نشریه تحقیقات حقوقی بین المللی
پیاپی 57 (پاییز 1401)

transportation through pipelines is one of the emerging ways of transporting materials and goods in the world, which is in the center of attention day by day due to its special and unique advantages and capabilities in moving materials such as oil, gas and other condensates. The growth and development of the transport sector is placed in the countries. But this method may cause damages that will result in civil liability.

The present research was carried out using a descriptive-analytical method.

The relevant rules in the field of responsibility of the carrier in the field of oil and gas transportation through pipelines in Iran's legal system and also in the international legal system are not very developed. We are general transporters. In the transportation of oil and gas through pipelines, the nature of the transportation contract in commercial law also applies to it in such a way that according to the contract concluded between the shipper and the carrier of the cargo (oil and gas), the carrier is required to comply with all the provisions of the agreement. is in the contract, and if he has been negligent in this regard, he is responsible for the consequences and damages caused by this failure, unless the damages were caused by factors outside of his authority (such as the authority of Cairo), in which case he is also required to To prove this external factor is for exemption from responsibility.

One of the constant concerns of jurists from the past until now has been to establish an impartial and fair authority to match the actions and decisions of governmental and non-governmental institutions and authorities with the law and apply the rule of law to the above-mentioned institutions and authorities, so that it can at the same time Monitoring the decision-making process of governmental and non-governmental institutions and authorities to ensure the accuracy and validity of the aforementioned decisions and actions.

The present research was carried out using a descriptive-analytical method.

Islamic city and village councils, as a non-governmental public institution, establish actions and decisions in relation to voters that may affect their rights and freedoms. Therefore, there is a possibility of abuse of powers and in other words encroachment on public and national interests by some members or city and village Islamic councils. The Constitution of the Islamic Republic of Iran, in the 155th and 166th Principles, determines the limits of the competences of the aforementioned institution and demands the conformity of the councils' approvals with the standards of Islam and the laws of the country. Finally, it has specified the liquidation in general. The following article aims to examine the performance and duties of the dispute resolution and complaint handling committees of the Islamic councils. The claim of the present research is that strengthening the supervision of members through judicial authorities, resolving legal ambiguities, and preparing and approving the procedure for dealing with violations are important solutions to improve the supervision of the actions and performance of members of Islamic councils.

Corrupt on foreign investment and its results in the ICSID procedure is one of the new topics in international investment law. Investigating the different dimensions and the impact of the ICSID procedure on investor’s rights and the responsibility of the host state in relation to foreign investment is of importance, objectives and subject matter of this article.

The research method is descriptive-analytical and critical to answer a question, what is the impact of corrupted foreign investment on investor rights and the responsibility of the host state in the ICSID procedure?

The findings show that arbitration based on the investment treaty combined with corruption is rejected at the request of the foreign investor in the ICSID. This procedure has two achievements, two on the same coin. First, the investor is deprived of legal protections and arbitration. Ignoring investor rights resulting from playing its role as the first party to corruption is self-imposed and inevitable. Second, the host state is clear of responsibility for the foreign investor by corruption defense and proving it. The situation suggests a benefit of corruption for the host state, while host state agents are also the second party to corruption.

Most of the stock offering by publishers and their purchase by shareholders are in accordance with the principle of free will of the parties, but this freedom will affect the efficiency of this market due to the superiority of the publisher over other capital market participants. Sharing this procedure of information transparency means obtaining information related to the performance of the rounds, the financial status and the financial situation, the financial situation and the financial situation, etc.

In terms of gathering information, the current research is descriptive, analytical and comparative. In this research, it is tried to report what is without any interference or subjective inference and obtain objective results from the situation.

The findings of this research, based on the comparative study of the legal systems of three countries, indicate that, unlike the legal system of Iran, where the principles of the obligation to disclose information due to the lack of specific laws and judicial procedures are subject to the general rules contained in the Securities Market Law and other laws, in American and English laws have dealt with this issue hundreds of years ago in different laws; Therefore, preserving the rights of shareholders, public order, good faith, fairness and avoiding financial abuse are known as the most important principles of the obligation to disclose information about companies admitted to the stock market.

Many researches on the relationship between social capital and prevention of social crimes have been conducted between different groups and based on different methods. Therefore, the purpose of this study is to use a meta-analytical research model to combine and integrate the results of studies on the relationship between social capital and crime prevention.

In order to perform the present meta-analysis, by examining the background of all the researches related to the relationship between social capital and crime prevention that were published in prestigious scientific journals between 1390 and 1399, 17 studies that It was methodologically acceptable, selection and meta-analysis were performed on them. The research tool was a meta-analysis checklist and Cohen's effect size method was used to achieve the overall correlation value.

The results showed that the effect size or coefficient of effect of social capital on crime prevention is equal to 0.48 which by converting the mean d to the value of z in a normal distribution curve according to Cohen's interpretive system, this amount is considered a high effect. Be. In general, the results showed that social capital has a significant effect on crime prevention at the level of (P <0.001). Also, the magnitude of the effects of social capital variables can indicate their importance in crime prevention and guide future research and policy-making in this area.

protection of citizen's rights has been accepted as a principle in various elements of legislative systems as well as its implementation. Therefore, it seems that principles based on the protection of citizen's rights are also used in the field of regulations governing Islamic city and village councils. Citizenship rights should be in the light of citizenship rights and its protection both in the creation phase and in the implementation phase.

The present research was carried out using a descriptive analytical method.

Human rights documents can undoubtedly be considered as one of the important sources of citizenship rights. In other words, by joining the human rights documents, governments commit to align their domestic regulations with their international obligations, and based on this, drafting regulations related to the right of citizenship is a part of this process.Councils can play a significant and important role in the realization of citizens' rights by providing a platform for citizens'participation in the administration of affairs. Considering the role of citizens in the city council elections, it seems that the right of citizens is respected in the councils when they have the principle of voluntary participation in the elections.

the basic pillar of settling claims is evidence to prove the claim; Evidence based on actual discovery. The religion of Islam has also assigned the task of settling the case to the judge and has made his criterion to apply the law. In accordance with the orders of Islam, the legislator has placed the laws on the basis of discovery and by giving authority to the civil judge to discover the truth, the chapter of hostility as Choose the last solution, because the season of hostility is not the purpose of the proceedings but its necessity.

The present research was carried out with a descriptive analytical method.

In order to unify the rules of civil and criminal proceedings and trust in the judge's knowledge, the rules limiting the judge's discretion are decreasing. In this research, with a new analysis of the rule of prohibiting the study of evidence and its difference with insinuation of evidence, the role of the judge in obtaining evidence and discovering the truth has been addressed, and the findings indicate that the active role of the civil judge in the trial and judicial evaluation of civil evidence, such as criminal evidence, It has been accepted in accordance with the English judicial systems and transnational civil procedure; In Iranian law, with a new approach in the rule of prohibition of proof, identification of loopholes and evolution in the law of civil procedure, the high goal of the procedure can be achieved.

Proliferation of international tribunals and jurisdictions is a rather new phenomenon that has emerged in international public law, generally and in international trade law, specifically. However, this phenomenon signals preparation on the part of states to use courts and tribunals for settling their disputes peacefully, it may raise problems when courts arrive at divergent or event conflicting rulings in an international legal order that lacks hierarchy. This article aims to address whether proliferation of tribunals and jurisdictions has emerged in international trade law; and if so, what is its consequences for international trade law and which possible solutions may be suggested to deal with its negative consequences.

This Research is prepared by a descriptive-analytical method.

Given to reasons for proliferation of tribunals and jurisdictions that are addressed in this article, the answer to the question of emergence of proliferation in international trade law is positive. Thus, the consequences of proliferation in international trade law are presented. Then, in regard with exclusive jurisdiction of World Trade Organization (WTO) for international trade disputes and its exceptions by Free Trade Agreements (FTAs), practical instances of conflicting jurisdictions in international trade law jurisprudence are recognized. Finally, possible tools for solving conflicting jurisdictions between WTO and FTAs disputes settlement mechanisms, and also possible solutions for improvement of cooperative interactions between these mechanisms are suggested.

Civil responsibility has always undergone fundamental changes due to the changes that happen in human life. Economic attitudes to rights and economic analysis of rights are among the topics that have influenced civil responsibility. Therefore, in this research, the criterion based on economic efficiency has been investigated in the verification of the conventional person.

In terms of purpose, this research is practical and in terms of information gathering, it was done in a documentary way and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical way.

The economic concept of the conventional person examines two realistic and normative approaches in order to achieve economic efficiency, which the economic criterion of the conventional person is based on the measurement of benefits and costs And in this way, she will be able to create the necessary motivation in the perpetrators of damage and potential victims to take appropriate precautionary measures in order to prevent harm to themselves and others. In addition, the chaotic economic consequences have been prevented and thus an effective step has been taken in reducing the amount of costs and realizing economic efficiency. In fact, the economic analysis of the conventional person, while it resolves many ambiguities of the abstract and general concept of the conventional person, it can be a desirable and efficient criterion if it is not the only basis and goal of the conventional person and is desirable and a goal along with other goals and foundations of the conventional person. Thus, in the realist approach, because economic analysis is the basis and in line with other principles and goals of the conventional person, such as ethics, justice, and fairness, it is considered a desirable and acceptable criterion, also in the normative approach, because the economic criterion is the only basis of the conventional person. It is necessary to doubt its correctness and justification.

One of the most important legal issues in the electricity supply chain is how to activate consumers who start producing electricity in the electricity market. At the time of writing, the presence and activity of electricity consumers in the Iranian electricity market has been very passive. Because their role as independent market participants has been flawed or not facilitated. How Blockchain technology can help customers in the lowest position in the electricity supply chain in Iran to have an active presence in the electricity sector as independent market participants? What legal and political consequences will follow the application of blockchain technology in the electricity industry in the country?

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

Using emerging technologies such as Blockchain, which uses a peer-to-peer trading method, in addition to activating consumers in the electricity market, the idea of creating an electricity market with the presence of consumers can be pursued. Transactions are now facilitated by third parties, suppliers, and system operators whose primary task is to collect and centralize information about cargo and the production and contracting of supply and distribution services. Instead, blockchain technology provides new ways to organize decentralized people without the immediate need for an intermediary. The use of this technology requires legislative policy in order to validate these technologies, legislative policy in order to implement emerging technologies and implementation policy in order to install and use these technologies by executive agencies.

monitoring of elections in each country is done in a special way; Based on the method and style of regionalization of the United States, which consists of many states, the method of holding a broad election such as the presidency in all states will not be in a specific way and in line with homogeneous policies. In America, special commissions supervise the elections. These committees operate under the supervision and guidance of the "Federal Election Commission" and according to the law of the Federal Election Commission, supervisory actions are mostly focused on advertising and election expenses, and even candidates' qualifications are not monitored.

The current research is documentary and library in terms of research tools and descriptive-analytical in terms of analysis method.

The partisan and factional interests of members of the state legislatures can leave a tremendous impact on the political fate of the entire United States people with electoral districting. Of course, drawing the boundaries of electoral districts is considered part of the authority of each state, and although in 32 of the 50 American states, this task is entrusted to the state legislatures, whose final approval is often subject to the approval of the state governor, but in the rest The states have become independent institutions responsible for this, although the output of their actions ultimately requires the approval of the state assembly, but it is a positive step to prevent the zoning guage.

One of the challenges of the international system (international organizations and norms as well as countries) in the Middle East region and specifically in Afghanistan and Syria is the spread of extremism (religious and ethnic, etc.). Although this issue can be investigated from different dimensions, the purpose of this research is to investigate this issue in Afghanistan and Syria within the framework of international law and Russia's foreign policy strategy. The main question of the article is how the issue of religious extremist groups and their actions as well as the way they are dealt with (states and transnational institutions) are viewed in international law and on the other hand in the foreign policy of Russia in the Middle East. Is? The method of conducting this research is qualitative. The method of data collection is also a library, and the descriptive descriptive method was used to analyze the information. The results of the article show that the main danger of religious extremism in terms of international law is violation of human rights, international peace and security, terrorism and religious freedom within the framework of liberalism discourse. On the other hand, although the Russians have the same interests as Western countries in issues such as the fight against terrorism, the peace process, the prohibition of the proliferation of weapons of mass destruction, the fight against drug trafficking and organized crime, however, in issues such as changing the regimes Political,

Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society, and Iran is no exception. Iran's economic environment, due to suffering from many injuries, compared to economic systems like France, creates a more favorable environment for committing economic crimes, the spread of economic crimes prevents the government from achieving its national goals in the field of economic security and general crimes. endangers

The present research was carried out using a descriptive and analytical method.

For the first time, the Islamic Penal Code has presented a concept of economic crime by the method of "limited explanation of examples". To some extent, it can be said that examples of economic crimes have been stated. The criticism of economic crimes in Iran's current criminal policy is that some crimes, such as securities market crimes, are excluded from the scope of the definition, and some crimes do not have an economic nature and can only be related to economic crimes. , such as not announcing the occurrence of these crimes by the official authorities, they are included in economic crimes. Contrary to French law, in Iran's criminal policy, especially from the point of view of formal rights, there is no coherent and regular approach and no differential regime has been considered to fight these crimes, and despite the specification of "Special Court for Economic Crimes.

The present work has delved into the field of discovering a scientific-applied method to detect and determine the types of nullity (absolute, relative and non-existence) of the contract in the laws of Iran and France. In the laws of these two countries, in order to distinguish the types and examples of invalidity, three general criteria are used: "Conditions of the validity of the contract", " uninforceability " and "Public interests versus private interests" and the latter criterion is the main criterion for selection and entered into the civil law. France has also become new. Considering the inadequacy of the mentioned criteria, the purpose of the present research was to discover a regular and new method to determine and recognize the types of invalidity in the laws of these two countries.

The research was done in a descriptive-analytical way and the information was collected in a library way.

While examining the concept and examples of the above three criteria, this article has first turned away from the criterion of " uninforceability " on the occasion of its independence against the guarantee of "Nullity" implementation; Secondly, it has not recognized any of the above criteria as a general criterion for recognizing the type of invalidity; Thirdly, instead of the dominant criterion, he liked the criterion of "public order versus private and public interest"; Fourthly, he has proposed new criteria such as "rules of commandment", "reason", "customs of commandment" and "justice";