نشریه تمدن حقوقی
پیاپی 16 (پاییز 1402)

Entering the market and exchanging money and goods in some cases is accompanied by disputes arising from this. For this purpose, according to the foundations, goals, economic functions and different dimensions of these markets, some principles should be introduced as the legal principles underlying the legal system of the securities market. The principle of market fairness, the principle of market transparency, and the principle of market order and supervision can be mentioned as the principles governing the securities markets. These general principles can include more detailed principles such as fair competition, equality in the possibility of using information, non-discrimination and fair access to the market. It seems that the important principles of proceedings in dealing with crimes related to the stock exchange in Iran cover more general aspects of legal relations due to the presence of judicial authorities in the arbitration board and guaranteeing the implementation of the law.

The Principles and analysis set forth in Third Party Funding in International Arbitration (TPF) apply to both international commercial and investment arbitration. Because investment arbitration involves states, It necessarily implicates a range of policy issues more deeply, more regularly, and (in some cases) differently than private commercial disputes. These policy issues arise within a larger political context, and within the larger policy debates about the purpose, function, and legitimacy of the laws governing foreign investment and investment arbitration more gener. Another factor that complicates discussion of policy issues regarding third-party funding in investment arbitration is that key elements of these debates are often premised on factual assumptions. This article does not, seek to resolve the existing policy questions. Instead, the primary aim of this article is to identify broader policy issues that relate to analysis in earlier articles in "TPF". Toward that aim, this article will first explore general policy issues that inform specific debates about third-party funding, followed by discussion of political risk insurance, and how it compares and contrast with third-party funding and inter-relates with some policy issues raised regarding third-party funding. According to the expansion and increasing use of "TPF" in investment arbitrations, there are evidences showing the acceptance "TPF" by ICSID.

Removing fetus is one of the issues on which the fact of murder or abortion can lead to different sentences, whether it was a natural fetus or a laboratory fetus. This research aims to investigate the difference between the verdicts and effects of the truth of murder or abortion for fetus in jurisprudential and narrative texts and criminal law before and after the Islamic Revolution and with the aim of clarifying legal challenges and the possibility of contagion of these sentences in laboratory embryos.

The present study is a descriptive-analytical method and using library data including real and cyber, so all the reasons that are full of jurisprudential, narrative and criminal law in the field of murder or abortion can be cited, and then analytic method will be discussed, the difference of its rulings and effects and the possibility of its spread to laboratory fetus.

By examining the jurisprudential texts and the validity of the texts, the title of murder can be considered as true if the embryo in which the soul is incarnate and otherwise the title of abortion will be realized. In the case of the title of murder, jurisprudential rulings such as prohibiting the inheritance of the murderer intentionally or unintentionally from all the property of the fetus or from the blood money and also the provisions of the statutory rights, including the provisions prescribed in Articles 47, 157, 612 and 636 of the Islamic Penal Code will be true.

The law of using weapons approved in order to maintain order and public security in necessary cases, so that officers can use weapon in order to protect the lives, property, and honor of the people and maintain the public safety of the society to deal with those who disrupt public security and criminals; However, this should be done with utmost care and vigilance. This article examines and explains this law in the light of the principles of criminal law, i.e. the principle of innocence, legality of crime and punishment, prohibition of torture and the human dignity. the research results indicate that although in some cases The law of the use of weapon seems to be inconsistent with the principles of criminal law, but in order to avoid danger and maintain public order by striking in necessary cases, there is no other way but to deviate from the aforementioned principles in the crime scene in order to achieve the goals of criminal law. Because the inherent duty of police officers according to the law of the Police Forces of Islamic Republic of Iran is to establish order and security and provide public and individual comfort and prevent the occurrence of crime, and therefore the use of weapons, although in some cases it may appear to conflict with the principles of criminal law, but is according to the goals of criminal law, namely to establish order and security are compatible.

An overview of green criminology (GC) is provided. That substantial literature is not easily summarized, and here, some core issues are reviewed: defining green crimes, the scope of GC, measuring green crimes, and empirical studies of green crimes. Special attention is paid to political economic approaches to GC, which was the foundation for GC. Connections are made to environmental sociology, theories of metabolic rift and unequal ecological exchange, and scientific evidence on planetary boundaries and ecological footprints. Examples of widespread human and nonhuman being green victimization are reviewed. In an era of anthropogenicdriven global ecological collapse, academic disciplines must pay increased attention to ecological disorganization, ecosystem destruction, and excessive production/consumption, which is the proper subject matter of GC.

The provisions of the Berne Treaty support the rights of authors, and this support will encourage thinkers and intellectuals, and will cause the spread of culture and the advancement of science and technology within each country. The main advantage that can be used for a country in compliance with the Berne Treaty is that the works of its authors are automatically protected in all member countries of the treaty, and as a result, the authors benefit economically from the development of markets for their works. For years, the issue of Iran not joining the Berne Convention and the problems that will affect art have been discussed. Iran is currently using the law on the protection of the rights of authors, writers and artists, which was approved in 1969 to protect the rights of the author. The characteristic feature of this law is that the limits of its implementation are within the internal borders of the country. The issue of not respecting the author's right can be seen in almost all artistic and literary branches, and what is interesting is that they are also published with the permission of the Ministry of Culture and Islamic Guidance. In this research, the reason for Iran's non-adherence to the Berne Convention in terms of literary and artistic rights has been investigated using a descriptive-analytical method.

Nord Stream 2 is a pipeline built to transmit gas from Russia to Germany through the Baltic Sea. Between December 2019 to  May 2021, the United States government sanctioned offshore units and related natural and legal persons by implementing the national defense authorization act for the fiscal year 2020, which as a result, closed an 11-billion-dollar project. What comes to mind in this connection is the possibility of a contradiction between this action and the previous commitments of this government. In this article, using the descriptive-analytical method and the use of library resources, it has been proven that the implementation of the National Defense Authorization Act for the fiscal year 2020 with the obligations of the United States of America to the United Nations Charter due to the lack of a logical relationship and public agreement and trade is not inconsistent due to the previous announcement and temporary nature, but it violates the resolution 41/128 of the United Nations General Assembly, which, in view of the lack of legal obligation, despite the repeated violation of international law through unilateral sanctions, in this particular case, it cannot be The imposition of sanctions against the Nord Stream 2 pipeline claimed the international responsibility of the United States government. However, the negative effects of this action on the international legal order cannot be denied.

Today, if the dimensions of the problem of the presence of Afghan nationals are considered to be particularly illegal, without a doubt, one of its most important aspects, which has both security effects and social and economic consequences, is the issue of murder by these nationals. The considerable amount of deliberate murder committed by them, centered on Afghan victims, creates a reasonable expectation that a plan will be thought about it. On the one hand, the geographical and border framework of Iran has turned it into a backyard for committing intentional murders, and on the other hand, it has brought legal challenges to Iran's judiciary, which, if ignored, will cause the society to face double damage. The present article tries to enumerate the judicial challenges of committing murder by Afghan nationals and provide solutions to overcome them with analytical-descriptive method. The result of the research indicates that the lack of attention of the authorities of prosecution, investigation and investigation, lack of identification of Afghan perpetrators or lack of access to them, lack of identification of the victim or guardian, lack of deterrence of determinate punishment, impossibility of assigning criminal security, lack of awareness mechanisms, lack of interest and lack of specific mechanism To organize and access fugitive perpetrators is one of the most important judicial challenges. The immediate presence of prosecution and investigation authorities at the scene of intentional murder, the issuance of appropriate orders and continuous monitoring of the process of identifying and accessing Afghan perpetrators, the multiple presence of prosecutors in the contexts of the presence and residence of these nationals, the implementation of a comprehensive system by the prosecutors of each area and the obligation of Afghan nationals to registration, immediate rejection of unauthorized nationals until deportation, creation of care and training camps for them, strict implementation of the law on the entry and residence of foreign nationals and supervision of the implementation by the Attorney General of the country, successful mechanisms to reduce the commission of intentional homicide or existing challenges and imagine It is the release of these nationals.

Criminal description is one of the most important types of description that a method should be used to regulate it. Modeling and modeling is the best way to systematize specific criminal description. This study introduces the modeling of specific criminal law with emphasis on the description of regular criminal law and has modeled it in a crime against security (crime of moharebeh). Descriptive and data collection was done by reviewing documents and taking notes. In the proposed model of the present study, each crime consists of three parts or components, the first of which is the criminal title, which is the same as the accusatory title in the applied stage of the prosecution. Criminal titles can be divided into two categories: explicit and implicit, which can almost be said that previous studies have not examined this model and have considered the first component as a legal element. Regarding the second and third parts of this model, which is the material and psychological element, a special organization has been done which has been described in detail in the research; But the point that is more visible in this research is that the description components are regularized and by using this model, it is possible to easily identify complex crimes such as cyber-crimes and crimes against security, etc.

The qualitative principle of laws is a principle and a tool to maintain the legal security of citizens, which always guarantees the inherent rights of citizens and makes them immune from different labels. In fact, legislators in the field of legislation are obliged to comply with this principle in order to convince the human society to pay attention to the inherent rights of citizens while complying with the principles and customs of legislation. Undoubtedly, non-adherence to the principle of the quality of the laws, which itself has various components, will create serious problems, including the extensive interpretation of the laws by judges and the emergence of a criminal citizen, which will naturally break the boundaries of the principle of innocence and increase judicial errors, and the result of violations It will not have the rights of citizens. In the meantime, the authors in this research, which was completed in a descriptive and analytical way, using library resources, while explaining and analyzing the components of the quality principle of the laws, have discussed the details and its importance in legislation, and they emphasize It more than anything to the legislators. And governments have a practical commitment to the qualitative principle of laws in order to comply with the components of good governance and pay attention to the rights of citizens, and their rights should always be respected.

The problem of crime and its examples is one of the important social phenomena that has cast a shadow in all the crises in the world today. In today's world, when it comes to prevention (any field), the first thing that comes to mind is the media. Media are the main sources of creation and dynamism of culture. The power and strength of these intellectual tools have such high foundations that without its presence, access to a society with a dynamic culture is unattainable and impossible. The media are considered the information center of every society and have different functions, both overt and hidden, in the fields of education, information and awareness, entertainment and entertainment. In addition to the mentioned cases, the media plays a role in the production of crime and the atmosphere emanating from it, as well as in the prevention of crime in such a way that its role and function have been noticed by everyone, because the public knowledge of crime and justice A large amount of media is obtained by spreading the view of media tyranny, which uses the high power of the media in inducing and influencing the audience, and for the audience, they are passive and influential towards the messages of the public media. Therefore, the goal of prevention may be to reduce crime or limit it or prevent its growth. The purpose of this research is to investigate the role of media in crime prevention with descriptive-analytical method.

It is not always the case that in the process of transitioning from thought to criminal action, a person has free will, but sometimes the culture of the society and the way of dealing with the governing institutions assume the criminality of individuals, and by treating them as criminals and labeling them criminals, People with a special physical and mental state suggests that their physical and mental states are compatible with criminality and deserve legal treatment. In this way, the society assigns him/her a criminal character and considers his /her inherent characteristics to be the natural traits of a criminal. The current research was written based on the descriptive-analytical method and on the basis of documents and library resources, and in this regard, by studying international documents and foreign laws, the collected information was analyzed qualitatively with the purpose of application. is placed In this research, the authors intend to explain the criminalization of transgender phenomenon and similar situations by gathering information from the people who were selected as the target community and in the end, reach the conclusion that the culture that governs the criminal justice system is the basis of crime. It is a phenomenon. Based on this, our argument is that criminologists and criminal law experts should revise and reform the criminal justice system in dealing with gender diversity.

Examining the Real Estate and Documents Registration Law, it is clear that the legislator's purpose in approving this law was to create order and stability in documents, especially land ownership documents. The precision in Article 24 of the aforementioned law, which states that after the expiry of the objection period, no legal or criminal claims from anyone will be accepted, strengthens this opinion. The approval of the registration law in 1931 shows the legislator's determination to move from traditional and rural life to modern life. Real estate registration is mandatory in the Real Estate Registration Law approved in 1931 but still we see real estates across the country that have no record of registration in the Real Estate Registry and consequently lack ownership documents and are not registered in the above-mentioned Real Estate Transactions Registration Law. It has been announced under mandatory conditions and an executive guarantee has also been provided in this regard. On the other hand, despite the fact that property registration is mandatory in the relevant laws, we see properties that have no record of registration in the real estate office and are bought and sold in a normal way, which has caused many property disputes and lawsuits to be filed in the courts. In turn, it causes psychological, economic and social problems. The aim of the present study is to review the law on determining the status of registration of lands and buildings without official documents. The research method is descriptive-analytical. The results showed that in the aforementioned law, there is a guarantee of executions in case of non-implementation of the law for the applicant in requesting the title document after the filing of the case, and restrictions for experts and punishments for the people who respond to inquiries are considered and the consequences and damages caused by not using this The law deprives a person of the benefits of having an official document and disregards the rule of public order and violates the rights of the government. Municipalities have no role in the implementation of this law, whether in issuing ownership documents or in conducting official transactions; Also, no duty has been determined for properties with a record of registration that do not have the reason stated in this law for requesting a title deed.

Iran's legislator has long since accepted the judicial establishment of parole and has taken effective steps in the implementation of the policy of decriminalization and in particular removing of imprisonment, which can help the convict and society to reform and educate him/her and encourage her/him to definitely return to her/him family and community. Of course, this action requires the reform and creation of infrastructures in the judicial system and the organization of prisons. In French criminal law, the institution of parole is one of the most important aspects of the criminal justice system, which focuses on the resocialization of the convict. Although the prison sentence, in addition to general deterrence, provides social defense, especially in serious crimes, but with the passage of time, society gets used to the severity and violence of those punishments, and when the society is no longer deterred by those punishments as expected by the legislator, it It's time that the personal and social disadvantages of prison make the society suffer from the inflation of the criminal population and increasing decriminalization. Paying attention to the parole system as one of the first generation measures of alternatives to imprisonment and an important issue in the direction of reform and rehabilitation, considering its wide effectiveness, is still involved in some differences of interpretations in terms of substantive and formal provisions which is the correct way of granting It has sometimes faced ambiguities.

The protection of nationals abroad is a legal doctrine meaning military intervention by a state to protect the lives of its nationals in the territory of other state. Some Advocates of this doctrine seek to justify it as a valid form of self-defense by broadly interpreting Article 51 of the United Nations charter and also asserting it as a part of customary law. This means nationals of countries who are outside their territory are considered part of their territory and therefore, attacking them is considered an attack on the country of these people, and the right of self-defense is reserved for that country. Furthermore, some have attempted to classify this doctrine under the umbrella of Diplomatic Protection, asserting that the state has the right to offer military protection to its citizens during precarious circumstances. Taking this matter into account, this article will explore the nature and approach of international law towards the doctrine of protection of nationals. Generally, it seems that since the doctrine has not been explicitly addressed in any international document and in addition, several nations and organizations, in various circumstances, have responded unfavorably the use of it as means of self-defense and diplomatic protection, the protection of nationals is not accepted from the point of view of international law.

Security is freedom in the light of which a person succeeds in continuing his civil life without fear of aggression and invasion by the powers of individuals or governments, and in fact, the possibility of healthy use of legal and judicial authority to repel and eliminate personal and social aggression is a form of it provides judicial security. In many legal systems, the principle of judicial security is presented precisely as a necessity of constitutional value. In fact, on the one hand, this principle is one of the important indicators of the rule of law, and its guarantee is the first goal of any legal system. Many other legal institutions are justified by the principle of judicial security. The need to pay attention to this principle in our country becomes apparent when the stability of the legal system will inevitably lead to the stability of legal relations. Judicial security is a theory that, like other ideas and intellectual innovations, should be established and clarified in the interaction of thoughts and conflict of thoughts and criticism and discussion of the elites of the society, completed and evolved in the field of implementation and practice, and benefiting from the experiences of the system. Judicial and criminal cases and the use of modern techniques and methods in the form of a complete, comprehensive and appropriate military system to meet the needs of our society and other Islamic societies. Benefiting from the cooperation of associates, chaste and brave judges, and eminent lawyers of the district and university, makes it possible to reach the perfection of the judicial system and judicial security. In creating judicial security, the most important good is the implementation of justice and law, and the Islamic judicial system is the most efficient means to realize this lofty goal. Strengthening judicial knowledge and selection of competent persons in judicial and administrative complexes and detailed planning along with continuous monitoring of the components of the judicial system and maintaining the dignity and dignity of judgment and citizen's rights are considered to be the main tools for realizing judicial security. The present research method is descriptive-analytical.

One of the significant issues in the current era, animal rights can be less considered in relation to legal issues. But this brief neglect is part of the domestic law, because in the religion of Islam, this issue has become very common. Unlike the previous researches, this research covers animal rights from all aspects, including the history of animal rights, the study of animal rights in Islam, the study of animal rights in the subject laws of Iran, as well as the analysis of animal rights in international documents. So that after comparing and comparing this area with each other, it was concluded that in domestic law, we are facing the problem of lack of a comprehensive and direct law, while in international documents, attention has been paid to this issue, and the joining of the domestic legislator to International conventions have partially covered the lack of law in this field. The door The end is also one of the most important results of this research is that everything in international documents and domestic law in relation to the protection of rights animals have been discussed in the religion of Islam several years ago in a comprehensive and more complete way. In this article, library method is used to collect information and data.

Citizenship rights are one of the intellectual foundations of democracy and the basic concepts of democratic life. Citizenship is a category that is tied to the concept of the culture of each society and the culture of each border and environment is derived from the three basic realms of social activities, the political environment and the economic status of that society. In a civil society, the rights of an individual include: fundamental rights, meaning the fundamental rights of the citizens of a society, political rights, meaning the right to participate in political processes, social rights, which include economic rights and minimum standards of living in social facilities. The degree of observance and attention to citizen's rights in any country can be measured by the scale of legislative assemblies and other legislative bodies. In this regard, citizenship rights, as one of the most obvious individual and group rights, has a significant contribution to the feeling of social justice, so that the degree of observance of citizenship rights in the society is considered a suitable criterion for measuring social, political, economic and cultural inequalities. In general, respect for the rights of citizens and their observance and guarantee in a society far from color, language, race, ethnicity and religion have always been emphasized, especially in the Islamic society of Iran, whose foundations are laid according to the standards of Islam. Today, citizenship rights and attention to political and civil rights, economic, social, and cultural rights and freedoms, judicial rights of members of the society are one of the inseparable elements of every constitution, and the need to pay attention and protect citizenship rights in the numerous principles of the fifth chapter (Laws nation) the constitution of the republic is clearly stated. Therefore, the main meaning of citizenship rights is to observe and preserve the rights of individuals and human beings in the larger part of society, and citizens should enjoy all rights, including political and civil rights, judicial rights, economic and welfare rights.

This essay adopts an interdisciplinary approach to consider the meaning of ‘eco-crime’ in the aquatic environment and draws on marine science, the study of criminal law and environmental law, and the criminology of environmental harms. It reviews examples of actions and behaviors of concern, such as offences committed by transnational organized crime and the legal and illegal over-exploitation of marine resources, and it discusses responses related to protection, prosecution and punishment, including proposals for an internationally accepted and enforced law of ecocide. One key element of the policy and practice of ending ecocide is the call to priorities the adoption of technologies that are benign and renewable. Our study ends with a description of almadarba fishing method (a complex and ancient technique for trapping and catching Atlantic Bluefin tuna, which was originally used by the Phoenicians and developed into its current form in the Islamic period in southeastern Iberia). To showing that there are ways in which sustainable and renewable principles can be applied in an ethical and fair way in modern aquaculture.

Fake news presents a complex regulatory challenge in the increasingly democratized and intermediated on-line information ecosystem. Inaccurate information is readily created by actors with varying goals, rapidly distributed by platforms motivated more by financial incentives than by journalistic norms or the public interest, and eagerly consumed by users who wish to reinforce existing beliefs. Yet even as awareness of the problem grew after the 2016 U.S. presidential election, the meaning of the term “fake news” has become increasingly disputed and diffused. This Article first addresses that definitional challenge, offering a useful taxonomy that classifies species of fake news based on two variables: their creators’ motivation and intent to deceive. In particular, it differentiates four key categories of fake news: satire, hoax, propaganda, and trolling. This analytical framework can provide greater rigor to debates over the issue. Next, the Article identifies key structural problems that make each type of fake news difficult to address, albeit for different reasons. These include the ease with which authors can produce user generated content online and the financial stakes that platforms have in highlighting and disseminating that material. Authors often have a mixture of motives in creating content, making it less likely that a single solution will be effective. Consumers of fake news have limited incentives to invest in challenging or verifying its content, particularly when the material reinforces their existing beliefs and perspectives. Finally, fake news rarely appears alone: it is frequently mingled with more accurate stories, such that it becomes harder to categorically reject a source as irredeemably flawed. Then, the Article classifies existing and proposed interventions based upon the four regulatory modalities catalogued by Larry Lessig: law, architecture (code), social norms, and markets. It assesses the potential and shortcomings of extant solutions. Finally—and perhaps most importantly—the Article offers a set of model interventions, classified under the four regulatory modalities, that can reduce the harmful effects of fake news while protecting interests such as free expression, open debate, and cultural creativity. It closes by assessing these proposed interventions based upon data from the 2020 election cycle.

Many countries, along with international laws and regulations to preserve and improve the environment as a platform for social life and one of the rights of the third generation of human rights, have also established domestic regulations. In Iran, according to Article 50 of the Constitution, Environmental Protection is considered a public duty and the unity of the people and the devices are obliged to do this duty. The environment Agency has legal authority to protect the environment. The Environmental Protection and Improvement Act therefore outlines the functions of the organization؛The Environment Agency faces challenges and limitations within the framework of performing these tasks, which has led to inefficiency and lack of effective and comprehensive measures. It is therefore necessary that the organization minimizes these challenges by providing effective solutions and in the long term seeks to address them, and to bring the main goal mentioned in the Constitution, the protection of the environment and the growing social life, to the fore for today's generations and future generations.

The purpose of the current research is to examine the criminal policy in the Islamic Republic of Iran and the United States of America for crimes against citizens by the armed forces. The present study, with a descriptive-analytical method, aims to answer the question, what is the criminal policy of crimes against citizens by the armed forces in the two criminal systems of the Islamic Republic of Iran and the United States of America? In response, it can be said that it seems that in both the criminal systems of the Islamic Republic of Iran and the United States of America, there is a strict and security-oriented criminal policy that governs these crimes, because the legislators of both countries look at ensuring the safety of the citizens of the society, even the imprisoned persons. Be In both criminal systems, the issue of crimes against citizens is mentioned in the constitution and special military laws in the armed forces. In some cases, committing crimes against citizens by the police or the armed forces or the security forces of the Islamic Republic of Iran has led to social, political, economic, cultural, and social and security consequences in addition to criminal consequences. If committing such crimes in the United States of America has rarely led to the aforementioned consequences.