درخت حوزه‌های تخصصی

Since the adoption of the Cairo Declaration of Human Rights in Islam (CDHRI) in 1990, there was an ongoing debate between Western and Muslim states regarding the compatibility of its provisions with human rights standards. The adoption of Ten-Year Program of Action in 2005 was a turning point in the OIC human rights agenda. The establishment of the Independent Permanent Human Rights Commission (IPHRC) paved the way for the revision of the CDHRI in 2020 and it was described as a monumental success. This article shall review the in which the OIC has re-engaged to human rights after 30 years of controversies with a descriptive and analytical method. First, we will study the general framework of the revised Declaration and the challenges of the adoption process, and then we will evaluate the changes made in its content by comparing the two declarations. The paper concludes that the revised declaration may bring OIC human rights rhetoric in alignment with UN human rights language, nevertheless, the IPHRC failed to carry out its mandated task in bringing human rights standards in harmony with Islamic teachings and values, especially where it simply copied and pasted the text of international human rights instruments.

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.

The government of Iran has signed the UN Convention on the Law of the Sea1982, but in the past 40 years since Iran signed this convention and 28 years after the implementation of this convention in 1994, the government has always refused to approve this convention, which is the most important convention in the field of maritime and no plan or bill has been presented in the government or parliament for its approval. In this article, using the analytical descriptive method, the strengths, weaknesses, opportunities and threats and legal doubts of Iran regarding this convention, which is actually the most important regulation in the field of the law of the sea, are examined and finally, a fundamental analysis is provided to resolve Iran's concerns in the direction of ratifying this convention. The results of this research show that Iran can enjoy its benefits such as maritime technology transfer and other benefits by joining this convention. In terms of the threats and weaknesses of this convention regarding the innocent passage of naval vessels in the territorial waters of Iran, it is possible to remove this threat as a precondition of prior notification and obtaining prior permission or both for the innocent passage from the territorial sea based on the practice of countries such as China, India, Pakistan, Sweden, Bulgaria, Poland and other countries. In the discussion of the Strait of Hormuz and the transit passage based on the provisions of the law of the sea Convention, by creating the non-suspendable innocent passage in peacetime, the weaknesses of this Convention regarding the internationalization of the Strait of Hormuz can be modified by creating a special regime for  the strait, considering that in The narrowest part of the Strait is the territorial waters of Iran and Oman, it is excluded from transit passage.                     

The carrier in sea transportation is obligated to proceed with the voyage on the contractual route. The violation may exempt the insurer from supporting the loss and damage to cargo after deviation from the route. Regarding the importance of marine insurance contract validity in international commerce, this question arises whether the ship deviation invalidates the insurance contract and exonerates the insurer to compensate. In the English marine insurance act 1906, the insurer is exempted from compensating for damages and the courts consider the claim regarding the circumstances governing the case. The lack of a marine insurance act in Iranian legislation requires us to consider the matter of the general rules in the insurance act 1937 that analyze performance guarantees such as invalidity and right of termination on the contract. If the additional insurance premium is not agreed upon in the contract, the right to terminate the contractual relationship is an approach that protects the insurer in different cases. Nowadays, because the insurance companies do not fully compensate for the damage, part of that is compensated by the P&I clubs. In fact, there is a kind of supplementary compensation covered after deviation. The mentioned question is analyzed with the descriptive-analytical method and library sources in this article. 

The word dialogue comes from the Greek word ‘dialogos’ and is commonly used in the meaning of conversation between two people, two groups and/or communities or organizations. Dialogue is not a debate to win or lose or to convince the other of a particular way of thinking. Dialogue is communicative conversation that involves intensely creative process with a goal to create peaceful and respectful relations among participants and in a community. When religious communities or organizations nominate a representative to participate in the intra or interfaith dialogue, they make sure that their nominees are trained in the art of dialogue. First, that he/she represents the community and second, that if he/she is not trained in the art of dialogue they understand that there may be a negative impact on the intra-faith or interfaith dialogue. For a healthy intra-faith and interfaith dialogue, the organization or community representatives must be trained in rights, responsibilities and skills of dialogue. This paper will discuss some of those rights, responsibilities and skills essential for a successful dialogue in the light of those principles and guidelines initiated in the Qur’an and Sunnah.

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.

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.

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.