نشریه حقوق و مطالعات سیاسی
سال چهارم شماره 3 (پاییز 1403)

The purpose of this research was Iran's criminal policy in dealing with crimes against the national security of Kermanshah. The statistical population of this study consisted of those arrested and killed in the 2022 riots. In this research, the available method was used to select the statistical population of those arrested and killed in the riots of 2022. In this research, data processing and analysis were investigated in two parts of descriptive and inferential statistics using SPSS version 25 software. The findings of this research showed that the total number of people killed in the riots in Kermanshah province and the cities of Salas, Islamabad Gharb, Javanrood and Qasrshirin was 18 people and the number of arrests in the mentioned cities was 2500, among which the city of Javanrood had the highest number of people killed. That is, 8 people and Kermanshah city had the highest number of arrests, i.e. 1200 people. The results obtained from this research indicated that there is a significant relationship between the city of residence and gender, age, educational qualification, marital status, religion and occupation of those arrested and killed.

Bachelor contracts of technical knowledge, the place of interaction and meeting requirements of bachelor contracts, as mainly contractual issues on the one hand, and requirements of technical knowledge, as innovative confidential information subject to and under the protection of the trade secret system, as a special protection paradigm that is exclusive but limited in terms It is considered unlimited time, depending on the confidentiality of its subject. It can be said that none of the intellectual property is as dependent on a contractual mechanism as technical knowledge for transfer. A mechanism through which the limited disclosure of information for the purpose of exploitation can be done and through the explicit conditions included in it or the implied conditions that are inferred from it, obligations such as confidentiality and other contractual expectations can be fulfilled. These contracts, although they have similarities with other intellectual property licenses, are different from other intellectual property licenses in terms of the specific technical knowledge of their subject. This distinction causes differences in the effects of these contracts, including their terms and obligations. The obligations of the parties in these contracts are divided into two categories: guarantee or warranty obligations and other obligations. The guarantee obligations of the Bachelor of Technical Knowledge are divided into two categories: ownership-oriented warranties and quality-oriented warranties, some of which are presented absolutely and some of them are limited based on the analysis of the nature of the technical knowledge of the subject of the contract. Some of the other most important obligations of bachelor of technical knowledge contracts are the obligation on confidentiality, the obligation on non-challenge, the obligation on non-comment, the obligation on non-reverse engineering, the obligation on the return of improvements and derivatives of technical knowledge, the obligation on the continuation of payment of compensation after invalidation. Technical knowledge of the subject of the contract and the status of this obligation in composite licenses, the obligation not to transfer and assign the rights and obligations of the subject of the contract, the obligation not to research and develop, and some other obligations that exist either only in this type of contracts or in these contracts They get a special effect.

Background et Objectivum: Accessio Iraniae ad Organizationem Mundialem Commercii (WTO) effectus profundos in sectorem transportationis internationalis habere potest. Hic articulus examinat consequentias juridicas huius accessionis, provocationes et solutiones possibiles ad meliorandam condicionem transportationis internationalis in Iran. Praecipuum propositum huius inquisitionis est identificare obstacula et opportunitates existentes ad conformandum requisitis WTO et augendam qualitatem servitiorum transportationis in patria.Materia et Methodi: Haec inquisitio methodo analytico-descriptiva perfecta est. Data adhibita includunt articulos scientificos, relationes internationales, et documenta legalia pertinentia ad Organizationem Mundialem Commercii et leges transportationis internationalis. Praeterea, colloquia cum peritis in campo transportationis et commercii internationalis habita sunt ad colligendas opiniones et perspectivas specialistas.Conclusio: Resultatus ostendunt accessionem Iraniae ad WTO posse notabilem meliorationem in servitiis transportationis internationalis efficere, sed provocationes quoque existunt, sicut infrastructurae insufficientes, fluctuationes oeconomicae, et necessitas reformationum legalium. Ad maxime utendum hac opportunitate, proponitur ut Iran in evolutionem infrastructurarum, institutionem virium humanarum, et usum technologiarum novarum incumbat. Hae actiones possunt adiuvare ad augendam competitionem Iraniae in foro mundiali.

The Article 94 Commission of the Financial and Transactional Regulations of Medical Sciences Universities is an institution established to resolve financial and transactional disputes between these universities and their affiliated units. This commission has its roots in various laws and regulations that have been approved in recent years. The Article 94 Commission acts as a quasi-judicial administrative arbitration body and has the authority to hear financial disputes with medical universities and their affiliated units. This authority has also been confirmed by the branches of the Supreme Court. In practice, the commission meets regularly to hear contractual disputes. This study aims to comprehensively analyze the nature, competencies, and functions of the Article 94 Commission of the Financial and Transactional Regulations of Medical Sciences Universities. This research was conducted using a descriptive-analytical method. The required information was collected through library studies, a review of relevant judicial opinions, and the opinions of lawyers. The Article 94 Commission is designed to expedite the hearing process, reduce litigation costs, and resolve disputes with a conciliatory approach. The benefits of this commission include reduced litigation costs, accelerated dispute resolution, and specialized and accurate handling. Despite limitations such as limited jurisdiction, this commission plays an important role in managing disputes in medical universities. The Article 94 Commission is not only an administrative mechanism but also a legal-administrative solution that can be a model for other educational and research institutions. To maintain and increase effectiveness, the commission requires continuous upgrading of the expertise of its members and possibly expanding its competencies.

Compensation and reduction of damages is an important part of the process related to lawsuits, which is reflected in commitments and contracts. Considering the importance of actions taken by the injured party to prevent more damage in the field of foreign investment arbitration, the present study deals with the role of the injured party in reducing damages in the arbitration procedure. In line with the importance of the discussion of damage reduction, the central question of the current research is, what are the duties of the injured party in terms of damage reduction in the field of foreign investment? The findings of the research have shown that the most important action taken by the victim to reduce the damage is first of all to accept the fault and his role in the occurrence of a lawsuit. After that, it is accepting the responsibility to resolve the dispute, even considering some losses, the result of which is to prevent more losses. In disputes arising from foreign investment, foreign investment arbitration has used the reduction of damages as an important strategy to prevent losses for the undertaker. Considering that the method of the present article is analytical and descriptive and the research tool is a library, the results of the research have shown that although damage reduction is considered as a way to resolve disputes in the common law system, But above all, it is for the loss of use of the breach of obligation that occurred due to the breach of obligation on the part of the party. But from a logical and calculative point of view, preventing the spread of losses is a favorable solution for the loss in order to prevent a bigger loss.

Modern Medias as the most affective parameters of the world of communication take different forms and effect different arenas: society, government, civil institutions, economics, culture, etc. government as an abstract entity and state as a more concrete construction are greatly affected by the Medias and in confronting this phenomenon at some conjunctures resist and at the others interact with. Islamic Republic of Iran during the 70s and the 80s had some interactions with the Medias. In its process of interaction, the government started to take advantage of the opportunities ahead of the political and cultural institutions in two ways: constructing new institutions and evolution in the current ones. This study focuses on the most significant developments in this field.

Nowadays, international non-governmental organizations have been noticed by the main actors of international law due to their non-profit nature. Non-governmental organizations play a decisive role in the field of international law to the extent that these organizations form the largest group of international organizations. In this research, which is descriptive-analytical. International non-governmental organizations, emphasizing the values ​​of humanity, represent the participation of citizens in decisions related to the international community and are considered a proof of the democratization of the international order. Despite not having access to the same tools as governments, these organizations help to fulfill demands such as peace, development, human rights, and the environment through global cooperation. Their activities in the peace process help to strengthen peace as a new function in the international system. These organizations also emphasize appropriate productivity and effective cooperation with the international community for the conclusion and sustainability of their activities. Stateless actors, including non-governmental organizations and paramilitary groups, are not considered legal entities in the international system. It is one of the fundamental principles of the international legal system, which is based on dependence on states to apply and enforce law. However, the activities of these actors can have profound effects on the international community and require new thinking and new legal approaches to manage these challenges and guarantee their rights and obligations. To solve this problem, there is a need to develop new laws, determine specific international mechanisms and more cooperation between different layers of the international community.

For centuries, mankind had forgotten an important subject called women, who make up half of the human population, and it was feminists who recalled this great loss. Women have no place in politics and even in the 21st century they have little place in politics and leadership of societies. What seems natural, that is, the migration of women to the private sphere and the underworld and turning them into unequal beings who, with much effort, gain only a few rights, is the great silence of history, and these have been challenged by feminists. Is. Ecofeminists, as a branch of feminist, have the same principles and views of classical feminists, but with the difference that they address the demands of women in the context of environmental principles. Ecofeminists seek to change people's attitudes toward nature and women, so they are the product of the third wave of feminist theory in terms of both theoretical framework and methodology. Emphasizing environmental ideas and the coexistence of nature and women, this article will explain ecofeminist attitudes in international relations and the impact of ecological and environmental-oriented attitudes on the evolution and change in the field of international relations. Will review international treaties.

The separation of religion and state, based on the relationship between the Catholic and Protestant churches, has led to two distinct models with unique outcomes: laïcité and secularism. Many Iranian scholars, when addressing laïcité and secularism, have equated these concepts without considering their origins. One finding of this research is that secularism does not have a pure interpretation and is not opposed to religion; rather, it seeks to ensure religious freedom and maintain state neutrality. Ultimately, examining the relationship between laïcité and secularism reveals that their common ground is not the separation of religion from government but rather both aim to abolish religious dominance and ensure favorable conditions for the expansion of religion in civil society, away from political state objectives. Therefore, blindly following either model in Islamic societies—where political and religious power stem from a single source—is not feasible; instead, choosing between the separatist path of laïcité or the interaction-focused approach of secularism (or a potential third model) should be based on the political, social, historical, and cultural contexts of society.

Addressing certain matters related to marriage, such as dowry (mahr), alimony (nafaqah), and the right of retention (ḥaqq al-ḥabs), depends on defining whether the marriage contract is commutative (muʿāwaḍī) or non-commutative (ghayr muʿāwaḍī). If the marriage contract is deemed commutative, it raises the question of what these obligations are exchanged for. Due to its unique and special nature, the marriage contract is formally classified among contracts and transactions, while in essence, it represents a social institution fundamental to the structure of society and humanity. This study employs a descriptive-analytical method. Initially, concepts related to the marriage contract, its commutative nature, and the obligation of obedience (tamkīn) are described from legal and jurisprudential perspectives. Subsequently, these concepts are analyzed from legal and social viewpoints. The objective is to provide a precise and scientific perspective on the relationship between the commutative nature of the marriage contract and its implications for the obligation of obedience. The marriage contract encompasses two substantive aspects: one relates to rights, where each party possesses financial and non-financial rights, and the other pertains to duties, where each spouse is obligated to fulfill their responsibilities toward the other. In this regard, two perspectives exist: one group considers the marriage contract as commutative, citing reasons such as the presence of reciprocal consideration (ʿiwaḍayn) as in other contracts, while another group views it as non-commutative, arguing that if the dowry is regarded as the consideration for consummation, the contract remains valid even without specifying the type, amount, or nature of the dowry, ultimately resulting in the assignment of mahr al-mithl (customary dowry) or mahr al-mutʿah (consolatory dowry). Proponents of both views highlight the effects of these perspectives on the rights and duties of the spouses. The author, by examining these two perspectives, addresses the significance of this issue.