been compiled in a descriptive-analytical manner with a comparative view of various documentary sources and studies in Iranian and British law.  

The legislature, in order to guarantee possible damages, has made it possible for the plaintiff to cover his costs, which, in view of the lack of a proper mechanism for forecasting the duration and quality of proceedings and estimating costs, is a shortcoming compared to a similar institution in English law. ‌ There are some. Also, in order to compensate for definitive damages resulting from court costs and other court damages, following the rule of "post-event costs", damages have been transferred so that no damages remain without compensation. However, in Iranian law, unlike in the United Kingdom, not giving the judge the power to review the circumstances of the case and the litigants, in addition to the possibility of abuse of the institution of fictitious litigation, also leaves the door open to abuse the right to sue and these shortcomings The unwillingness of the defendants to settle their dispute out of court and the abandonment of the principle of good faith in our judicial system is crystallized.

It reveals the need to reactive appropriate legal measures, the violation of competition law and committing the criminal phenomenon of disturbing economic competition. Guiding the process of verdict and implementing of these measures, requires the establishment of legal institutions, that in the European Union, it has been subjected to a system of multiplicity of complaints and follows the principle of unity in Iranian competition law. the application of criminal repression, as the last solution in the chain of legal measures, is exclusively within the jurisdiction of the competent national courts in both systems of criminal policy, despite this difference, its role in Iran's legislative criminal policy has been more prominent than the European Union and has created challenges. However, it has not been ignored the attention of both criminal policy systems to the necessity of a Variety of reactionary measures to the alleged criminal phenomenon and it has caused anticipate mechanisms based on non-criminal repression and also restorative measures, however, recent measures are still recent and require further support in both criminal policy systems.

One of the basic foundations of transparent government is the right of citizens to access information. This right is one of the most important examples of intellectual freedoms, because with the help of accurate and measured information, people can cultivate their thoughts and minds and publish their thoughts. But sometimes it encounters obstacles that make it difficult to achieve the desired goals. Therefore, the question arises that what obstacles and challenges does freedom of information face in Iranian law?

This research has been applied in terms of purpose, and in terms of data collection by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically.

The legal system of free access to information is one of the basic elements of democratic governments and the most essential tool for guaranteeing fundamental freedoms, including the right to freedom of expression and the right to self-determination. On the one hand, the right to seek or access information can be considered one of the most essential elements of freedom of expression, and on the other hand, democracy can not guarantee a bright future without guaranteeing the right to information. The right to information has two narrow and broad meanings. This right, in its narrow sense, envisages freedom to seek information, but its broader concept includes the right to access information or the right to receive information. A comprehensive interpretation of the eighth principle of the Constitution of the Islamic Republic of Iran justifies this right in the constitutional rights of our country. The legal system became the subject. Nevertheless, the recent law has its drawbacks, obstacles and challenges that have been mentioned.

The right to social security is one of the fundamental human rights that has received special attention in human rights instruments. Therefore, paying attention to the issue of social security is one of the criteria of good governance, which is one of the important indicators of compliance with the human rights obligations of governments. One of the issues that is considered in the field of social security is the issue of retirement, which in this study examines the legal system of social security pension in Iran in the light of fundamental human rights.

This research has been done in terms of practical purpose and in terms of collecting information by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically.

Social security as one of the characteristics of social security and a human right is based on various principles such as the principle of inclusiveness, equality and human dignity, which originate from the principles of the obligations of governments under international human rights instruments. Pension fund challenges also include inefficiency in public administration, weakness in the regulatory system, and financial instability. Not all sections of society enjoy the benefits of social security and retirement support in old age, and this has violated the principle of universal social security, and the lack of a specialized authority to handle social security claims is another benefit. Inflation, dispersion and abnormal complexity of social security pension laws and regulations are other issues and problems observed in the Iranian social security pension system. In addition, another proposal to reform the legal system of social security pensions is to review some laws in the field of pensions.