نشریه تمدن حقوقی
پیاپی 15 (تابستان 1402)

The funding of international arbitration is considered one of the areas of investment, according to which the possibility of pursuing Claims in arbitration. The diversity of funder and funded has led to a wide variety of international arbitration funding models. The third party funding in international arbitration (TPF) has been as the most popular and newest method of funding in the international arbitration. But the fact is that before the emergence of this new phenomenon, different funding models such as Attorney, insurance, loans and Assignment/Sale of Claims or Awards have been used, which of course, with the emergence and use of "TPF" development and have evolved. Of course, with the passage of time, active investors in the funding of international arbitration in order to invest and attract  provide new client of international arbitration funding models such as the Enforcement Financing, portfolio funding, corporate financing, Going Beyond Financing Legal Cost and Equity Financing. Entering in funding of international arbitration requires knowing the types of funding methods of international arbitration.

Industrial Revolution which is supposed to be a landmark throughout the recent centuries, led to many changes in the country's legal system. As a result, despite the conservatism of family law, its tendency to be up-to-date is evident. Although Western family law systems have been reformed, passive acceptance of their approach is not suggested to other countries, namely Islamic land, because it is a defeated experience. So authors for suggesting new ideas in the face of modernity will evaluate the Egypt, Morocco, and Tunisia family law systems. This article Industrial Revolution which is supposed to be a landmark throughout the recent centuries led to considerable changes in the country's legal system. As a result, despite the conservatism of family law, its tendency to be up-to-date is apparent. Although Western family law systems have been reformed, passive acceptance of their approach is not suggested to other countries, namely Islamic land, because it is a defeated experience. So authors for suggesting new ideas in the face of modernity will evaluate the Egypt, Morocco, and Tunisia family law systems. This article shows that their moderate approach which is not considered a passive acceptance of Western reformation in the family law, is compatible with Islamic Law. Hence, this essay proposes to lawmakers and policymakers in the Islamic Republic of Iran to evaluate the approaches of Islamic countries such as Egypt, Morocco, and Tunisia.

One of the basic challenges in the legal systems of the world, including written, customary and Islamic legal systems, how to compensate moral damages. The most important challenge in the field of moral damage compensation is the method of compensation. In other words, due to the non-financial nature of the moral damage, there is no optimal and consensus method to compensate the damage. In this regard, Iran's legal system is not exempt and faces many challenges. Therefore, with the comparative demand of Iran's legal system with England, methods of compensation have been investigated and the achievements of this research include clarifying the situation; acceptance of compensation for moral damages in the legal system of Iran and England, Material and non-material methods of compensation for moral losses, The quality of moral damage compensation in the Iranian legal system is compared to the English legal system.

Criminological findings acknowledge that if serious attention is paid to the role and position of the victim, it has a significant impact on solving the criminal problem and even in many cases, it will prevent the victim from becoming a second victim. Since victimization is an important discussion in the field of criminology, one of the types of victimization for which the least preventive solution has been provided is the victimization of the second immigrants. The issue of foreigners as an important minority that includes a large population under different names such as: refugees, immigrants, tourists, political agents, etc.; Less attention has been paid to the victimization of this second group of society. Since foreigners (immigrants) are among the vulnerable sections of the society for various reasons; It is more likely to be victimized, especially the second victim. The present research has been conducted with the aim of studying and investigating the problems of migrant victims in the criminal proceedings or the secondary victimization of migrants in the criminal proceedings, and it has been tried to explain the effect of the type of behavior of the institutions dealing with the victim and its role in the secondary victimization of migrants. In the current study, with a qualitative descriptive-analytical method (interview and face-to-face observation), the causes of the formation of victims of the second immigrants are issues such as: the immigrants' fear of returning to their country, the

Context and Afghanistan's efforts to control the waters of the Hirmand and Harirud rivers to support postwar reconstruction and development have worried Iran. The Iranian government considers Afghanistan's agricultural development and dam-building activities as a threat to water security in its eastern and northeastern provinces. Despite the treaties between the two governments, the cooperation initiative is still ineffective. In this regard, Afghanistan's reluctance to negotiate complex regional policies, Iran's peaceful behavior and border citizenship tensions are among the issues that have resulted in unsuccessful diplomacy in this regard. This research has been carried out with the aim of emphasizing the neglect of Iran's rights in Sistan and Baluchestan Province and also determining a specific approach to curb this problem. The present research was written in the framework of library studies and descriptive method and was done based on the necessity and importance of the subject. In this regard, the findings of the present research are that dialogue-based diplomacy is not necessarily the answer to lose rights and defense diplomacy should be on the agenda to maintain security and peace. It seems that the defense diplomacy strategy can be the solution to the issue of Hirmand in the direction of environmental and security risks.

Determining the minimum age of criminal responsibility has always been one of the controversial issues of the Convention on the Rights of the Child. This research aims to compare the criminal responsibility of children in Iranian and American law by using the descriptive-library research method and the data collection tool and the conclusions have been made. In 2012, the legislator made important changes in the field of criminal responsibility of children and determining the minimum age of their criminal responsibility. First, a distinction was made between the minimum age of criminal responsibility and the age of criminal maturity in Ta'ziri crimes, and then the freedom of action of the judges was increased to not implement the limit and retribution in the case of perpetrators under the age of 18. In the American federal law, there is no specific minimum for the criminal responsibility of children, and it has left this issue to the state law, which varies from 7 years to 21 years, but based on the general rules of the common law and children under ten years of age from criminal responsibility. They are completely conductive. On the contrary, teenagers between ten and eighteen years of age have the same criminal responsibility as adults, but the way they are treated is different from the treatment of adults, so that the main emphasis is on reform and education.

The precedent of the position of prosecuting attorney in Iran's criminal justice system and the assignment of a part of the prosecutor's duties and powers to this institution Is in a way that makes the relationship between the prosecutor and the prosecuting attorney inevitable, considering the investigative nature of Iran's criminal justice system in the preliminary investigation stage, the appropriate model of this The system type of the model Is a hierarchical relationship in which nonequivalent communication prevails. It is necessary to explain the hierarchical relationship between the prosecutor and the prosecuting attorney using established concepts and components in management science to create a solid theoretical support in the design of the desired model. The present study, using the analytical-descriptive method and collecting the required information in the library method, and relying on the relationship between the prosecutor and the prosecuting attorney in the criminal justice system of Iran, tries to analyze the pattern of hierarchical communication between the mentioned authorities and its pathology. The findings of the research indicate that this model, in spite of advantages such as organizational order and the coherence of the approach of observing citizen rights and equality and integrity in the implementation of the law, suffers from inefficiency and costly guidance and supervision, and insufficient attention to human ethics. And professional etiquette suffers. Despite the prosecutor's guardianship over the prosecutor's decisions through referral, guidance and supervision, the acceptance of the independence of the prosecutor, especially in the final decision and provision leading to arrest, not only does It not contradict the model of hierarchical communication, spatial independence requires accepting the possibility of a dispute between the prosecutor and the prosecutor and resolving the dispute by the court. The close relationship between the prosecutor and the prosecuting attorney with effective incentives to create an atmosphere of interaction between them, avoiding interference, is ineffective, successful mechanisms to reduce existing disadvantages by maintaining a hierarchical hierarchy.

One of the prominent and important components in dealing with the issue of terrorism is to examine gender so that the experiences and goals of women in joining these groups become more prominent. The increase in the presence and activity of women in terrorist acts, especially with the formation of the Islamic State of ISIS, made attention to the issue of gender in research and research related to terrorism more prominent The mission and goal of terrorist groups in attracting women shows that this group promises each of the women who want to join it exactly an ideal and a goal that is felt as a lack and limitation in the normal life of people; In other words, from the point of view of ISIS, women are no longer pitiable and victimized members of society, but as important and strategically important members who can assume the important and main roles of leadership and command of the organization. This research will investigate the participation of women in terrorist groups with a descriptive-analytical method.

Piracy is simply any illegal act of violence by a private (non-governmental) ship in the high seas against another ship with the intention of looting. Piracy is one of the topics that has not been seriously addressed and has been neglected. It is for this reason that the mentalities of this phenomenon have remained in their most superficial form. In fact, there is more or less piracy in the waters of the world, and some people rob commercial ships with specific goals and according to their needs, which is a special terrorism applied to commercial ships. The importance of piracy is not because the thieves are defeated, but it can be processed because, firstly, most of the economic and commercial exchanges of countries take place through the sea, and secondly, few people believe that piracy still exists and is being carried out. The increasing growth of piracy in recent years, especially on the coast of Somalia, has led to various global reactions. Several countries, including Iran, have sent their naval forces to the Gulf of Aden and the coast of Somalia in an effort to protect international shipping and, of course, their commercial interests.

One of the most important challenges in the field of economic law is the issue of corruption of government officials. Abuse of government power for personal gain is an event that is common in the administrative and political systems of different countries. Financial corruption with its various dimensions exists in all countries (more or less). Our country is also struggling with this problem and attention has been focused on this issue and the need to fight it for some time.. Financial corruption is a complex phenomenon with multiple causes and effects, which is raised in various cultural, political and economic dimensions and requires specific combat solutions. Among the most important of these factors is the deprivation of economic freedom, which through the excessive interference of the government and related institutions, creates the basis for the spread of financial corruption of government officials at the micro and macro levels. In the present research, with the descriptive and analytical research method of the theoretical materials and considering the purpose of the research is to investigate the solutions to fight against the financial corruption of government officials in Iranian law, as a result, like progressive countries with the rule of law in the country's financial system, discipline created finance so that corruption can be dealt with under the protection of rules and transparency created by the law. There are serious and effective measures to fight the problem of financial corruption; Hiring and employing competent people, appointing and promoting jobs according to certain criteria, reporting to the public, monitoring the property and assets of government officials, are among the most important measures that are taken in many legal systems in order to deal with financial corruption. , has been used, which if these actions are done correctly, will leave concrete and effective results in the fight against financial corruption.

One of the issues that have been implemented in the field of women's rights in the last two decades is the issue of women's right to receive remuneration for the work that she has done in her husband's house, of course, the work that was not part of her duties and the intention in doing has not donated. In this research, we are looking to show, according to the valid sources of jurisprudence and the current laws of the Islamic Republic of Iran, how far is the scope of the fair equivalent remuneration? The result of the present research is that, contrary to what some have thought, it has not been accepted as a principle, but in exceptional and limited cases, and it has been accepted as some problems of the women's society at some point in time. Legislators should write a law about the fair equivalent remuneration it should not cause the woman's wage to work at home to be accepted as a principle in the society and to be promoted and confirmed, because if this policy spreads among people, it will indirectly affect all domestic services. It will be the woman's responsibility because it is assumed that she will receive wages for her work. On the other hand, it lowers the dignity and status of a woman as a wife and a mother in the family, especially in Iranian families where women somehow manage the house and are respected, to the level of a house staff.

Among the new technological issues associated with virtual space is the use of Bitcoin as a virtual currency and cryptocurrency instead of traditional money. The unique features of Bitcoin have separated this type of virtual currency from other virtual currencies; Because this type of virtual currency has faced problems due to not being included in traditional payment systems; so that on the one hand it has been deregulated and on the other hand traditional payment rules have no place for this type of currency; Therefore, this issue has made bitcoin more attractive to financial-economic criminals than other virtual currencies and leads to economic crimes such as money laundering, fraud, smuggling of goods and currency, etc. The current research has studied Iran's criminal policy in the management of cryptocurrencies (Bitcoin) with a descriptive-analytical method; The results of the research indicate that Iran's criminal policy against such crimes that arise from the use of cryptocurrencies has been a passive policy (prohibition of use), but now a more realistic policy, which is similar to the policy, is waiting. "Stay and see" has been undertaken. According to this policy, the bank is not a guarantor in the field of verifying the authenticity of cryptocurrencies and does not apply any mechanism to manage and stabilize their prices, and the risk and risk of investing is with the investor himself.

The increase in the inflation rate in Iran and the decrease in the value of the currency have raised the issue of determining scope of the unauthorized seller's guarantee of payment of compensation. There is no dispute about the need to pay the price from the unauthorized seller, but the differences of opinion are for the time when the value of the goods has increased and the value of the price paid has decreased. To compensate for this unjust loss, there are serious differences between jurists and legal scholars and in the judicial procedure, which requires organizing and reaching a common point to prevent the right of the ignorant buyer. In spite of the issuance of unanimous ruling No. 733 of the Supreme Court, this problem still remains. It seems that paying the price on the day of sale by the unauthorized seller to the customer is closer to justice and fairness because the price increase may exceed the inflation rate of the bank index. Therefore, exchange justice requires the issuance of a judgment based on the value on the day of sale.

The economics of crime is one of the interdisciplinary topics that entered economics after the 1970s with the efforts of Gray-Becker, and this science is trying to analyze the economic aspects of crime. The occurrence of crime as an undesirable social phenomenon has several economic and social causes, and due to the importance of the issue of crime, in different countries, in recent years, extensive studies have been conducted to identify and explain the causes of its occurrence. Identifying and explaining the causes of crime makes we reach the goal of prevention; because the costs of crime, especially the costs of punishment, including imprisonment, impose a heavy burden on the executive body. By identifying and preventing these factors, these costs can be reduced and spent on other priorities. In this article, the dimensions of the economy of crime in the analysis of the pluralism of punishment and its individualization have been investigated with a descriptive and analytical method.

Community-oriented punishments are a new generation of punishments that have emerged in the history of human civilization. If in traditional and modern punishments, the emphasis is on exclusion and removal of the criminal from the society or his separation and isolation from the society, in the discourse of "community-oriented criminal justice", there is no talk of exclusion, exclusion and isolation, but of absorption and integration. It is the connection, restoration and participation of the criminal in the society and immediate and quick conformity with the society. The present study was conducted with the aim of investigating the effects, challenges and consequences of community-oriented punishments in Iran's penal system, and it is a descriptive-analytical research with documentary and library methods. According to the research method, the sources used in the research, including books, articles, and internet resources, were first collected, and after analyzing the contents, they were extracted and finally reflected in the text of the research, and finally it can be said: Social punishments are a suitable educational method to strengthen the will of criminals and accustom them to discipline, obeying laws and regulations, peaceful coexistence, playing a social role and especially understanding social responsibilities, preventing the losses of being kept in a closed and important environment. Above all, their rehabilitation and prevention of falling back into the abyss of delinquency is implemented.

Marginalization as an external factor causing crime is of great importance in criminology and criminal sociology studies and is considered as one of the causes of delinquency. This is because the areas where marginalized people live are part of the areas that are very ready to commit crimes, the lack of sufficient supervision in these areas, the existence of very needy and unemployed people, the low level of literacy, etc. These factors have made it easy for criminals to live in this place, and as long as these factors exist, these areas will be crime-prone. What we are trying to investigate is the crimes and anomalies that originate from living in marginal areas and the place this has in Iran's criminal system In the current study, the position of marginalization in the legislative policy of the Iranian criminal system is investigated. The applied method in this descriptive-analytical research and the data collection tool is also a questionnaire. The goal that can be stated for this research is to investigate the position of marginalization in the legislative policy of Iran's criminal system. In connection with the mentioned goal, the main question that is raised is, what is the place of marginalization in the legislative policy of Iran's criminal system? It seems that the issue of marginalization has no place in the criminal legal system and legislative policies such as legal solutions, physical solutions and supervisory solutions are necessary. The findings of the research show that in order to combat the phenomenon of marginalization, a well-considered and appropriate policy has not been implemented and does not exist.

Execution of the verdict is considered as the ultimate goal of a fair trial, and achieving this requires comprehensive and complete investigation and understanding of the subject, concepts, and principles governing it. Based on this, the Administrative Justice Court is facing various challenges in the correct implementation of its rulings. The government, as a defendant against the rulings of the court, is considered an important challenge in the proper implementation of the rulings of the aforementioned authority. Since the most important stages of proceedings in all judicial authorities is the stage of execution of the judgment and basically the goal of the petitioner, the plaintiff and in general every beneficiary of the lawsuit, as well as the attention of the judicial system to the lawsuit and compliance with the related legal principles and formalities, is the execution of the issued judgment, therefore The realization of the right and the application of justice or the end of hostilities depend on the implementation of the decision. The laws related to the implementation of the rulings of the Administrative Court of Justice are mentioned scattered in articles 107 to 119 of the Organization and Procedure Law of the Administrative Court of Justice approved in 2012, and the big problem that occurs in the implementation of these rulings is that the addressee of the implementation of the rulings of the Administrative Court of Justice, the government and because the government, unlike natural persons, has special authority (based on public interest), the ground is provided for the possibility of non-implementation, incorrect implementation or incomplete implementation of the rulings issued by the Administrative Court of Justice. In addition, the concern of reviewing the execution of the rulings of the Administrative Court of Justice is the existence of many challenges and problems facing this institution, including the reluctance of government officials to properly execute the issued rulings and the lack of a guarantee of sufficient execution in this regard, which without a doubt seriously harms the right of citizens to sue and solutions should be found to solve them.

Background and The importance and necessity of analyzing the differential criminal policy against the crimes of the armed forces has an undeniable effect in preventing the occurrence of crimes. It is impossible to ignore the adoption of a discriminatory and effective criminal policy regarding some crimes, including military crimes, which have a sensitive nature, and the slightest tolerance against them leads to the destruction of the order and security of the society. The necessity of revision is generally related to the adopted policies and the way of their implementation. Therefore, it seems necessary to examine the criminal policy governing the two countries regarding the substantive crimes of the armed forces, to find out the decisions made in this area and, if possible, to revise the laws of the Iranian armed forces. The present research was carried out with a descriptive-analytical method. In both the criminal systems of the Islamic Republic of Iran and the United States of America, the legislator has mentioned the issue of increasing punishment and reducing punishment in the armed forces. The results of the research indicate that in the criminal system of the Islamic Republic of Iran, the reduction of punishment is possible according to the opinion of the court issuing the sentence, but in the law of the United States of America, in addition to the court issuing the sentence, it is also possible according to the opinion of the military commanders. In the criminal system of the armed forces of the Islamic Republic of Iran, in the cases of silence of the Law on the Punishment of Crimes of the Armed Forces approved in 2003, the aggravating qualities stipulated in the Islamic Penal Law approved in 2013 are applied to military personnel, but in the criminal system of the United States of America, the punishment is intensified according to the law of the armed forces. It takes place in the United States of America.

Injustice and denial of rights of indigenous peoples are part of the long legacy of colonialism. Parallel processes of exploitation and injustice can be identified in relation to non-human species and/or aspects of the natural environment. International law can address some extreme examples of the crimes and harms of colonialism through the idea and legal definition of genocide, but the intimately related notion of ecocide that applies to nature and the environment is not yet formally accepted within the body of international law. In the context of this special issue reflecting on the development of green criminology, the article argues that the concept of ecocide provides a powerful tool. To illustrate this, the article explores connections between ecocide, genocide, capitalism and colonialism and discusses impacts on indigenous peoples and on local and global (glocal) ecosystems.

Increasing number of countries over the world are enshrining in their constitutions the right for citizens to follow and participate in proceedings in their own language. Court interpreters work in civil, criminal and administrative courts to ensure just that. At an international level, several courts (the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda amongst others) have established specialized language services that make use of conference interpreters in a legal setting. Court interpretation is a service provided by a court certified interpreter who is trained to interpret between English and one or more foreign languages. Interpreters work with a number of different individuals in the court system and are able to communicate directly with the individual they’re working with, providing a necessary line of communication between that individual and other representatives of the court. A certified court interpreter carries a lot of responsibility in their role. Everything one interprets from a person is taken as fact, which puts pressure on the interpreter to make sure these communications are as accurate as possible. In addition to the words used, appropriate context, tone, and implication must be considered. Also be used to provide the closest possible meaning of what was said to the court.