درخت حوزه‌های تخصصی

There has been a great deal written about the relationship between sharia law and international human rights law, particularly with regards to the treatment of women.  The tensions between sharia law and international law norms of equality and non-discrimination have been well documented, and the possibilities for interpreting sharia law in a manner that accords with international human rights law have been insightfully explored by scholars of human rights and Islamic law. It has been shown that Islam is a religion of peace, tolerance, justice and equality.  It has been said that the Qur’anic passages describing the role of women should be understood in the context in which they were written, which was a time in history in which women were seen as vastly inferior to men in almost every society throughout the world, particularly in the Arabian peninsula.  Read in this context, it is argued, Islam must be seen as an advocate for gender equality, and should thus be interpreted as standing for gender equality today. This paper argues that, while this may indeed be the preferred interpretation of Islam, this is of little assistance to women in countries such as Sudan whose national legislation enshrines and enforces the most discriminatory aspects of sharia law. 

The right to attorney in judicial proceedings is one of the basic procedural rights that serves substantive rights. The question that can be raised here is “What is the meaning and characteristics of the attorney in administrative proceedings? Using a comparative and analytical method, the present article seeks to answer the above question. The findings of this article show that the British and Australian legal systems do not recognize the right to attorney in administrative proceedings as an absolute right. If the laws do not recognize the power of attorney in the administrative proceedings, it will be up to administrative courts. However, in cases where procedural fairness requires this right, the courts are sensitive to it in their judicial procedure. The procedure of the European Court of Human Rights also shows that the concepts of fairness of the proceedings and the right to attorney have been extended to administrative proceedings as well. In the Iranian legal system, the attorney is one of the basic procedural rights recognized by the Constitution and according to the approach of the Guardian Council, this right can be extended to administrative courts as well. The judicial procedure of the Court of Administrative Justice also confirms this approach and treats it as a judicial proceeding.

The oceans which cover 70 percent of the Earth’s surface contain the most biologically diverse ecosystems on earth, we depend on the seas for our survival since they support life on earth. They are also essential for our economic prosperity, social well-being, and quality of life. Yet the marine environment is deteriorating fast. We need to find better ways of managing it. Over the last decade, significant advances in citizen science have occurred, allowing projects to extend areas beyond national jurisdiction. Perhaps, however, our greatest challenges are those that exist in the Areas Beyond National Jurisdiction (ABNJ), where management is reliant on international agreements and enforcement is likely to need remote monitoring methods using satellite technologies. In view of this development, the aim of this article is to provide some information on marine scientific research and examines the applicability of the marine scientific research (MSR) regime of the UN Convention on the Law of the Sea (UNCLOS). However, the MSR regime of UNCLOS is far from absolute freedom, it is conditional on responsibilities including, for example, providing the legal basis for setting up obligations such as conservation and sustainable use of the environment. The article concludes by outlining some of the issues that should play important role in the process of research.

Over the past few years, two events have radically transformed American identity and global perceptions of America with respect to human rights. The first of these is the detention of “enemy combatants” at Guantanamo Bay and the second is the abuse of prisoners at Abu Ghraib prison in Iraq. This paper considers how Guantanamo and Abu Ghraib have altered the intellectual and popular perceptions of human rights in America and abroad. The paper argues that the very different reactions to these events in the US and abroad suggest a move toward a relativist view of human rights in the US, limited by necessity and legality, but a universalist approach to human rights abroad. Moving toward a common global understanding of necessity and legality is critical to the pursuit of universal human rights. The reactions to Guantanamo indicate a growing acceptance in the United States of a relative conception of human rights. In the winter and spring of 2003, United States military forces at Abu Ghraib prison committed a range of often gruesome violations of Iraqi prisoners.

The world witnessed a change in the arrangement of international actors after the Second World War and the rise of international organizations in the international landscape. The International Maritime Organization (IMO) was one of these entities, acting as the UN specialized agency in maritime affairs. This study mainly aims at reviewing the regulatory role of the IMO, particularly the Port State Control (PSC) regime, by addressing its concept, as well as the legal basis and the control procedures. This mainly descriptive–inductive study describes and analyzes the legal bases of the PSC. Generally, IMO is identified with two types of functions: legislation and regulation. IMO’s regulatory function is reflected in two main tools, namely, the Audit Scheme of its Member States and Port State Control (PSC). With its supplementary nature, PSC is in fact an efficient maritime system for the safety and protection of the marine environment, encouraging states to watch for the safety of ships other than those flying their flags, especially those visiting their ports. This control system has led to an effective and efficient implementation of IMO rules and regulations.

This article examines the application of Articles 2(4) and 51 of the UN Charter in relation to Israel’s claim of sovereignty over the Golan Heights. Israel has cited historical Jewish rule and invoked “defensive conquest” to justify its position. However, this interpretation misrepresents the non-use of force principle. The article references relevant UN Security Council Resolutions and treaty interpretation rules, emphasizing a strict application of international law, which Israel has overlooked. The UN Charter’s main purpose of maintaining international peace supports this strict interpretation. Consequently, the notion of defensive conquest violates Article 2(4) and customary international law. Additionally, the article discusses the 2024 International Court of Justice Advisory Opinion, which reaffirmed the illegality of Israel’s annexation of the Golan Heights and highlighted the prohibition of acquiring territory by force, as established by the UN Charter.

Often when speaking of supporting vulnerable victims, including women, everyone's offender-oriented approach turns to a specific criminalization or aggravation of punishment, however the question is whether such an approach is in the best interest of the victim and will lead to maximum support for her. It seems that constant recourse to criminal intervention is not only insufficient for stopping victimization of women, but sometimes criminal intervention apart from significant costs can lead to aggravation or recurrence of victimization.  It seems that providing extra-criminal protective options, decriminalization, or depenalization of behaviors that some women are forced to commit in certain circumstances provides better protection for women victims rather than focusing solely on criminal punishment. In this article, an attempt has been made to use analytical-descriptive method, while referencing the current criminal law and its shortcomings in protecting women victims, to suggest some measures such as decriminalization of abortion after rape or accepting extra-criminal options in crimes including domestic violence in light of restorative justice teachings as an alternative or supplementary approach.  

From ancient times, piracy has been known as an enemy of humanity and an international crime. One of the areas that has become the main center of piracy in recent years is the Gulf of Guinea . Due to the discovery and exploitation of rich oil resources, and the high traffic of oil tanker ships and other fishing and cargo ships, this area has been considered by pirates and has made maritime security confronted with a serious threat. According to statistics, between 2009 and 2021, about 265 cases of pirate attacks on ships have been reported in this region, which is regarded as the highest figure in the whole. The main question is, what are the effective causes of the creation and expansion of piracy in the Gulf of Guinea? And what solutions are there to confront this phenomenon? In response to this question, the hypothesis is that regional differences and the political, economic and social situations of the coastal states are the most important reasons in the spread of piracy in this region, and regional and extra-regional measures to confront it are inevitable. But the weakness of the countries in the region in securing the sea fleet, widespread unemployment, conflicts between countries in delimiting the borders of the sea, have made it difficult to fight against piracy in this region. The findings of this research show that identifying and eliminating the various factors involved in the occurrence of this crime depends on efforts beyond diplomatic cooperation. The lack of similarity between criminal measures and especially the obvious difference in the political conditions of the countries of the region compared to other regions facing the phenomenon of piracy, such as the case of the Gulf of Aden, makes it impossible to apply a similar solution to the Gulf of Guinea.