مجله پژوهشهای حقوقی
پیاپی 51 (پاییز 1401)

Domestic courts are considered one of the most important tools for enforcing international law. However, for some reason, the domestic courts of all states are not permitted to participate directly in the enforcement and development of international law. The context of legal culture, historical experiences and geographical location have influenced the position of international law in the legal system of states. Hence, domestic courts consider the cases before them, given the place of international law in their domestic legal system. Based on several factors that have influenced the attitude of the Iranian legal system in general, the role of Iran's domestic courts regarding international law can also be explained. In this article, while looking at the role of domestic courts in the implementation and development of international law in general, we will focus on the factors affecting the enforcement and development of international law by Iranian courts in particular. It seems that the historical experiences of the last century in Iran have played a greater role in the attitude towards international law.

The principle of the equality of sovereignty of states is one of the important internationally accepted rules that has a customary origin and the judicial immunity of states and their property is one of the consequences of accepting this principle both in international treaties such as the 2004 United Nation convention and in international jurisprudence, including in the 2012 ruling of the international Court of Justice. Some governments such as Japan, have enacted domestic law on the immunity of governments and their property due to the need to follow international rules and have committed themselves to complying with these rules and some, such as Italy, have waived or reduced their immunity and, while deviating from international custom and practice and violating some of the former domestic laws, have sought to create new custom and subsequently new exceptions to customary international law. The Italian Constitutional Court, relying on the right of access to justice, has rejected international jurisprudence in the filed on immunity and violated the law based on the said ruling but Japan, while paying attention to the provisions of the Convention, has adapted its domestic law to the provisions of the Convention and is implementing it, and has not accepted any new exception.

Interpretation as a mental act used to understand the meaning and concept of a text has long been important for understanding religious and legal texts. However, there is still disagreement among experts about the limits and scope of this legal entity. During the seventeenth century, many jurists have tried to define the framework, limits and limits of interpretation. one of the most important points in interpreting the role of time in recognizing and meaning words. It has long been thought that in order to respect the will of a text, phrases and words must be considered in the sense of the time they were written. However, dynamic or transformational interpretation is an approach that tries to consider the role of time as an important element in interpretation. In other words, words should be interpreted in terms of changing the meaning of words over time. This approach has been particularly important in jurisprudence over the past few decades, and the International Court of Justice, as a world court, has explicitly recognized that words and phrases as living beings can evolve throughout history. This study, with a historical look at the concept of interpretation in international law in several centuries of its life and considering the evolution of jurisprudence in the last century, specifically examines the practice of the International Court of Justice in the category of interpretation in the twentieth century and the beginning of the third millennium. have given. In this context, the jurisprudence of the International Court of Justice has been evaluated in the light of the hypothesis that the Court, in the light of developments in the international community, has considered principles that interpret treaties in the current context, principles that play the role of "time". are taken into account in recognizing the meaning of words.

In the international legal system,mechanisms have been established to resolve dispute between subjects,provide the ground for the rule of law order and security in the international community is one of these mechanisms of arbitration.in foreign investment arbitration,one party to the dispute is always a government institution,and the rights of the people are also at stake, the public or private party may object to the arbitral awards and the proceedings or the content of the awards and request a review.as we know arbitration is a one-step and there is no review authority in arbitration.but sometimes,due to exceptional circumstance,a revise to the arbitration award may be necessary.on the other hand the possibility of correcting spelling or computation errors, or misspell or supplementary and interpretive awards should not be confused with revision,because the correction of the award or the issuance of a supplementary and interpretive award is in fact a continuation of the initial arbitration process,but the purpose of the review is to reconsider the same matter in the same arbitral tribunal.revision has been one of the most controversial international issues in the field of investment.revision is an exception and the principle is that the arbitration award is final and binding.sometimes the award may have such damages and objections that it’s execution is not justifiable and need re-opening.obviously,prescribing such awards constitutes participation in injustice or violation of the law to ensure the validity of arbitral award and it’s authenticity,especially the execution of justice,establishment of a revision mechanism canbe predicted.

The principle of prevention refers to the prevention of certain existing hazards in the field of environment, the main fruit of which is to pay attention to environmental protection. The International Court of Justice (ICJ), as the legal body for the peaceful settlement of international disputes in matters relating to the principle of prevention in international environmental law, has issued cases such as Gabcikovo-Nagymaros Project and Pulp Mills Case. While emphasizing the importance of this principle in order to better achieve it, recognizes the requirements for governments as the main subjects of international law. Governments have also paid special attention to the principle of prevention in their petitions and defenses, and have emphasized the necessity and importance of its observance.This article discusses how the International Court of Justice pays attention to the principle of prevention in international environmental law and the place of the principle of prevention in the judicial procedure of the International Court of Justice.

The right to the city is a part of human rights, which one of its aims is guaranteeing the safety of inhabitants of the city. This right, which is among the rights of the third generation of human rights, is known as the "Right to the Safe City". Safe City means the safe habitat, the safe transportation and the unpolluted environment with maintaining the life of inhabitants. Citizens in such city are not inactive and passive. They have an impact on the process of selecting city managers and executing the decisions taken in the name of the city. The Right to the Safe City expresses the right of the inhabitants to benefit from safety in front of natural events and human activities. Identifying this right brings about two positive consequences:- supporting the city as an alive and dynamic creature;- codifying a separate charter for each city according to local requirements for achieving sustainable development and resolving urban problems.

The legislative power of the Islamic Consultative Assembly is within the framework of the principles of the general constitution and in line with the principle of separation of powers in general matters, it can enact laws within the limits prescribed by the Constitution. It is not superior and is considered the rule of ordinary law. Accordingly, in this study, the question arises as to why the ratification of treaties and the monitoring of nuclear activities fall within the competence of the Islamic Consultative Assembly? The method used in this research is documentary-library and the type of research is descriptive-analytical. Based on the results of the research, it can be said that one of the most important special features of the parliament Such treaties, treaties, agreements and international agreements, which are, of course, acts of commitment between States which are the exercise of their powers, must be ratified by Parliament. Iran's nuclear activities are one of the most important parts of the foreign policy of the government of the Islamic Republic of Iran, which in fact determines the type of policy that the government of the Islamic Republic of Iran as an output to the input and environmental demand of society between International updates.

Although discrimination and inequality are the most common terms in the anti-discrimination law discourse, the methodology of discrimination has been less discussed among legal scholars. The predominant method of legal recognition of grounds of discrimination is based on criteria of immutability and fragmentation in single-axis discrimination and the application of an additive approach to discrimination based on more than one ground. The burden of proof is also based on applying a comparison test regarding double or multiple division. This article uses intersectionality as an analytical tool to highlight the weakness of the anti-discrimination law methodology at both the normative and procedural levels in recognizing grounds of discrimination and establishing an intersectional claim. Essentialism in the experience of discrimination, narrow, exclusive, single-axis and separate definition of the grounds of discrimination and its recognition criteria, the method of proving discrimination and applying a limited comparison test based on the discriminant / discriminated duality without considering the complexity of every case is a critique of the methodology of discrimination. Following the critique of the dominant approach, an approach with an emphasis on jurisprudence introduces the methodology of intersectional discrimination based on the principles of relationality and context with flexible, necessary, and comprehensive comparisons. The authors try to pay more attention to the use of intersectionality as a method in law along with the level of theory. A methodology that continues to adhere to the underlying structure of anti-discrimination law but provides a more accurate understanding of the reality of the phenomenon of discrimination.

The tax detection phase is one of the main tax stages that determines the fate of a tax case and can provide or undermine the taxpayer rights. Therefore, it is important to extract and explain the legal rules governing this stage.The question is, what are the rules governing Iran's legal systems regarding the tax detection phase? In spite of the existence of several legal criteria that can be identified at the tax detection stage, the most important and applicable of these terms can be summarized in the "Seven Criteria". These seven criteria are often in line with the rights of taxpayers, because the tax Organization has superior sovereignty and power, and violations of taxpayers' rights are more likely. However, some of the criteria are also intended to facilitate the taxation process by the Organization. The method used in this study is descriptive-analytical.

One of the issues incorporated in the International Law Commission agenda is “Unilateral Acts of States”. In recent decades, states have had many unilateral acts in the international level. Absence of rules for identification of unilateral acts of states and their components according to international law, on the one hand, and importance of codification for such acts, on the other hand, have led to a prolonged analysis of them in the International Law Commission for one decade. Questions such as whether unilateral acts of states only have legal aspects or also incorporate political acts; or what the elements of independent unilateral act in international law are; or what is the relationship between unilateral acts and other rules of international law such as the Law of Treaties; were discussed in the Commission; and eventually, after ten years of study and analysis, the Commission succeeded in codification of guidelines for this issue, which includes some challenging points.

The main purpose of this study is to investigate how to register insurance companies and provide information on how to obtain the necessary licenses in this field and ultimately facilitate this. Undoubtedly, one of the most important and fundamental steps to start a business and provide services and wealth can

The article has been done analytically and descriptively using library, internet resources and related upstream documents. In this research, we examine how to register insurance companies, requirements and regulations, as well as the necessary documents and its steps.

In the meantime, considering the importance and position of the issue of insurance in people's daily lives, it can be said that insurance activities and insurance companies are one of the most important legal entities active in our country, and their impact on people's lives, health and peace is tangible. And they have an undeniable role in the economic field and related issues. Therefore, how to register these companies and identify them can be an important issue that knowing how it can be an effective help to improve activities related to insurance businesses.

The results of the present study showed that the registration of insurance companies in order to identify them, identify stakeholders and holders of related responsibilities, monitor their activities and facilitate the provision of services to the target community, etc. is vital and familiarity with the registration process and documentation The requirements are also important and necessary in achieving the above goals.

In the law of commercial companies, the rule that a commercial company has a separate legal personality is a fundamental rule. The separation of the legal personality of the company from the partners and the limited liability of the partners towards the company's debt has caused the companies that are subject to the limited liability system of the partners to provide adequate cover for the high-risk and sometimes fraudulent activities of the partners. This issue endangers the property and assets of the company, but at the same time, the risk of such risks is externalized by the limited liability of the partners and imposed on the company's creditors. The rule of  piercing the corporate veil is a guarantee of fair execution, which causes the removal of the veil of legal personality of the company and the cancellation of the rule of limited liability of controlling partners and their direct responsibility towards creditors. The main question raised in this research is whether the independence of legal personality and limited liability Are partners of commercial companies absolute or not? Several hypotheses have been proposed to answer the question. The first hypothesis is the absolute independence of the legal personality of the company from the partners, and as a result, the limited liability of the partners for the debts and obligations of the company. The second hypothesis is the relative independence of the company's personality from the partners, which in certain cases involves holding the partners responsible for the survival of the company. It is one of the exceptional cases on the rules of legal personality independence and limited liability, and it will be more consistent with this hypothesis.

Need and will for communicating with others during years has led different technological developments remarkably through Email. Emails cover a large scale of purposes including personal and commercial objectives. Besides request for an email service, any user gets engaged with an agreement which determines provisions and destiny of the email account after death. According to the terms of services of most of internet service providers, there isn’t any possibility for access to email account or transferring the contents after user`s death. This problem has made a challenge for beneficiaries and heirs and has encouraged legal systems and courts to find proper solutions for overcoming this challenge. This article tries to illustrate the challenges of access to email account after user`s death and offer proper solutions to prevent and overcome these challenges .The methodology which has been used in this article for illustrating and analyzing the issue is descriptive – analytic. According to this research, internet service providers mention some factors such as protecting the user`s privacy, administrative and financial concerns and respect to the terms of services as an excuse for transferring  the copyright contents of emails to the heirs and other legal representatives. In this line there are some solutions such as legislation, digital estate planning services, agreement in the form of private contracts and injunction.

One of the effective factors in creating responsibility is cheating; This means that if someone deceives another or is deceived by someone, responsibility and guarantee are created for the deceiver. This type of liability, which is a guarantee resulting from deception, is called in legal terms the guarantee of pride, which is a kind of coercive guarantee and is called civil liability in law. Issues related to the guarantee of pride in jurisprudence are known as the rule of jurisprudence, the rule of pride. One of the types of pride is prying deals. In cases where the prying seller makes a material seizure of the transaction, the ruling on such seizure has not been examined in either Islamic law or Iranian law, especially when the original owner does not allow the usurped transaction, in which case the usurious seller's seizures must be Be an independent title and sentence; Because if we accept that if the owner approves the transaction, her material possessions are also valid due to its legal possessions.

The principles of legality means this. No behaviour, whether an act or omission, is a crime, unless it has already been predicted and announced by the legislature. No punishment should be imposed unless the amount has already been determined by the legislature. The negligence in studying the Zoroastrian legal system in our country has led us to think that most of the legal rules existed only in the Roman legal system. It is important to study the history of the principles of legality in the Zoroastrian legal system because this legal system ruled Iran for a quite a considerable amount of time. Thus,It is very important to investigate the existence or non-existence of the principles of legality in the mentioned legal system. . This research has been done in a descriptive-analytical method by referring to library sources, by describing and analysing sources and documents, we identify and examine the principles of legality in the Zoroastrian legal system. . The findings of this study show that although the texts of these laws are very simple and general, the elements and conditions of crime are not defined in the modern sense, however, the criminal act is summarised in the law to the extent that it can be understood by all.

Juvenile delinquency is one of the major challenges in countries' criminal policy. Starting delinquency at an early age, its continuation and durability in the future will cause more resistance to society's responses. Therefore, designing and implementing preventive programs from prenatal and postnatal periods and in adulthood for children and their parents can be effective in neutralizing risk factors and reduce the likelihood of deviant and high-risk behaviors at the same age. Risk factors are factors that increase the risk of future recurrence, resistance, or duration of delinquency. The United States and the United Kingdom have implemented early intervention systematically and with government assistance to fund the implementation of programs, and have had positive results in reducing the crime rates of children and adolescents with high-risk behaviors in the future. Flexibility of programs with drawing goals for the target group, training of program executors and their accurate justification in line with the program goals and the quality of its implementation, improving or modifying the family structure, involving parents and educators and sensitizing them to appropriate diagnosis and response to High-risk behaviors of children and adolescents are important features of these programs.This research is applied in terms of type and intends to descriptively examine the types of early interventions in Iran, the United Kingdom and the United States and evaluate the implemented programs and results. Evaluating these programs can answer the question of how criminal policy can be successful in the field of early prevention.

The municipality, as a local public and non-governmental executive institution, has various duties, including civil affairs, services, monitoring and protection, welfare, and so on. Definitely the most important issue in municipal area refers to financial management, because problems in the financial system have direct effects on other municipal duties and will cause significant deficiencies. In addition it causes a lot of damage to the city. All over the world, especially in the world's metropolises, the appropriate financial management system can create an atmosphere for achieving goals and lead to development. The survey of Tehran Municipality's financial management system based on comparative studies with other cities of the world, including London, Zurich, New York, Toronto, Auckland, Vienna, Beijing, Dubai and Istanbul, indicates significant deficiencies and reveals the necessity of more studies. The present research, relying on a descriptive-analytical approach and library method, seeks to find appropriate answer of these questions that, what is the most important challenges in Tehran municipality for achieving organized financial management system based on comparative study with other metropolises in the world and what is the solution for achieving organized framework? In order to answer the above questions, in the first step, we will study current situation and in the next stage, we will provide appropriate solutions for organizing the financial system. Lack of proper organization of financial resources and unstable revenues of Tehran Municipality, the need for financial self-sufficiency of the municipality without considering the appropriate infrastructure and lack of financial adequacy of the municipality are the most important factors that have created the current situation And current situation needs scientific and strategic work.