مجله پژوهشهای حقوقی
پیاپی 50 (تابستان 1401)

Participation in the drafting of the Aktau Convention, and especially its signature by the Government of the Islamic Republic of Iran, while implicitly acknowledging the weakness of the position of “common and equal legal regime”, is a realistic move in terms of international law and relations.The Aktau Convention has partly adopted the concepts of the International Law of the Sea in regulating the legal regime of the Caspian Sea, including the concepts of territorial waters, fishing area and the baseline, but at the same time has its own innovations and characteristics in other areas, such as a dual regime governing surface waters and the division of the seabed. There are also unresolved issues and potential for disagreement.The Interpretive Declaration issued by the then-Iranian Foreign Minister, issued on the occasion of the signing of the Convention on the Legal Regime of the Caspian Sea, which stated, "the Islamic Republic of Iran recalls and notes the relevant provisions of the 1921 Agreement, as well as the 1940 Agreement on Trade and Navigation between Iran and the Soviet Union", raises the following questions: Is the move in reminding the treaties of 1921 and 1940 inconsistent with the signing of the Aktau Convention? Will the Iranian government ratify the Aktau Convention in the near future? Will the Iranian government not immediately be in the position of proclaiming and using the 15-mile territorial waters and the 10-mile fishing area?

One of the most important factors that negatively affects trade liberalization in the international arena is the non-tariff barriers that are often imposed by developed countries based on political, economic, social, and environmental necessities. These barriers have violated trade freedom and challenged the economic development of countries, negatively affected the achievement of sustainable development goals, and created various problems for developing countries. In this paper, in order to investigate the impact of non-tariff barriers on international trade and sustainable development goals, after a preliminary explanation of the concepts, the role of non-tariff barriers in international trade and their impact on access to international markets, their role in economic development, and the reciprocal impact of non-tariff barriers and sustainable development goals are addressed. Finally, it is concluded that cooperation and coherence in national and international policies will create positive interactions between these barriers and the issue of sustainable development, and eliminate the limiting effects of non-tariff barriers to trade.

In this brief article, while we will deal with the issue that new methods of international and even domestic transportation of goods need a re-creation and it is necessary to build a new vessel with up-to-date facilities and needs, of course, with a serious view of natural conditions., Geographical and climatic of the Persian Gulf, Oman Sea and Arabian Sea basin to replace the old wooden vessels, Its legal aspects are considered both in terms of defining the ship from the perspective of other countries in the region and in the field of international law and regulations, especially the rules and legal requirements of the Islamic Republic of Iran. There is no doubt in this change that several legal factors will be involved in starting the operation of this new vessel from the time of its design to construction and operation, and it is necessary to define this vessel internationally in order to accept it in foreign ports. And more importantly, the registration of intellectual property of this new vehicle in the transnational field to be recognized as a spiritual work for the Islamic Republic of Iran and to provide its designers with the possibility of legal-economic benefits.

The Islamic Revolution of Iran can be considered one of the greatest contemporary revolutions and one of the most important social events of the twentieth century.One of the most important consequences of this revolution was a fundamental change in the criminal law of Iranian society.Among the most important of these laws,we can mention the law of Hudud and Qisas and its regulations(1982).A law that,by recognizing corporal punishment,contradicted the teachings of human rights and was the representative of the "famous reading" of the criminal theory of Sharia.In this regard,the fundamental question arises: what could be the reasons for passing the criminal law based on the Famous reading,which resulted in a conflict with human rights?However,there has been a considerable religious capacity to reconcile Islamic law with human rights achievements.Also, the legitimacy of different types of corporal punishment from a religious perspective is questionable.In addition,the execution of corporal punishment is associated with adverse consequences, such as an increase in the phenomenon of "Islamophobia".The research findings show that the use of Famous readings about corporal punishment in the post-Islamic Revolution was not based solely on the religious concerns of the ruling party,but also on political and socio-cultural factors in the legislature relied on it.Among the most important principles in this regard,we can mention the idea of forming a holy society under the rule of God,protection,and care of Islamic civilization against the achievements of modernity, determination of collective conscience,protection of political and religious power in Islamic societies.

Transparency of laws is under the principle of quality of law and is one of the types of transparency in the realm of criminal law. What we have dealt with in this article is the evaluation of Article 220 of the Islamic Penal Code adopted in 2013 in the light of the principle of transparency. The main question is what is the place of transparency in Iran's criminal legislation in terms of the passage of articles such as Article 220? It is assumed that transparency in the enactment of laws is not the concern of our country's legislature. Therefore, our criminal laws are full of vague and non-transparent laws, and this is due to the fact that the "principle of quality of law" is unknown. Passing a law in any capacity is not a legislative mission, but a legislative mission to make and pass laws based on the principles of legislation and legislation, one of the most important of which is the "principle of transparency." Today, the principle of legality alone can not be enough, but a law can restrict the freedom and preservation of social order that is set and enacted in a transparent and unambiguous manner. In this article, we have shown how Article 220 of the Islamic Penal Code is in conflict with the principle of transparency and its principles and the principle of quality of the law, and its revision is an inevitable necessity.

The fight against money laundering and terrorist financing begins with controlling access to the financial system and preventing dirty money from entering the financial system. Due Diligence  and verifying customer identities is one of the most important challenges banks and financial institutions that those are  faceing  with their clients (low risk and high risk). The purpose of customer Due Diligence is to enable the bank to understand the nature and purpose of customer relationships. These processes help the bank identify potential suspicious transactions. The research method is applied in terms of purpose and descriptive and analytical in nature. The method of collection is also library-based and the tool for collecting information is the type of catch. The research data were analyzed in a qualitative manner. The findings show that customer Due Diligence is the basis for identifying suspects and tracking crime financing. Finally, customer Due Diligece Regulations for high-risk customers should be tightened up and suspected of active surveillance activities not used as a tool to finance terrorism. Writing of guidelines will also be necessary for Banks  to identify such customers.

China has a rich history and culture but the legal system of the country is quite new and young. Many who got accustomed to their legal system, court decisions, and regulations, are wondering why China as a great nation in terms of area and population didn't formulate its current Criminal Procedure Code until 1979. In this country, the trend toward a socialist free-market economy, concerns related to following human rights, and forging investments have resulted in the review and amendment of Criminal Procedure Code in 1996, 2012, and 2018. Several outcomes of the new code are as follows: approval of presumption of innocence and specifying several of its effects, e.g., the necessity of interpreting in dubio pro reo (in doubt, for the accused), forbidding the act of compelled self-incrimination, and prescribing the lawyer's intervention with several restraints in the primary investigation stage.Iran Criminal Procedure Code (1392) is also moving away from the inspection system in the primary investigation stage toward adversarial criminal procedure obliging the criminal procedure process actors to follow fair trial principles and respect the rights of the accused to defend himself/herself. Although this Code has considered several suitable sanctions for violating the rights of the accused, they don't seem enough. Recently, the two countries have involved in mutual partnerships in different areas based on mutual benefits but there has been no research carried out to compare the subjects of criminal law in both countries. Therefore, it seems fit to carry out the current research on this subject.

Today, many currency crimes in the Iranian legal system have come to legislators with different titles; crimes such as currency smuggling, embezzlement, hoarding, illegal seizure, etc., in laws such as the Islamic Penal Code and certain laws such as the Smuggling of Goods and Currency Act Approved in 2013 is anticipated. Hence, the scope of the commission of currency-related crimes can be predicted at various levels of the Iranian legal system. However, it can be argued that the purpose of the establishment of different laws in relation to currency criminals is to prevent such types of crime in the country, which appears as legislative, judicial or criminal policies. Nevertheless, in the present study, we seek to explain the general scope of committing crimes related to foreign exchange at the macro and micro level in Iranian law, which we will examine and analyze by reading and analyzing the materials that are derived from the library method.

Criminology and its teachings can always be effective in explaining and expanding the existing institutions in the criminal justice system. plea bargaining is one of these important institutions in the prosecution phase of criminal proceedings that has been established in the common law system. This institution , which is in fact the agreement of the accused with the prosecuting authority in the field of his accusations, has clearly used the teachings and findings of preventive criminology and critical criminology, and with a fundamental look, its criminological foundations can be found in many searched for schools and theories.In the present study, by examining the schools and theories of criminology, it can be concluded that the teachings of peace criminology and school of restorative justice, the teachings of preventive criminology and the school of realization or affirmation, school of modern social defense, school of utilitarianism, the teachings of interactive criminology and the theory of labeling and interactionism and finally the school of criminology of convicts can be important and valid as the foundations of the establishment of such a criminal institution. The purpose of addressing these theories and schools and combining them with plea bargaining is to fully understand and apply it to the requirements of the Iranian criminal law system. The present research method is fundamental, analytical and library and has been done by reviewing in books, articles and valid research sources.

The right to a fair trial is one of the human rights requirements. Accordingly, individuals can claim this right from the government. Fair trials have known principles like proceeding a trial within a reasonable time without unjustified delays. Particularly, handling within the fastest time, with the necessary and sufficient accuracy. It is also known as speeding up the criminal process. Simply, the foundations of this right must be identified. Since most of our country’s laws are derived from Imami jurisprudence; thus, the issue is pursued by analyzing jurisprudential principles of expediting criminal processes via considering the Imami jurists’ view regarding rights to appeal. The question is whether accepting the certainty of opinions in Imami jurisprudence is to expedite criminal processes or this view is solely based on jurisprudential principles and the need to obey the judge's decision? This article has examined the need to expedite criminal processes while expressing the jurisprudential principles of certainty or the ability to revise opinions, specifically in the Imami jurisprudence in a descriptive-analytical manner and by using library resources. The results indicate that the legislator's differential approach to certainty of opinions is derived from the of jurisprudential principles interpretations. There may be a sort of criminal process expedition, but this is not flawless, because expedition at any cost especially with the execution of a wrong verdict, is not desirable for a fair trial in addition to its irreparable material and moral damages.

Although self-deriving vehicles can be considered a revolution in the transportation industry, this new technology, which is based on artificial intelligence, in addition to its high efficiency, also creates challenges for the current system of civil liability, and since Accidents will always be an integral part of vehicles, so it is important to create a new liability plan that outlines the legal obligations of potential litigants. The present study, with a descriptive-analytical approach and a comparative view on the issue of civil liability of self-driving car users, concludes that unlike conventional vehicles, which traditionally immediately introduces the driver immediately responsible for road accidents, self-driving cars based on AI It allows the car to move even in the complete absence of a human factor, and also in the presence of the user - except in special cases - he is considered a passenger of the car, so in practice the discussion of guilt due to lack of participation in control A vehicle that can enable the user to change its behavior is ruled out, and as a result the current view is inconsistent with the structure of these vehicles, and the traditional rules must be redefined, and until then the principle must be the responsibility of the manufacturer The car compensated for the damage and considered the user's responsibility in this regard exceptional.

According to the results of this research which is carried out through descriptive and analytic methodology, considering the condition of “no interest for the witness” some Islamic jurists believe that the testimony of a close friend is not acceptable. Besides, article 177 of the Islamic Penal Code mentions about the conditions of the witness, including no interest for him/her: “the conditions for this article needs to be distinguished by the judge”. Therefore, the judge should investigate carefully every other evidence. In juristic viewpoint, the condition of “no suspicion over the witness” has nothing to do with rejection of his/her testimony; because: 1. Sometimes there is no defect in people’s friendship for gaining interest or repelling losses. 2. The justice of the friend, especially if his/her friendship is devoted to God, prevents him/her from false testimony. 3. Although relatives may have interest, their testimonies are accepted. Then, the testimony of the friends should be acceptable, too. 4. Testimony is suspected for the cases which is explicitly described in the Sharia; there is no such explicit verdict for the testimony of the friend. 5. The jurists have stated only six instances of “being suspected”. Therefore, due to general need for fair testimony, for those cases that interest of the witness is not clearly assessed, it would be accepted.

Flexibilization of law has emerged in recent decades in the wake of the reduction of government oversight on economic affairs and the application of privatization policies to harmonize labor law regulations with new economic conditions, which means the more freedom of employers in terms of employment conditions, working conditions and the possibility of dismissal of workers. On the other hand, the informatization of economy, the expansion of service careers and the growing role of individual knowledge and creativity in the economy have empowered workers to play a decisive role in the labor market. In this study on the fundamental changes of labor law which has based on documentary data, we are seeking to answer the question of “Why and how the changing labor relations, especially flexibilization of labor law, in the process of economic post-modernization has happened?” In this regard, firstly, changes in economic paradigms from the middle Ages to the contemporary age have been considered and then the features and effects of this post-modernization in working relations and ultimately in labor law (Flexibilization of labor law) have been discussed. For a more objective examination, the issue of legal changes resulting from this global economic phenomenon has been studied in some countries. The findings of this study show that the lack of job security and reformation of employment contracts by applying non-standard contracts, as the characteristics of flexible working relationships, have led to the increasing importance of knowledge and individual creativity in employment relationships. Although the power of trade unions has decreased in support of workers, it has focused on supporting employment positions instead. Based on these changes and the speed and intensity of economic competition that has left employers with no choice but to "flexible labor regulations", labor laws have been rewritten in many developed countries.

It is necessary to know the amount of transaction as a condition of the authenticity of the contract in order to get out of ignorance as necessary and to determine it in a way that eliminates the instincts. News of the amount traded with a dual nature in one way as a condition of the authenticity of the contract in order to determine the amount traded (paragraph 3 of Article 190) and on the other hand, the condition of the amount (Article 234) which has been accepted by Imamiyya jurists as a customary way to determine the transaction. The guarantee of the implementation of violations of bay'a news is the place of disagreement among Imamiyya jurists in such a way that some Imamiyya jurists, due to the mismatch between the parties' intentions and the fact that each component of the contract is not recognized, believes in invalidation of the marriage, some believe that the cucumber is terminated for violation of the condition of description, and some believe that the realization of cucumber is due to the absence of a part of the probation. The study of the nature of the news is the subject of this article

Custody is one of the most important institutions in the mental and physical education of the child. Unfortunately, due to its various dimensions such as waiver of custody, transfer of custody, agreements on this right, possibility of granting custody to a third party and the fate of the parents' agreement after the intervention of the court and other aspects, not enough attention has been paid ; Therefore, we decided to reach a logical conclusion regarding the above cases by analyzing them and also emphasizing judicial procedure. It seems that despite the opposing views in the legal doctrine, the agreement on custody between the parents of the child is valid and binding And although we are facing a conflict of opinion in the judicial process, but the courts must accept that custody is a right between the parents of the child and only if both of them shoulder the burden of custody is a duty and they are bound.
But this does not preclude the right to the nature of custody, and they can come to an agreement among themselves about this right that contributes to the child's spiritual and physical development. The word "agreements" in Article 41 of the Family Protection Law also confirms this.
Also, in the opinion of the author, the agreement regarding custody of the contract is continuous and with the intervention of the court and the revocation of the custody of the transferee of this right, the said contract will be terminated.

In a case pending in the Court of Appeal in 2018, the judge referred to the rigid UK judicial procedure for dealing with intangible property, which can be traced back to the ambiguous wording of Section 61 of the sale of goods Act, to the relationship of the commercial agents. This extension leads to an appeal and a question to the Court of Justice of the European Union as to whether the software is a goods in relation to trade agents and under the 1986 The Commercial Agents (Council Directive) Regulations. In the present article, while examining some of the most important cases of the British judicial system in dealing with software purchase and sale contracts and counting it as (goods) or intellectual property, the current case is also dealt with and Finally, a solution is provided to synchronize the UK judicial system with the advancement of technology and the need for software transactions and support for business agents. This approach is summarized in the development of the concept of chose in possession over digital content along with their physical carrier or the recognition and validity of third right over chose in action and chose in possession. In the first approach, digital content must be sold with a physical carrier, while if the second approach is accepted, there is no need for a physical carrier, and digital content without a carrier can be sold.

Today, information and communication technology has penetrated the most private strata of human life and its scope is becoming more and more than yesterday. Acknowledging the benefits of this technology, the available evidence confirms that if the necessary standards are not used in its use, it will have harmful and irreparable effects. This technology has a direct and indirect effect on all age groups of society, but children seem to be the most important victims of this phenomenon due to their characteristics; Because they do not have the necessary capabilities to use this technology healthily and positively. Among the rights that exist for children in the use of technology, this article emphasizes the right of educating children to create opportunities and contexts for audiences and users, especially children, in cyberspace by establishing a system of religious education and Islamic teachings. And to play a role in building religious identity, strengthening human motivation and media education, and in promoting the realization of the right to education in children in cyberspace, can prevent the abuse of their right to education in the use of information and communication technology in a desirable and healthy environment, and On the other hand, by enumerating the causes and factors of vulnerability in the existing cyberspace, by presenting preventive methods against such harmful currents, effective and efficient steps were taken towards the higher interests and interests of children.