نشریه پژوهش ملل
پیاپی 77 (تیر 1401)

Although the Rule of Mandatory Prosecution.is one of the characteristics of advanced legal systems, but from the perspective of Policy Paper on the Interests of Justice, sometimes it is necessary to abandon this principle and turn to the Rule of Appropriateness Prosecution. Adopting such a policy is closer to the goal of correcting the offender and from the perspective of legal sociology is considered a step towards avoiding labeling of offenders. This judicial policy has been implemented not only in the Iranian criminal system but also in many legal systems of the world, especially the international criminal system. The present study, based on a descriptive-analytical method, has examined the implementation of The Rule of Appropriateness Prosecution in both the Iranian criminal system and the international criminal system, especially in the International Criminal Court (ICC), The International Military Tribunal for the Far East (Tokyo Trial), International Military Tribunal at Nuremberg, the International Criminal Tribunal for the Former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) and it has been concluded that the policies of policy paper on the Local Remedies, Policy paper on case selection and prioritization, Policy Paper on the Interests of Justice and Policy Paper on the Interests of Expediency are among the most important judicial policies in the issues raised by these courts. The Iranian legal system has also tried to implement these policies in its criminal system, with the difference that in the international system, the implementation of the principle is mandatory, while in the Iranian system, is in many cases optional and it depends on the opinion of the judge or prosecutor. Adopting such a procedure, of course, in comparison with the international criminal system and also considering the positive consequences of this principle, is considered as a shortcoming in judicial policy.

The nuclear case has been one of the most important crises of the Islamic Republic of Iran in the field of the international system until today, and due to the pressures of the international system to control and limit Iran's nuclear policies and goals, it has caused numerous political, security and economic consequences. Finally, in the eleventh government, it was resolved in the form of the Joint Comprehensive Plan of Action (JCPOA), but in a short period of time, the United States of America, in an unconstructive and unilateral action, withdrew from the Joint Comprehensive Plan of Action and adopted the maximum pressure policy. In this regard, this article tries to With a descriptive-analytical method and library sources, answer the question that what strategy has the Islamic Republic of Iran adopted after the withdrawal of the United States from the JCPOA and the start of renewed sanctions? The current hypothesis is that the behavioral pattern of the Islamic Republic of Iran can be explained based on the increasing decision-making model and multilateralism. Based on this, the findings show that Iran, regardless of adopting a confrontational policy, tried to withdraw from the JCPOA in order to secure the benefits and neutralize the sanctions measures of the United States and re-isolation in the international system, to cooperate with the remaining members. continue and expand its regional and multilateral relations with emerging powers. In line with this active action, in an approach of deterrence and active resistance, it took action to reduce its JCPOA commitments in order to return America to the agreement and prevent the violation of commitments and adherence of other remaining members.

The importance, role and position of ports in Israel, in terms of export and import, which more than 90% of its export and import are carried out by sea, is certain. Israel has plans to upgrade the status of Haifa and Ashdod ports and allow the passage and docking of large ships capable of carrying containers. The upgrading of ports, in addition to having economic benefits, leads to the opportunity of risk aversion for Israel, in the face of big governments. The purpose of this research is to investigate the port of Haifa separately, along with China's strategic and innovative plan known as Belt and Road. According to the above, this article, using the descriptive-analytical method, tries to address the question of how the exploitation of Haifa port by China can be dangerous for Israel? In response, it can be assumed that this event, considering what has happened in other parts of the world in a similar way, and considering the ability to integrate military and civilian infrastructures, is considered a strategic plan on the part of China, which is the concern of related institutions. will follow in Israel. China's policy in setting up ports apparently has an economic motive, but it can bring political and military capabilities. Therefore, it is concluded that in tenders and when concessions are granted to Chinese companies by Israel, considering the ability to integrate military and civilian infrastructures, this is considered a dangerous setting.

Considering the importance of the subject and with the aim of investigating the effect of marginalization on the commission of sexual crimes and the creation of its grounds in Pakdasht region as one of the most crime-prone neighborhoods of Tehran, this article examines the situation of criminality and The fields of crime in this neighborhood have been studied as a study area. The research method in this article is based on field studies (interviews, questionnaires and field observations) and library studies, and the sample size was obtained using the stratified sampling method, so that with the stratified sampling method Proportionately, 150 people have been selected randomly from among the three classes based on the population ratio of the statistical population. SPSS18 software was used for data analysis. The main question raised for this research is how to analyze the role of marginalization in the increase of sexual crimes? And its hypothesis is that there is a direct relationship between marginalization and the increase in sexual crimes. The purpose of this research is to investigate the relationship between marginalization and the commission of sexual crimes in order to find effective solutions to prevent the increase of sexual crimes. The result of the present research shows that due to issues such as: the rule of insecurity, the low level of income of the families living in these neighborhoods, poverty and unemployment, the lack of educational spaces, the lack of necessary cultural education, the deprivations caused by Legitimate sexual relations, high population in inefficient housing and problems of marriage and family relations are the grounds for committing and tending to sexual crimes in the neighborhood.

Every type of crime has different elements, which we refer to as material, spiritual and legal elements. Each of these elements is formed according to the case in its own crimes, and the achievement of each of these elements depends on the type of crime. Therefore, this article has tried to study and examine the elements of the crime of intentional homicide in the laws of Iran and the UAE. According to the thematic documentation presented in this article, the research method is descriptive-analytical. The main question in this article is: What are the differences and commonalities regarding the elements of intentional homicide in the laws of Iran and UAE? In response to the question, we can put forward the assumption that: every crime has three elements, material, spiritual and legal, which is accepted in the laws of the two countries, with the difference that although Iranian laws in most cases, especially regarding punishment in The field of intentional homicide and paying attention to its material element is stronger and much stronger than the law of the Emirates, but the penal code of the UAE pays special attention to all crimes, especially intentional homicide and its material element, many of its articles are included in the Islamic Penal Code. Iran is empty. The findings of the research show that in comparing the laws of Iran and the UAE in the field of intentional homicide, although the legislator clearly stated in Article (206) of the Criminal Code. He considered the act necessary and necessary for the realization of the crime of murder. However, there is no clarification regarding the abandonment of the verb.

In the past, they tried to resolve disputes by referring to different judicial systems, but nowadays, more or less, instead of referring to the judicial system, other dispute resolution methods, especially conventional arbitration, have been resorted to. Therefore, the role of the arbitrator in resolving disputes, especially contractual disputes, has been in the spotlight. The present article aims to "investigate the role of the arbitrator in the settlement of contractual disputes", therefore, after expanding the conceptual space of the subject, it tries to investigate the importance and position of arbitration in contracts as well as the international system by using the descriptive-analytical research method. Next, the question arises: What are the reasons for the importance of the arbitrator's role in resolving contractual disputes? The findings show that arbitration in international trade contracts in the era of economic and legal globalization, as a valid and original tool to resolve disputes arising from these contracts in particular and from international trade in general, the validity of this is due to the specialization of the issues. Business and the feeling that commercial issues will be dealt with more appropriately in arbitration courts are among the reasons for choosing and accepting arbitration clauses in contracts.

Playing to acquire basic skills, especially in preschools and elementary schools, has been one of the most effective methods of learning since decades ago and even today. Preschools and elementary schools acquire learning and all kinds of motor skills through educational games. Due to these educational benefits, gamification is quickly accepted and very important to engage learners in education. Therefore, the present article tries to investigate the effectiveness of the process of gamification of system thinking education. Next, the question raised is how gamification can be effective in the effectiveness of preschool and elementary school education. which examines this assumption with a descriptive-analytical method systems thinking is a complementary set of analytical skills that are used to improve the ability to recognize and understand systems, predict their behavior, devise changes in them to create desired desired effects. Finally, the findings indicate that gamification is very effective in learning to teach preschool and elementary school courses.