Iranian Journal of International and Comparative Law

The occupation of the Palestinian Territory for over seven decades encompasses historical, political, and legal dimensions, intertwined with issues of peace and security. At its core, this conflict arises from the denial of a nation's right to self-determination and the establishment of an independent state. This article not only recounts pertinent events but also analyzes the central issue of self-determination. By affirming this right, the article explores the right to resist and combat the occupying forces, examining the interplay between self-determination and the right to resistance. Additionally, it addresses the obligations of other states concerning the occupied nation and the occupying power, adhering closely to international legal standards and citing relevant sources. The recent tragic events and the dire circumstances faced by the people of Gaza, including the loss of nearly 40,000 innocent lives, underscore the significance of this research. It is evident that violations of the Palestinian people's right to self-determination are the primary causes of this prolonged crisis. The struggle and resistance of the Palestinian people, including armed resistance, are framed as the only viable solution. Both self-determination and the right to resist, including armed struggle, possess international legal legitimacy. Other states are obligated to support the Palestinian people and must refrain from legitimizing the occupation or facilitating its continuation. The support of the Islamic Republic of Iran for the Palestinian cause can be understood within this context of international law.

The International Criminal Court (ICC, the Court) enables States to pursue the ideal of international criminal justice without imposing formal conditions. Since only States can become members of the Court, a fundamental question arises: is statehood necessary for the Court to exercise its jurisdiction according to the provisions of public international law? This paper hypothesizes that the primary criterion for the Court is its objectives and the existence of conditions for exercising territorial jurisdiction, even in the absence of clearly defined borders. Employing a descriptive-analytical research method, this study draws upon legal doctrine, international documents, and general legal principles. It examines two perspectives within public international law and international criminal law to critically analyze the decision of Pre-Trial Chamber I regarding Palestine. The findings suggest that in exercising its jurisdiction, the Court operates independently of the rigid criteria traditionally associated with the concept of statehood in public international law.

The ever-evolving landscape of International Criminal Law (ICL), as a field that connects different branches and levels of law, requires meticulous deliberation. Establishing international justice is a crucial step in ensuring that all perpetrators are held accountable. The International Criminal Court (ICC/the Court) has issued two arrest warrants against the President and Commissioner for Children’s Rights of the Russian Federation, on March 17, 2023, for their involvement in forced population transfer which is an international crime under the Rome Statute. This research article seeks to explore the Ukraine situation from the perspective of ICL and examine the arrest warrants issued by the ICC against Russian authorities. Additionally, it briefly addresses the Ukraine’s lawfare against Russia at the International Court of Justice (ICJ) and the European Court of Human Rights (ECtHR). While the issuance of the arrest warrants is in itself a positive step toward the fortification of international criminal justice, the implementation of these warrants specifically regarding the President of the Russian Federation seems to be very problematic. Nevertheless, in spite of the challenges faced by the ICC in this situation, issuance of the arrest warrants reveals a significant reality: international criminal justice does not exempt even the president of a permanent member of the UN Security Council. Furthermore, the legal actions taken by Ukraine against Russia at both the ICJ and ECtHR are legally positive steps towards halting aggression and restoring international peace and security through international law. However, these actions face challenges such as time constraints and compliance.

Cryptocurrencies, despite their ambiguous nature, represent one of the most significant new phenomena in the global economy. Since the introduction of the first cryptocurrency, Bitcoin, in 2009, terrorist groups have increasingly utilized these currencies to finance their activities. Consequently, states, organizations, and financial institutions have been compelled to adopt effective anti-terrorist financing strategies in response to this development. This research examines a range of issues related to cryptocurrencies, their utilization in terrorist financing, and the associated benefits and risks. Within the context of Iran's regulatory framework, existing policies and measures to combat the financing of terrorist crimes through cryptocurrencies have led to challenges characterized by conflicting and fragmented approaches to the regulation of cryptocurrency exchanges and mining, both theoretically and practically, which include the illegitimacy of exchange activities. Internally, the Central Bank has issued directives aimed at clarifying this phenomenon and has sought demands from higher authorities, particularly the Islamic Council. In contrast, other countries, such as China, have adopted a dual policy, prohibiting the use of cryptocurrencies in monetary and banking contexts. Notably, nations like Canada and the United States have established specific legal regulations and policies governing Bitcoin usage, while Japan has developed regulations for virtual currency exchange service providers, including mechanisms for identifying violators through guaranteed criminal enforcement.

The impacts of climate change pose a potential threat to peace as defined in the United Nations Charter. Currently, there are few concrete examples of violent conflicts directly induced by climate change, and our understanding of future projections remains limited. Many researchers contend that it is not climate change itself that precipitates conflict, but rather issues such as poor governance of water resources that serve as the primary drivers. This paper examines the competency of the United Nations Security Council (UNSC) in addressing the effects of climate change to either mitigate the sources or enhance the sinks of greenhouse gases. Various recommendations have been proposed for the UNSC in its dealings with the adverse impacts of climate change. These include refraining from involvement, adopting coercive measures, resorting to military force, ending impunity for environmental crimes, requesting advisory opinions from the International Court of Justice (ICJ), imposing sanctions, opting for non-response, and utilizing legislative competencies or authorizing measures. However, given the existence of multilateral climate treaties and other relevant forums, immediate action by the UNSC may be unnecessary. Additionally, the withdrawal of certain Permanent Members from the Paris Agreement complicates the Council's ability to advocate for compulsory actions in support of climate initiatives.

Today the world is tackling climate change and simultaneously needs to overcome growing energy security challenges. The transition to renewable energy is known as the key strategy for reducing carbon emissions and ensuring energy security. However, not all countries access the required finance and technologies to successfully and sustainably deploy renewable energy projects. Therefore, they seek to attract foreign investment and technology. A growing number of governments are adopting incentives to compete in this field and create a more favorable investment atmosphere. The granting of investment incentives lies within the realm of national legislation which is susceptible to revocation by the host States. This exposes foreign investors to several risks as no State is bound by its unilateral commitments and the change or withdrawal of pro-foreign investment policies by the host States is a mere exercise of their sovereignty. As International Investment Agreements (IIAs) were primarily drafted to promote and protect cross-border investments against unfair and discriminatory treatments, it is interesting to know their current approach to investment incentives and assess its implications for renewable energy investments. Adopting a qualitative approach, this research aims to clarify this issue by defining investment incentives and shedding new light on the relevant clauses in IIAs that can better contribute to the protection of renewable energy investors’ interests. Findings suggest that harmonizing investment incentives by including them in IIAs has not been on the agenda so far and IIAs seldom contain renewable energy-related incentive provisions. Therefore, this research points out the relevant provisions that can better accommodate the renewable energy investment needs.

The outbreak of Covid-19 in 2019 raised significant concerns about the transmission of the virus, especially regarding zoonotic diseases. As the third common virus transmitted between humans and animals after SARS and MERS, the perception of Covid-19 as a foodborne illness intensified discussions surrounding food safety and security. This article aims to explore the commitment of states to ensure safe food supply chains. Food safety practices are essential for preventing disease, and the right to food is enshrined in various human rights documents. Although food supply has not been the subject of a specific legal framework, international organizations and conferences have recognized the necessity of regulating food production and distribution methods to ensure that populations have access to adequate and nutritious food, thereby promoting overall health and well-being.

In the international arena, it is uncommon to find a nation with a comprehensive nationality law and citizenship policy, as complexities arise frequently across various contexts. This article seeks to explore some of these challenges, which are not confined to individual nations but are indeed global in nature. By examining the laws and policies regarding the acquisition and loss of citizenship in six randomly selected countries, this study aims to deepen the understanding of citizenship from domestic and international perspectives, clarifying states' positions on these pertinent issues. Through its analysis, the article highlights significant nuances within a broad legal framework that influences individuals' rights and obligations, irrespective of their nationality. It aspires to contribute to the ongoing discourse surrounding citizenship laws by thoroughly investigating these topics. The article is structured into sections, detailing the system of nationality law in Nigeria, along with a discussion of the relevant provisions in the selected nations. It addresses the matter of dual citizenship before examining laws concerning the loss of citizenship in other countries. Additionally, it considers the issue of statelessness in Nigeria and the measures taken to combat it. The article concludes with robust recommendations for nations to better uphold their citizens' inherent rights.

Worker wages represent a critical dimension of labor rights, encompassing all forms of remuneration arising from employment contracts. Given the inherent power imbalance between employers and employees, there exists an ongoing concern that employers, driven by the desire to minimize operational costs, may offer unjust wages to workers. Consequently, various frameworks are employed across societies to establish minimum wage standards. Social security stands as a fundamental indicator of the welfare levels of workers and vulnerable populations, providing a vital criterion for evaluating public satisfaction with governance. This research employs library resources, alongside descriptive-analytical and comparative approaches, to examine the relevant laws and documents within the national legal frameworks of Iran and Canada, as well as pertinent international instruments. The findings, based on the study's hypotheses, suggest that the systems governing equality in rights within Iran and Canada, as well as in international documents, emphasize the right to receive insurance benefits and secure employment as foundational elements of equality rights. Furthermore, the domains of relief and support serve to enhance these foundational structures.

Whether floor crossing is democratic or undemocratic under Article 70 of the Bangladeshi Constitution is a significant question. The major goal of this rule is to prevent Members of Parliament (MPs) from voting against their party, lest their seats in Parliament be vacated. However, this article's violation of the Members of Parliament's (MPs') right to free speech is a major matter for worry, as it violates their fundamental rights. The primary purpose of this study is to examine the existing floor crossing law to determine whether or not it constitutes a breach of fundamental rights as embodied in the Bangladeshi Constitution, and to identify the gaps prevalent in the provision regulating floor crossing. This paper employs the doctrinal research methodology, utilizing journal articles, textbooks, academic databases, and online resources. In this study, we've attempted to introduce the provisions of floor crossing and describe it with historical context, Article 70 of the Constitution of the People’s Republic of Bangladesh, and provisions in other nations such as the United States, the United Kingdom, and India. We have reviewed the rationale for barring floor crossing and why this provision will not be altered. We have also reviewed a recent incidence involving floor crossing and a case study that constructively critiques the regulation. We have determined that floor crossing is abandoning one's party in Parliament to vote for the opposing party during the bill's voting or passage, and we have provided recommendations to fix this issue and make the provision of floor crossing acceptable for the benefit of our people.

The 21st century is commonly referred to as the century of technological upgradation and digitalisation. A large section of the developmental activities that are taking place in our daily lives are due to the invention and exploration based activities that are being conducted by  researchers, scientists and scholars from different nations. One of the most significant activities that have helped in shaping the country's future is the ability to forecast weather conditions, disaster situations, natural calamities and atmospheric health of a country and also of the world at large. This becomes possible because of the imagery and the information which are generated with the help of the satellites. Furthermore different categories of satellite also help in broadcasting such information and sending information to the masses through various modes of communication including the television and the wireless network mediums. The term invention is heavily dependent and interconnected with a particular discipline of law- the intellectual property right. The information which is generated by the satellites is considered as important creations. The main question that arises in this sector is whether such information is subject to protection under any scheme and specifically copyright regime of the intellectual property right domain. This paper focuses on the intersection between the copyright regime and the creations in relation to the outer space and what are the possible areas which are required to be focused on in order to establish a sound system of protection for such creations.

The relationship between increased budget allocations to the judiciary and improvements in judicial behavior and performance has gained prominence in recent years. However, given the limited nature of resources, extensive funding for the justice system often comes at the expense of other societal needs. Thus, optimizing resource allocation within the judiciary is essential. This optimization requires identifying challenges specific to the judicial system of the Islamic Republic of Iran and examining the experiences of other nations. This article argues that effective governance demands budget transparency, and arbitrary resource allocation—without considering medium- and long-term planning—presents significant challenges. Despite the implementation of six medium-term plans since the Islamic Revolution in 1979, a coherent link between these plans and the budgetary process remains elusive in Iran. This disconnect can be partly attributed to the influence of bargaining dynamics on budget allocation. Additional challenges include a lack of fiscal discipline, an excessive reliance on incremental budgeting, inadequate use of an efficient accounting system, and ineffective oversight by other branches of government regarding the financial performance of the judiciary. Experiences from various countries indicate that when budgeting systems resist reform, a viable solution involves identifying and strengthening components within the existing institutional framework that enhance efficiency. Given that implementing Performance Budgeting within the judiciary may be impractical, a more effective approach may involve adhering to traditional budgeting methods. Ultimately, enhancing budget transparency and facilitating public access to budgetary information can empower citizens, promote government accountability, and yield mutual benefits.

Modern piracy poses a significant challenge to global stability, jeopardizing international order and creating insecurity on the world's waterways. While reminiscent of traditional piracy, contemporary piracy manifests in distinct forms that diverge from its classical antecedent, particularly in terms of violence, the breadth of activities, methods employed, and underlying motives. Currently, the jurisdiction over these offenses rests with domestic courts. Despite the concerted efforts of the international community to prosecute perpetrators within these courts, both governments and international law have encountered considerable obstacles in achieving success. A particularly contentious issue is the jurisdictional complexities faced by governments during legal proceedings. In light of various United Nations Security Council resolutions, the concept of universal jurisdiction has evolved, albeit subject to diverse interpretations. The Islamic Republic of Iran has adopted specific procedural frameworks to address this issue. In accordance with Iranian law, both universal and territorial as well as personal jurisdictions are invoked to combat the immunity associated with modern piracy. The provisions articulated in Articles 3, 4, 7, 8, and 9 of the Islamic Penal Code unequivocally indicate that the Islamic Republic of Iran possesses substantial jurisdiction over individuals accused of modern piracy. Nevertheless, it is evident that legislative capacity remains underutilized, particularly concerning the existing gaps and deficiencies in the definitions and punitive measures related to piracy within the Islamic Penal Code. This has inadvertently resulted in piracy being perceived as a subset of other criminal offenses. Nonetheless, Iranian courts, grounded in the principles of universality, territoriality, and personal jurisdiction as delineated in the aforementioned Articles of the Islamic Penal Code, do indeed possess the requisite authority to adjudicate piracy cases.

“Prolonged Occupation and International Law”, published in late March 2023 by Brill Publishing House, is a landmark collection of essays on the Israeli regime's protracted occupation of Palestinian territory. The 16-chapter book is a treasure trove of valuable contributions from eminent scholars, professors, lawyers, practitioners, and policymakers, including former UN Special Rapporteurs. The book has received acclaim from several legal scholars, including William A. Schabas, Professor of International Law, School of Law, Middlesex University, who has offered a glowing review, stating: “Scholarly and comprehensive, this impressive collection of essays by renowned experts...offers a tour d'horizon of the fundamental legal issues raised by Israel’s prolonged occupation of Palestine as well as potential remedies that can confront the illegalities.”  The book intends to draw international attention to the extraordinary length of the occupation of the Palestinian territory by Israel, which has now lasted more than half a century. Chapters in this book cover a broad spectrum of topics related to the prolonged occupation and Israel’s control, ranging from colonialism to apartheid. Authors unanimously assert the illegality of the occupation from day one, and emphasize that indefinite occupation and colonialism collide with the foundational requirement under international humanitarian law that the occupied territory be returned to the occupied population. The miscellany also underscores the critical importance of historical analysis in comprehending the root causes that have propelled Israel onto its current trajectory of apartheid, colonialism, and annexation. Unfolding the past - the book argues- is essential for addressing the intergenerational trauma and injustice inflicted upon the Palestinian people and ultimately achieving a just and durable resolution. This brief analysis will summarize the book's principal arguments and evaluate its key themes presented in two parts, followed by a critical assessment.