نشریه تمدن حقوقی
پیاپی 21 (پاییز 1403)

The umbrella clause is one of the most common conditions in investment treaties that contain maximum protections for the investor. The purpose of reviewing the arbitration procedure of this clause in the ICSID is if the parties of the investment treaty wish to include this clause in their treaty how and if they decide to include this condition in their contract, the ICSID has which view on writing, the purpose and the consequences of the inclusion of this clause in the investment treaty and ultimately what decision it makes regarding the treaty and consequently the Umbrella clause. In the arbitration procedure of this institution, there are two views on the Umbrella clause, one being a broad interpretation and the other is limited interpretation. The expansive interpretation develops the competence of the ICSID in dealing with investment disputes and the consideration of the obligations or on the other hand leads to qualification and vice versa, the adoption of a limited interpretation creates a limitation on the jurisdiction of this authority or disqualification, resulting in the widespread support resulting from the adoption of a broad interpretation of the Umbrella clause to the investor. This kind of interpretation can be preferred. The research method is the library method.

The experiences gained after dealing with an international case are beneficial, what legal basis the lawsuit starts with and how long it will continue is only a part of these perceptions. By carefully examining the legal aspects of each case and their strengths and weaknesses, a deep understanding can be reached in this regard. In the case of the employees of the United States Embassy in Tehran, the goal of the United States in filing a lawsuit against Iran was not necessarily to secure the immediate release of the hostages, but to receive a ruling that would establish the legal legitimacy of its lawsuit and thereby increase the possibility of satisfying its final demand in the lawsuit. However, the International Court of Justice did not recognize the US attacks on Iran's oil platforms from the point of view of paragraph 1 of Article 20 of the Treaty of Amity, Economic Relations, and Consular Rights sand in the light of the rules of international law regarding the use of force as a justified measure to protect the interests of the United States and as a kind of illegal use. Considered a law of force. Withdrawing from the Treaty of Amity, Economic Relations, and Consular Rights Treaty in order to remove the legal liability will not effect on the United States. This article, with the analytical-descriptive method, aims to examine all the cases in which the Islamic Republic of Iran was a party and examine their strengths and weaknesses.

Following Israel's declaration of independence in 1948 and the coalition of Arab states neighboring Israel, including Egypt, Syria, Iraq and Lebanon against Israel, the first war between Arabs and Israelis, known as the War of Independence, began. Since then, the conflicts and tensions between Israel and Palestine, including the wars of 1956, 1967 and 1973, have been continuous and continue until now. However, the conflicts related to October 2023 have taken a different form, so the United Nations Relief and Works Agency for Palestinian Refugees (UNRWA) announced in a report that 2023 will be the "bloodiest year" for Palestinians in the West Bank since 2005. It is time to start recording and documenting the number of victims of Israeli army attacks and Jewish settlers by the United Nations. The killing of thousands of Palestinians and the displacement of more than one million people and how the international community reacts to the events that are taking place have put the effectiveness of international legal rules in the balance of "rule of law" and "rule of force". Therefore, analyzing the dimensions of this conflict from the perspective of international criminal law is important. The problem of this research is that; is it possible to accept the claim of committing war crimes or the crime of genocide by Israel and accept the jurisdiction of the International Criminal Court? The current research with the descriptive-analytical method and to develop international law literature with the approach of "resistance" seeks to evaluate these issues and seeks to provide solutions that "power" is subordinate to "laws" and not "laws" as a tool for the justification of actions is due to power.

The highly infectious respiratory disease called COVID-19 started in Wuhan, a city of more than eleven million people in China, and quickly spread to other parts of the world. The epidemic of the coronavirus has affected the interactions and lifestyle, and the lifestyle has changed concerning the prevention requirements. The lifestyle and observance of health protocols on different scales can disrupt daily routines and significantly alter and disrupt the material conditions in which crime may occur. In general, it seems that lifestyle has a significant effect on the occurrence of crime and deviance, and in order to reduce the occurrence of crimes, lifestyle should be given the attention of those involved in this field in order to prevent the occurrence of crime. In terms of objective, this research is an applied study and, in terms of methodology to collect analytical data the research, from the opinions of one hundred and five scholars and experts in the Ministry of Health, Treatment and Medical Education, Welfare Organization, Deputy of Crime Prevention, Judiciary and Force. Discipline has been used. For data analysis, a combination of "descriptive-analytical-survey" has been carried out based on separate clustering and finally, these results have been obtained that there is a relationship between lifestyle and compliance with health protocols in social communication and prevention of crimes related to COVID-19. There is a significant relationship.

Transboundary hydrocarbon resources management is one of the most important and complex issues of international law, which faces many challenges and so far no general or multilateral treaty has been devoted to this issue. Therefore, this article, by reviewing the principles governing the management of these resources, the practice of interested countries and international litigation, especially the innovations of the International Court of the Sea award in 2017, states different solutions for managing these resources and the best current. Conclusion states that cooperation as the most appropriate possible solution has become a customary international commitment. Furthermore, by examining the bilateral practice of interested countries, the provisions of the Convention on the Law of the Sea, UN General Assembly resolutions and international judicial opinions, it can be concluded that the overall obligation to cooperation, a dual obligation includes an obligation to cooperate in reaching an agreement and an obligation to impose reciprocal prohibitions in the absence of an agreement, is a well-established international custom.

Article 1173 of the Iranian Civil Code can be considered an example of "children and adolescents at risk" or "vulnerable children". These children, for the same reasons that put them at risk and all kinds of harm, need different support in all kinds of criminal policy elements in order to save themselves from this dangerous situation. The study, while providing a brief definition of some basic concepts and examining examples of children and also children at risk and the extent of criminal and non-criminal protections for them, through the application of legal measures in the current laws and regulations of the country, with a comparative approach and attitude The legal and criminal system of the country of Lebanon concludes that I have not yet witnessed a systematic, coherent and integrated law and regulation in the form of a special title such as the law "Protection of children and adolescents at risk". Such a situation prevails in Lebanon and there is no separate law that is not under this title, although various laws, such as the Model Law on the Protection of Children in Lebanon, have provided some protection to this vulnerable group in this regard.

The purpose of the study is the way of managing the property of prisoners in Iranian and Turkish laws. This research has been written in a descriptive-analytical way, to introduce and clarify the executive function of the civil laws of Islamic countries. Significant similarities are observed in the principles and legal procedures of both countries, this shows the commitment of both countries to protect the interests and rights of the prisoners. Such similarities are based on legal frameworks and regulatory structures, which guarantee the interests of the prisoners in all financial and nonfinancial matters. Property management is one of the topics that is very important in Iranian law and jurisprudence. Among the most important of these cases are the issues related to the role of the guardian in the administration of the restricted property. In Islamic jurisprudence and Iranian law, various aspects of this issue have been studied. With the investigation that was done in the laws of these two countries, the limits of the duties and powers of the compulsory guardian in financial and non-financial matters have been determined, and this is in the best interest of the custodian. Among the main and fundamental similarities between the two countries, we can mention the central role of the court in determining the guardian of the deceased as a judicial supervisor, the observance of the interests of the deceased by the guardians and their protective role, etc.

One of the most important economic issues that has a lot of use in law systems, especially in the Iranian law system, is the issue of blasphemy. There is always a difference of opinion among jurists regarding the nature of reward, that reward is a contract with a unilateral juridical act. Some have considered it as a unilateral juridical act' and some have considered it as a contract. In civil law, the nature of the contract is not clearly stated, but the contract is introduced as one of the specific contracts, and in the seventh chapter of this law, articles 561 to 570 are related to this issue. Assigned therefore, it is important to know the law nature of reward in terms of the conditions of realization and the effects and rulings that follow it. The purpose of the current research is to identify the nature of blasphemy in Iran's legal system. In the present study, which is using descriptive and analytical methods, we analyze the nature of the contract in the Iranian law system. The findings of the research show that the nature of the contract is the contract, because the agent decides with his own intention and consent to perform the contract. Therefore, it cannot be considered that the reward was concluded with only one will and the same thing. It excludes reward from the number of occurrences.

As a well-established and frequently utilized legal instrument, the temporary order plays a pivotal role in accelerating judicial processes within the Iranian legal and judicial system. Furthermore, this security measure is included in the instructions for resolving contractual disputes issued by the Ministry of Oil. This study employs an analytical and comparative approach to examine the nature, evolution, distinctions, and characteristics of the temporary order of the Contractual Dispute Resolution Board. It demonstrates notable differences in form and substance between these two legal institutions. The findings of this study demonstrate that the inability to resort to the general principles of the Civil Procedure Code in instances of silence or ambiguity in the Board's temporary order presents a significant challenge. Furthermore, in light of the primary objective of the issuing authority, which is to resolve the dispute amicably and expeditiously, there are certain objections to this order. These differences and objections demonstrate the inadequacy of the verbal sharing and the ineffectiveness of the temporary order outlined in the directive at the outset of the dispute resolution process. In particular, this research emphasizes the necessity of revising the processes and regulations related to the issuance of the temporary order of the contract dispute resolution board of the Ministry of Oil, so that it can respond more effectively to the urgent and specific needs of the litigants. Furthermore, the conducted investigations demonstrate that in order to enhance the efficiency of this institution, it is essential to implement legal and procedural reforms that are more aligned with the actual conditions and judicial requirements of society.

Small shareholders are people who do not have control over the company's activities due to their small ownership. As a result, they are often abused by major shareholders and company managers. Therefore, supporting this group has become increasingly important in different countries. In this research, which has been done in a descriptive-analytical way, aims to identify the main ways of supporting small shareholders and institutional shareholders in the Iranian capital market. The findings of the research show that the right to profit, the right to buy shares, the right to the company's property, and the right to transfer shares, including the financial rights of institutional shareholders and small shareholders and the right to vote, the right to obtain information, the right to file a lawsuit, the right to remain a shareholder in the company. The right to request meetings, the right to invite, and the right to participate in the meeting are among the non-financial rights of institutional shareholders and retail shareholders in the capital market of Iran.

Since the beginning of the 21st century, the military activities of third states in the exclusive economic zone of coastal states have increased for various reasons. Although the rights and duties of the third and coastal states are defined in the Convention on the Law of the Sea, due to the silence of the convention regarding military activity and the different interpretations of these articles by the countries, tensions, and differences have arisen between the third and coastal states. This article seeks to answer the question that, according to Article 58 of the Convention on the Law of the Sea, what are the Limitations on the military activity of third states in the exclusive economic zone of the coastal state in the Convention on the Law of the Sea? Achieving a reasonable result, resolving the disputes of the military activity of third states in the exclusive economic zone, and clarifying whether this type of activity is permissible or not is very important to prevent serious incidents. The findings of this research show that, as stipulated in the Convention on the Law of the Sea, military activities in the exclusive economic zone are prohibited due to their non-peacefulness and the adverse and destructive effects of such activities on the marine environment in case of lack of due regard to the rights and interests of the coastal government by third countries, Limitations should be applied in such activities.

The foundation of any society is directly related to the education and training of the members of that society and the formation of the personality of the new generation depends on various internal and external factors. The factors involved in education are numerous and at the same time have a certain degree of influence. Among these different factors, family and school impact education most. Free education and having it is one of the human rights and stipulated in the Constitution. Non-government schools were established with the permission of the Islamic Council. These schools do not conflict with the principle of free education and do not conflict with the principle of the right to freedom and choice of education and acquiring knowledge in Islam and participation in community affairs. The school and educational system can play an effective role in preventing the occurrence of crime and in recent years, the educational system transformation document, social damage prevention office, addiction prevention and treatment plan for drug addicts, virtual space transformation document, and family participation in affairs the school is one of the measures that have been taken.

By studying most legal systems, an institution called adoption can be seen in them. The individual and social benefits of adoption and the society's essential needs for this institution make it accepted among different societies. The purpose of this research is to compare the adoption of children in the legal system of Iran and England. Through the descriptive and analytical methods, we have concluded that in English law, the courts take into account the welfare of the child and order adoption, and also they consider the adopted child as a real child, although in the legal system of Iran, a law was passed in 2013 to protect orphaned children, which does not accept adoption in Western countries, including England, and has not accepted full adoption. Also, guardianship conditions are completely different in Iran and England, and accordingly, the end of adoption is also different.

The study explains why integrating or incorporating international law directly into domestic legal systems is considered a useful democratic legal strategy to make international law more effective. It also describes how to incorporate international law into national legal systems. In other words, the aim is to examine how authoritarian regimes have destroyed or weakly implemented these integrated international laws. Incorporated international law is a democratic strategy designed to increase respect for international law. This theory is a long-term game strategy designed under the rules of international law that can eventually outlast periods of authoritarian rule. However, the longer authoritarian leaders are in office, the more time they have to change deeply held concepts of international law. This research argues how authoritarian governments follow the integrated strategy of international law and use it instrumentally in their interests? And sometimes they use this strategy to block policies that reflect their particular understanding of international law.

A ‘smart city’ is a buzz term and concept. The ‘smart city’ has mainly been discussed in the scholarly literature on urban planning, architecture, and geography. While the ‘smart city’ has been under-analyzed in international trade law, the term ‘smart city’ is commonly used in Asian trade policies. The Association of Southeast Asian Nations (ASEAN) established the ‘ASEAN Smart Cities Network’ and the ‘smart city’ is now an important market opportunity for exporting smart technologies and services to ASEAN. Against this backdrop, this article addresses how smart cities can be regulated and governed by international trade law. The trade law perspective facilitates a broader understanding of smart city governance, which includes under-explored ‘global’ regulatory dimensions concerning the interaction between local governments and foreign firms. This article selects three relevant trade areas for discussions (1) Internet of Things in the context of trade in goods and services; (2) international standard-setting activities; and (3) data governance. It further considers what kinds of regulatory issues international smart city projects can add to the current digital trade discourse. Drawing on the smart city literature, the article points out additional problems concerning security and privacy that have not yet been acknowledged in digital trade.

This article contributes to the ongoing scholarly debate on the possible effect of jus cogens norms. For the purpose of the article, it is assumed that peremptory norms certainly exist in positive international law. According to the argument, even if we limit the effects of jus cogens norms to those described in the 1969 Vienna Convention, the jus cogens concept takes us farther than most commentators seem to realize. This is due partly to the power potential invested in the jus cogens concept, and partly to the intricate structure typical of legal norms. In fact, as argued in this article, if we take the existence of peremptory international law to its logical consequence, it will carry too far: most actors in the international arena will consider the effects unacceptable. Using as an example the jus cogens norm most often referred to in the literature –the principle of non-use of force– it is a purpose of the present article to establish this proposition as valid. A second purpose is to attract attention to what appears to be the really crucial question for further discussion How should the effects of jus cogens be limited? Whoever opened the Pandora’s Box that once contained the jus cogens concept obviously did not fully realize the consequences that this would have for international law in general. How can this situation be remedied?

The global deployment of renewable energies has taken off and calls for a continuous increase in foreign investments and cooperation, particularly because many states cannot cover the costs and technological requirements of the energy transition on their own. Therefore, there should be policies and legal frameworks in place to protect and thereby promote foreign investments. International Investment Agreements (IIAs) can, ceteris paribus, contribute to this goal. These agreements contain a set of obligations that protect foreign investments against possible discriminatory or arbitrary conduct of the host states. This includes transparency obligations that can help to create a level playing field for national and foreign renewable energy investors. Unfortunately, the concept of transparency, and its inherent implications, has not been clearly defined to date, and its relationship with renewable energy investments is still under investigation. Therefore, it is important to realize the prevailing transparency obligations under IIAs, and the best practices that can better meet the particular requirements of renewable energy investments. Using a qualitative approach, this article intends to pursue this goal by providing an overview of the concept of transparency, exploring its status in the context of fair and equitable treatment (FET), and analysing favourable transparency clauses in the light of renewable energy investment considerations.

The purpose of the study is to examine the criminal policy of the Iranian Armed Forces Law for specific military crimes. Special military crimes such as insulting a superior, insulting a superior to a subordinate, intimidating superiors and guards while on guard, illegal shooting, disregarding superiors' orders, false reporting, and desertion are important crimes in the criminal system of the Iranian Armed Forces. so that in the laws of the armed forces after the Islamic revolution (the law on the punishment of crimes of the armed forces approved on 09/08/1992 and the law on the punishment of crimes of the armed forces approved on 30/12/2003) these crimes were dealt with and were subject to the sensitivity of the legislator is The current research, which is applied in terms of its type and purpose, and has been carried out with the descriptive-analytical method, is trying to answer the question of what kind of differential criminal policy the laws on the punishment of the crimes of the armed forces after the Islamic revolution in relation to specific military crimes follow. have they done It can be said that the discriminatory criminal policy in the crime of "disregarding the superior's order" is a strict criminal policy in the crimes of "insulting a superior" and "illegal shooting" and a lax criminal policy in the crimes of "insulting a superior to a subordinate". "Scare superiors and guards during guarding", "false report" and "deserting from service" are both lenient criminal policy and strict criminal policy.