https://jlr.sdil.ac.ir/ Journal of Legal Research en daily 1 Sun, 23 Aug 2026 00:00:00 +0330 Sun, 23 Aug 2026 00:00:00 +0330 https://jlr.sdil.ac.ir/article_202414.html The term sphere, a constituent element of the concepts of the public and private spheres, denotes a domain or space in which discussion, dialogue, and action can take place. Related terms include realm, domain, space, atmosphere, environment, and habitat. A sphere derives its existence from a space that enables individuals to be seen and heard or, in other words, to appear and express themselves. Such spaces may exist at the local, national, or global level. In Western thought, the earliest distinction between the public and private spheres dates back to ancient Greece and Rome. For the Greeks and Romans, the public sphere was the realm of political freedom, where free citizens, as opposed to slaves, could develop and realize their potential. The Western liberal tradition inherited the distinction between the public and private spheres from classical antiquity. Unlike the Roman tradition, however, in which the private sphere was regarded as a place of preparation for participation in public life, the liberal tradition accords the private sphere greater independence from the public sphere. Focusing on the thought of Hannah Arendt, one of the major theorists of the public–private distinction, this article examines the foundations of that distinction and explores the similarities and differences between her account and those of other political philosophers. https://jlr.sdil.ac.ir/article_207754.html Fārābī’s legal theory, embedded in his writings on civil philosophy, comprises three fundamental components: foundation, source, and ultimate purpose. The foundation of virtuous law, according to Fārābī, is natural law, which is also consistent with the objectives of Islamic law. The laws governing the virtuous city are established by its first ruler and derive from divine revelation and divine traditions. Some of these divine traditions, or natural laws, are accessible to sound reason, while others lie beyond the intellectual grasp of the majority. The latter are either revealed to the first ruler or apprehended by him through intellectual insight, by virtue of his acquired intellect. Such knowledge also forms part of the divine traditions. The ultimate purpose of both the first ruler and the laws of the virtuous city is the attainment of ultimate happiness. Employing a descriptive-analytical method, this article examines and explains these three components of Fārābī’s thought. It argues that, taken together, they constitute a coherent framework that may be identified as the theory of virtuous law, or Fārābī’s legal theory. https://jlr.sdil.ac.ir/article_208723.html Two approaches to rights may be distinguished. The traditional approach regards the individual as the subject of protection against the state and assumes that rights and freedoms are better secured by limiting state power. A more recent approach extends this perspective by recognizing that strengthening certain governmental institutions may also help protect human rights. Accordingly, a distinction can be drawn between rights secured by restricting state power and those realized through the establishment of governmental structures and the conferral of powers on state institutions. The latter, known as structural rights, lie at the intersection of rights and institutional structures, and their effective exercise depends on the existence of appropriate governmental arrangements. Employing a descriptive-analytical method, this article examines how structural rights operate by considering their two defining elements: rights and structure. The findings indicate that structural rights can strengthen governmental institutions and enhance the legitimacy of state action while empowering citizens. Unlike the traditional approach, which places rights and state power in opposition, this perspective suggests that institutional development and the conferral of governmental powers can serve to protect rights. Structural rights, most of which are already recognized rights, may encourage public authorities to strengthen rights protection through the establishment of complementary institutions. By empowering citizens, they may also contribute to the legitimacy and institutional capacity of the state. https://jlr.sdil.ac.ir/article_209367.html A measure or decision that restricts an individual right is considered proportionate if it pursues a legitimate aim, is rationally connected to that aim, and employs the least burdensome means available. The proportionality test thus involves an assessment of costs and benefits. The principle of proportionality provides both a methodological framework and a procedural tool for evaluating the actions of public authorities. Employing a descriptive-analytical method, this article examines how the Guardian Council applies the principle of proportionality in its opinions, particularly those concerning fundamental rights and freedoms. An examination of the Council’s opinions suggests that the application of this principle can help prevent the enactment of legislation inconsistent with the Constitution and guide public authorities towards greater protection of fundamental rights. The findings indicate that, although the principle of proportionality has been reflected in the Guardian Council’s opinions, its application lacks a coherent and systematic structure. In other words, while the principle has an identifiable place in the Council’s constitutional review, the Council has yet to develop a consistent, comprehensive, and methodical approach to its application. https://jlr.sdil.ac.ir/article_208093.html Article 100 of the Constitution of the Islamic Republic of Iran, commonly known as the provision governing local councils, constitutes a prominent expression of popular participation in the country's constitutional framework. It assigns councils an oversight role in advancing local development objectives. The central question addressed in this article is which form of legally recognized oversight is envisaged by Article 100. The study proceeds from the hypothesis that the constitutional provision contemplates approbatory oversight (nezārat-e estesvābī). Employing a grounded theory-based approach to textual analysis, the research examines the different forms of oversight expressly or implicitly recognized in the Constitution. It also analyses the intention of the constitutional framers through the records of the Assembly for the Final Review of the Constitution and the interpretative opinions of the Guardian Council, seeking to establish a precise and well-supported understanding of oversight under Article 100. The findings identify two principal interpretations of oversight in the Constitution. The first favours informational oversight (nezārat-e estelāʿī) and draws on the constitutional text and the Guardian Council's interpretation, a position also accepted by the majority of legal scholars. The second favours approbatory oversight, which, although it does not share certain characteristics attributed to informational oversight, can be supported by the ordinary meaning of the term, the purposes and underlying objectives of the Islamic Revolution, the thought of the founder of the Islamic Republic, and an interpretation consistent with other relevant constitutional provisions. The article argues that recognizing approbatory oversight under Article 100 is more consistent with the underlying principles and objectives of local councils and provides a more coherent interpretation of their constitutional role. https://jlr.sdil.ac.ir/article_222855.html Oversight of urban management and municipal performance constitutes one of the most important functions of Islamic city councils as representative local institutions. This study aims to identify the challenges, requirements, and strategies for improving the effectiveness of this oversight process. The research adopts a descriptive-analytical methodology, and the required data were collected through library-based research, documentary analysis, and specialized interviews with informed and experienced individuals. The research population consists of experts, council members, and urban managers. The findings indicate that Islamic city councils face various challenges, including legal constraints, incomplete institutionalization, insufficient training of council members, and limitations on their supervisory authority. The principal proposed solutions include reviewing and reforming relevant laws and regulations, expanding supervisory powers, enhancing the professional knowledge and training of council members, strengthening mechanisms for citizen participation, and increasing transparency in urban management processes. The findings of this study may assist policymakers, urban planners, and urban governance authorities in improving the performance of Islamic city councils and strengthening local oversight mechanisms. https://jlr.sdil.ac.ir/article_206616.html A substantial proportion of Iran’s prison population consists of individuals convicted of financial crimes, including theft and fraud. Several factors contribute to this problem, among them the ineffectiveness of the existing system of criminal sanctions. The clinical model of criminology proposes responses based on the offender’s dangerousness and provides criteria for assessing both dangerousness and the appropriate response. This article examines the extent to which Iran’s current legislative framework relies on clinical criteria in determining these two matters and considers the consequences of their application. The findings indicate that the assessment of dangerousness relies primarily on two criteria: the method of committing the offence and the persistence of offending within a specified period. Conversely, the absence of dangerousness is inferred from the lack of a legally significant criminal record and the application of a prescribed monetary threshold. These criteria, however, lack sufficient diagnostic reliability because they have been inadequately incorporated into legislation. For example, offenders with multiple previous convictions may not be classified as dangerous because their convictions do not constitute a legally significant criminal record. As regards criminal sanctions, although the legislation provides for certain alternative responses influenced by Lombroso’s classical clinical model, which emphasizes the exclusion of offenders, legislative priority is given to imprisonment and supplementary incapacitating measures. Consequently, shortcomings in assessing dangerousness and selecting proportionate responses may result in occasional offenders receiving custodial sentences while persistent offenders are subjected to rehabilitative measures. https://jlr.sdil.ac.ir/article_207751.html Drug use and its associated harms are among the most pressing concerns facing countries worldwide, prompting governments and international organizations to adopt various policies to combat drug misuse and addiction. Iran's criminal justice system has relied on punitive and treatment-oriented approaches, neither of which, according to this study, has succeeded in reducing drug consumption. In light of these shortcomings, a strategy based on managing soft drug use and reducing its associated harms, informed by economic considerations, has attracted increasing attention. This applied study adopts a descriptive method, drawing on documentary research, research notes, and information collected from websites and academic articles. The findings indicate that, unlike exclusively punitive or treatment-oriented policies, drug misuse management adopts a multidimensional approach that also takes economic considerations into account. By examining the adverse effects of unrestricted drug trafficking at the macroeconomic level and analysing consumers' economic behaviour at the microeconomic level, this approach draws on several economic considerations, including reducing government expenditure, generating public revenue, addressing unemployment and poverty, preserving the productive workforce, and securing capital for domestic production. Moreover, by seeking to improve the health and treatment of people who use drugs and their families, reduce drug-related harm, and control crime rates, this approach may contribute to the country's broader objectives of economic growth and development. By incorporating the economic, social, medical, and legal dimensions of drug misuse, it offers an alternative framework to policies based exclusively on punishment or treatment. https://jlr.sdil.ac.ir/article_226537.html The doctrine of the Responsibility to Protect (R2P) was adopted at the 2005 United Nations World Summit and incorporated into paragraphs 138 and 139 of the Outcome Document. The Syrian Arab Republic is one of the strategically significant states in the Middle East. Despite efforts by the Syrian government and the international community to restore civilian security, the commission of crimes against humanity and inhumane acts by armed groups has not been prevented. This study, employing a descriptive-analytical approach, examines the legality of military intervention in Syria under the doctrines of humanitarian intervention and the Responsibility to Protect, with reference to the express provisions of the United Nations Charter, the Declaration on Principles of International Law concerning Friendly Relations among States, the positions of the Security Council, and the foundations of customary and treaty-based international law. The findings indicate that military intervention in Syria justified on the basis of humanitarian intervention or the Responsibility to Protect lacks legal legitimacy due to its inconsistency with the express provisions of the UN Charter, the Declaration on Friendly Relations, the opposition of the Security Council, and the absence of a clear legal basis in customary and conventional international law. Furthermore, an assessment of the Security Council’s approach toward the Syrian crisis and its relationship with humanitarian intervention, particularly within the framework of the Responsibility to Protect doctrine, demonstrates a certain tension between realist interpretations of state conduct and the normative claims underlying humanitarian intervention. https://jlr.sdil.ac.ir/article_208444.html Artificial intelligence has become one of the world's most powerful technologies, with the potential to transform numerous aspects of human life. Establishing a global framework for its responsible development and use is therefore essential. Employing a descriptive-analytical method, this article examines the role of international technology law in the development and regulation of artificial intelligence and analyses the global strategies outlined in the first United Nations General Assembly resolution devoted to AI. International technology law plays a fundamental role in guiding the responsible development of artificial intelligence by providing a coherent legal framework for its development and use. The adoption of the General Assembly's first AI resolution reflects the international community's recognition of the significance and implications of this technology and provides guidance for its responsible and sustainable development. By emphasizing the protection of human rights and public safety, the resolution may help prevent the misuse of AI and discourage its unethical or unlawful applications. Regulating and developing artificial intelligence within the framework of international technology law can facilitate its responsible and sustainable use while contributing to the protection of human rights, the promotion of public safety, and the mitigation of risks associated with its misuse. https://jlr.sdil.ac.ir/article_209242.html The right to privacy in the digital environment is a fundamental human right, primarily concerned with individuals’ ability to exercise control over their personal data. From a competition law perspective, such data also possess economic value and may confer a competitive advantage. Large digital platforms holding dominant market positions may collect and process users’ personal data in exchange for services offered without monetary payment, sometimes without complying with the requirements governing lawful data processing, including transparency and the need to obtain valid consent where consent is the applicable legal basis. These practices may infringe users’ privacy rights or diminish the level of privacy protection afforded to them. An examination of the common objectives of privacy protection and competition law, including welfare, fairness, individual autonomy, transparency, and the reduction of power and information asymmetries, together with relevant EU decisions and case law, indicates that competition between digital platforms is determined not only by price but also by quality and consumer choice. Privacy protection may therefore constitute a non-price parameter of competition, influencing both service quality and users’ freedom of choice. Given the shared normative foundations of these two areas of law, the article argues that a reduction in privacy protection may amount to a deterioration in service quality or a restriction of user choice. In certain circumstances, such conduct may distort competition and constitute an abuse of a dominant position. Similar privacy-related concerns may also arise in merger control where a concentration threatens to reduce competition over quality or choice. https://jlr.sdil.ac.ir/article_224058.html Financial technology is evolving toward a model that enables individuals worldwide to use virtual currencies for transactions. New virtual currency intermediaries, namely cryptocurrency exchanges, provide online storage facilities and platforms for the purchase, sale, and transfer of such assets. The participation of these emerging financial technology providers in payment systems may bring fundamental changes to the global financial ecosystem. Nevertheless, these intermediaries are not without challenges. Financial institutions are increasingly motivated to integrate with cryptocurrency exchanges due to their potential advantages, including rapid cross-border payments and low-cost settlement mechanisms. This study, employing a descriptive-analytical method based on library research, examines the legal dimensions of financial integration with cryptocurrency exchanges and the mechanisms required to manage such integration while preserving innovation and avoiding unnecessary restrictions on these emerging actors. It further seeks to identify an effective supervisory authority capable of managing the potential risks arising from such integration and, by examining the models adopted by virtual banks that incorporate cryptocurrencies into their digital banking services, explores the possibility of providing users with a new form of cryptocurrency-based financial experience. The findings demonstrate that despite national, regional, and international regulatory initiatives concerning virtual currencies, a unified regulatory framework has not yet been established at either the national or global level. Although the Markets in Crypto-Assets Regulation (MiCA) has significantly transformed the regulatory landscape of crypto-asset markets within the European Union, important segments of the cryptocurrency ecosystem remain outside its scope. https://jlr.sdil.ac.ir/article_209632.html The traditional approach to contract law emphasizes the private nature and function of contracts, treating third parties and contractual relationships as essentially unrelated. Under this approach, the principle of privity of contract is generally regarded as sufficient to establish that contracts do not produce legal effects in relation to third parties. The modern approach, by contrast, cautions against the excessive emphasis placed on the principle of autonomy of will under legal liberalism. It regards contracts as social arrangements that operate within the public sphere and inevitably affect third parties. These effects extend beyond the scope of contractual privity, drawing attention to the need for greater protection of third parties against the adverse consequences of contracts. Although such protection is relevant throughout the legal life of a contract, this article focuses specifically on the formation stage and examines the exceptions to general contractual principles and rules that serve this purpose. These exceptions include restrictions and prohibitions on contract formation, which limit freedom of contract; formal requirements that depart from the principle of consensual formation; requirements to give notice of contractual intentions and publicize juridical acts to inform third parties; and the need to obtain third-party consent or approval. These limitations on the principle of autonomy of will are intended to protect third parties during contract formation and may, in certain circumstances, confer upon them a right to exercise control or oversight over the contract. Employing an analytical–empirical method, this article examines these exceptions and their role in protecting third parties at the contract formation stage. https://jlr.sdil.ac.ir/article_206685.html Certain commercial leases governed by Iranian landlord-tenant legislation continue beyond the expiry of the agreed lease term, and the landlord-tenant relationship may therefore persist for an extended period. During this time, the leased building may be destroyed, or legislative changes may make it impossible for the tenant to continue operating the business. The legal status of the tenant’s statutory goodwill right (haqq-e kasb-o-pisheh va tejārat) and key-money right (haqq-e sarqofli) in such circumstances remains uncertain, as the legislature has not expressly determined the consequences of destruction for the lease or the rights arising from it. Judicial practice is likewise inconsistent. Most judges favour the continuation of the lease despite the destruction of the leased premises, but have not adequately clarified the parties’ rights and obligations concerning reconstruction or the possibility of compelling the landlord to rebuild. Among judges who consider the lease terminated, opinions differ as to whether the statutory goodwill right or key-money right survives. Although most favour the preservation of these rights, they have not sufficiently explained the legal basis, scope, or consequences of their survival or determined the corresponding rights and obligations of the landlord and tenant. This article examines judicial practice concerning the tenant’s statutory goodwill right and key-money right following the destruction of leased premises, identifies the strengths and weaknesses of existing judicial approaches, and seeks appropriate legal solutions. Employing a descriptive-analytical method, the study draws on court judgments, judicial discussion sessions, legal literature, legislation, and relevant online resources. The findings indicate that legislative ambiguities and inconsistent judicial interpretations have created further uncertainty and practical difficulties in commercial landlord-tenant relationships. The article therefore calls for a review of the relevant legislation and the elimination of existing statutory gaps to prevent conflicting judgments and establish a clearer legal framework governing commercial tenancies. https://jlr.sdil.ac.ir/article_206635.html Under Unification Ruling No. 811 of 22 June 2021, where the property sold belongs to a third party and the buyer was unaware of the invalidity of the sale, damages must be assessed according to the general principles of compensation rather than Article 522 of the Iranian Code of Civil Procedure, provided that the purchase price was paid in Iranian currency. The assessment must take account of the increase in the prices of properties comparable to the subject matter of the sale in type and characteristics. Since the express wording of the ruling concerns only sales of property belonging to third parties, some commentators adopt a literal interpretation and argue that its application should be confined to such transactions. They maintain that the transfer of key-money rights (haqq-e sarqofli) constitutes a contract distinct from a sale and should not necessarily be subject to the same legal consequences. Accordingly, they reject the application of the ruling to invalid transfers of key-money rights. This study, however, examines whether the ruling can be extended to such transfers by considering its underlying rationale, the nature and binding force of unification rulings, and the principle of liability for defective title (ḍamān al-darak). It argues that this form of liability arises from the invalidity of a transaction and constitutes a form of non-contractual liability that is not confined to contracts of sale. The findings indicate that the compensatory approach established in Ruling No. 811 can also be applied to invalid transfers of key-money rights. Article 522 of the Code of Civil Procedure, which governs compensation for delayed payment of monetary debts, does not directly address losses arising from the invalidity of such transactions. Moreover, an adjustment based solely on general inflation indices may fail to compensate the injured party for the actual loss suffered. Extending the approach adopted in Ruling No. 811 to invalid transfers of key-money rights would therefore be more consistent with the principle of full compensation and the legislative rationale underlying the law of damages. https://jlr.sdil.ac.ir/article_140175.html International peace and nonviolence and domestic and international hostilities have always been a concern for humanity. By relying on existing potentials, international law has attempted to fulfill the common aspiration of mankind. The ratification and adjustment of the UN Millennium Declaration has become the basis for universal peace in the domestic and international arena. Over the last few years, peace scholars have examined the position of sport among the people, trying to play the role of sport as an active and influential institution in the realization and resolution of equations in international law literature and within the horizons of international law. Expand the chapter of international disputes. Over the past few decades, its role in promoting international peace and security and resolving international disputes in international documents has been the focus of much attention to the extent that sport can today be a symbol of peace-building components. The UN Millennium Declaration recognized the settlement of international disputes. https://jlr.sdil.ac.ir/article_193984.html Transactions involving information rents are agreements in which one party, by virtue of their position or connections, gains access to material economic information that has not yet been made public and uses it to enter into a transaction for personal gain. Such information is often held by public officials and persons connected to them. Despite the prevalence of these transactions, Iranian legislation has not expressly addressed their contractual validity. Moreover, these transactions are economically inefficient and divert society's resources towards unproductive activities. The issue has also received relatively little attention in legal scholarship. Using a descriptive-analytical method, this article examines the legal status of such transactions. The findings indicate that a party possessing privileged information is under a duty to disclose it to the other contracting party. If this duty is breached, the injured party may rescind the contract on the ground of fraud (khiyār al-tadlīs) or seek restitution of the excess gains obtained. https://jlr.sdil.ac.ir/article_210985.html Article 188 of the Iranian Civil Code defines a contract subject to an option of rescission as one in which either or both parties, or a third party, have the right to rescind the contract. Accordingly, a sale subject to an option of rescission, as contemplated by Article 399 of the Civil Code, is a sale in which such a right is conferred on either or both parties, or a third party. In legal scholarship, however, this type of sale is sometimes treated as synonymous with a conditional sale (bayʿ al-sharṭ). Although the two concepts are distinct, a conditional sale may be regarded as a particular form of sale subject to an option of rescission. As with other types of sale, ownership of the purchase price passes to the seller, while ownership of the property sold passes to the buyer upon conclusion of the contract. Each party is therefore entitled to exercise the rights associated with ownership, including the right to transfer the property. Furthermore, under the general principles of contract law, rescission ordinarily operates prospectively. Thus, where the buyer has transferred the property to a third party, the seller cannot ordinarily recover the property itself and must instead seek its equivalent or value from the buyer following rescission. Nevertheless, in Unification Ruling No. 810, dated 25 May 2021, the General Assembly of Iran’s Supreme Court recognized the seller’s right to recover the property itself, even following its transfer to a third party, provided that the specified contractual conditions are satisfied. This ruling is open to criticism on several grounds. Given its departure from the general principles governing contractual rescission, the article argues that it should be interpreted narrowly. https://jlr.sdil.ac.ir/article_160779.html Business corporations play an essential role in economic development, job creation, the circulation of wealth, and the provision of services. When financial crises lead to bankruptcy and liquidation, however, society may suffer from the loss of these enterprises and their resources. Many legal systems therefore provide for corporate reorganization, which has various effects on the corporation itself and its directors, creditors, and shareholders. Using a descriptive-analytical approach based on library research, this article examines the principal legal effects of the reorganization of public companies on these four groups under U.S. law. The findings indicate that reorganization may have both positive and negative consequences for each group. For the corporation, the principal effects include the possibility of continuing its operations, protection of its assets against certain enforcement actions, and discharge of pre-confirmation debts, subject to statutory requirements and exceptions. For directors, reorganization may involve changes in management, the desirability of which remains controversial, or the continuation of their duties subject to oversight. For creditors, the principal effects include the prospect of greater recovery on their claims and, in certain circumstances, the conversion of their claims into shares in the company. Shareholders, meanwhile, may face restrictions on the transfer of shares and bear costs arising from the reorganization process. https://jlr.sdil.ac.ir/article_135859.html The fair trial contains a set of principles and rules that are anticipated to comply with the law of the parties to the dispute. In the context of such a hearing, reason as the center of gravity for criminal proceedings must not only be self-legitimate, but also the method of studying and applying it should be subject to the principle of the legitimacy of studying criminal evidence. The punishment of offenders in the community, although one of the basic objectives of the criminal procedure, but this important goal should not justify the use of any means and means, because undoubtedly, illegal practices can not be described as fair and just, and in such a situation , Talking about a fair trial is unfair. But in some legal systems, they have a special, cautious look, so they have been charged with prosecuting themselves. This rule, although civilized in order to protect human dignity in preventing the use of reason in any way, it should be noted that this rule has been met with exceptions in certain circumstances and circumstances. However, the recognition of this rule and its limitations has always been accompanied by challenges among lawyers around the large legal system, because the intellectual traditions of these two systems require different requirements. Therefore, recognizing this humanitarian rule in the light of the two legal systems is a step towards the conceptual development of a fair trial in our own country, which is an inevitable necessity. https://jlr.sdil.ac.ir/article_201304.html The duty to provide information is one of the most important pre-contractual obligations. This duty protects parties who are at an informational disadvantage and for whom access to relevant information may significantly influence the decision to enter into a contract. Insurance contracts are particularly sensitive in this respect, since the information provided by the policyholder identifies the subject matter of the insurance and forms the basis on which the insurer decides whether to conclude the contract and on what terms. Insurance law has therefore long been one of the principal areas in which duties of disclosure have been recognized. English law, with its extensive history and well-developed body of insurance law, provides particularly instructive examples of legal protection in this field. The Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015 introduced significant reforms to pre-contractual disclosure and representation requirements in consumer and non-consumer insurance, respectively. Through a comparative examination of these statutes and Iranian insurance legislation, this article analyses the constituent elements of the duty to provide information in insurance contracts under Iranian and English law. https://jlr.sdil.ac.ir/article_208680.html According to the prevailing view, a contract is formed through the concurrence of two wills and gives rise to obligations. Marriage, however, is treated as an exception insofar as the wife is accorded no role in its dissolution through divorce. Jurists have justified the husband's exclusive right to divorce by reference to Qur'anic verses that address men as the parties who divorce their wives, the well-known tradition al-ṭalāq bi-yad man akhadha bi-l-sāq, and the established practice of the religious community. Imam Khomeini, by contrast, offers an account of contractual formation in which the contract owes its existence to the unilateral will of the offeror. Leaving aside an assessment of the reasoning underlying this view, if the marriage contract comes into existence through the wife's offer and the husband's acceptance is not a constitutive element of its formation, it is difficult to maintain that dissolution lies entirely within the husband's control. Such a position would deny the party who brings the marriage into existence any role in its dissolution. Using a descriptive-analytical method, this article examines Imam Khomeini's conception of the marriage contract and its implications for the wife's right to divorce. Through an examination of his views and their application to marriage, the study argues that the wife's right to divorce should be recognized. This interpretation may call for reconsideration of certain doctrinal premises and legal arrangements governing the dissolution of marriage. https://jlr.sdil.ac.ir/article_148320.html Cyber terrorism is one of the latest examples of real terrorism and an increasing threat to the international community, employed by individuals having access to this modern science and wants to apply it against third world countries through illegal employment of modern technologies and electronic and computer devices in virtual space. Therefore, putting aside the fact that it is the West which is mostly the main cause of cyber terrorism while claiming leading the fight against it, there are certain international documents designed and approved to prevent and contain all forms of terrorism, particularly cyber terrorism. Pathologically speaking, we can claim that these documents not only have not brought any success in fighting this emergent phenomenon, but have, also, deteriorated the situation by paving the way for its rise in national and international arena. Thus, the present article takes a close look at cyber terrorism and its related concepts and evaluates the international documents from the perspective of international criminal law., this article tries to review general concept of cyber terrorism as a criminal phenomenon and Strategies and shortcomings of the legal system to deal with it.This Research through interdisciplinary study and with constructivist approach, will explore the phenomenon of cyber-terrorism, and will respond to it, how mental frameworks actors in the international arena will be effective on creating cyber threats, and in resolving this security dilemma In the social process. https://jlr.sdil.ac.ir/article_148831.html FRAND contract is concluded between Standard Essential Patent (SEP) holders and Standard Setting Organizations (SSOs). It imposes on – without providing a precise meaning - the SEP holders a duty to offer to license their SEPs on fair, reasonable and non-discrimination terms to standard implementers. Future standard implementers are FRAND contract's third-party beneficiaries. This contract doesn't also include any clauses in regard of it's Legal effects and termination . The ambiguity in meaning of FRAND terms causes challenges between SEP holders and standard implementer in negotiations over licensing of SEPs. The standard implementer may sue SEP holder who fails to perform one's duty arising from FRAND contract.Courts use several methods in order to calculate the royalty rate around the world. This archive-based research provides the precise definition of FRAND contract's content by studing U.S. contract law. It also analyzed it's legal effects and termination.It should be noted that another independent article analyzed the nature and rationale of FRAND contract. https://jlr.sdil.ac.ir/article_151760.html In recent decades increasing acceleration has taken place in the course of the international contractual community towards the international community of values. This fundamental change in the foundations of international public order and moving towards comprehensive support for individuals and groups necessitates a revision of the rules and regulations which have been set with the vision of sovereign-centered international law. Concept of “Genocide” which took on a legal form at one of the most critical points in history, bipolar era, must be acquainted with the new values of the international community that have found a more humane color; thus by putting a proper name all human groups enjoy the right to exist and the right to life and keep up with the developments in the infrastructure layers of the international community. Ignorance of the background of the criminalization of this crime puts a strong barrier in the way of spreading the umbrella of the convention on other human groups; and puts most of the legal writings in a vicious circle that this document was created with the aim of supporting minorities and nothing else. Fortunately, sociologists like a skilled physician have taken up the pen in the face of social realities and diagnosis of social harms and have created valuable writings for the treatment of this disease. Following the successive hammers of these thinkers on the weakness of the convention, protected groups, one can hope comprehensive and efficient legislation. https://jlr.sdil.ac.ir/article_155218.html The development of e-commerce and the widespread conduction of transactions using electronic tools have led to an increased tendency towards the implementation of electronic transactions among consumers. E-commerce, like any other commercial market, is customer-centered so the protection of consumers is an unavoidable necessity; in particular, the electronic environment, in addition to its significant benefits for the consumer, has brought many challenges such as infringement of rights with new tools and large dimensions, and in many cases, there is no contractual relationship between the infringer and the consumer. The majority of researches, concerning consumer protection have merely concentrated on contractual liability; however, the present study examines the protection of consumer rights in the electronic environment with a focus on non-contractual liability, which is a new and practical issue. To address this academic gap through a library research approach, our main inquiry is whether the regime of the non-contractual liability for consumer protection in e-commerce is different from physical commerce? And do Iranian law have clear and comprehensive regulations in this regard? https://jlr.sdil.ac.ir/article_159527.html The ruling governments in Syria in general throughout history, they considered the Kurds as an immigrant population and not as native and authentic citizens of this country. Not only are they unwilling to grant autonomy to this minority and define an ethnic identity for them,Rather,they have not recognized them as Syrian citizens and given them Syrian identity. What we have seen again since February 2011 shows the widespread and systematic violation of the fundamental rights of the Kurdish minority in this country by government forces as well as armed and militia groups supporting the government in the Syrian crisis. This unconventional approach to Kurdish identity has caused gross violations of international obligations and the most basic human rights of the Kurdish minority in Syria. Until now, the ruling governments in Syria have clearly violated the rights of the Kurds based on the rules and obligations of international law, which proves that it opens a promising window of guarantees of international law to support and recognize the Kurds as a minority. https://jlr.sdil.ac.ir/article_159674.html Endowment lands were transferred to persons during the legislation related to the program of the land reform program in Iran, regardless of the conditions of permitting of endowment sale in Sharia. After the islamic revolution of Iran, according to the law on the annulment of documents and the sale of competitions, water and endowment lands, the ownership documents of all endowments that were transferred to farmers during the land reform were annulled. With the annulment of these documents, in order to prevent the violation of the rights of these persons or their deputies and occupiers of the mentioned lands, acquired rights such as preparing a lease document with priority of renting and owning nobles and innovations were created and recognized in the law for them. However, sometimes there are differences in the principle of the existence of these rights or the amount of agricultural share, which is usually due to the lack of formal documents of transfer during land reform or change in the status of land in nature. Also, the cases in which the occupier of endowments have made changes in the agricultural lands under their occupation have raised doubts about the acquired rights. The long-term leases, some of which were transferred during land reform, and the status of land that was transferred to persons by seven-member delegations in the early days of the Islamic Revolution, should also be added to the above. These are the source of many differences between persons and endowments. https://jlr.sdil.ac.ir/article_160094.html The settlement institution in any organization is known as an important matter in the validity of decisions of that intitution, which has been paid much attention in the founding documents of each institution and the settlement body has become one of the components of the strength of verdict and award of the organization, which due to the importance of this organization, countries usually consider their presence in this organization. the validity of its verdicts has led to the development of international commercial law. In this article, we try to consider the factors influencing the development of International Commercial Law, the origin of which is the settlement of disputes body of the World Trade Organization. with the analytical-descriptive method, we have studied the role of the WTO settlement of disputes body in the development of international commercial law. The research findings show that the factor of stability of the WTO verdicts and guarantee of its implementation has led to the development of international commercial law. Development can also be seen in the new legal order of the World Trade Organization, the integration of international commercial law, the peaceful settlement of disputes in the field of international commercial law, the application of new methods to prevent the fragmentation of international commercial law, Prevent a strict interpretation of the relevant regulations and innovations that have emerged in the appellate procedure of this organization. There are factors involved in this that are addressed in this article. https://jlr.sdil.ac.ir/article_162322.html Fundamental human rights is being safeguarded by two main judicial bodies throughout Europe . The Strasbourg court guarantees the respect of the rights enshrined in the Convention on Protection of Human Rights and Fundamental Freedoms , while the Luxembourg court is not and has never been a human rights court. However, its mandate has transcended the stage of market integration, therefore this organ had to consider the case law of Strasbourg court and convention. Nevertheless as soon as the Charter of Fundamental Rights came into force , the Luxembourg court relied on its own catalogue of rights and ignored the aforementioned sources . This approach parallel to non-accession of the European union to the Convention following opinion 2/13 of the Court of Justice of European Union may affect the longer term of the Convention system and result to challenges in protecting fundamental human rights.Nevertheless , since the European Court of Justice was convicted of not being dedicated to fundamental human rights , this organ tried to improve human rights through relying on European Court of Human Rights precedent shoulder to shoulder of enhancing its own case law in the light of EU goals and principles . https://jlr.sdil.ac.ir/article_164158.html The development of technology has led to the dependence of societies on the digital world to the extent that today human life is disrupted without the use of these services. But on the one hand, epidemic and the lack of a real alternative to the Platforms that provide the main service of digital market, such as search engines, social networks and operating systems, lead to monopoly in the market, lack of competition and endangers the right of business users and end users. And on the other hand, the position and dominance of these platforms on digital markets has led to the transformation of their owning companies into private legislators. in line with Platform Governance, European Commission approved the Digital Market Act in 2022, which aims to create obligations for Gatekeepers and prevent monopolization of the market and protect users' rights. This research intends to analyze the DMA with an analytical and metaphorical view in order to emphasize the necessity of platform governance and the effects of this law in EU member states. https://jlr.sdil.ac.ir/article_165745.html Obligations and limitations of a lawyer are one of the important issues that have discussed in the Civil Procedure Law and the Criminal Procedure Law. The silence of the statutes and the lack of discussion of some substantive issues related to the power of attorney contract in the civil Act have forced judicial practice and legal doctrine to intervene and provide a way. Examining the Acts and regulations and the judicial procedure shows that the obligation to lawyer’s present in the hearing was accompanied by exceptions and at the same time, the lawyer has obligations, limitations and powers that need to be examined more carefully. The possibility of multiple lawyers provides the conditions for the presence of one lawyer and the presentation of another lawyer's bill. Although the client cannot allow the individual action of the lawyers. Considering these facts, this paper examines the obligations, limitations, and duties of a lawyer based on judicial practice and provides the necessary solutions for ambiguous cases. https://jlr.sdil.ac.ir/article_165814.html Biological needs in the light of international documents include those needs set out in 6 of the International Covenant from Article 1 to 27, This part of the International Covenant on Human Rights refers to the examination of basic human rights needs, including the right to life and everything needed for human life, such as freedom and personal security, privacy, family, the right to citizenship, freedom of thought, the right to adequate and just working conditions, the right to adequate food, shelter, clothing and social security, the right to health, the right to education, the right to property, the right to participate in cultural life, the right to development and progress. The current general structure of this Universal Declaration and the structure created includes a preamble and thirty articles, Therefore, what is aimed at this article is the biological needs of human beings as the basis of human rights and its reflection in the Constitution of the Islamic Republic of Iran with a view to international human rights documents, which has been done in a descriptive manner and has taken steps to collect information through documentary-library study and therefore what the researcher seeks to achieve; Describing the basics of human rights in iran's legal system, analyzing the status of human biological needs in legislative and human rights, comparative comparison of Iran's approach with international human rights documents to fundamental human rights, and examining the approach of Iranian and international law to the issue of right to life, freedom, security,, etc. https://jlr.sdil.ac.ir/article_166038.html Stablecoins and asset-referenced tokens have a high potential to be wide used as a means of payment in the purchase of goods and services because they have the advantages of the blockchain network such as easy transfer and low transaction fee and security along with value stability. The potential of replacing this type of crypto-currency with ordinary fiat currencies in deals and trade can threatening for Monetary and banking policies and replace central banks with legal entities issuing stablecoins. However, the absolute prohibition of this type of cryptocurrencies will deprived of the benefits of this technology and violate the rights of their users. In the above research, it has been searched with an analytical and comparative vision, we investigated the laws of Iran's legal system and the MiCA of the European Union, which is now the largest legal source of cryptocurrencies in the world. And we also examined the necessity of legislation regarding stablecoins and its issuers. https://jlr.sdil.ac.ir/article_169314.html AbstractThe current debate about consumer regulation in free markets centers on two hypotheses: that economic globalization erodes governments' efforts to protect consumers, and that international free trade institutions, particularly the World Trade Organization (WTO), , cannot effectively deal with the growing international mutual differences in consumer regulations. Consideration should be given to why consumer regulation is often rigid, why only a small subset of transnational differences in consumer regulation lead to trade disputes that are so difficult to resolve, and how to identify this subset. Based on this, it is trying to investigate the role of the World Trade Organization in the development of consumer rights with an analytical-descriptive method and in a library form. The findings of the research show that the World Trade Organization's concerns about consumer protection and its consequences for developing countries have prompted the said organization to fix the existing deficiencies according to the organization's regulations.key words:World Trade Organization, consumer, economy, trade disputes. https://jlr.sdil.ac.ir/article_170444.html The distinction between the phenomenon’s "Utility Model"-with different names in different countries- from the nature of "invention" can be seen in the legal system of many nations. No need to profit from an invention patent creates significant benefits for its owners and is a critical step in providing sustainable innovation. Recognizing the differences between these two categories and their benefits leads to better and more use of it. It proves the necessity to include "Utility model" in legal systems without this concept.The Utility model is the resulting nature of the "bring to light" of an idea in which the initiative and innovation is at a lower level than the invention and is more concerned with optimizing and making practical the tools available in people's ordinary lives.This study aims to draw the differences between Utility model and invention accurately and to show the advantages of using the concept of "Utility model" along with the legal idea of invention in legal systems and to investigate methods with this category with a descriptive-analytical approach, and has demonstrated its empty place in Iranian law. Advantages such as independence of "Utility model"from inspecting the content of the schema in the patent process and thus its ease of patent, and also, the possibility of initial patent of inventions as"Utility model" to benefit from legal protection in the required time for the patent process, make the official recognition of this phenomenon in the current law of the country and the fundamental regulations developments in this area necessary. https://jlr.sdil.ac.ir/article_172844.html According to the law of direct taxes, the income of all Iranian and foreign persons in or from Iran and the income of Iranian persons residing in Iran from abroad includes the payment of taxes. Therefore, the adequacy of tax laws has a great impact on regulating the relations between the Iranian government and the international business environment. The ineffectiveness of these laws in applying the desired tax governance to international economic actors can create a context for tax avoidance and evasion, and challenge tax justice. To ensure the adequacy of tax laws in effectively regulating the relationship between the government and foreign economic actors, it is necessary to know the international dimensions of tax laws. This article has examined the international dimensions of tax laws in terms of rulings on taxation at the transnational level in tax laws and the provisions of international tax agreements. Investigations were conducted around the laws and regulations related to the six functional areas of the tax system in order to determine in which areas we are facing the weakness of the law and at the same time suggestions were made to improve the tax laws in the areas https://jlr.sdil.ac.ir/article_176724.html The issue of third party objection to the bankruptcy award is one of the important issues in the legal system of Iran. Fluctuation of prices and existence of inflation in the economy, economic sanctions and ambiguity in Acts and regulations are among the factors that cause the issue of real or virtual bankruptcy of businessmen in the court. Due to the fact that bankruptcy directly affects the rights of creditors and the amount of debt of the bankrupt businessman, in the laws of different countries, third-party objections to bankruptcy are foreseen and special regulations, rules and works have been established for this issue. The similarity of the deadline for third-party objection to bankruptcy in the laws of Iran, Egypt and Algeria implies that this type of protest is bound by the deadline and does not comply with the general provisions of the Civil Procedure Law.In this paper, with a comparative study in the laws of Iran, Egypt and Algeria, the concept of a third-party objector in protesting bankruptcy, the formalities of filing and handling a third-party objection to bankruptcy and its effects, the deadline for filing a third party objection to the bankruptcy award, and ways to reduce the abuse of the deadline of third objection to bankruptcy is considered. https://jlr.sdil.ac.ir/article_181479.html The role of non-state armed groups in armed conflicts against each other or states has changed into an issue threatening international peace and security in the last decades. In this regard, although it is widely accepted that international humanitarian law obliges non-state armed groups, the effect of violating these groups` obligations is less clear in terms of secondary rules. In this article, with a descriptive-analytical method, the status of non-state armed groups in the draft articles on responsibility of states for internationally wrongful acts is clarified. While evaluating the answer of international law to the issue of individual and collective international criminal responsibility of the mentioned groups, the article analyses the possible international responsibility of non- state armed groups with an emphasis on the draft articles on responsibility of states for internationally wrongful acts as a model.Keywords: Non-state Armed Groups, International Responsibility, International Humanitarian law, International Criminal Law, Compensation https://jlr.sdil.ac.ir/article_174229.html Countering religious extremism has been emphasized by many policymakers and lawyers, but this issue has a fundamental problem in the first place, and that is, what is religious extremism? This article aims to be an introduction to the definition of religious extremism in international law, in this sense, an effort has been made with a simple expression and away from complex concepts, while examining the meaning of extremism and religion, especially based on international documents, to an accessible definition. achieve religious extremism within the framework of international law. In terms of the complexity of the two issues of religion and extremism and the effects of presenting each definition in this definition, it will not necessarily be comprehensive and hinder, but it can provide familiarity with this issue to researchers who intend to work in the field of fighting religious extremism. The main question in this article is what is meant by religious extremism in international law? The present research has tried to find a logical answer to the mentioned question by examining the definitions of religion and extremism through the descriptive-analytical method and through the study of libraries and by examining international documents and texts and websites. https://jlr.sdil.ac.ir/article_187404.html Defining and determining the scope of the right to privacy is one of the controversial issues in the legal literature, which is still not detailed in the international documents regarding it. This right is not defined by human rights documents, but certain things regarding the determination of the scope of these rights have been determined by judicial authorities and legal writers who introduce any criteria to determine the scope of this right. Some consider the Public or private nature of location. confidential nature of the issue and another group consider the individual's will to be effective in determining this realm, and some believe to social theory of the right to privacy, and finally, some emphasize the element of trust in determining the realm of this right. The introduction of Internet technology led to the formation of rules such as the principle of legal and fair collection of information, the principle of accuracy, the principle of originality of purpose, the principle of transparency and participation, the special legal system of the digital space was formed in the field of privacy. In this article, based on the analytical descriptive method, the influence of international documents on the protection of personal data has been tried from the theoretical perspectives of private law. By examining the aforementioned rules and principles, it can be seen that the theory of trust plays a dominant role in shaping the aforementioned principles. https://jlr.sdil.ac.ir/article_188175.html Question and admition are two monitoring tools of the parliament to control the executive branch in the framework of Iran's legal system,and there are many ambiguities and challenges regarding their efficiency on the performance of the government. Based on this,the present research was carried out with the aim of investigating the efficiency of monitoring tools of questions and reminders on the performance of the executive branch in the domestic legal system, using documentary sources and using a descriptive-analytical method.The findings showed that the deficiency and ambiguity in the parliament's internal regulation law and the weaknesses of the communication structure and political culture have hindered the effectiveness of the monitoring tool of questions and reminders on the responsibility, accountability and reform of the government's performance, and this inefficiency It has led to another sequence,such as the weakening of the parliament's supervision over the government, legislative inflation, the use of quantitative and frequent monitoring tools or with the aim of hostage-taking and political settlement, and finally,the escalation of tension in the relationship between the parliament and the government. Is; The set of factors that improve the effectiveness of the monitoring tools of questions and reminders through the amendment of laws and adherence to approaches such as the change of questionnaires, the separation between national and regional reminders, and the expansion of the territory of institutions subject to questions and reminders, along with the strengthening of political culture and interests Taking from the media and sharpening public opinion is necessary. https://jlr.sdil.ac.ir/article_190157.html Considering the prominent role of the individual in international law and the presence of individuals alongside the government as an active function of international law, the impact of this presence can be examined from various political, social, economic and other aspects. With the activity of private individuals in the field of investment and considering the observance of the minimum international standards of treatment of foreigners, the concept of diplomatic protection aims to guarantee the rights of foreign investors against threats such as expropriation and confiscation of property, nationalization and any breach of contractual obligations. It has also entered the field of investment in the land of the host and investable government. The most important function of diplomatic protection of investors is to compensate for damages arising from the violation of the rights of foreign investors. However, today, considering the obstacles in resorting to the mechanism of diplomatic protection, including the lack of real compensation due to the long process of appealing to domestic courts as one of the preconditions for the application of this mechanism, leads to alternative solutions such as concluding bilateral treaties. , Has referred to arbitration and membership in the Convention for the settlement of disputes arising out of the investment of States and nationals of other States (OXID), and this has shown a reduction in the use of diplomatic protection. https://jlr.sdil.ac.ir/article_193219.html The volume of greenhouse gas emission and the warming of the earth's climate system have profound consequences on the global environment. Governments played an fundamental role in implementing climate change policies. It thus justifies the approach of looking the solutions to climate change from a state responsibility perspective. state responsibility in climate change mitigating will complement the treaty-based climate change regime, providing grounds for climate change mitigations and policy formulation. The ICJ stated that there are two types of state responsibility in Barcelona Traction: a state- to state duty and obligations owed to the international community as a whole. Later the International Law Commission codified the state responsibility principles in the Articles on the Responsibility of States for Internationally Wrongful Acts. States owe an obligation not to cause harm to another under the no-harm principle. There is also a due diligence obligation to prevent climate change harm. The common-but-different-responsibility principles emphasize that such duties are shared collectively by States. In this article, by inferring the general principles and new legal bases in the field of the responsibility of governments in climate change mitigating, it is argued that in addition to formulating the responsibility of governments in the form of treaties related to climate change, there is also the responsibility of climate change mitigate in customary international laws. Climate commitments, if meet the conditions of becoming customary, regardless of their acceptance or non-approval in the domestic legal system, will become binding for the governments and cause them to be responsible. https://jlr.sdil.ac.ir/article_193256.html AbstractIn cases of gross violations including the right to life and the right to protection from torture, on the one hand, and responsibility with regard to remedies and reparation for the victims of such violations, the norms of human rights and humanitarian law appear to converge to some significant degree. Some effective human rights mechanisms have been drafted and made available to the victims. With all that being said, international humanitarian law has failed to offer proceedings commensurate with human rights as far as remedies and reparation for victims of armed conflicts are concerned. Given the complementary relationship human rights and international humanitarian law appear to have and also the position which reparation for victims of such serious violations has proven to have in these two branches of law, the following research questions arise which guide the present contribution. Can human rights and international humanitarian law complement and elucidate each other in terms of proceedings and also take advantage of each other's monitoring mechanisms for the benefit of the victims and redressing their losses and sufferings? Given that the practical mechanisms of humanitarian law do not enjoy enough force in redressing the losses of the victims of (non-)international armed conflicts, can the monitoring and judicial means and mechanisms of international and regional human rights organs (and national mechanisms as well) be efficiently employed for the benefit of the victims of gross violations of humanitarian law and as a means of remedies and reparation for their plights and losses. https://jlr.sdil.ac.ir/article_195245.html In many judicial cases, criminal acts result from non-compliance with private rights. Therefore, the criminalization of these acts is based on a combination of civil and criminal law. Basically, the criminal case belongs to the society, so the public authority prosecutes the criminal on behalf of the society, but where the private aspect of the crime prevails over its public aspect, the victim plays an effective role in initiating a public lawsuit, because a private lawsuit whose purpose is to compensate for damages caused by criminal behavior, belongs to the victim and accordingly, the principle of disposition of civil litigants, is applicable in it, but in Regarding the function of this principle in criminal proceedings, we face two important situations; First, the necessity of its application, which seems inevitable, second, how to apply it in the criminal justice system, which faces structural ambiguities.This article aims to explain its concept and position in the structural arrangement of criminal proceedings and the mechanism that is created with analytical and descriptive method and based on substantive explanation and attention to the necessity, origin, and effects of the double rhythm of this fundamental principle of civil procedure https://jlr.sdil.ac.ir/article_195332.html The research aims to investigate and analyze the international financial structure and the initiatives adopted to reform it following the global financial crisis of 2008 and 2009. It acknowledges that despite a comprehensive set of international financial standards and the development of financial standards after the collapse of the Bretton Woods system that covered most areas of international financial law, the crisis highlighted the need for a comprehensive restructuring of the global financial framework. The research uses a descriptive-analytical method and the library method to collect information. This suggests that the study relies on existing literature, reports, and documents to gather data and analyze the international financial structure and the reforms implemented post-crisis. Using a descriptive-analytical approach, the research aims to understand the global financial structure and the specific innovations undertaken to reform it, shedding light on the changes and initiatives adopted to enhance the global financial system's resilience. This would involve examining the role of the G20 in guiding the restructuring process and enhanced governance of the IMF and FSF.As well as the key question addressed here is whether these reforms have succeeded in preventing or diminishing the impact of international financial crises, particularly in reducing systemic risk. The assessment concludes that revisions to international financial standards have been largely effective in averting or mitigating major crises thus far. https://jlr.sdil.ac.ir/article_198342.html In the legal system of Iran and New Zealand, several laws have been approved to protect workers. And this has caused the workers to get more support, in some cases, the employer fired the worker, and in other cases, the performance of the workers in the workshop units caused losses, and in the usual proceedings, it led to the dismissal of the worker. becomes In Iran's legal system, unjustified dismissal is one of the examples against the legislator's opinion, and in New Zealand's laws, which are derived from common law, the unfairness of the reason for dismissal will prevent the implementation of the employer's decision. In the current study, which is based on a descriptive analytical method with the aim of examining the law of dismissal of workers in the laws of Iran and New Zealand, it was concluded that dismissal is not clearly defined in any of the studied systems, while the only factor that causes If the worker receives a dismissal order from the employer or the competent authorities, it is subject to the performance outside the rules and the law of the worker, and if the dismissal takes place regardless of the above field, the worker will be fully supported by the legislator in two legal systems https://jlr.sdil.ac.ir/article_198667.html The legal system of the state of emergency involves creating a balance between the powers of the government and the restrictions on the rights and freedoms of citizens during the state of emergency. Based on the goal of limiting the authority of the government and its controllability, the main issue of this research is the use of some components in order to identify the state of emergency at the time of declaration and in the second step, extracting some principles as the legal requirements of the government at the time of applying the state of emergency. By using the method of analytical research and library study, if we want to identify the basic components, the concept of "political security" as one of the elements of public order is important, in such a way that if the structure of the government and the continued life of the government are threatened, "threat against organized life" occurs. The reasonableness of the administration's decision in declaring the state of emergency and the decisions of the emergency period, the continuous provision of public services and the realization of means by the government, the observance of the principle of non-discrimination, along with the guarantee of discrimination are to be complied. The benefit of vulnerable groups is one of the other principles of administrative law, the observance of which limits the authority of the government and supervises the application of restrictions on citizens during the emergency period. https://jlr.sdil.ac.ir/article_199840.html The meaning of acquired citizenship is that type of citizenship that is given to a person after birth, which can be achieved either forcibly or voluntarily. In the present study, the methods of acquiring citizenship in Iran and France and the challenges and gaps in acquiring acquired citizenship in the two mentioned countries have been discussed with the approach of the principles governing citizenship and existing laws in both countries. The results of the research show that the citizenship status of the children of Iranian women married to foreign men is ambiguous in the Iranian legal system, but this problem does not exist in the French legal system due to the transfer of citizenship to these children through the French mother. In the Iranian legal system, imposing the citizenship of a foreign woman In case of marrying an Iranian man, citizenship is given due to the unity of the family, but in France, the independence of the citizenship of the couple is established, dual citizenship is accepted in France, but the Iranian legal system is silent on this matter. Regarding the citizenship of adopted children and refugees and the applicant's language and cultural and social information, French laws are more complete than Iranian laws, but there is a gap in Iran's legal system regarding the mentioned cases. https://jlr.sdil.ac.ir/article_199993.html The purpose of this research is the place of peace and social security in the legal system of the social science curriculum of the first secondary school. This research was practical in terms of objectives and mixed (qualitative-quantitative) of exploratory type in terms of execution method. The statistical community in the qualitative section, including experts, according to the principle of theoretical saturation, 20 people were selected. The statistical population of the research in the quantitative part included all the first secondary teachers working in Shiraz in the academic year of 1401-1402 in the number of 450 people, of which 360 people were selected based on the Cochran formula. The data collection tools in the qualitative section were questionnaires and library resources. Data analysis in the current research and in the qualitative part was Delphi technique. In the quantitative part, Pearson's correlation method was used with Spss23 software and structural equation modeling (confirmatory factor analysis) using Lisrel-V 8.8 software. The results of the research showed that the components of the legal system model of social science curriculum in 5 dimensions and 16 components including dimensions; Logic and goals (3 components), learning content and activities (3 components), teacher's role and materials and resources (4 components), grouping and evaluation assessment (3 components), place and time (3 components). According to the difference of averages, which are positive values, the results of the validation of the model showed that the compatibility, comprehensibility, generalizability, https://jlr.sdil.ac.ir/article_202413.html The importance of the category of spiritual heritage in terms of its numerous effects, especially the need to preserve and strengthen social capital, has caused countries to pay special attention to this heritage in the light of international documents and Internal laws. The most important international document in this area, to which Iran has also joined, is the UNESCO International Convention on Intangible Heritage (2003). With this description and despite the fact that the protection of this heritage against its violations is justified and even necessary based on jurisprudential-legal foundations, in the internal laws of Iran one can find few regulations that recognize the aforementioned duty. The current research, by choosing the qualitative research method and conducting targeted interviews with experts in various legal fields, has sought to identify the most important challenges of protecting spiritual heritage in Iran. In this regard, the interviews were continued until the saturation of information and their analysis was done using the open and axial coding method. Finally, based on the findings, the lack of special provisions for the protection of spiritual heritage in particular, as well as the lack of a single and coordinated criminal policy in general, has caused the protection of this type of heritage to have no place in Iran's legal system. Therefore, the application of a coherent criminal policy, as well as the presentation of a desirable criminal model in order to protect this type of heritage, requires optimal policy making, the formulation of special laws or special regulations. https://jlr.sdil.ac.ir/article_204928.html In this research, it is claimed that the function of modern public law is to create a constitutional legal order in modern society. A society that is pluralistic in values, technically complex and socially discursive; The second is the locus of conflicts and contradictions; Third, these conflicts and contradictions are not unnecessary and temporary, but necessary and permanent, and they always manifest themselves in the form of sacred and secular, general and special, public and private, individual and society, absolute and relative, reason and experience, and finally is and out. Public law should establish and regulate the legal order by maintaining the balance between these conflicts and contradictions. With this attitude, the question was raised that how can public law, while maintaining its function, truly represent the society with all its richness and diversity? Any effort, if it is essentialist, substantive and therefore one-sided, will cause the failure of the constitutional order. Therefore, to answer this question, based on the ideas of Ernest Cassirer and within the framework of his philosophy of symbolic forms, we proposed the idea of public law as a symbolic form. This idea, by changing the naturalistic and essential attitude of Aristotle and adopting a relational and functional approach provides the possibility of a broader prespective of human beings as well as the expansion of human's perspective of himself and the cultural process involved in it; both in the here and now and also in the future. The present research method is descriptive and argumentative. https://jlr.sdil.ac.ir/article_205666.html The situation in Syria after the war is complex and multifaceted. The conflict in Syria has lasted for several years and has resulted in massive destruction and loss of life. The end of the war does not mean the end of the challenges facing the Syrian people. Post-conflict justice has become a growing concern, and the cases of Afghanistan and Iraq illustrate the importance and difficulties of trying to manage the outcomes of armed conflict constructively. Post-war rights (Jus Post Bellum) are a concept that includes the principles governing the consequences of conflict and efforts to stabilize these consequences. This concept guarantees the protection of human rights and the rule of law and provides the basis for creating a just and sustainable peace. The Security Council is responsible for maintaining international peace and security and plays a key role in resolving conflicts and preventing new conflicts. The present study aims to examine the role of the Security Council in the legislation of rights after the war. The research results show that one of the key functions of the Security Council is to facilitate the transition from conflict to peace, but the Council should include the obligations of Jus Post Bellum in its decisions more consciously and more widely, and it should continue to work towards greater accountability, transparency, and effectiveness in its actions to support the principles of Jus Post Bellum. https://jlr.sdil.ac.ir/article_208445.html This study, through a comparative analysis of two cases adjudicated in separate forums, both involving contractual relationships governed by Iranian law, examines the reciprocal influence between the governing law and the forum. The first case study reveals that despite the Iranian legal system's closer affiliation with civil law traditions, which typically emphasise discerning the parties' intentions in contract interpretation, the English court's understanding of Iranian principles of construction aligned more closely with the literal and objective approach characteristic of common law systems. In the second case, the absence of specific provisions in Iranian law regarding certain interpretative rules, such as the principle of good faith or the contra proferentem rule, prompted the arbitral tribunal to partially set aside Iranian law as the governing law and address certain aspects of the dispute based on Swiss law (the seat of arbitration). This research demonstrates that even fundamental principles of the governing law are not inviolable in international adjudications. Foreign courts or arbitral tribunals may select rules of construction based on their own legal traditions or intellectual frameworks, even when such approaches diverge from those of the governing law. In the context of Iranian principles of construction, the lack of explicit provisions on interpretative rules has aggravated this issue, resulting in misinterpretations of the governing law in some cases. This phenomenon illuminates the intricate interplay between governing law and forum in international dispute resolution, illustrating how the legal tradition of the forum can profoundly shape the application and interpretation of the governing law. https://jlr.sdil.ac.ir/article_208640.html On the other hand, the secret of republicanism and democracy stability is considering and granting of rights. The matter of right needs to be written first.Tourism should be taken into consideration as an important issue in the course of the overlapping of the political and Islamic economic system. Tourism is considered as a clean economy in economic, social and revenue areas in the world, because it has cultural, economic, commercial and political consequences. Unfortunately this important issue has been ignored in Iran and Iranian people are sometimes known as consuming tourists, instead of a complete host for this new industry over the boards. While there are different cultural, natural and historical attractions in Iran, Iran’s portion in this industry is very insignificant. The main principles of tourism need the recognition of law system in the base of Islamic thought which is specially connect to Islamic jurisprudence. On the subject of expanding the economic approach of the tourism, the religion and cultural issues should not be facing into challenge and in the matter of necessity, the role of time and geographic place and local customs should be considered important because of the prevention of stagnation of this new industry. In this approach, some sort of right and duty is provided to help the facilities of tourism industry be easily available for all the people. https://jlr.sdil.ac.ir/article_208963.html The expansion of the scope of the principle of exclusion of the decision to the stage of preliminary investigation has been one of the most important achievements of modern criminology and one of the bases of changing the legislator's attitude in articles 203 and 286 of the new criminal procedure law. the individualization of preliminary investigations, as a necessary principle and its manifestation in judicial decisions, requires tools, and the creation of a personality file is one of the most basic tools for criminal etiology. it is important to a personality file in the preliminary investigation because the investigating judge, considering the internal, physical, family and social components of the perpetrator, finds out the motivations and causes effective in the occurrence of the crime and issues the best decision according to the personality of the criminal. this research seeks to identify the challenges of using the personality file in preliminary research and its solutions. Therefore, this article, using the analytical-descriptive method and collecting the required information using library studies and relying on the cases in the criminal justice system of Iran, has attempted to enumerate the challenges in the judicial procedure of the prosecutor's office. the result of the research shows that the prosecution and investigation authorities are following the minimal use of the personality file with limitations, the main reasons for which are the attitude and culture that governs them, the lack of training and skills, the lack of proper infrastructure, and the lack of a specific time standard https://jlr.sdil.ac.ir/article_208965.html According to the law, the central bank has duties, the most important of which is to control of inflation and help economic growth. In order to achieve these goals, the central bank has Tools under the name of monetary policies that help the central bank in achieving the aforementioned goals by controlling the volume of money and liquidity.The independence of the central bank's actions and the lack of inspection and review of the bank's actions by other institutions, including the judiciary, guarantee the Success of the central bank in achieving the aforementioned goals.The involvement of the judiciary in the decisions of the central bank and the judicial supervision of the actions of this bank in order to determine the monetary policies cause the ineffectiveness of these policies.unfortunately, we have seen this many times due to the lack of transparency of the laws governing the independence of the central bank and the wide powers of judicial authorities in this article we discuss some of them https://jlr.sdil.ac.ir/article_209599.html The responsibility to protect as a new method of humanitarian interventions has been emphasized a lot by international institutions and international law experts in the last few years. This plan has many challenges in terms of concepts and implementation. In this way, in some semantic and conceptual aspects, the formation of this plan is incomplete or premature. These shortcomings are sometimes generalized and include the field of implementation. Of course, it goes without saying that sometimes the shortcomings originate from the structure of the international community, in which no channel for this plan can be seen. The purpose of this article is to examine these challenges. The method used in this regard is a combination of critical-applied analysis. Based on the findings of this research, we came to the conclusion that this plan cannot be the last solution considering the existing challenges unless the international community tries to solve them. Some of them can be solved if the institutions involved in international law perform their duties properly. Some others need to be reconsidered in order to fix the defects. According to the case and requirement, in each part, solutions have been tried to be presented while examining. https://jlr.sdil.ac.ir/article_209601.html The need to comply with the expediency of Directors in the management of company affairs is one of the important topics and worthy of attention in different legal systems, which has not been thoroughly and comprehensively examined in Iran's legal system.One of the important challenges in this regard is the scope of compliance of these materials by Directors which in this research is investigated in a comparative way and by relying on the analytical descriptive method in English law.Finally, it was concluded that;Directors of commercial companies must act in a way that they think will promote the success of the company in good faith for the benefit of all its members, and in order to do this in the Directing of the company, in addition to respecting the interests of the shareholders and the company itself, they must also respect the interests of other third parties that including employees, customers, suppliers, creditors,environment and society should also be taken into consideration. Compliance with these matters helps to promote social, environmental and governance goals and has a direct relationship with the corporate culture, which will ultimately lead to the promotion of the company's success.Therefore, a detailed investigation and the necessity of drafting and establishing comprehensive laws related to the necessity of complying with the expediency of managers in the management of company affairs and the detailed explanation of the scope and examples of this importance and the allocation of an independent title for it in the commercial law strongly felt. https://jlr.sdil.ac.ir/article_209738.html The law of the seas and international environmental law are two very important areas of international law with a common goal in the search to solve the oil problems of the ports, which have an inherent relationship in the seas. These two areas do not work separately and are complementary, but in practice we see it in international legislation and regulations in the international and regional convention that is done with this, which makes a work that is very much to be followed. Because following the rules of one field can be a violation of the rules of another field. And what is clear in the research, these two areas of the law of the seas and international law with the environmental environment, the study of oil in the seas can actually be complementary and may be in conflict, but what is important is the discussion of unity between these two areas and the protection of the commons. It is universal. https://jlr.sdil.ac.ir/article_209989.html The policies adopted by Israel during the conflict with Palestinian resistance groups since October 7, 2023, have placed the lives of thousands of people across various regions of the Gaza Strip at serious risk by disrupting access to essential life goods, resulting in hunger, thirst, and violations of physical and mental health. This is in clear defiance of international humanitarian law, which prohibits the use of starvation as a tactic of war. Article 8(b) of the Rome Statute and the Elements of Crimes encompass both direct and indirect means of imposing hunger, considering it as a form of "deprivation of civilians of essential goods for survival" during an armed conflict.This study, employing a descriptive-analytical method, demonstrates that the existing evidence regarding the imposed prohibitions and restrictions in the area including direct limitations on access to food and drinking water, and indirect disruptions to energy supplies & transport routes constitutes conditions leading to starvation in the framework of international humanitarian laws and the Rome Statute is a violation of international laws especially considering the order of 28 March 2024 of the ICJ (South Africa v. Israel), that requires the serious attention of human rights groups and international institutions. Addressing these issues is crucial for overcoming accusations of selective justice by these bodies in cases of human rights violations, ensuring the necessary safeguards to prevent selective enforcement, and addressing the legitimacy crisis faced by these institutions in achieving their objectives, particularly the International Criminal Court's role in effectively combating impunity. https://jlr.sdil.ac.ir/article_210068.html In the new chapter of technology development, the emergence of different models of artificial intelligence has affected many fields, Traditional or online methods of resolving commercial disputes, due to the expansion of electronic transactions and a large volume of documents, reduce the speed, accuracy and efficiency of evidence evaluation. The purpose of this research is to answer the question whether the use of artificial intelligence in the arbitration process has a basis and legal justification in the transnational rules or not. This research, with a descriptive-analytical approach, finally concludes that among the goals of establishing the New York Convention, the Icsid Rules, the UNCITRAL Model Arbitration Law, the arbitration laws of the United Kingdom and the United States facilitate the implementation of cross-border arbitration awards between countries. contracting and promoting international trade. Also, the purpose of establishing the other mentioned laws and regulations is to regulate the civil and commercial relations of individuals and facilitate affairs, so if artificial intelligence helps in realizing and improving these goals, there is no obstacle to not identifying artificial intelligence as a new method. Artificial intelligence as an independent tool or facilitator can play an effective role in the evaluation of evidence. The ethical and legal challenges of artificial intelligence, such as the lack of transparency, bias, discrimination and limited access to data, intensify the need for human supervision of the said process. Also, the establishment of laws and regulations in this field is of great importance due to the legislative gap. https://jlr.sdil.ac.ir/article_211341.html The right of access to a lawyer is one of the recognized human rights and one of the guarantees of the right to a fair trial. The main question of this article is what are the challenges of the right of access to a lawyer in international human rights and Iran's judicial system?And what are the consequences of limiting it in criminal proceedings?And on that basis, with a comparative study,in the position of answering these questions,it will come up with a descriptive and analytical method.According to the findings of the research,the mechanism of identifying and guaranteeing the right of access to a lawyer in the aforementioned legal systems,despite the similarities between them are different and do not have the same legal guarantees,and despite its recognition as one of the criteria of the right to a fair trial, the said right in International human rights are temporarily and repeatedly restricted in the normal laws of Iran's judicial system and are accompanied by numerous judicial challenges in order to access them,and on this basis,the legal challenges of the right to access to a lawyer in these systems It will limit it in criminal proceedings and by denying and limiting the voluntary choice of a lawyer, it will lead to the violation of the right to access to criminal justice and the unfairness of the proceedings,and the effective recognition and guarantee of the right to access to a lawyer will also be the basis for the realization of criminal justice and fair proceedings https://jlr.sdil.ac.ir/article_211536.html Considering the powers and privileges of tax authorities in determining taxes, the protection of privacy rights and the confidentiality of tax information is a significant issue. If competent authorities fail to respect these rights, it can lead to irreparable damage for taxpayers. Therefore, it is essential to establish laws and regulations to safeguard this matter. The legal framework of the European Union acknowledges this importance. However, in practice, the rights of taxpayers may still be compromised. To seek redress for their violated rights, individuals can refer their cases to the European Court of Human Rights. This article employs a descriptive-analytical approach and library research to examine the privacy of individuals and the principle of confidentiality of tax information in the case law of the European Court of Human Rights. It aims to explore whether European human rights law regards tax identification as an exception to privacy violations. The findings suggest that the Court's jurisprudence considers tax identification an exception to privacy rights and the confidentiality of tax information, interpreting the right to privacy while allowing for states' discretion. https://jlr.sdil.ac.ir/article_211900.html Candidate conditions in elections are one of the most key components in electoral systems. This article is prepared by relying on the comparative study method and has tried to compare the conditions of candidacy in the election law of 1925 and the election law of 2023. This research shows that these two laws are similar in terms of the quality-subjectivity of some conditions, the determination of certain religious and belief conditions, etc. These two laws are different in terms of being narrow or broad in relation to Muslimness, giving importance or not to the reproduction of the political system, etc. The conditions contained in the 1925 election law have advantages in terms of objectivity, being open to various political trends, etc. and in terms of the qualitative-subjectiveness of some of its clauses, they have shortcoming. The conditions contained in the 2023 election law have advantages in terms of the precise definition of the circle of those deprived of the right to be elected, attention to the criteria of knowledge and work experience, etc. and the determination of strict conditions for the reproduction of the established political system, they have shortcomings. The conclusion shows that the conditions of candidacy in the constitutional election law were considered progressive conditions compared to their era, and in general, they were superior to the current law in terms of limited qualitative-subjective conditions. https://jlr.sdil.ac.ir/article_211939.html There is still no consensus among experts about the nature of bank guarantee. Also, experts have not paid much attention to the effect of the beneficiary's death on the survival of the bank guarantee. Maybe they have considered this matter so obvious that they did not see the need to explain it But in some courts, there are still doubts about the impact of this death. It is certain Because of the colorful role of this legal entity in economic activities, that taking a decision at this time can be effective in the economic stability of the society and the amount of use of this legal institution. The present research, using the analytical descriptive method, aims to analyze the verdict issued by the 2nd branch of the Shiraz Law Court. In this document, the death of the beneficiary is an obstacle to the possibility of claiming the guarantee amount by his heirs , Even after the fulfillment of the demand conditions, it is considered But it seems that this view It was the result of not paying attention to the fundamentals of bank guarantees and the Sepam system and is not correct . Also, the court should pay attention to the scope of the directives issued by the Money and Credit Council. Therefore, it should be believed that despite the claim conditions, the heirs can claim the guarantee amount from the bank. https://jlr.sdil.ac.ir/article_212268.html Increasing the quantity and quality of commercial transactions significantly impacts the economic growth of nations. In the business world, contracts play a crucial role. Sometimes, even when one party breaches the contract, they may still be prepared to provide a proper and reasonable performance. At two extremes, a transaction can either be viewed as a battlefield or as a cooperative relationship. The latter perspective is more commonly held by those engaged in the business world. This view, by anticipating a right to cure for the breaching party, grants an opportunity to correct and provide compliant performance. This research aims to conduct a comparative study of the right to cure in the Principles of European Contract Law (PECL) and the United Nations Convention on Contracts for the International Sale of Goods (CISG), while also examining the stance of Iranian domestic law on this matter. This study is theoretical and follows a descriptive-analytical methodology. Necessary information was gathered through library research, including documents, books, and articles. Findings indicate that the right to cure is recognized in both legal systems, albeit with some differences. However, domestic Iranian law does not exhibit a unified approach, though it appears that there is sufficient basis for accepting this institution. https://jlr.sdil.ac.ir/article_212706.html The Rome Statute of the International Criminal Court (1998) confers jurisdiction over four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Analyzing the conduct of widespread and deliberate dissemination of pathogens (bioterrorism) in comparison with established elements of crimes against humanity reveals that, when such conduct targets a civilian population, it may constitute an “inhumane act” and thus qualify as a crime against humanity. The primary objective of this study is to assess the legal basis for classifying such conduct under the aforementioned criminal category and to examine the ICC’s jurisdiction over such acts. The research methodology involves a legal analysis of the material and mental elements of crimes against humanity as defined under Article 7 of the Rome Statute, comparing these elements with the characteristics of deliberate pathogen dissemination. Given the potential recurrence of global biological crises, such as the recent COVID-19 pandemic, this study underscores the necessity of establishing a robust and deterrent international criminal response. By aligning the deliberate and widespread dissemination of pathogens with the definition of a crime against humanity—whether under Article 7(1)(k) of the Rome Statute or its other relevant subparagraphs—it is concluded that the ICC has jurisdiction over such acts. Finally, the study advocates for enhancing international preventive mechanisms and considering the independent criminalization of bioterrorism within the Rome Statute as an effective measure to address these emerging threats. https://jlr.sdil.ac.ir/article_212712.html This article examines the abuse of position and job position and its effects on public trust, organizational efficiency and administrative health. By analyzing the causes and factors affecting this phenomenon, its negative consequences including financial incentives, lack of sufficient supervision, weakness in laws and regulations, decrease in public trust, increase in administrative corruption and decrease in productivity were identified. Also, preventive and punitive solutions such as training and culture building, strengthening transparency and accountability, and supporting whistleblowers were examined. The role of regulatory and judicial institutions in identifying and pursuing violations and comparing Iran's criminal policies with other countries was also noted. The comparison of criminal policies in Iran with other countries shows the differences and similarities in how to deal with abuse of office and job position. Finally, reform suggestions were made to improve laws and regulations to prevent similar abuses from occurring in the future. This research shows that by implementing comprehensive and effective policies, it is possible to significantly reduce this phenomenon and increase public trust in public and private institutions. Reviewing and amending laws and regulations related to abuse of office and job position, allocating more financial and human resources to regulatory and judicial institutions, increasing public awareness and promoting a culture of transparency and accountability, training and culture building, strengthening transparency and accountability, and supporting whistleblowers. It is one of the effective solutions to deal with abuse of position and job position. https://jlr.sdil.ac.ir/article_212819.html Over the past 20 years, online markets have grown into a powerful, innovative, and highly successful industry. Meanwhile, the trade in counterfeit goods has also surged. This issue has seen significant growth since 1980, impacting not only intellectual property owners but also posing serious risks to consumers, from financial losses to physical safety. Legislators have therefore implemented various criminal and civil measures to protect intellectual property owners. However, in addition to such punitive and corrective measures, preventive strategies are logically essential. This study seeks to answer several questions: What conventional and innovative methods and policies are adopted by countries and, consequently, by online markets to combat the spread of counterfeit goods? Do domestic online markets comply with the global standards of other online markets in counteracting counterfeit goods, and to what extent are these standards and countermeasures effective? Employing a theoretical and applied approach with a descriptive-analytical method based on library data and technical evidence, this research aims to assess the compliance and effectiveness of anti-counterfeit policies and practices within the industry. By analyzing website data and examining documentation, this study provides quantitative insights into policies and practices to combat counterfeit goods. https://jlr.sdil.ac.ir/article_213128.html Penal responses to the commission of a crime include two categories of punishment and non-punitive policies and measures, such as probation. Classic retributivism cannot justify probation due to its mere emphasis on punishment. Examining four readings of modern retributivism about the quality of justification of implementation of penal responses show that Some of them only serve to justification of punishment, not probation; Such as. If the crime has a specific victim and the condition of issuing a probation order is to compensate him/her for the losses, "obtaining of unfair advantage" (justification of punishment due to paying debt to the society) can justify the probation. Considering the necessity of confirming the past wrongdoing and the commitment not to repeat it and recognizing the rights of the victim, all of which imply blaming the criminal, the reading based on "Expressive function of punishment" can also justify the probation. From the perspective of utilitarianism, probation is justified because by carrying out care orders, one can achieve goals such as preventing the repetition of crimes, reducing the possibility of causing harm to others, treating the criminal, morally reforming her, and compensating the victims. https://jlr.sdil.ac.ir/article_213731.html Piercing the veil of the personality of a commercial company which is considered the most important trait of commercial companies can seem unreasonable. but, it should be noted that Piercing the veil is not always applicable. It seams، In cases where the governance principles of the company have been violated or the form of the company has been used in such a way that the implementation of the rule of limited liability is unjustified from an economic and social point of view and it makes it economically efficient to adhere to the exception. The signs of non-compliance with the principles of corporate governance and improper use of the company form, which are considered as criteria of Piercing the veil, including non-compliance with the principles governing the establishment of the company, the principles governing management, the principles governing auditing and inspection, neglecting formalities, establishing business operations with insufficient capital. Dependent on a dominant party and exercising control and fraud by the shareholders, indicates that the company is managed in a way that is incompatible with its characteristics and goals, which is to create an independent legal personality, with adequate capital and with its own specific subject. Therefore, this research, focusing on the approach of economic analysis of law and using the descriptive analytical method, tries to, assuming the fulfillment of the above criteria, abandoning the rule of limited liability, and consequently the responsible to know the partners and shareholders of the company, describe it economically efficient and effective. https://jlr.sdil.ac.ir/article_213857.html Existing research on peacebuilding in general and transitional justice in particular has focused mainly on political negotiations, security arrangements and development interventions. While these dimensions are undoubtedly important, they often neglect the emotional and psychological aspects that underlie many conflicts. Transitional justice, in turn, refers to the set of interventions that are carried out in societies in transition from conflict or repression to peace, democracy and reconciliation. These interventions aim to address the legacy of human rights violations, tell the truth, promote accountability and foster healing among affected communities. The fundamental question is how, in addition to legal and political mechanisms in transitional situations, this can be achieved. In response to this question, this article will examine the multifaceted role of artistic and cultural initiatives in establishing sustainable peace in post-conflict societies, examining their theoretical foundations and practical applications. It will examine the transformative potential of art as a central element in fostering empathy and healing psychological wounds. https://jlr.sdil.ac.ir/article_214571.html The issue of data ownership is prominent in discussions of property rights, especially in the future of the digital and the data-driven economy. Without sufficient understanding of the concept of ownership, there is a risk of misunderstanding conclusions in identifying ownership of data. In addition, the legal complexities of data rights, the need to promote a culture of data protection on the one hand, and the free flow of information, access, sharing and use of data on the other hand, affect the ownership of data. In the digital age, data ownership is an ambiguous concept that has made it challenging even for experts to correctly define it. A challenge that seems to be impossible or very difficult to answer explicitly yes or no. The solution is to understand the concept of ownership and its relationship to data. Therefore, this paper discusses analytically the concept of ownership and data ownership from the perspective of classical property rights, intellectual property and property rights in the economic area. The result of this study shows that, given the position that property rights has in the legal system, it can be used as a legal solution to protect data. This means, ownership with its own characteristics. https://jlr.sdil.ac.ir/article_214757.html The phenomenon of smuggling and its destructive impact on important matters such as legal production and trade, investment, employment, and the economic security of the country poses a significant threat; therefore, it is essential to address the prevention and combat of this issue with seriousness. On the other hand, with the increasing developments in various economic matters, new innovations, and the diversity in methods of committing smuggling of goods and currency, it is necessary to introduce innovations in the mechanisms for preventing and controlling this area to effectively respond to this major economic, social, and cultural threat. The critical issue in the present research is to investigate what steps have been taken in the 140‪1 amendment of the law on combating the smuggling of goods and currency regarding the prevention of smuggling. This research is descriptive-analytical in nature, and the data collection method is documentary-library based. In this study, by examining the 140‪1 amendment to the law on combating smuggling of goods and currency and related laws and theories, it has been found that prevention of smuggling of goods and currency in this article refers to the general concept of prevention, encompassing all proactive and reactive preventive measures, both criminal and non-criminal. Furthermore, the study will explore innovations in preventing smuggling of goods and currency in terms of preventive approaches (criminal and non-criminal), levels of prevention (primary, secondary, and tertiary), processes of prevention (passive and active), and temporal processes of prevention (short-term and long-term). https://jlr.sdil.ac.ir/article_215052.html An individual's psychological state significantly influences their environmental responses. Public law, given its political and legal nature, faces greater vulnerability than other legal branches. Considering the role of inner peace in developing individuals who serve in institutions and selecting those qualified for governance, we must address the necessity of establishing a new field in legal science: Public Law Psychology.This field examines psychological and legal aspects, along with the characteristics of both governing officials and employees in citizen-serving organizations. Inner peace in public law psychology, through education, reveals new pathways for evaluating the personalities of rulers, their governance methods, and subordinate institutions' use of power. Government personnel are trained to prevent power from undermining their internal moral foundation.Using analytical and descriptive methods, the author emphasizes that while individuals cannot control external events, they can monitor and guide their internal responses. Internalizing peace transforms individual autocracy into coherence, ultimately manifesting peace and unity in the external world. Public law psychology studies relationships, mental processes, behaviors, and reciprocal influences between psychology and public affairs, specifically governance, constitutional law, environmental law, and other public law branches like administrative law https://jlr.sdil.ac.ir/article_215086.html The sovereignty of people over their own destinies has been a fundamental concern of humanity throughout history. Various methods have been employed to achieve this goal, one of the most significant being the separation of powers, checks and balances and the distribution of authority among different political institutions. This principle ensures that different branches of government monitor one another and use legal mechanisms to prevent arbitrary actions by other branches.The question remains: can an extensive system of checks and balances achieve the ultimate goal of empowering people to govern their own destinies? In some cases, all branches of government may fall under the control of a single political party. This situation allows the ruling party to pass laws based solely on its own perspectives, without obstacles. At first glance, this may not seem problematic, as opposition parties could theoretically gain a majority in parliament and amend these laws. However, in practice, the checks and balances system complicates the process of reforming laws. Unless the opposing party secures a significant majority across all branches of government, it cannot effectively revise laws shaped by the ruling party’s agenda.Thus, while the concept of checks and balances is designed to prevent arbitrary governance, it can inadvertently hinder democratic reform. By making legislative change more difficult, it may lead to the dominance of a single political party’s will over the fate of all citizens, undermining the very principle of popular sovereignty it aims to protect. https://jlr.sdil.ac.ir/article_215120.html The need of today's societies for financial and credit services and products such as receiving deposits, granting loans, creating credit, paying, settling and transferring money is undeniable. Abuse of consumers in this area not only ends up to the detriment of consumers but also changes the economic system of society in large dimensions. violations of consumer rights in credit products, along with factors such as the lack of adequate supervision of such institutions and the economic policies of the United States government, led to the financial crisis. The establishment of the Consumer Financial Protection Bureau under the "Wall Street Reform and Consumer Protection Act" was one of the measures taken by the US government to protect consumer rights and prevent abuse by credit institutions in contracts such as mortgage lending. In the Iranian legal system, the Central Bank is responsible for rulemaking and supervising the monetary network. In addition, the Bank and some institutions such as the Discretionary Punishments Organization and the Competition Council also take measures in line with their duties to protect financial consumers. In this article, the background, basics, structure and authorities of the aforementioned Bureau in terms of consumer financial protection are examined in detail using a descriptive-analytical method, and then the authorities of consumer protection institutions in the Iranian legal system are compared and compared with the Consumer Financial Protection Bureau. The lack of a responsible entity with the main duty of protecting financial consumers, inefficiency and conflict of jurisdiction in domestic institutions are evident https://jlr.sdil.ac.ir/article_215793.html In the Islamic Republic of Iran, alongside the Islamic Consultative Assembly, there are other institutions with varying degrees of rule-making authority. superpower councils such as the Supreme National Security Council, the Supreme Cultural Revolution Council, the Supreme Cyberspace Council, and the Supreme Council for Economic Coordination of the Three Branches of Government are examples of such institutions. Given the fact that these superpower councils enact legal rules in the Iranian legal system, the issue of oversight over their decisions arises. This research, with a descriptive-analytical approach, seeks to answer the question of on what basis the oversight of the decisions of superpower councils can be justified. According to the findings of this study, the first basis for the necessity of monitoring the approvals of the superpower councilsis to ensure compliance with the principle of the rule of law and the hierarchy of legal norms, which, considering the position of the approvals of the superpower councilsin the hierarchy of norms in the Iranian legal system, proves the necessity of their compatibility and non-contradiction with the standards of Sharia, the Constitution, and the general policies of the system. The second basis is to ensure compliance with the principle of specialization, which is the same as the principle of incompetence in public law. In order to ensure that the superpower councilsdo not exceed their scope of competence and expertise through monitoring. The third and fourth basis are the implications of the principles of the Constitution and the general policies of the legislative system. https://jlr.sdil.ac.ir/article_216239.html The most important need of man for economic, social, cultural, etc. growth and prosperity and achieving worldly and otherworldly perfection and happiness is peace and tranquility. It is in the context of peaceful relations between individuals and societies that the ground for scientific advances is prepared to facilitate the lives of human beings. Avoiding conflict and violence and peacefully resolving disputes leads to the spiritual and moral excellence of man and makes him truly the best of creatures. Peaceful coexistence, as it is considered as a fundamental principle in the international legal system, also enjoys a unique position in the holy law of Islam. This analytical and library research, through a networked view of the rulings and rules of Islamic law and paying attention to the horizon and lofty goals that the holy law has considered for human life, seeks to explain the foundations of the jurisprudential rule of "peaceful coexistence" or "peaceful coexistence". And in light of that, it examines the issue of jihad. https://jlr.sdil.ac.ir/article_216632.html Since the 1980s, significant developments in the field of international trade relations have led to the emergence of innovative methods collectively referred to as "countertrade." These methods, designed to facilitate trade exchanges, reduce barriers to international transactions, and enhance economic cooperation, have gradually become one of the key tools in global trade relations. Countertrade, as one of the modern economic approaches, plays a crucial role in achieving macroeconomic objectives, such as increasing the flow of goods and services, improving trade balances, and strengthening cross-border collaboration. The legal and economic analysis of contractual countertrade methods requires an examination of the fundamental objectives underlying these approaches. These objectives include securing financial and technical resources, enhancing the productive capacities of nations, and facilitating access to global markets. The present study provides a comprehensive analysis of various countertrade methods and, while offering concise explanations of each, evaluates their strengths and weaknesses. Among the most significant of these methods are barter, counter-purchase agreements, buy-back arrangements, and offset trade. This research adopts an analytical approach to explore the legal and economic implications of these methods on sustainable economic development and international interactions. By employing real-world examples and documented data, the study aims to deliver a thorough and practical analysis of countertrade. The primary objective is to present a detailed and applicable examination of countertrade practices and to assess their role in advancing international economic cooperation. https://jlr.sdil.ac.ir/article_216931.html Commanders can be held criminally liable for the actions of their subordinates in two main ways: first, by failing to prevent a crime, and second, by neglecting to impose punishment on those subordinates. A significant challenge within this framework is the criminal liability of a successor commander for crimes committed by subordinates before they assumed command. In international criminal law, a successor commander is defined as someone who takes over command after a crime has been committed by subordinates, The question of a successor commander's criminal responsibility was notably discussed in the case of Hadžihasanović and Kubura, where judges expressed differing opinions. Some believed that a successor commander bears no responsibility for crimes committed by subordinates prior to their command. Conversely, others argued that the successor could be held accountable for failing to impose punishment. Ultimately, the Appeals Chamber ruled that Kubura was not criminally responsible for failing to punish crimes committed before he assumed command. Despite this ruling, the issue of successor commander liability remains ambiguous, with no established custom or regulation clearly defining responsibilities. Given the ongoing conflicts in the Middle East, the likelihood of this challenge arising is heightened, particularly in the International Criminal Court. This study aims to clarify the ambiguities surrounding the successor commander's responsibilities by identifying elements of the doctrine of superior criminal responsibility and comparing them with the actions of successor commanders. The findings indicate that successor commanders can be held criminally responsible in certain cases. https://jlr.sdil.ac.ir/article_216936.html One of the specialized fields of international law is international investment law, which has roots almost as old as public international law itself. The recent emergence of bilateral investment treaties has naturally led to the establishment of an investor-state dispute settlement system. The responsibility arising from such claims is closely linked to the Draft Articles on State Responsibility for Internationally Wrongful Acts (2001). This article aims to examine the position of investment tribunals concerning Article 4 of the Draft Articles on State Responsibility. To this end, the first section explores the general approach to interpreting Article 4, while the second section assesses whether investment arbitration tribunals’ approach aligns with this general interpretation. The study concludes that, despite the overall alignment of investment arbitration practice with general rules of international law, including the 2001 Draft Articles, investment arbitration does not complete compliance to the general interpretation of Article 4. The arbitration procedure concerning investor-state dispute settlement differs in its approach to conflation of attribution criteria for determining wrongful conduct, applying attribution rules in contractual liability (such as the umbrella clause), and using  public international law standards concerning international state responsibility instead of the governing law and also the application of attribution rules as supplementary norms which restricts the attribution of responsibility to the state, has introduced distinctions in this legal framework. https://jlr.sdil.ac.ir/article_217053.html According to Article 15 of the Protection and Improvement Law approved on 28/03/1974, environmentalists are considered special bailiffs of the judiciary, but compared to general bailiffs, they do not enjoy the necessary legal protections, especially in the area of using weapons.This issue is so noticeable that in 2010, the legislature passed the Law on Judicial and Insurance Protection of Protection Unit Officers in order to fill this gap. In addition to re-emphasizing that Environmental Protection Unit officers are bailiffs, it agreed to the use of weapons by these individuals within the scope of paragraphs"1", "2" and "3" of Article 3 of the Law on the Use of Weapons approved in 1373. The legislator's attention to criminal protection of environmentalists is not sufficient, and cases such as the use of weapons in environmental patrols, preventing the escape of illegal hunters or environmental crime criminals, the use of weapons in confrontation with smugglers, etc. are among the controversial challenges of this group of judicial officers due to the lack of sufficient protection in the field of criminal law for environmentalists.In this study, an attempt is made to examine the criminal protection of environmentalists in the Iranian legal system using a descriptive-analytical method and library resources, and in this regard, identify existing legal obstacles and challenges and provide solutions to overcome them.Expanding the powers of environmentalists in the use of weapons to the necessary arrangements for criminal proceedings and also enjoying legal assistance can be considered examples of criminal protection for environmentalists. https://jlr.sdil.ac.ir/article_217054.html When two or more people risk accepting contractual obligations, the first reasonable expectation that arises for them in accepting this risk is the adherence of the other party in establishing their line of behavior based on good faith. As the process of creating a contractual legal relationship continues from the time of initial negotiations to the discharge of the obligee, it is obligatory for the legislator and its executives to prevent the entry of bad faith of individuals in each of these contractual stages as much as possible. And in case of malicious interference by any of the contracting parties, based on the legal infrastructure provided in advance, by identifying the legal responsibility of the guilty person, compensate the losses caused to the victim. Of course, the great challenge that exists regarding some complex legal concepts, including contractual goodwill, is the lack of agreement among scholars in obtaining a comprehensive meaning and a single obstacle to them, a problem that has always made legislators hesitate in applying these legal concepts. Therefore, considering that the United States Unified Commercial Code (UCC), is the leader in the wide use of this legal concept and its impact on breach of contract, The present article, based on an analytical study and relying on a critical view of this law in its approach to the nature of contractual goodwill and its role in breach of contracts, https://jlr.sdil.ac.ir/article_218210.html Legislation in the field of clothing for citizens based on Shariah standards is an issue whose serious challenges cannot be denied due to factors such as the invasion of the western culture of clothing in Islamic societies. Shia jurists have different views about "Maklufin", "Placement" and "Limits" of Islam's Shariah cover, some of them are famous and others may be rare and unusual based on the first or second ruling. Based on this, it is possible to raise the question whether it is possible to legislate in the three areas of audience, places and limits of the requirement of Shariah covering, not based on popular and common jurisprudential views, but based on a rare but efficient and more operational jurisprudential view. A committed and pious jurist founded it? Using library studies and adopting a descriptive-analytical approach, the current research has come to the conclusion that in the current assumption, i.e. the existence of efficient fatwas and appropriate to the requirements and materials of the day, in the three mentioned areas, it can be documented to He proceeded to legislate without conflicting with the constitution (such as principles 4 and 72), even though the mentioned fatwa is rare and rare, and belongs to a single jurist. In the legal system of other Islamic countries, a similar approach to solving legal problems can be seen. https://jlr.sdil.ac.ir/article_218752.html AbstractIn today's world, artificial intelligence (AI) has introduced significant transformations across various scientific, social, and economic domains with its innovative capabilities. One of the critical areas where this technology has had—and will continue to have—a substantial impact is the field of health. This study aims to explore the impact of AI on international health law, emphasizing a future-oriented perspective. The research methodology is descriptive-analytical.The findings indicate that AI can be utilized in various fields, such as early disease diagnosis, personalized medicine, drug discovery and development, clinical decision-making, large-scale health data analysis, pattern identification, public health policymaking, and medical research. On the other hand, international health law seeks to leverage AI to improve diagnostic and treatment processes.However, the use of AI brings significant legal challenges, including the protection of personal data, transparency in algorithms, and the prevention of discrimination. Given the extensive impact of AI on International Health Law and human rights, there is a growing need for laws and regulations to properly govern and control this technology. https://jlr.sdil.ac.ir/article_219071.html AbstractThe purpose of the present research is identification and analysis the advantages of the “Nations convention on contracts for the international carriage of goods wholly or partly by sea” (approved in 2008), which will be examined and specified in comparison with other conventions. by processing the strengths of this convention based on legal principles in compliance with other maritime transport conventions, various aspects of its comprehensiveness will be revealed. among the advantages is that the aforementioned convention removed the previous restrictions on transport documents (especially binding to the bill of lading and issuing a transport document from a contracting state or unloading in a contracting state); and for the convention to be governed, it considered the connection of the contract in any way to one of the contracting states sufficient. it also covered electronic documents by idiomatic expression of the “Electronic transport record”. also in cases that a part of the transport is by sea and other part or parts is non-sea (land or air) , not just the sea transport part Rather, all parts of transportation are subject to the Convention. in addition, the term performing party has made it possible to extend the legal liability to the secondary carrier, workers, employees and all maritime transport operators https://jlr.sdil.ac.ir/article_219274.html The government's economic policies are the main reason for the prosperity of production and the creation of domestic employment. Establishing conditions of economic stability in the country will lead to increased economic growth and improved social welfare of the people. The aim of this research is to investigate the impact of economic policy on poverty and un of goods in the western border strip of the country. This research is among the qualitative methods that have used the ethnographic method. The statistical population of this research consists of the kolbars of the border city of Baneh. The selection of sample members was purposeful in the first stage and theoretical in the next stage until saturation was reached, which was achieved in 10 people. The main data collection tool in this research is in-depth interviews. After collecting data and analyzing the coding of the interviews, 32 phrases, 8 concepts, and 1 main category were extracted. In this study, the impact of economic policies on the combination of poverty, unemployment, and kolbari, leading to smuggling of goods in the country's border strip, will be analyzed in the form of a library. By examining human development indicators, an attempt is made to determine the human development index of the western border provinces of the country and ultimately to answer the important question of what effect poverty and unemployment, as variables in the government's economic policy, have on kolbari, leading to smuggling of goods in the western border strip of the country. https://jlr.sdil.ac.ir/article_219350.html The structure of international financial law is an inter-institutional framework in which the main actors are regulatory institutions. The international regulatory system comprises institutions specializing in setting agendas, such as the G20 and the Financial Stability Board, which operate at the core of the international financial system. It also includes institutions focused on setting standards, such as the Basel Committee, and in two specific areas: the Financial Action Task Force and the Global Forum on Transparency and Exchange of Information. And also, institutions that play a crucial role in overseeing the international financial system—most notably, the International Monetary Fund (IMF). Indeed, the three main actors in reforming the international financial architecture are the G20, the Financial Stability Board, and the International Monetary Fund (IMF).This study, using a descriptive-analytical method and library resources, seeks to examine and analyze the changes in global financial governance in response to the following question: Have the reforms led to an increase in the legitimacy of the new international financial structure and advancements in the implementation of international financial standards? The answer we reach is that the legitimacy, transparency, and accountability of the reformed international financial governance have increased. Moreover, due to the changes and efforts to ensure global adherence to international financial standards, the implementation of these standards has improved. However, it is crucial to note that the current state is far from the ideal and requires urgent and continuous innovations. https://jlr.sdil.ac.ir/article_219996.html The UNESCO Anti-Doping Convention (2005) as the only legally binding universal treaty in the field of anti-doping establishes obligations for states to ensure fair competition and protect the health of athletes. This study, through an analysis of the preamble and Article 1 of the UNESCO Anti-Doping Convention and the statements of international legal experts at the Conference of Parties, demonstrates that the objectives of this convention are defined in line with safeguarding the common interests of the international community, including combating doping, ensuring fair competition, and protecting human health. Furthermore, the provisions whose violation would undermine or refute the primary object and purpose of the convention have been identified. The findings of this study indicate that, despite the lack of a dispute resolution mechanism in the UNESCO Anti-Doping Convention, highlighting the significance of these obligations could encourage or expedite the inclusion of a provision for referring disputes to institutions such as the International Court of Justice (ICJ). Ultimately, this research argues that the obligations outlined in Articles 8, 14, and 16 of the UNESCO Anti-Doping Convention constitute obligations erga omnes partes. https://jlr.sdil.ac.ir/article_220504.html In this study, various legal and philosophical systems that have influenced women's rights are examined through the lens of theistic and material rationalities, with a particular emphasis on liberal propositions. In this context, women's rights in liberal societies are based on individual freedom, individualism, and gender equality—principles that are interpreted within the framework of humanistic and hedonistic values. In contrast, theistic rationality situates women's rights within a conceptual connection to the divine and moral system of Islam, which, while affirming individual autonomy, also emphasizes the regulation of social and familial relationships, balance in roles and responsibilities, and spiritual elevation. The research method employed in this study is analytical-descriptive. Material rationality, especially from the liberal perspective, underscores individual autonomy and hedonism, treating freedom and individual rights as foundational to women's rights. Theistic rationality, however, seeks to create a balance between individual rights and social and familial responsibilities. Material rationality, with its liberal propositions, lacks balanced and coherent responses to fundamental issues related to women's spiritual identity, social connectedness, and familial roles. Theistic rationality, due to its teleological foundation, value coherence, and its ability to integrate rights and responsibilities, offers a more balanced and sustainable model for realizing women's dignity and securing both individual and collective interests.The preference for theistic rationality is based on a comparative analysis of the conceptual structures and social functions of the two approaches, relying on criteria such as theoretical coherence, functional balance, and adaptability to the contemporary needs of women. https://jlr.sdil.ac.ir/article_221358.html This study examines the conditions and effects of partially performed obligations in domestic law and two international instruments (the 1980 CISG and the UNIDROIT Principles). An obligation may remain only partially fulfilled or circumstances may prevent continued performance. If partial performance is not accepted, the obligor must still fulfill the entire obligation. However, where partial performance can be accepted, the conditions under which it discharges the obligor’s responsibility must be clarified. This inquiry considers whether the obligation is divisible, the parties’ intentions, and the roles of both obligor and obligee. It also explores the consequences of incomplete performance in matters such as transfer of property, payment of money, or performing or refraining from specific acts. Employing a library-based and comparative method, the research analyzes the relevant provisions of the CISG and the UNIDROIT Principles. Findings indicate that acceptance or rejection of partial performance depends on the nature of the obligation, the parties’ agreement, and the circumstances of the contract. In some instances, partial performance may be accepted as satisfying a segment of the obligation, thereby releasing the obligor to that extent. This study seeks to clarify these conditions and offer practical solutions for judicial practice. As a fundamental comparative investigation using library-documentary sources, it aims to elucidate the legal status of “partially performed obligations” in domestic law alongside the two aforementioned international instruments. https://jlr.sdil.ac.ir/article_221888.html Under the ICSID Convention, the abstract treaty shopping or the option treaty has become one of the most controversial issues in the field of international investment arbitration. By shopping the treaty in some cases, the petitioners may be trying to use a bilateral treaty that is not covered by its privileges under normal conditions. In response to the key question of whether the act of shopping a treaty is an illegal act in nature and how the arbitration procedure has dealt with examples of shopping a treaty, the authors, using the library method and note-taking tools, have analyzed numerous cases in the territory International arbitration under the ICSID Convention. In this regard, the authors, while explaining the concept of treaty shopping and analyzing its inherent legitimacy, have examined the element of as an important requirement in cases related to treaty shopping, and have analyzed the different positions of arbitral tribunals in dealing with the phenomenon of treaty shopping from different aspects. The material presented in this research shows that, in all cases, the act of buying a contract by the arbitration courts, especially in situations where "the text of the bilateral contract", the action of the petitioner is considered permissible, is not considered as an illegal phenomenon and For this reason, the phenomenon of treaty selection should be analyzed and evaluated in accordance with the conditions of each case. https://jlr.sdil.ac.ir/article_221896.html AbstractDespite the rapid growth of health tourismthis industry faces serious legal andregulatory challenges. If these challengesare not addressed, they could posesignificant obstacles to the formation anddevelopment of medical tourism. Thisstudy, conducted using a descriptive-analytical method, aimed to examine thechallenges of health tourism in Iran's legalsystem. Based on the findings, the mostsignificant challenges in this regardinclude the weakness of the legalframework, the lack of specific guidelines,difficulties in issuing professionalaccreditation licenses, determiningjurisdiction and applicable law, issuingprofessional practice licenses, and healthinsurance issuesIn this context, it is necessary to resolve these legal challenges by aligning laws and regulations with international standards and accurately embedding the required standards within the legal texts The selection of medical tourism service centers depends on adherence to quality and safety standards. Subsequently, legal oversight is essential to ensure the implementation of laws and regulations adherence to standards, and maintaining patients' trust. Additionally, international insurance must adequately cover these services. https://jlr.sdil.ac.ir/article_221901.html Article 1170 of the Civil Code introduces the mother's remarriage as one of the obstacles to custody. Article 45 of the Family Protection Law, which states that the best interests of the child must be taken into account in all judicial and executive decisions, does not restrict the application of this article. Judicial practice is also organized based on this application. In this article, after analyzing and examining the best interests of the child, the jurisprudential foundations of this article, and examining the results of some research on the harms of separation of a child from his mother, we want to take a step towards proving that the best interests of the child require that the mother's remarriage alone should not be considered an obstacle to his custody. It is necessary to decide in each case, taking into account the family circumstances, the mental and psychological characteristics of each child, and the degree of the child's dependence on his parents, which parent is in the best interests of the child. Therefore, it is possible to use the capacity of government decrees issued based on the interests of Islam and Muslims to amend Article 1170 and make it subject to the need to observe the interests of the child. In this regard, the legislator can amend and supplement Article 45 of the Family Protection Law to reform its judicial practice in the enforcement capacity. https://jlr.sdil.ac.ir/article_221904.html The annexation of territory is one of the issues that is less discussed in international law . Therefore, countries both before and after the United Nations era sometimes had dreams of land expansion and development in mind, and even in the current century, such cases have been carried out in areas of Ukraine, northern Syria, and Palestinian lands. The question that is addressed in this research is whether the personality of the state of the annexed territory disappears with the annexation of the territory, or does the personality of that state continue to exist? , we will achieve this since forced and coercive annexation is prohibited in modern international law. Therefore, based on the principle of prohibition of resorting to force and the principle of the continuity of governments, it is not possible to assume the extinction of the legal personality of the government. However, regarding the legal annexation that is allowed under the circumstances, it can be considered that the personality of the annexed state is deteriorating in whole or in a part of the annexed territory. However, due to the fact that the recognition of legal and forced annexation in practice is faced with challenges in some cases, therefore, the cases must be examined on a case-by-case basis, including the example of the accession of the Baltic countries, which by examining it case-by-case, rules are extracted in this regard. https://jlr.sdil.ac.ir/article_221910.html Abstract In English law, there are two different ways to assessment of Gain-Based Damages. In a method known as the »Wrotham Park« measure, assessed by reference to the objective value of the benefit received by the defendant And courts determine the price that a reasonable person in the plaintiff's position might demand from the defendant at the time of breach of contract. But in another method, which is known as the Blake measure, a different approach is applied. In this measure, the amount of damages is assessed according to the objective and real benefit of the defendant. And the courts require the defendant to disgorge the actual net benefit received from the breach. In Iranian law, we can saeid There is no place for Gain-Based Damages, but in some rare cases, traces of for Gain-Based Damages approach can be found, each of which may correspond to one of the above two criteria. https://jlr.sdil.ac.ir/article_221920.html International law, as a set of rules governing the relations between states and international organizations, has generally been studied from the perspective of classical legal and political perspectives. However, examining and analyzing this field from a philosophical perspective, especially from the perspective of the existentialist school, is able to reveal new dimensions of its fundamental concepts such as responsibility, freedom, the crisis of meaning and identity. The philosophy of existentialism, which emphasizes individual freedom, moral responsibility, the authenticity of choice, the crisis of identity and the meaning of life, allows us to analyze traditional concepts of international law such as sovereignty, the international responsibility of states, human rights and the identity crises resulting from globalization in a new light. This article, using a descriptive-analytical method, examines and carefully evaluates the concepts and elements common between the philosophy of existentialism and international law, and while accurately describing the principles and concepts of both fields, analyzes the challenges and opportunities that arise from the intersection of these two perspectives. In this regard, the theoretical foundations of existentialism, including the philosophical views of thinkers such as Sartre, Camus, and Heidegger, are first referred to, and then these foundations are compared with key concepts in international law. The main goal of this article is to redefine key concepts such as sovereignty and state responsibility from a philosophical and ethical perspective, and to provide a deeper understanding of the responsibility of states for their international decisions and actions. https://jlr.sdil.ac.ir/article_222862.html The concept of sovereignty in the tradition of modern political thought has always maintained a foundational relationship with theological concepts. Carl Schmitt, through formulating the theory of secularization within the framework of political theology, made a serious effort to represent this fundamental relation between modern politics and Christian theology. Within this context, Thomas Hobbes—one of the founders of modern state theory—becomes the central target of Schmitt’s critique. According to Schmitt, Hobbes's strict division between the private and public spheres marks the starting point of a process that neutralizes and ultimately undermines absolute sovereign authority.This article offers a detailed examination of the relationship between miracle, the state of exception, and the place of faith in Hobbes’s theory, alongside Schmitt’s critical interpretation thereof. It argues that Schmitt, in his attempt to restore sovereign authority within the state of exception, seeks to reintroduce the intervening God into the realm of politics. The paper then turns to Giorgio Agamben’s theoretical framework and his fundamental critiques of Schmitt’s theory, showing how the notion of the state of exception—despite its seemingly critical stance—ultimately serves as a basis for establishing an exception-driven, unstable, and violent order in which political society is erased, and only bare life remains. https://jlr.sdil.ac.ir/article_222865.html **Abstract**The consumer of artificial intelligence is always exposed to harm and damage due to the unknown nature of this technology. Therefore, countries like Iran and the United States place the responsibility for damages on the producer to protect consumers, holding them accountable for producing a high-risk product concerning society and consumers. A significant question we will address in this article, written in a descriptive-analytical manner, is how American law, as one of the leading countries in AI technology, responds legally to consumer protection. The findings of this research indicate that there is no specific law regarding artificial intelligence in the United States. Instead, the country has applied specific rules based on product liability law and judicial precedents concerning artificial intelligence and consumer protection, all of which reflect the imposition of responsibility on producers to protect users. U.S. law has broadened the liability scope for producers due to the dangers posed by this product, holding producers accountable while considering the adherence to guidelines by the user. https://jlr.sdil.ac.ir/article_222869.html The traditional method of handling lawsuits, based on the principle of the actual existence of interest, has always been considered a satisfactory approach. However, this principle has not been able to meet individuals' needs. In fact, with the emergence of a new category of lawsuits that accept future interests and the necessity for measures to implement and support these claims, the inefficiency and rigidity of the legal system and consequently the litigation system have become more pronounced . It was on this basis that in some legal systems, including France and certain Arab countries, alongside the principle of actual interest for addressing disputes and applying this traditional rule, new types of lawsuits known as preventive claims emerged. These claims are not defined in Iranian law, but there are numerous instances that can be observed. In this research, by examining its various forms, we have reached a criterion whereby if an imminent harm is about to occur that would be difficult or impossible to remedy in the future, there is no choice but to accept the claim. Undoubtedly, identifying the foundations of preventive claims and studying the factors justifying their acceptance can help make Iranian laws more flexible and alleviate the rigidity of the judicial system. In this article, we aim to analyze and describe these claims while also investigating procedural handling and judicial approaches toward preventive claims. https://jlr.sdil.ac.ir/article_222921.html As in any modern legal system, the fundamental principles are founded on securing and enforcing rights of individuals and entities. In the context of trademark infringement, compensation for damages is recognized as an effective tool to protect intellectual property and encourage economic innovation. One significant approach in this regard is the award of nominal damages cases where, despite proving infringement, precise quantification of financial loss is difficult or impossible due to evidence. Although nominal damages is minimal, their award symbolically reinforces the responsibility of infringers and the obligation to respect legal rights. Actual damages, as direct compensation for financial losses, require the presentation of credible evidence and documentation; accurate assessment of such damages facilitates just restitution and the realization of justice. Additionally, punitive damages aim to penalize infringers and deter recurrence of wrongful conduct; these damages are typically imposed when infringement is accompanied by bad faith, fraud, or willful disregard of others’ rights. The integration of these three approaches provides a comprehensive and effective framework for determining damages arising from trademark infringement, thereby strengthening law enforcement and fostering transparency in the economic sphere. In Iran, the legal system primarily confines itself to actual damages; however, considering the existing complexities, it is necessary for the legislature to adopt a hybrid approach that combines traditional principles with contemporary legal innovations, thereby enabling the recognition of nominal damages as well. Such a measure could guarantee fair enforcement of the law and serve as an effective tool and deterrent against economic and legal abuses. https://jlr.sdil.ac.ir/article_224777.html Among the various types of obligations, personal obligations—those requiring performance exclusively by the obligor—hold a distinct place. These are obligations that cannot be delegated or fulfilled by a third party. In the Iranian legal system, despite the existence of certain specific provisions—such as the right to rescind or withhold performance in particular cases—there is still no comprehensive or coherent framework for the enforcement of such obligations.In contrast, the French legal system, through mechanisms such as astreinte, delay fines, and social restrictions, has sought to establish binding and effective instruments to ensure compliance with personal obligations.This study, through a comparative approach and analysis of statutory laws and judicial practice, examines the challenges and legal mechanisms employed in Iran and France for enforcing personal obligations. It underscores the need for legislative reform in Iran’s legal system to incorporate effective enforcement tools such as compulsory fines and limitations on social rights.The findings indicate that a combined application of financial and social mechanisms, while maintaining the principles of freedom of will and respect for the obligor’s personality, can enhance the efficacy of enforcement for this category of obligations. https://jlr.sdil.ac.ir/article_224971.html Referring to the criterion of "absolute reasonable and conventional human being" as if it was made only by looking at an adult man without skills, cannot be a correct indicator of inference in many cases of responsibility where differences and capabilities are seen in the middle of it. Guilt, as a result; be assumed to bear or negate the responsibility. In the meantime, it is necessary to pay attention to the differences and capabilities, and based on them, free the above criteria from this absolutism. An effective step has been taken regarding the necessity of a relative view in this regard: "responsibility for actions based on skill and knowledge" in English law. in that country; Regarding that particular type of responsibility and for inferring fault or negating it, focusing on the general criterion of "reasonable and conventional human being", the criterion of "reasonable skill and care" has been used, and based on this criterion; Anyone who does not have reasonable skills or does not show reasonable care of himself despite having such ability is considered responsible. To explain this criterion in the following article, the author has used the descriptive-normative research method and based on the judicial opinions issued in the English courts, the existence of the duty of care also; It describes reasonable skill and care. https://jlr.sdil.ac.ir/article_225082.html The right to privacy, as a fundamental human right, is acknowledged in legal systems and international human rights conventions and documents. The challenge of precisely defining privacy and establishing a substantive framework has led researchers and international bodies to prioritize practical implementation over abstract philosophical theorizing. This study aims to explore whether the right to privacy can be asserted as an independent right specifically for prisoners within the international human rights system, focusing particularly on the jurisprudence of the European Court of Human Rights. The research employs library and documentary methods, including content analysis of relevant texts and documents, alongside a comparative study of the European Court of Human Rights’ jurisprudence. Findings reveal that the right to privacy is regarded as a significant basis, either separately or combined with other fundamental principles, for assessing the legitimacy of executive and supervisory measures in circumstances involving prohibited acts and behaviors, along with respect for human dignity and the prohibition of torture and other cruel, inhuman, or degrading treatment. Contrary to common assumptions, the European Court treats prisoners’ privacy not as a subsidiary issue, but as a primary instrument in strengthening protective mechanisms for human dignity within the European legal system. This approach provides a balanced framework between the legitimate interests of the state in maintaining prison security and protecting the privacy rights of prisoners. In the future, courts are expected to emphasize the need for proportionate intervention in prisoners' privacy and impose stricter oversight and accountability mechanisms on surveillance actions. https://jlr.sdil.ac.ir/article_225594.html The threat caused by the ever-increasing growth of international cyber wars for international peace and security has made it inevitable to impose criminal restrictions related to the law of war on them. One of the guarantees of violating the laws of war is their international criminalization under the title of war crime. This is while the determination of the elements of war crimes in modern cyber wars is faced with some ambiguities. For this purpose, it is necessary to determine the necessary background element for the commission of a war crime, namely the occurrence of the use of force that creates a state of conflict in cyber wars. Accordingly, the main question of this research is what is the threshold for the realization of the use of cyber force? To answer this question, this article uses a descriptive-analytical method and collects data through library resources. First, two types of destructive and disruptive cyberattacks are identified. Second, the dominant approach to emphasizing the necessity of creating physical effects to realize the use of cyber force is critically analyzed. Finally, while proposing a specific severity threshold for the occurrence of the use of cyber force in each of its types, citing the articles of the Rome Statute, the necessity of adopting a dynamic interpretation by the International Criminal Court to include all types of cyber warfare is explained. https://jlr.sdil.ac.ir/article_225598.html The establishment of the modern judiciary in Iran, marked by the enactment of codified laws (from the 1910s onwards), represents a pivotal moment in the history of the country's judicial system. In Iran's traditional judiciary, the concept of defendants' rights was absent within the judicial framework. Due to the lack of clear procedural rules, government officials investigating crimes and customary and religious courts operated at their own discretion, often infringing upon the lives, property, and freedoms of defendants under government authority. With the modernization of the judicial system during the Pahlavi era, the country's judicial process underwent transformation, and defendants' rights gained attention and protection from the government in both procedural and structural dimensions. The findings of this research indicate that the judicial system's alignment with the broader trend of imitative development, efforts to abolish capitulations by improving defendants' rights, and ultimately the Pahlavi government's policy of bureaucratic expansion were the primary factors driving the evolution of the judicial system and the focus on defendants' rights during this period. https://jlr.sdil.ac.ir/article_225600.html The objective of this study is to identify and analyze the criminal offenses set forth in Article 60 of the Law of the Central Bank of the Islamic Republic of Iran (enacted 1402/2023) and to examine the legal, material, and psychological elements of these offenses. The main research question is: What specific criminal offenses does the aforementioned article define, and what are the constituent elements of each offense? The methodology is descriptive-analytical, utilizing library sources and a close examination of statutory texts to scrutinize the theoretical foundations of banking crimes and the role of Central Bank policymaking in Iran’s legal system. In this regard, an Intermediate approach to the definition of banking crimes has been adopted, and the conceptual framework of economic offenses and their impact on financial stability and public trust are analyzed. The findings indicate that the legislator, in Article 60, has criminalized acts including: “performing permanent or temporary work for supervised entities, or providing any services to them, and receiving remuneration from other sources during the period of prohibition by persons subject to Article 60”; “fraudulent cooperation or collusion with entities under the supervision of the Central Bank”; and “failure to declare financial relationships exceeding the statutory threshold by subjects of Article 60 of the Central Bank Law, as well as their spouses and children.” These criminal titles are designed to support monetary policy, enhance transparency, and prevent corruption, thus adopting a preventive approach to safeguarding the national banking system. https://jlr.sdil.ac.ir/article_226553.html The Stoic school, which is one of the oldest philosophical schools of the ancient Greek school system, has the idea of natural rights. The school of natural rights, which has long been one of the pioneers in the field of thought and philosophy, has various areas of ontology, anthropology, epistemology, sociology, and methodology, which can be interpreted as five philosophical principles. Based on these five principles, we reach the shape of any thought, including natural rights. In the field of law, in the discussion of the foundations of each school, it shows itself to have a legal effect. Natural rights, and in particular the Stoic school, are among these. International law, which is a product of modernity, has grown and evolved in the European intellectual and practical space, but because it claims to be global, it is forced to accept the plurality of ideas and bring them to the forefront. This seems difficult. Although the Stoic school originated in ancient Greece, it has transcendental and transcendental sayings. In this article, we will see how it manifests itself in a multitude of ideas and what effects it has had and has in the set of principles and rules of international law; therefore, in this article, we seek to trace these ideas of this school in the field of international law with respect to the five philosophical principles. In this regard, we have used the analytical-descriptive method. https://jlr.sdil.ac.ir/article_226586.html The objective of this study is to apply the policy-cycle model to the legal policy-making process in Iran and to elucidate its practical implications. Given that legal scholarship in Iran primarily focuses on the outputs of legal policy-making—namely laws and regulations—this study seeks to provide a systematic understanding of how legal policies are formulated. By articulating the policy cycle model and applying it to selected legal policies adopted in Iran, the research aims to offer a structured framework for analyzing the legal policy-making process and to extract practical implications for improving the quality of legal policy-making. This research adopts a qualitative methodology with a descriptive-analytical approach, relying on library-based sources, including official documents, laws, regulations, policy papers, and legislative appendices. The study employs process mapping as an exploratory framework to conceptualize the policy-making process. Within this article, the policy-cycle model is introduced, followed by a detailed explanation of the legal policy-making process in Iran. Furthermore, two case studies—one in the field of criminal justice policy and the other in civil procedure—are mapped and analyzed through the lens of the policy-cycle, offering preliminary process-based insights. These findings aim to lay the groundwork for future policy-oriented research. The results indicate that the discipline of public policy can play a significant role in enhancing legal policy-making by providing methodological tools for process analysis and thus contribute to the qualitative development of legal policies. https://jlr.sdil.ac.ir/article_226742.html The insurance contract, as one of the most important risk management tools, is based on the principle of good faith. This principle requires that the parties to the contract, especially the insured, provide complete and accurate information about the subject of insurance. Failure to provide complete information can have significant effects on the validity of the insurance contract. This article conducts a comparative study of the effect of failure to provide complete information on the validity of the insurance contract in Iranian and English law. In Iranian law, the obligation to provide information is regulated based on Article 190 of the Civil Code and Article 14 of the Insurance Law of 1316. In this system, the primary responsibility for providing information lies with the insured, and failure to provide complete information can lead to the cancellation of the contract. In English law, the obligation to provide information is regulated based on the principle of good faith and the Marine Insurance Act of 1906 and the Insurance Act of 2015. In this system, both the insured and the insurer are obliged to observe the principle of complete good faith, and the mere failure to disclose sufficient information is sufficient to cancel the contract. This comparative study shows that both legal systems emphasize the importance of the principle of good faith and the obligation to provide complete information, but there are differences in their approaches. In Iranian law, rescission of the contract requires proof of the insured’s fault, while in English law, https://jlr.sdil.ac.ir/article_226801.html The era following the establishment of the United Nations can be considered the era of consolidation of the international legal system. Along with institutions such as the International Law Commission, which is engaged in the formulation and development of general international law, this consistency can also be credited to institutions such as the United Nations Commission on International Trade Law (UNCITRAL). This legal institution, through the preparation of legislative and non-legislative documents, has played an effective role in establishing the legal infrastructure of international trade and has offered a modern, harmonized, and integrated system to the actors of international trade. This analytical article seeks to gain a better understanding of UNCITRAL's relationship with the concept of national interest. It achieves this by first defining and examining the components of national interests. Furthermore, the article analyzes the impact of UNCITRAL on security, economic, political and, international interests, ultimately exploring the works of this international institution in this context. The research findings show that the coherent legal system created by the efforts of UNCITRAL has a direct relationship with various dimensions of national interest, and the effective presence of UNCITRAL and the implementation of its documents will help to ensure national interests through the promotion of international trade. https://jlr.sdil.ac.ir/article_226805.html Human Rights Violations Leave Behind Diverse Victims Often GlanceWhat initially appears evident are the direct and immediate victims of human rights violations. However, it is abundantly clear that the circle of victims extends far beyond what is observable at the moment of violation. The bitter experience of war and decades-long sanctions has transformed numerous potential victims of unilateral economic sanctions into actual casualties. Government policies aimed at national administration and governance sometimes backfire, leading to their exclusion by the international community. Meanwhile, participation in the global economy underscores the role of coercion and force in international relations.This paper examines the conceptual evolution of victims of unilateral economic sanctions. It explores new categories of victims resulting from violations of fundamental rights, including threats to and violations of the right to life—such as the right to access adequate food and medicine, the right to live in a quality environment, and the reduction of forced migration rates. Additionally, the decline in foreign investment and damage to the tourism industry in sanctioned countries further corroborate the proposed hypothesis.The study employs a descriptive-analytical methodology, drawing upon the latest available sources in English and Persian, as well as practical case studies. https://jlr.sdil.ac.ir/article_226810.html AbstractAccountability is one of the characteristics of a responsible government. The dimensions of this principle include the set of public rights. But as far as administrative law and specifically administrative proceedings are concerned, in England, the mechanism of "judicial review" of administrative acts, despite its limitations, is an important way of holding the government accountable. "Judicial review" of administrative actions is a product of common law; It is a judicial initiative to ensure the legality of the decisions of the executive branch and public authorities. In fact, filing lawsuits before quasi-judicial authorities and "judicial review" lawsuits, which is the subject of this article, are mechanisms that exist in English common law to achieve administrative justice. "Judicial review" is specific to public law, and public interest obviously plays an important role in it, especially in the recognition and selection of judicial remedies by the court; including setting deadlines or imposing restrictions on oral evidence, and in most cases, the need to obtain permission to start proceedings. If these represent the "values" of public law, it should be said that they are all in the interest of the government and it is inconsistent with the principles that apply to the responsibility of the government in tort and contractual obligations. This article, in a descriptive way, seeks to describe these characteristics of "judicial review". https://jlr.sdil.ac.ir/article_227256.html with the expansion of digital tools and the emergence of a data-driven economy, the concept of “data ownership” has become one of the major challenges in technology law. The widespread presence of platforms, technology companies, and new business models has raised fundamental questions regarding the possibility, scope, and legitimacy of owning data. Meanwhile, the emergence of advanced technologies such as generative artificial intelligence has further highlighted the central role of data as a vital resource in the digital economy and sparked new debates concerning the rightful claimants to data ownership. This article seeks to provide an analytical framework for identifying the "data owner" by distinguishing between personal and non-personal data. Based on the degree of connection between the data and the data subject, it proposes a three-tier conceptual level: strongly-related, moderately-related, and weakly-related data. This categorization allows for a more precise analysis of the legitimacy of ownership claims over data.The article aims to provide a clearer conceptual picture of the "data owner" by examining the status of data owner in Iran, drawing on legal and economic perspectives, and leveraging the experience of the European Union —an understanding that can serve as a useful basis for future policymaking and legislation. In the absence of comprehensive data protection laws in Iran, this study may offer an initial perspective for analyzing the notion of data ownership within the domestic legal system and serve as a foundation for further applied research. https://jlr.sdil.ac.ir/article_227526.html AbstractThe identification and legal classification of lands, particularly the determination of "Mowat" (unused or dead) status, has always been one of the most critical issues in the conflict between public interests and private ownership rights. In the Iranian legal system, the Commission under Article 12 of the Urban Land Law is the competent and authorized authority responsible for determining and declaring the legal status of lands. Its decisions entail direct and sometimes irreversible legal consequences for individuals and legal entities. Therefore, safeguarding the legal standing of this Commission, while simultaneously adopting measures to protect the legitimate rights of individuals during the decision-making process, is an undeniable necessity. In several legal systems, such as those of France, Turkey, and Egypt, various mechanisms and safeguards have been established to ensure fairness in land classification and to prevent the infringement of ownership rights. This research, while emphasizing the inherent and indisputable jurisdiction of the Article 12 Commission, aims to propose comparative solutions to strengthen the protection of ownership rights throughout the decision-making process. As a result, more accurate and equitable land assessments will be promoted. https://jlr.sdil.ac.ir/article_227527.html The enforcement of international commercial arbitral awards against states faces a significant challenge: many states invoke sovereign immunity to resist execution, potentially rendering the arbitration process ineffective. This research conducts a comparative study between the legal systems of England and Iran, focusing on how each jurisdiction addresses the tension between state immunity and the enforcement of arbitral awards. The study utilizes a library-based methodology, supported by fieldwork involving the collection and analysis of relevant court judgments. The central question explored is how each legal system, within its legislative and institutional framework, responds to state immunity claims at the enforcement stage and whether a proper balance is struck between the principle of state sovereignty and the functional requirements of international arbitration. The findings suggest that the English legal system, through the State Immunity Act 1978, has developed a coherent and arbitration-friendly structure. It clearly distinguishes between jurisdictional immunity and enforcement immunity, a distinction consistently applied in judicial practice. Conversely, the Iranian legal system lacks a dedicated legal framework for state immunity and instead relies on general principles and scattered precedents, leading to ambiguity and legal uncertainty. This undermines the predictability of outcomes in enforcement proceedings involving states. The article concludes by recommending that Iran undertake substantive legal reforms to clarify and restrict the scope of state immunity, especially in relation to the enforcement of arbitral awards. Such reforms are essential for enhancing Iran’s reliability and attractiveness as a jurisdiction in the field of international commercial arbitration. https://jlr.sdil.ac.ir/article_227870.html After revising Article 175 of the Constitution and centralizing the management of the IRIB by eliminating the institution of the Supervisory Council, the constitutional legislator established the Supervisory Council, consisting of representatives of the three branches, as the exclusive supervisor of the IRIB due to the extent of the media's influence on the performance of the system's branches. However, with the approval of the law on the Supervisory Council and the assignment of the duties of the General Inspectorate to this council, the question arises as to how and with what documentation the inspection organization can supervise the performance of the IRIB, and in the event of a dispute arising as a result of the supervision of these two institutions, which opinion is more preferable? In fact, with the approval of the law on the implementation of Article 175 of the Constitution in the supervision section as a later law, the assumption of dual supervision for the IRIB is ruled out. This is because the laws related to both institutions have equal validity and it cannot be concluded from the lack of sufficient guarantees for the implementation of the opinions and decisions of the Supervisory Council that the General Inspectorate is the main supervisory institution and the IRIB Supervisory Council is envisaged as dual supervision. https://jlr.sdil.ac.ir/article_227873.html The rise in economic crimes within private companies has created complex legal and structural challenges, particularly in a context where privatization, the expansion of financial markets, and diversification of investments are accelerating. This study aims to identify the legal and institutional barriers to preventing economic crimes in private companies and seeks to propose a comprehensive model to combat such offenses.In this regard, the research distinguishes between corporate crime and economic crime, emphasizing that economic crimes are primarily driven by the pursuit of financial gain through the misuse of privileged positions and information.The study categorizes preventive measures into two main groups: social and situational. Social measures include raising stakeholder awareness, promoting corporate social responsibility (CSR), supporting minority shareholders and whistleblowers; situational measures include financial transparency, establishing independent audit systems, and enforcing principles of corporate governance. Additionally, the adoption of dual-layer governance structures and modern technologies is recommended to enhance oversight and reduce opportunities for criminal behavior.Based on the crime triangle (opportunity, motivation, rationalization) and the prevention triangle (increasing detection risk, reducing gain, eliminating justification), the proposed integrated model offers an innovative framework for effective prevention in public, private, and semi-public enterprises. By emphasizing legal reforms, inter-institutional cooperation, and institutional accountability, this model represents a significant step toward building resilient structures against economic crimes. https://jlr.sdil.ac.ir/article_228279.html Combating doping in sports requires an institutionalized, independent structure aligned with international standards. National Anti-Doping Organizations (NADOs) play a key role in implementing the provisions of the World Anti-Doping Code. This article adopts a comparative approach to examine the structure, duties, institutional independence, and efficiency of two NADOs: the French Anti-Doping Agency (AFLD) and the National Anti-Doping Organization of Iran. Specifically, the study focuses on transparency, independence, and financial resources of these organizations, analyzing their strengths and challenges. Findings indicate that the AFLD, benefiting from institutional independence, stable funding, and extensive international engagement, is recognized as a successful global model. It has effectively leveraged its international capabilities and functions as an independent and effective body in the fight against doping. In contrast, the Iranian NADO, despite making progress in education, testing, and regional cooperation, faces challenges in fulfilling its international obligations due to structural dependence on the government, limited resources, and lack of transparency. The absence of financial and managerial independence has significantly hindered its effectiveness. This article, through a comparative analysis, emphasizes the need for structural reforms, increased funding, and enhanced institutional independence in NADOs to better meet the challenges of global anti-doping efforts. https://jlr.sdil.ac.ir/article_228662.html Ownership in legal systems, in addition to conferring rights upon the owner, is invariably accompanied by obligations toward community. Some scholars argue that ownership inherently binds the individual to respect the rights of the community. From this perspective, ownership is not an absolute right; rather, one of its primary functions is the fulfillment of social obligations. Such obligations have manifested themselves in areas such as neighborhood rights, urban planning and land regulations, expropriation of land by the state, intellectual property, environmental protection, and the preservation of historical and cultural heritage, and they continue to expand steadily.The fundamental question, however, is what justifies these social obligations and on what grounds they rest. Legal scholars generally identify three principal foundations: public interest, the social contract, and human flourishing. Adopting a critical approach and relying on library-based research, this study analyzes the theoretical foundations of these social obligations and examines their compatibility with the Iranian legal system. The ultimate aim is to determine the basis upon which social obligations of ownership in Iranian law are established and to identify which of the existing foundations most closely align with it.The findings indicate that the Iranian legal system has adopted a hybrid approach: on the one hand, it emphasizes public interest and collective welfare by highlighting the role of public utility, and on the other, drawing upon Islamic thought, it accords value to human flourishing and perceives the institution of ownership as a means of enhancing human capabilities and potentials. https://jlr.sdil.ac.ir/article_228873.html The necessity of establishing international justice is one of the most important guarantees of human rights. Considering the main mission of international criminal law in establishing peace and security, in addition to the universal jurisdiction as a principle in combating impunity, the principle of universal civil jurisdiction can be proposed as a principle in combating the immunity of victims of human rights violations.In applying the principle of universal jurisdiction, national courts act as international organs, and by applying these principles, the transcendent values of the international community and the duty of states to prosecute and to compensate victims, under customary international law, are preserved.In the context of the traditional concept of sovereignty, the application of the principle of universal civil jurisdiction can lead to jurisdictional conflicts and interference in the internal affairs of states. However, In light of the change in the concept of sovereignty as responsibility, the general duty of states to prosecute human rights violations and international crimes is supported through the doctrine of the responsibility to protect.This study, using a descriptive- analytical method, seeks to answer the question of "how the development of universal civil jurisdiction in promoting justice against international crimes is possible through strengthening the mechanisms of the responsibility to protect?" to examine the possibility of combining the sovereignty of states, state immunity, and the need to compensate victims of human rights violations in light of the recognition of the principle of universal civil jurisdiction, in parallel with universal criminal jurisdiction. https://jlr.sdil.ac.ir/article_229017.html In Article 423 of the Commercial Law, . Article 557 considers all contracts concluded after the date of termination of the trader to be invalid. The phrase "all contracts after the date of suspension..." apparently caused any contract concluded by the merchant after the suspension to be subject to the general ruling of this nullity. Among these contracts, the sale contract is doubtful. the sale contract is not harmful and is not subject to the provisions of Article 423 and its clauses, and on the other hand, it is subject to the general provisions of Article 557. In order to study the status of the sale contract concluded during the doubtful period, in this research, the subject was addressed by studying the sources of Iranian law through analytical-descriptive method. Based on the results of that, the sale contract made during the doubtful period, although it is dubious, is usually not harmful and does not fall under the clauses of Article 423. the general ruling of annulment mentioned in Article 557includes and invalidates the sale contract of doubtful period if this contract was made as a result of misdemeanor or crime. If the contract of sale concluded during the suspicious period is not subject to the general sentence of Article 557 . As a result, the principle of validity of contracts, which governs the legal actions of the businessman until the issuance of the bankruptcy judgment, governs the sales contract made during the doubtful period, https://jlr.sdil.ac.ir/article_229249.html Given the global movement towards “Central Bank Digital Currencies” and the introduction of the “National Cryptocurrency” project in Iran, this research aims to investigate and analyze this emerging phenomenon legally. The article explains the legal nature of Cryptocurrency within the framework of the Iranian legal system and examines its fundamental effects and challenges on the monetary, banking, and citizens’ rights systems. Method: This research analyzes the subject using a descriptive-analytical method and using library resources, laws and regulations, and technical-legal reports from national and international institutions. Findings: The results show that Cryptocurrency is a new legal phenomenon that, in its nature, is considered a “direct debt of the Central Bank” to citizens, and its nature is fundamentally different from common electronic money and private crypto currencies. Its identification as “legal money” requires the legislator to clarify. While potentially strengthening monetary policy instruments, the implementation of this plan also poses profound challenges, including the risk of a “digital bank run” for the stability of the banking system, the risk of creating a “financial panopticon” and violating privacy, and ambiguity in the rules governing civil liability and property rights. The final conclusion is that the successful implementation of the cryptocurrency requires, above all, the creation of a legal roadmap and the adoption of infrastructure laws, especially a comprehensive data protection law. https://jlr.sdil.ac.ir/article_229255.html With the expansion of digital technologies and the increasing presence of children in cyberspace, new forms of harm such as online grooming, cyber sexual exploitation, and digital bullying have emerged—forms that transcend traditional frameworks of criminalization. Within this context, the Iranian legal and jurisprudential system faces gaps in legislation, interpretation, and enforcement, which challenge its ability to respond effectively to such threats. This study aims to address this knowledge gap by examining the jurisprudential and legal foundations for criminalizing the cyber abuse of children. Employing a descriptive-analytical methodology, the research draws upon sources from Shi’a jurisprudence (fiqh), Iranian statutory laws, and relevant international instruments. Data were collected through content analysis of legal texts, jurisprudential doctrines, and case law. Findings reveal that although regulations such as the “Law on the Protection of Children and Adolescents” (2020) and the “Computer Crimes Act” (2009) address some instances of cyber abuse, their fragmentation and inconsistency hinder comprehensive child protection. Jurisprudentially, principles such as preservation of social order (ḥifẓ al-niẓām), guiding the ignorant (irshād al-jāhil), and promotion of virtue (amr bi-l-maʿrūf) offer adaptability to emerging challenges, yet require renewed interpretation and application. The article concludes that the development of a cohesive, localized model aligned with international obligations is essential for effective prevention, protection, and prosecution. The scholarly implication is that integrating Islamic legal principles with the realities of digital space can offer a robust theoretical foundation for enhancing child protection mechanisms in Iran. https://jlr.sdil.ac.ir/article_229261.html Organizational violence against women is a complex and multifaceted phenomenon that challenges job security and justice in the workplace by reproducing individual and organizational harms. Purely reactive and ex-post strategies (such as penal sanctions or disciplinary measures) are deemed insufficient for fundamentally curbing this issue. Therefore, "prevention" emerges as a proactive and dynamic strategy to identify and neutralize the facilitating grounds for violence before its occurrence. The main issue of this research is to explain and comprehensively analyze strategies for preventing organizational violence against women, focusing on two complementary and synergistic approaches: first, social approaches that emphasize fundamental reform and transformation of organizational culture and professional relationships based on gender justice; and second, situational interventions that aim to reduce criminal opportunities by designing safe working environments to prevent the occurrence of violence. This research seeks to examine how to optimally combine these two approaches to achieve maximum effectiveness in preventing violence against women. The findings indicate that the effectiveness of preventing organizational violence against women requires the simultaneous and systematic implementation of both approaches. Social approaches, by focusing on empowering women, enhancing organizational culture, and promoting gender justice, address the soft causes of violence. Situational interventions, through tools such as designing safe physical and virtual environments, establishing clear reporting guidelines, and providing immediate victim support, create practical barriers against the occurrence of violence. This strategic integration leads to the creation of safer and more just working environments and and prevents the cycle of violence. https://jlr.sdil.ac.ir/article_229923.html In all countries the need of legal experts is accepted. Countries have passed specific laws in this field. This research, with analytical-descriptive method, seeks to find the answer of how the judicial experts system is regulated in the Roman and Common law legal systems? Comparative studies shows that the median line of the judicial experts system in the world is the traditions accepted in the two great Roman and Common Law. In this research, we are trying to analyze the judicial experts in these two legal system and then analyzing them. In the Roman law the expert is considered as the judge's assistant, and all aspects of judicial experts are regulated in the most extensive form by the state. The existence of a specific list of experts and the role of judges in referring to experts can be considered the most important components of the expert system in these countries. In contrast, in the common law system, according to the tradition of the sitting judge, regulation is done in a minimal way. Respecting the comparative findings, the judicial expert system in Iran is facing a duality. Theoroticaly like Common law, but the relevant laws indicate the acceptance of Roman traditions. https://jlr.sdil.ac.ir/article_230083.html Electronic government is the result of the development of information and communication technology and entering the field of social relations. Expanding the realm of legal relations between individuals and governments in a novel context is an undeniable consequence of this evolution. The novelty of this issue and its reality in the legal and political context of the society on the one hand and the necessity of observing human rights and citizenship rights on the other hand require the importance of study and research in this field. Therefore, in this field, we are faced with two basic categories: one is the structure of the electronic government and the systems based on it, and the other is the need to observe and respect the rights of citizens as the constituents of the social system. Understanding the process requires a relative mastery of two categories, and each category has certain ambiguities and questions. The present article by combining the above two categories, is faced with the following fundamental question: As members of society, what position, rights, and duties do citizens have in the process of e-government? https://jlr.sdil.ac.ir/article_230215.html With the expansion of international anti-doping regulations, the adjudication of doping-related violations has gained central importance before the Court of Arbitration for Sport (CAS). This paper examines the typology of evidence in CAS proceedings, with a particular focus on doping cases. As the leading global forum for resolving sports disputes, CAS has played a significant role in shaping the legal framework for combating doping in sport.Using a descriptive-analytical method, this study analyzes the legal standards applied by CAS in assessing evidence and classifies the main types of evidence relied upon in doping-related disputes. These include laboratory results, Athlete Biological Passports (ABPs), expert testimony, and scientific reports. Due to the scientific and technical nature of these cases, the evidentiary process in doping disputes differs from other types of sports-related conflicts.One distinctive feature is the application of the strict liability principle, under which the mere presence of a prohibited substance in an athlete's body constitutes a violation, regardless of intent or negligence. This principle shifts the evidentiary burden and has significant implications for how doping cases are adjudicated.In conclusion, the paper offers recommendations to strengthen procedural fairness and enhance the evidentiary framework in CAS doping proceedings. By focusing on an underexplored area in Persian-language legal scholarship, this research provides a clearer understanding of evidentiary practices in CAS and highlights their potential to inform future legal and institutional reforms in international sports law. https://jlr.sdil.ac.ir/article_230381.html Despite the broad legislative and supervisory authorities vested in Islamic City Councils within Iran’s public law framework, their civil liability remains conceptually ambiguous and legally underdeveloped. Existing literature on the liability of public institutions predominantly focuses on governmental and municipal bodies, often neglecting the unique legal status of city councils or addressing it in a fragmented, non-systematic manner. This article adopts an analytical-critical approach, drawing on principles of legal philosophy, distributive justice, the rule of law, and risk-based liability, to elucidate the theoretical and normative foundations for imposing civil liability on Islamic City Councils. By conducting a comparative analysis of conflicting judicial decisions from the Administrative Justice Court, General Courts, and the Supreme Court of Iran, the study reveals significant fragmentation in judicial reasoning, inconsistencies in identifying competent forums, and structural weaknesses in distinguishing between sovereign and managerial functions. The findings underscore the necessity of legislative reform, the enhancement of institutional accountability, the recognition of strict liability for certain council actions, and the facilitation of causal proof for claimants. This research contributes to the doctrinal development of council liability, advocating a recalibration of the legal framework to strengthen civic protection and promote equitable redress in the face of injurious or unlawful collective decisions made by local councils. https://jlr.sdil.ac.ir/article_230624.html Criminal procedure must be coherent and integrated; in the sense that all stages of the criminal process from the crime detection stage to the post-criminal stage must deal with criminal claims in accordance with a single law and rule. Nevertheless, today, under the influence of the achievements of other branches of criminal science, especially criminal policy, a discourse of divisive criminal policy has been proposed, which has caused the overall coherence of criminal procedure to be adjusted and move towards relativity. Thus, all countries in the world, regardless of their ideology and prevailing political system, accept that in the face of some crimes, such as juvenile delinquency or terrorist and security crimes, one must distance oneself from the public justice system and chart a different path; However, this different path in the context of differentiated criminal procedure should not be applied in a way that distorts human rights standards on the one hand and the rights of the three parties to the criminal process on the other. Accordingly, this article examines how theIranian criminal justice system, in the name of responding to crimes and implementing differentiated criminalpolicy, has taken a path that sometimes ignores human rights principles and standards and even violates themin some cases. This is while the criminal procedure discourse in all countries uses differentiation in a positive and conventional direction, making minimal use of it, and placing the principle onpublic justice;Anissuethat Iran's criminal policymakers have moved against, and which has consequencessuch asthecollapse of a fairandjustjudicialsystemandgrossviolation of humanrights. https://jlr.sdil.ac.ir/article_231049.html In international responsibility law, the interplay between "coercion" and "shared responsibility" has grown complex due to the emergence of novel power dynamics and multifaceted harms. This article seeks to dissect the foundations of these two institutions and examine how coercion impacts the structure of shared responsibility within the framework of the 2001 International Law Commission Articles and the Guiding Principles on Shared Responsibility. The primary aim is to propose a theoretical framework for attribution of responsibility in scenarios where international actors are subjected to asymmetric pressures. The main question is how coercion has transformed the structure of shared responsibility in contemporary case law, and what doctrinal reforms are essential to address accountability gaps in domains such as migration, the environment? The findings reveal that, although international tribunals frequently employ alternative criteria such as "effective control" to operationalize the concept of coercion, its explicit incorporation into the guiding principles fosters a more equitable framework. Analysis of cases like Hirsi Jamaa, Chagos, and Georgia v. Russia illustrates that an exclusive emphasis on operational control, without considering the causal chain of coercion, leads to incomplete attribution of responsibility and inequitable compensation for harms. Consequently, this article introduces a novel framework of "Coercive Causation" across three levels—direct, normative, and composite—and recommends grading the weight of coercion in the allocation of shared responsibility. This approach not only heightens the accountability of coercive states but also prevents coercion from serving as a shield for the powerful while ensuring victims' access to effective remedies. https://jlr.sdil.ac.ir/article_231506.html Recent environmental developments have confronted the international legal order with new imperatives. Challenges such as climate change, biodiversity loss, transboundary pollution, and the management of hazardous wastes demand coordinated and flexible regulation. In this context, soft law—a set of non-binding principles and guidelines—has played a crucial role in shaping international norms. By fostering political consensus and reducing negotiation costs among states, soft law facilitates the drafting of binding treaties and the gradual development of international environmental law. The United Nations Environment Programme (UNEP), established after the 1972 Stockholm Conference, occupies a central position in this process. Acting as the coordinating body for environmental action within the UN system, UNEP prepares draft instruments, publishes guidelines, and convenes expert groups, thereby laying the groundwork for international agreements. Examples such as the Barcelona Convention, the Vienna Convention and Montreal Protocol on the ozone layer, the Basel Convention on hazardous wastes, and the UN Framework Convention on Climate Change illustrate UNEP’s impact. These instruments often begin as non-binding principles and, after consensus-building, evolve into binding agreements. The findings of this study show that soft law, particularly in international environmental law, is not merely complementary to hard law but a prerequisite for its development. By mediating between science, policy, and law, UNEP has facilitated the transition from non-binding norms to binding obligations, placing international environmental law on an evolutionary trajectory and offering a model for other fields where staged consensus-building can pave the way for enforceable rules. https://jlr.sdil.ac.ir/article_231510.html The adjudication of sports-related disputes and the guarantee of justice in this field require mechanisms that protect the rights of the parties and prevent irreparable harm. In this context, provisional measures in the Court of Arbitration for Sport (CAS) play a key role. The primary function of these measures is to prevent irreparable damage until the issuance of a final decision on the merits. The Court considers criteria such as the necessity to avoid irreparable harm, the likelihood of success on the merits, and the balance of interests in favor of the claimant. Article R37 of the CAS Code does not impose limitations on the nature of provisional measures, which generally fall into three categories: facilitating the proceedings, preserving the status quo, and ensuring the effective enforcement of the final award. A review of CAS practice shows that provisional measures are issued with particular sensitivity in doping cases, as the fundamental principle of fair competition requires that athletes accused of violations be suspended from participation pending the final determination. Overall, the CAS system of provisional measures is evaluated as relatively effective, given that decisions are often issued swiftly, in some cases within a few days. Nevertheless, the lack of full transparency and the absence of uniformity in the issuance of such measures remain apparent. Therefore, more precise criteria for evaluating provisional measures and the establishment of coherent procedural guidelines could reduce interpretative discrepancies and enhance the efficiency of this mechanism https://jlr.sdil.ac.ir/article_231701.html Tax evasion and tax avoidance, while conceptually distinct, are overlapping phenomena that represent fundamental challenges to contemporary tax systems. Their detrimental impacts extend beyond fiscal inefficiency and inequity, affecting states’ capacities to achieve the goals of sustainable development. This article employs a library-based, analytical, and comparative research methodology, drawing on several peer-reviewed international academic articles, to examine the conceptual, legal, and institutional dimensions of tax evasion and avoidance within the framework of the Iranian tax system. The findings reveal that weaknesses in legislative structures, the absence of precise legal definitions, inefficient enforcement and oversight mechanisms, lack of economic transparency, and an underdeveloped culture of tax compliance are among the key obstacles to effective tax governance in Iran. Moreover, the legal ambiguity surrounding the boundary between lawful tax avoidance and illicit tax evasion complicates both policy formulation and implementation. The consequences of these deficiencies are not limited to declining state revenues but also include the erosion of funding for welfare, education, health, and environmental infrastructure—core pillars of sustainable development. Drawing on successful international experiences, the article concludes by proposing a set of reforms aimed at legislative refinement, improved tax administration, enhanced institutional transparency, and the cultivation of tax morale and social trust. https://jlr.sdil.ac.ir/article_231703.html Cyber attacks are considered one of the most significant security threats to modern electronic banking. Customers, by depositing funds with a bank, expect that the bank will act as a custodian; however, cyber attacks can lead to unauthorized withdrawals from customer accounts. Consequently, some regard the bank as a custodian and impose the resulting consequences on it. The critical questions addressed in this research, which has been written in a descriptive-analytical format, include whether a bank can be viewed as a custodian in the case of cyber attacks, what the bank's responsibilities are in such circumstances, and how it can compensate for the incurred damages. The findings suggest that, based on Article 35 of the Monetary and Banking Law, as well as the responsibilities outlined in the Consumer Protection Law and the Electronic Data Protection Law, a bank cannot be regarded as a true custodian. The bank's obligation to protect customer assets is a type of commitment to a result that obliges it to return the entirety of their assets only upon the customer's request. Furthermore, it seems that the nature of money also questions the custodian status of banks, implying that in the event of a cyber attack, the damages incurred are against the bank's assets rather than the customer's account. https://jlr.sdil.ac.ir/article_231830.html One of the goals of the tax system is to create transparency in economic activities. In order to achieve this goal, extensive measures were taken during the transformation period of the tax system, one of which was the refining of banking transactions, which was carried out by applying new rules in this area. In fact, the reason for the refining was to prevent tax evasion. Today, with the intensification of the use of cryptocurrencies or digital currencies, many grounds for tax evasion have been created. In fact, business owners conduct many of their transactions through cryptocurrencies to evade taxes. Consequently, from a jurisprudential perspective, cryptocurrencies are a type of property, and their transactions are not usurious or gratuitous. Therefore, if the basis of cryptocurrency transactions is correct from a Sharia perspective, the exchange of cryptocurrencies is permissible from a Sharia perspective. However, tax evasion, which is in the form of concealment, fraud, and violation of the law with illegitimate intent and harm to others and the Islamic society, is forbidden from a jurisprudential and legal perspective and is considered a crime. This issue is also addressed, as tax evasion is different from tax avoidance. The following article, using a descriptive-analytical method, discusses and examines tax evasion through cryptocurrency trading in Iranian jurisprudence and law. The most important goal pursued in this article is to provide legal and jurisprudential perspectives on tax evasion under cover such as cryptocurrency trading. https://jlr.sdil.ac.ir/article_231835.html Evaluating Iran's legislative criminal policy in relation to international instruments and the manner of being influenced by them is essential for identifying the legislature’s approach to the process of integrating international norms. This approach is itself rooted in perceptions of globalization, global crime control policies, and their most important mechanism: international instruments. Therefore, examining the discourses governing the process of influence from these instruments within the context of the general policies of the domestic legislative system is necessary for a better understanding of the output of legislative policymaking. The present study aims to fundamentally and rootedly investigate the challenges of Iran’s criminal policy regarding international instruments, using systems theory.Employing a descriptive-analytical method, this research seeks to explore how the discourses governing the process of absorbing and integrating international norms direct and influence the output of domestic legislation within the framework of Iran’s general legislative policies. The findings indicate that although significant efforts have been made toward prevention, combating transnational crimes, and aligning domestic laws with international instruments, fragmented approaches to adopting these instruments—shaped by dominant discourses and varying bargaining power—have led legislative outputs toward inconsistency. The most notable manifestations of this include the enactment of ineffective laws, increased costs of joining the international crime-fighting process, and associated national and transnational challenges. To overcome these challenges, the study proposes the development of transparent legislative principles, the establishment of a legislative criminal policy council for technical oversight, and the maximum utilization of Islamic teachings to harmonize domestic and international laws. https://jlr.sdil.ac.ir/article_232050.html The Russia-Ukraine war began on February 25, 2022, after months of tension and the presence of Russian military forces on the Ukrainian border, with Putin ordering an all-out military offensive. Russia, realizing the threat and dangers posed by the movements and actions of the United States and NATO in Eastern Europe and Putin's claim that the Ukrainian government had committed the crime of genocide in the east of the country, caused the Ukrainian authorities to justify their invasion against Ukraine by invoking the principle of the right to use force. In the meantime, Russia's widespread invasion of Ukraine, while undermining the territorial integrity and sovereignty of Ukraine, is contrary to the principles of the United Nations Charter and a violation of international humanitarian law. Therefore, the main question of the research is: What is the status of Russia's 2022 war against Ukraine from the perspective of international law? The hypothesis of the article is that Russia’s 2022 large-scale invasion of Ukraine, claiming to prevent the cessation of Ukrainian genocidal crimes in the eastern Donbas region, is considered an aggression against the territorial integrity and political independence of Ukraine, which will not only violate the principle of non-use of force by the Russian authorities, but will also undermine the international legal order. https://jlr.sdil.ac.ir/article_232208.html The military attack by the Arab coalition, along with several African countries, led by Saudi Arabia, on Yemen and the opening of fire on civilian targets is a clear example of the violation of Yemen's territorial integrity. The coalition countries justified the military intervention and use of force in Yemen by referring to the invitation of Mansour Hadi, the resigned President of Yemen. The coalition's attack on Yemen, in addition to violating the principle of non-use of force in international law, has violated many principles and regulations of international humanitarian law, including restrictions on the choice of any methods and means of warfare, the prohibition of attacking the civilian population and residential areas, which has undermined the sovereignty and territorial integrity of Yemen. Thus, the main question of the research is what is the violation of international humanitarian law during the armed conflict in Yemen? The research hypothesis is that although the coalition countries have justified the military intervention in Yemen and the use of force in this country on the basis of the intervention based on the invitation; However, this intervention is considered a violation of Yemen's sovereignty and territorial integrity and a violation of international humanitarian law, which has caused serious and severe damage to the rights of civilians and civilian areas, in addition to the coalition forces committing war crimes. Qualitative analysis was used to analyze the research data. https://jlr.sdil.ac.ir/article_232410.html The Internet of Things (IoT) has rapidly permeated various sectors significantly and accelerating with the advent of artificial intelligence. While offering substantial technical benefits, IoT introduces undeniable legal challenges, particularly concerning intellectual property (IP) rights. A critical issue is determining the appropriate legal framework for IP protection of IoT innovations. This paper aims to address this gap in Iranian legal literature .The hypothesis posits that IoT inventions are eligible for IP protection under Iranian law, with patents being the most appropriate form of protection. The study examines the compatibility of IoT innovations with the criteria for patentability under Iranian law which aligns with international standards such as the TRIPS Agreement. This law stipulates that an invention must be novel, involve an inventive step, and be industrially applicable to qualify for patent protection.The research methodology is qualitative, employing a descriptive-analytical approach and utilizing library resources. The findings suggest that IoT inventions, encompassing hardware, software, and integrated systems, meet the patentability requirements under Iranian law. Therefore, patents are considered the most suitable form of IP protection for IoT innovations. Furthermore, with the enactment of the new Iranian IP law in 2024, which expands the scope of protection to include utility models, trade secrets, and certification marks, Iran possesses a robust legal framework to support the protection of IoT-related intellectual property.In conclusion, the paper recommends that legislators, IP holders, and IoT stakeholders consider patents as the primary means of IP protection for IoT innovations in Iran. https://jlr.sdil.ac.ir/article_232413.html Pharmacists, especially those acting as the responsible pharmacist in community pharmacies, play a key role in protecting public health and ensuring safe medication use. With advances in pharmaceutical science and more complex processes of prescribing, preparing, and dispensing medicines, their legal responsibilities have become broader. A responsible pharmacist may face civil, contractual, or disciplinary liability, either for negligence or for strict liability when a defective drug or lack of clear information harms patients. This article compares the civil liability systems of Iran and England, focusing on the pharmacist’s role in both causing and preventing legal claims. It reviews core rules on non-contractual liability, regulations, professional standards, and selected case law in both countries. Practical examples and prevention strategies, such as error reporting, accurate documentation, and professional behavior standards, are also discussed. The study finds that Iran faces gaps in defining the legal status of responsible pharmacists, in providing effective enforcement, and in preventive measures, leaving professionals with unclear protections. In contrast, England’s strong regulatory structure, led by the General Pharmaceutical Council (GPhC), sets clear standards, creating both accountability and legal support for pharmacists. The comparison shows that Iran could benefit from clearer regulations, better risk management, and stronger systems to promote patient safety and public trust in pharmacy services. https://jlr.sdil.ac.ir/article_232712.html When is it permissible for a government to violate the religious freedom of its citizens? Under what circumstances is such a violation possible for a democratic government? The answers to these questions form the very essence and foundation of the doctrine of the margin of appreciation for states. Although this standard was created by the European Court of Human Rights, the Court has never provided a general and comprehensive theory regarding it, nor has it explicitly and clearly defined and elaborated its concept. Perhaps for this very reason, the legitimacy of this doctrine has been controversial since its inception. In recent years, this doctrine has increasingly served as an excuse for imposing undue restrictions on human rights in some European countries, and an excessive emphasis on this doctrine has created obstacles to realizing an optimal system for the protection of human rights in Europe. Therefore, Using a descriptive-analytical method and library tools, this article attempts to examine the numerous criticisms leveled against the doctrine of the margin of appreciation for states, and to critically evaluate the European Court of Human Rights' judgment in the case of S.A.S. v. France and its detrimental consequences for the European system of human rights protection. https://jlr.sdil.ac.ir/article_232863.html Artificial Intelligence (AI), as one of the most transformative technologies of our time, has introduced unprecedented challenges to legal systems. This study focuses on two main areas to analyze the legal and ethical dimensions of AI. First, it examines the implications of deploying Lethal Autonomous Weapons Systems (LAWS); and second, it assesses the potential of AI to enhance the quality of proceedings before international criminal courts. In the first part, it is argued that the autonomy and unpredictability of these systems undermine core legal concepts such as intent, knowledge, and effective control, thereby creating ambiguities in the application of Articles 25, 28, and 30 of the Rome Statute. In response to this legal vacuum, the article proposes solutions such as establishing strict criminal liability for senior officials and creating an international registry for AI systems. The second part highlights the potential role of AI in combating impunity, citing its capabilities in big data analysis, digital evidence detection, and crime pattern prediction. Nevertheless, the article warns of the need to ensure algorithmic transparency, uphold fair trial rights, and prevent discriminatory outcomes. Ultimately, this paper emphasizes that the effective and responsible use of AI in international criminal law requires a reconsideration of traditional legal concepts and the development of new legal frameworks that strike a balance between security, justice, and ethics. https://jlr.sdil.ac.ir/article_232867.html AbstractIn the present era, human dignity is considered as the ideal foundation of human rights and the desired goal of humanity. However, a comprehensive definition has not been achieved so far; hence, its manifestations are examined. Among the manifestations, we can mention the right to life, freedom of expression, freedom of religion, and the right to equality, which have been emphasized in documents and conventions. The term human dignity and standing is used in all documents related to human rights, and in some of these documents, the dignity of groups such as women and children has been emphasized. The examples examined include: the Universal Convention on Human Rights, the United Nations and its organs, the Declaration of the International Conference on Human Rights, the opinions of the International Court of Justice and the European courts. Unfortunately, the results of the study showed that the concept of human dignity is interpreted differently in the interpretation of the expansion of private rights. In international documents, the phrase "human honor" is often used instead of the concept of human dignity, while the concept of human dignity has not been addressed at all in human rights discussions. The findings show that human dignity, as the central core of international human rights, plays a decisive role in promoting justice, ensuring peace, and preventing violations of fundamental human rights, and the concept of human dignity in human rights documents ensures that there is a common basis for judicial interpretation among judges in judicial practice. https://jlr.sdil.ac.ir/article_232868.html the distinction between elevated testosterone levels resulting from the use of prohibited substances and naturally high testosterone levels in certain female athletes has created a dual challenge for sports regulatory bodies. While the former clearly falls under the World Anti-Doping Code, the latter prompted the World Athletics to adopt specific regulations in 2011 and 2019. These regulations sparked significant legal and human rights controversies, leading to proceedings before the Court of Arbitration for Sport (CAS), the Swiss Federal Tribunal, and the European Court of Human Rights (ECtHR). This study, through a legal analysis of the relevant rulings and regulatory frameworks, finds that although such regulations may appear discriminatory at first glance, they are deemed legitimate and necessary within the context of competitive fairness in professional sport. However, their legitimacy is contingent upon adherence to the principle of proportionality, reliance on credible scientific evidence, and safeguards for the human rights of female athletes. Given the fundamental importance of the issue, the authors propose the establishment of a specialized and independent body to address matters concerning female athletes with differences in sexual development (DSD) and those with gender identity complexities. In the absence of such an institution, the World Anti-Doping Agency (WADA) could temporarily assume responsibility for overseeing and ensuring fair application of such https://jlr.sdil.ac.ir/article_232870.html The growing trend of international migration in recent decades has drawn attention and sparked various debates in national and international communities. According to statistics from international institutions and organizations, a significant number of migrants are migrant workers, a considerable portion of whom lack documentation or are in an irregular situation. Despite the normative inflation in the international human rights system and the existence of specific international instruments adopted by the International Labour Organization and the United Nations, the extent to which irregular migrant workers enjoy human rights protections remains ambiguous and requires further examination. The particular vulnerability of this group led the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families to specifically address the issue of protecting the rights of irregular migrant workers in its General Comment No. 2. Hence, this General Comment holds special significance in clarifying the existing protective frameworks for irregular migrant workers. In this context, the main question of the present article is: In light of General Comment No. 2 of the Committee on the Protection of the Rights of All Migrant Workers, what protections are available to irregular migrant workers? Using a descriptive-analytical method and library tools, including a review of existing documents, this article concludes that the Migrant Workers Convention, as the most important international instrument on the rights of migrant workers, provides only minimal protections for irregular migrant workers. In contrast, these individuals enjoy greater protections under other international human rights instruments. https://jlr.sdil.ac.ir/article_232871.html Universal civil jurisdiction enables national courts to hear and issue rulings regarding serious international crimes (such as torture or slavery), without requiring any connection (such as nationality or the crime occurring within the territory) between the case and the country where the proceedings are requested. Rooted in international custom and treaties, this jurisdiction allows victims of the most severe international crimes to seek compensation from any national court in the world. However, the practical implementation of this jurisdiction faces numerous structural, legal, and political obstacles.This descriptive-analytical research seeks to answer the question: What obstacles does the development of universal civil jurisdiction face within the international legal system? Identifying these obstacles is evidently the first step in clarifying the ambiguities surrounding the development of this concept, understanding the reasons for its slower progress compared to universal criminal jurisdiction, and outlining its future prospects within the framework of international law. The research findings indicate that the most significant obstacles include the requirement of a sufficient territorial connection, considerations related to state secrets, political considerations often influenced by the interests of multinational corporations, and the reluctance of domestic courts to resort to customary international law. To overcome these challenges, the study proposes the adoption of binding international and regional instruments recognizing this principle and aiding the reform of domestic laws, the establishment of specialized regional or subject-specific tribunals, and the application of the principle of necessity to guarantee the right of access to justice and promote its enhancement at the international level. https://jlr.sdil.ac.ir/article_233084.html This comparative legal study examines the grounds for annulment of arbitral awards in Iran and England to evaluate how each system supports arbitration. Using doctrinal analysis of statutes, case law, and scholarly views, it highlights key differences in judicial approaches and legal frameworks.England’s Arbitration Act 1996 and pro-arbitration judicial practice create a strong legal environment that limits court interference and promotes finality of awards. English courts intervene only in exceptional cases such as lack of jurisdiction, serious procedural errors, or clear legal mistakes. They also enforce foreign awards under the New York Convention with a strong presumption in favor of recognition.In contrast, Iran’s system faces challenges despite adopting the UNCITRAL Model Law. Broad interpretations of terms like “public order” and “laws giving rise to rights,” refusal to uphold arbitration clause separability, and constitutional restrictions on arbitration involving public assets lead to frequent annulments. Iranian courts often review awards more extensively, weakening arbitration’s effectiveness and independence.The study suggests reforms for Iran, including formally recognizing arbitration clause separability, clarifying vague legal terms to prevent arbitrary annulments, and simplifying arbitration involving public entities. These changes could strengthen arbitration’s legitimacy and align Iran with international best practices, making it a more attractive jurisdiction for dispute resolution. https://jlr.sdil.ac.ir/article_233134.html One of the most prominent research topics in the field of Quranic sciences that has always attracted the attention of a large group of Quranic scholars is the issue of the rights of God and man and their place in the Holy Quran. The classification of a set of verses of the Holy Quran, inspired by the humanistic school of the Quran and the Prophet Muhammad (PBUH) in explaining religious and human rights, is that verses and surahs that have the same content are grouped in a group and assigned a special title. This similarity and similarity in verses and surahs of the same group can indicate a connection between them in their content, goals, objectives and central theme. The aim of the present study is to examine the relationship of another set of verses in relation to the rights of God and man in the Quran using a descriptive-analytical method and by taking as a model the humanistic teachings of the Islamic school and the life of the infallible Imams (PBUH) in the grouping of verses and surahs. Viewing the body of verses as a whole and relating them to each other leads to the discovery of new meanings that can improve the legal status of individuals in social life and present high human values ​​in the Islamic school, without which such a result would not be achieved. https://jlr.sdil.ac.ir/article_233370.html Adverse childhood experiences (ACEs)—such as abuse, neglect, domestic violence, and emotional deprivation—are among the key factors that can directly or indirectly influence antisocial behavior and criminal tendencies in adulthood. Nevertheless, many criminal justice systems, particularly in developing countries like Iran, lack effective mechanisms for identifying and incorporating these experiences into the adjudication and sentencing processes.This comparative study examines the impact of such experiences on criminal proceedings in the legal systems of the United States and Iran. In the U.S. criminal justice system, with its emphasis on restorative justice principles, legal instruments such as the Juvenile Justice and Delinquency Prevention Act, Federal Sentencing Guidelines, and landmark Supreme Court rulings—most notably Miller v. Alabama—have formally recognized the mitigating effect of ACEs on criminal responsibility and sentencing.Conversely, the Iranian criminal justice system, despite having legal provisions that allow consideration of individual circumstances—such as Articles 38 and 91 of the Islamic Penal Code and Article 203 of the Code of Criminal Procedure—lacks a coherent framework for evaluating childhood adversity. However, recent judicial decisions, including a notable verdict by Criminal Court Branch 101 in Fardis, indicate a gradual shift toward differentiated justice and consideration of defendants’ personal histories.Ultimately, this research argues that Iran’s judiciary can take significant steps toward humanizing punishments and preventing recidivism by drawing on the United States’ successful experiences—particularly through legal reform and the development of clear executive guidelines https://jlr.sdil.ac.ir/article_233438.html Digital economy companies in Iran are considered as a type of startup. These companies require capital and, in this regard, entering into investment contracts with venture capital investors—who are prominent players in the investment process—is essential. On the other hand, initial public offerings (IPOs) and entering into the capital market, represent a promising avenue for financing startups. The unique principles and regulations of the capital market, along with the characteristics and contractual agreements of digital economy companies with their investors, can create different conditions for the issuing company, the capital market, entrepreneurs in the digital economy sector, and the investors of these companies. The main question is whether the regulations established for financing these types of companies align with previous contractual agreements and the practical requirements governing those companies, or whether they lead to legal challenges. This paper, through a descriptive-analytical method and by examining the relevant contractual terms of investors in these types of companies, concludes that, firstly, financing digital economy companies through IPOs requires feasibility assessments accordant to the company’s conditions, and secondly, this method can influence the contractual conditions of investors in the applicant company. https://jlr.sdil.ac.ir/article_233577.html Abstract:The process of opening a letter of credit involves prior legal actions and unfolds in three stages, ultimately leading to its issuance. The first stage establishes the basic contract between the buyer and seller, which serves as the basis for the letter of credit application. There is a potential for default at each stage. However, only at the third stage, after the letter of credit is opened in favor of the beneficiary (the seller), can the payment be secured. Since the framework for opening a letter of credit is contractual, the bank also receives necessary guarantees and collateral for issuing it. If violations occur during this process, a non-criminal response is generally expected. However, due to a lack of understanding of the process and the nature of letters of credit, as well as the absence of specific regulations, opening a letter of credit contrary to established norms and the obligations of involved parties can sometimes lead to criminal charges and the initiation of a criminal case.This practice significantly undermines fundamental legal principles such as the legality of crime and punishment, the presumption of innocence, and the proportionality of crime and punishment. Therefore, the lack of criminalization in this area, the inconsistency of existing regulations, and populist approaches have resulted in scattered and heterogeneous judicial decisions.Keywords: Judicial Criminal Policy, Crime, Letter of Credit, Punishment, Sham Contract https://jlr.sdil.ac.ir/article_233785.html The principle of "last resort", as one of the sublime achievements of human criminal thought, emphasizes the primacy of non-criminal solutions and the limitation of criminal interventions. This principle, which has its roots in the justice-oriented teachings of legal philosophers and developments in modern criminal policy, allows criminal intervention only when other options are ineffective. The present study, with the aim of measuring the level of commitment of judges of the Hamedan and Bahar counties to this principle, analyzed their views and practices using statistical methods. The findings indicate that judges adhere moderately to this principle and have a relatively moderate approach in dealing with defendants; however, in the area of ​​security crimes, there is still a tendency towards strictness. Also, the tendency towards restorative justice in the face of dissatisfaction with peace-making institutions indicates structural challenges in the effective implementation of this principle in the judicial system. This research emphasizes the need to rethink Iran's criminal policy and modernize the judicial culture based on human dignity and penal rationality. https://jlr.sdil.ac.ir/article_233949.html This study explains and evaluates Iran’s criminal policy toward construction violations with the aim of preserving urban order and safety and preventing unauthorized building. The core question is to delineate the justified scope of criminalization and to identify an optimal mix of penal responses and preventive measures, consistent with justice and proportionality. Using a descriptive–analytical method based on documentary sources, the assessment framework draws on contemporary criminology and three criteria: “necessity,” “justice,” and “balance of interests.” The findings indicate that criminalization is warranted when a violation poses a serious risk to public interests, private rights, or structural safety; accordingly, distinguishing between low-risk and high-risk violations is essential for proportional responses. Monetary penalties alone lack sufficient deterrent effect and should be complemented by stop-work orders, disgorgement of illicit gains, and, where necessary, demolition of the structure. Strengthening administrative oversight, enhancing procedural transparency, and employing situational prevention tools increase the effectiveness of penal responses. Justice also requires that criminal rules align with moral and social norms and be enforced in proportion to the severity of risk. In sum, combining risk-based minimal criminalization with proportionate sanctions and preventive mechanisms offers an effective path to controlling construction violations and maintaining sustainable urban order.Keywords: criminal policy; construction violations; minimal criminalization; criminal justice, urban order and safety. https://jlr.sdil.ac.ir/article_234266.html AbstractThe concept of direction and control within the framework of international state responsibility law, pursuant to Article 17 of the ILC's 2001 Articles on the Responsibility of States for Internationally Wrongful Acts, necessitates the existence of "actual domination" and "operational direction" by one state over the conduct of another international actor, such that wrongful acts may be attributed to the directing state. However, the European Court of Human Rights (ECtHR), in its jurisprudence, has tempered these rigorous criteria by prioritizing human rights protection and victim-centered accountability, adopting more flexible models such as overall control, spatial control, and analogous approaches. The significance of this issue resides in addressing accountability gaps in complex scenarios, including multinational operations, hybrid occupations, and armed conflicts. The article underscores the importance of direction and control in bolstering erga omnes obligations. The principal research question centers on the manner in which the ECtHR adapts the ILC’s criteria to ensure effective human rights safeguards, with the core hypothesis predicated on the ECtHR's flexibility in lowering attribution thresholds. The methodological approach draws on pertinent library-based studies, grounded in a qualitative analysis of key Court judgments and ILC documents. This study concludes that the more pragmatic and adaptable approach of the ECtHR relative to the stringent criteria of the ILC, enhances state responsibility and expands the scope of remedies available to victims. https://jlr.sdil.ac.ir/article_234338.html This study analyzes the evolutionary trajectory of the concept of the ‘principle of equality’ in international investment arbitration as a procedural principle, tracing its journey from its historical origins in the Magna Carta (1215) to its contemporary manifestations in foundational instruments such as the New York Convention (1958), the UNCITRAL Model Law on International Commercial Arbitration (1985), the ICSID Arbitration Rules, and international arbitral practice. The role and status of the principle of equality are examined, with an emphasis on its inextricable link to principles such as ‘fairness,’ which serve as guarantors of the legitimacy of the international arbitral system. The findings of this research indicate that while Article 18 of the UNCITRAL Model Law, by stipulating “equal treatment,” has been dubbed the “Magna Carta of arbitral procedure,” the ambiguity in the operational definition of this principle and the specifics of its interaction with other governing rules in this field have created significant interpretive challenges. Indeed, the provisions of arbitration treaties, institutional rules, and national laws uniformly mandate, whether explicitly or implicitly, the obligation to treat the parties equally throughout the arbitral proceedings. Nevertheless, the precise contours of procedural equality remain ambiguous. Through an analysis of leading international investment arbitration awards and the rules of prominent arbitral institutions, this study demonstrates that the realization of “justice” in this field hinges on a transition from “formal equality” towards “substantive fairness based on the facts of each case.” https://jlr.sdil.ac.ir/article_234743.html The performance of a contract is the ultimate goal of each contracting party, and the sanctions for its violation varies depending on the legal system, from requiring the performance of the contract itself to terminating it. However, the injured party may grant the other party a new period of time to perform the contract. By granting a period of time, two immediate effects occur: Firstly, it is not possible to invoke performance guarantees that conflict with the granting of a grace period during that grace period. Secondly, the granting of a grace period does not affect the acquired rights of the grantor of the grace period, namely the right to terminate and claim damages resulting from the delay in the performance of the contract. The recognition of this doctrine, which has its roots in German law, is in harmony with several principles of contract law that today adorn many national and international legal documents, such as the preservation of the contract, interpretation in favor of the contract, good faith, prohibition of contradictory conduct, reasonableness, etc. This article intends to evaluate, in a descriptive and analytical manner and in a comparative manner, the doctrine of granting additional time in the Vienna Convention, the Principles of European Contract Law, the Principles of UNIDROIT, and Iranian law. In short, it can be said that identifying this doctrine is a step towards preserving the contract and the security of legal relations, and therefore it is reasonable in harmony with the principles governing the contract. https://jlr.sdil.ac.ir/article_234839.html States are obligated to adopt ex-ante measures, such as disaster response preparedness, and post-facto measures, such as the protection of persons during the occurrence of disasters. The objective is to ensure that in situations like disasters, the highest level of protection is afforded to individuals. Among the relevant rights, the right to health—encompassing access to health and medical services, and essential medicines—is of paramount importance. States are required to establish the necessary framework to guarantee this right, both before and after the occurrence of disasters, even at a minimal level, by enacting rules and regulations, determining political policy, and engaging in international cooperation with other states and international actors. The central question is: what obligations do states bear concerning the guarantee of the right to health, particularly for persons affected by disasters, and what is the approach of the International Law Commission (ILC) in this regard? The findings of this research, based on a descriptive-analytical method, indicate that states have positive obligations, such as taking necessary measures for disaster risk reduction, including prevention, among others. Correspondingly, the ILC, recalling the principle enshrined in the Sendai Framework that the primary responsibility for preventing and reducing disaster risk lies with all states, has emphasized that realizing this principle requires the implementation of integrated economic, structural, legal, social, health, cultural, educational, environmental, technological, and political measures. These measures will lead to the prevention or reduction of risk and vulnerability to disasters, enhanced preparedness for response and recovery, and consequently, strengthened resilience. https://jlr.sdil.ac.ir/article_234863.html The Merida Convention, recognized as the first comprehensive and universal global anti-corruption treaty, incorporates four mechanisms—preventive measures, criminalization, international cooperation, and asset recovery—to facilitate the implementation of anti-corruption efforts in the domestic laws of member states. While the Convention is innovative in many respects, it suffers from weaknesses such as the use of non-binding language in certain provisions, dual criminality requirements, the lack of a robust oversight system, and the predominance of political considerations in the extradition of offenders and asset recovery processes. These shortcomings cannot be overlooked and hinder its real impact on state behavior. However, some of these issues stem from the Convention’s deliberate flexibility to ensure compatibility and enforceability within the legal frameworks of member states. This implies that the ultimate goal of the Convention is “effectiveness,” defined as an interdisciplinary approach and the utilization of all available tools to reduce corruption within the domestic systems of member states. A review of the Convention’s main mechanisms and an analysis of the concept of effectiveness demonstrate that, during the implementation of these mechanisms, corruption has decreased across its various dimensions, indicating relative success. https://jlr.sdil.ac.ir/article_235142.html The Purposivism school of interpretation, as one of the important schools in legal interpretation, focuses on the "objectives and purposes of the legislator" to interpret criminal laws. This research analyzes the position, foundations, types of objectives in Purposivism, the challenges of this school, and ultimately, its place in the Iranian criminal justice system. The main objective of this research is to explain the role and function of Purposivism in the flexibility and adaptation of criminal laws to social developments, as well as to examine the theoretical and practical obstacles it faces. This study was conducted using a descriptive-analytical method, with data collected from library sources, including legal texts, advisory opinions, and judicial rulings. The findings of the research indicate that although this school has been welcomed and utilized in Iranian legal doctrine and judicial practice, such as in the advisory opinions of the General Directorate of Legal Affairs of the Judiciary and the uniform precedents of the Supreme Court, it faces fundamental challenges such as ambiguity in identifying the purpose, the risk of subjectivism, and potential conflict with the principle of legality of crimes and punishments and the principle of separation of powers. Consequently, this research suggests that in order to make greater use of the advantages of this school, it is essential to develop clear criteria and standards for identifying the objectives of the legislator to prevent arbitrary and discretionary interpretations and to ensure and strengthen the application of teleology in the Iranian legal system. https://jlr.sdil.ac.ir/article_235311.html With the advancement of communication technologies, the use of virtual hearings has gradually attained a significant position in the settlement of international disputes. Employing a descriptive–analytical methodology grounded in library-based research, this article examines the status of the “right to a virtual hearing” in international law and within the Iranian legal system. It seeks to address the following questions: What role does physical attendance play within the procedural frameworks of international and domestic judicial bodies? Has in-person adjudication been recognized as an autonomous right, and to what extent has such a requirement been observed in practice?The principal finding of this study is that in neither the constituent instruments and procedural rules of international judicial bodies nor the Constitution and ordinary legislation of Iran is “in-person adjudication” recognized as an independent and absolute right. In international law, the normative focus lies on the substantive components of a fair hearing, while physical presence constitutes only one possible modality through which those components may be realized. The experience of the COVID-19 pandemic, along with subsequent procedural reforms in international courts and tribunals, demonstrated that fully virtual or hybrid hearings are, provided that fair-trial guarantees are respected, entirely lawful and broadly accepted. To date, no meaningful objection alleging a violation of the right to a fair hearing has been raised solely on the basis of the non-physical format of proceedings. https://jlr.sdil.ac.ir/article_236034.html This research focuses on the semantics of the term "public will" and seeks to answer the question of what meanings or significations the public will conveys in legal literature and legislation. The findings of this study lead to the discovery and establishment of three definitions and theoretical frameworks of public will, each of which can be situated within a specific body of knowledge. The definitions are as follows: public will as a mechanism for the manifestation of the will of a social system; public will in public policy-making and planning (objective and subjective approaches); and public will in political philosophy (the general will arising from the social contract theory).Subsequently, an effort has been made to concentrate on the main trajectory of the research, namely the conceptualization of public will in legal literature and legislation, by integrating the dimensions of all the aforementioned definitions. The outcome of the research indicates that in legislative literature, by combining the dimensions of all three definitional frameworks of public will, three major interpretations can be presented, under which all the more specific and subsidiary definitions provided by various scholars can be categorized; https://jlr.sdil.ac.ir/article_236195.html In recent years,the government has been trying tomanage the conflict of interest between public and non-public interests of its agents.Determining the provisions regarding the management of conflict of interest in regulations is the most important way to achieve this goal. For importance of this issue,an article has been dedicated to the issue of conflict of interest in the Central Bank Law1402.Despite the desirability of the purpose of this article and some of its provisions, such as the need to complete a conflict of interest worksheet, considering regulations to organize conflicts of interest in employment at the Central Bank,determining guarantees for the implementation of violations of rules, etc,there are disadvantages such as ambiguity in the concept of effective employees,confusion between the sum of jobs and conflicts of interest, and establishing an absolute ban on any type of cooperation without considering conflicts of interest, disregard for the use of specialized terms such as"job","position,"mandatory and non-mandatory"and ambiguity in the expressions that include them in the area of ​​individuals covered by the article, the lack of appropriate enforcement guarantees regarding individuals' dishonesty in completing the worksheet, determining guarantees of heavy criminal enforcement instead of guarantees of proportionate administrative and disciplinary enforcement, the lack of continuous supervision and a strong, impartial supervisory body, and a long period of employment ban for individuals after the end of their service period at the bank in Article60 of the law.For optimal implementation and achieving the goal of managing conflicts of interest,the aforementioned article needs to be amended https://jlr.sdil.ac.ir/article_236577.html Customary international law includes those rules that are established and sustained by the consistent and uniform practice of states and other subjects of international law in their international legal relations, in circumstances that give rise to legitimate expectations of the application of a similar practice in the future, when a large number of states participate in such practice on a permanent and continuous basis as specific behavioral rules. Since, according to Article 77 of the Constitution of the Islamic Republic of Iran; international treaties must be approved by the Islamic Consultative Assembly and, according to Article 94, all resolutions of the Islamic Consultative Assembly must be sent to the Guardian Council for evaluation in accordance with Islamic standards and the Constitution. Thus, in reviewing international treaties, the Guardian Council sometimes encounters customary international law stipulated in the preamble and text of the treaty. This article seeks to answer the question of what is the Guardian Council's practice in dealing with customary international law and how can it have an effective confrontation? The present article, using a descriptive-analytical method, reaches the conclusion that, first, the Guardian Council, when confronted with the rules of customary international law in general, considers them to be contrary to Islamic law and the constitution; second, by accepting the generalities of customary international law and the existing proposed solutions, it can have an effective confrontation in this regard. https://jlr.sdil.ac.ir/article_236594.html The rapid entry of children and adolescents into cyberspace is a phenomenon that has presented today's world with new opportunities and threats. Although digital tools play an important role in the intellectual and social development of the young generation, they have also paved the way for various types of cyber abuse. Among these threats are online sexual harassment, commercial exploitation, encouragement of risky behaviors, and cyber harassment. In such circumstances, the responsibility of the criminal justice system in preventing and combating these crimes has become more important than ever. Against this backdrop, the question arises as to how far the Iranian criminal justice system has been able to provide effective and appropriate support to the emerging forms of cyber abuse of children and adolescents in line with the developments of the digital age? The purpose of this research is to examine the capacities available in Iranian criminal laws to combat cyber abuse of children and adolescents, identify legislative and executive gaps in this field, and provide suggestions for improving the criminal protection system in light of technological developments. The present study was conducted in a descriptive-analytical manner using library resources, domestic laws, international documents, and judicial practice. The findings indicate that although regulations such as the Computer Crimes Act and the Child and Adolescent Protection Act have taken steps towards criminal protection, they face challenges such as incomplete criminalization, lack of monitoring mechanisms on platforms, and inability to respond to the technical complexities of the digital space. https://jlr.sdil.ac.ir/article_236599.html In recent decades, social networks have become a platform for the emergence and expansion of a new phenomenon called "influencers"; people who, by using their verbal and visual influence, play an effective role in guiding public opinion, promoting lifestyles, and advertising products. The present article examines the civil liability of influencers in the context of social networks with a descriptive-analytical approach. The purpose of writing this research is to examine the position and role of influencers' responsibility in cyberspace and their civil liability for their activities on social networks and its exceptions; the research findings show that regarding the civil liability of influencers and its foundations, the general rules of civil liability and civil law can be used. In our legal system, the civil liability of influencers is based on the theory of fault, and the theory of no fault is an exception. Given the lack of specific laws in the field of influencers, in some cases the theory of fault may face challenges. Such as: cases in which minors are used in sexual advertising and also pharmaceutical advertising without legal permission, in such cases, legal theories not based on the theory of fault, such as the theory of strict liability, can be used. In citing the theory of fault, in order to recognize the perpetrator of the damage, the establishment of the causal relationship must be considered. In the absence of a specific law, the possibility of establishing liability and compensation for damage is difficult and sometimes impossible. https://jlr.sdil.ac.ir/article_237349.html This study aims to examine the legal dimensions and practical implications of individual defenses in patent infringement litigation. The research adopts a descriptive–analytical methodology with a comparative approach, and the data are collected through documentary and library-based research, including an analysis of national legislation, international instruments, judicial decisions, and legal doctrine. The study first analyzes the concept, theoretical foundations, and position of individual defenses within different legal systems and then identifies and examines their manifestations with a particular focus on Iranian law. Subsequently, through a comparative analysis of the laws of the United States, the European Union, and relevant international instruments, the similarities and differences between individual defenses and other defensive mechanisms are clarified. The findings indicate that individual defenses, while preserving the balance between the interests of inventors and the public, can function as moderating tools that limit the exclusivity effects of patent rights and prevent broader conflicts in the exploitation of innovations. The analysis of Iranian law further reveals that although certain instances of individual defenses have been recognized sporadically in legislation and judicial practice, a coherent and comprehensive framework has not yet been established. Accordingly, it is necessary for the legislator to adopt clear and well-defined rules, drawing on comparative legal experiences and international standards, in order to ensure a balanced protection of both inventors’ rights and the legitimate interests of users. https://jlr.sdil.ac.ir/article_237463.html This article examines the legal and humanitarian dimensions of the food blockade in the Gaza Strip. It analyzes Israel’s responsibility as an occupying power under international humanitarian law and the law of the siege. Focusing on developments after October 7, 2023, it seeks to determine whether the deliberate use of starvation as a method of warfare can be justified under international law, and what obligations the occupying power bears in ensuring civilian access to food and humanitarian assistance.The study employs a qualitative research method based on the analysis of treaty law, official interpretations by the International Committee of the Red Cross (ICRC), and reports from international organizations such as FAO, WFP, and IPC. Cross-referencing among multiple independent sources was used to enhance the validity of findings.The findings reveal that the Gaza blockade, through the deliberate obstruction of aid and the destruction of vital resources, constitutes the unlawful use of starvation as a weapon of war. These acts violate fundamental principles of international humanitarian law—such as the prohibition of collective punishment and the protection of civilians—and represent a direct breach of Israel’s obligations as an occupying power under the Fourth Geneva Convention and the 1977 Additional Protocols. Consequently, the Gaza blockade poses a serious challenge to the legitimacy and effectiveness of the international legal order. The paper concludes by emphasizing the urgent need for an independent monitoring mechanism, unimpeded humanitarian access, and the reconstruction of Gaza’s food system as essential international responsibilities. https://jlr.sdil.ac.ir/article_237659.html The concept of "Will" plays a pivotal role in criminal law as the cornerstone of criminal responsibility. Despite this fundamental importance, the position of "Will" and the distinct concept of "Voluntariness of Action" in the doctrine of Iranian criminal law have always been a point of convergence for conflicting views, deep conceptual ambiguity, and significant divergence of opinions. A discourse analysis of Iranian criminal law doctrine reveals that three competing views locate "Will" in the "Material Element”, the "Mental Element", or the "domain of criminal responsibility”, respectively. This confusion, has led to contradictions in judicial analyses. Aiming to resolve this confusion and by raising the question of where the precise place of these two concepts lies in the analytical structure of crime, this research rethinks the foundations of these views. Adopting a critical approach, this article analyzes the foundations and consequences of each of the three competing views. The findings indicate that placing "Will" in the Mental Element or the domain of responsibility stems from conflating these two concepts and leads to insoluble structural contradictions (especially in the analysis of duress). Ultimately, this research defends the view that "Will”, as a philosophical concept, has no direct place in the elements of crime. Accordingly, involuntary behaviors are excluded from the realm of criminal law primarily due to the absence of "conduct”. This doctrinal reconstruction, while refining the Material and Mental Elements, contributes to the coherence of the analytical structure of crime in the Iranian legal system. https://jlr.sdil.ac.ir/article_238150.html The success of the open-source model in software led to its expansion into biotechnology, albeit in a limited scope. economic assessment relying on transaction cost provides an efficient method for evaluating this evolution, facilitating the realization of economic preferences in biotechnological innovations through the application of an appropriate protective model. The principal objective is a comparative assessment of the IPR system and the open-source biotechnology legal approach from a transaction cost perspective, considering both the overall system and in Iran.Based on the findings, not all the rules of the open-source software can be applied directly to the biotechnology, necessitating the development of specific rules. The model for organizing transaction costs within the open-source biotechnology legal approach—namely, the Bazzar model—proves more efficient than the Market model applied within the IPR system. Furthermore, the implementation of other mechanisms in open-source biotechnology approach, such as information-sharing networks and collective inventions, contributes to a reduction in transaction costs. Concerning the situation in Iran, it is insufficient to adhere solely to the prevalent notion that strengthening the IPR system is imperative; challenges such as the absence of robust anti-monopoly laws, and the excessive reliance of companies on patent must be addressed. Moreover, studies indicate the positive effect of non-proprietary practices from a transaction cost perspective. Finally, the study presents efficient and realistic recommendations for an optimal support model. These recommendations involve integrating the open-source biotechnology legal approach with the IPR system and proposing necessary reforms in this field. https://jlr.sdil.ac.ir/article_238265.html The article analyzes the preliminary negotiation clause in contracts and its influence on civil disputes in court. It notes disagreement among courts. Some treat the clause as a binding obligation and a condition for hearing the claim, while others see it only as a voluntary step toward settlement.Using an analytical and descriptive approach, the article argues that in substantive law this clause reflects party autonomy and the duty to honor agreements. In procedural law it may operate as a prior formal requirement for bringing a claim, so that admissibility depends on a genuine attempt at negotiation.The article stresses that courts, under rules on reasoned judgments, must clearly address objections based on a preliminary negotiation clause and explain why they accept or reject them. It also examines good faith in the performance of this clause and the effects of refusal, silence or delaying tactics by one party. A simple demand for payment or a bare refusal to pay does not end the duty to negotiate. The parties must show serious and honest efforts to reach compromise.Finally, the article concludes that ignoring a preliminary negotiation clause undercuts contractual initiative and weakens the conciliatory role of civil justice. A more respectful approach to such clauses can both protect party rights more effectively and help ease court congestion. https://jlr.sdil.ac.ir/article_238271.html The growing complexity of international relations and the expansion of multilateral cooperation among states have increasingly resulted in human rights violations arising within contexts of shared responsibility. This article examines the jurisprudence of the European Court of Human Rights (ECtHR) on the award of just compensation, focusing on the legal challenges generated by joint causation, extraterritorial jurisdiction, and multi-state operations. The research question concerns how the Court determines compensation in situations involving shared responsibility and whether a coherent doctrinal pattern can be identified. The study proceeds from the hypothesis that the ECtHR adopts an individualized approach, avoiding both joint and several liability and the apportionment of compensation among responsible states. Employing a qualitative methodology grounded in case-based and comparative analysis, the research draws on ECtHR judgments, the 2001 International Law Commission Articles on State Responsibility, and the Guiding Principles on Shared Responsibility. The findings indicate that the Court determines responsibility based on effective control and direct attribution, and awards compensation solely against the state exercising dominant authority. This approach, however, faces persistent challenges, including difficulties in proving divisible causation, the absence of a compensation-allocation mechanism, and structural limitations inherent in the European Convention on Human Rights. The study concludes that while the ECtHR acknowledges shared responsibility, it refrains from recognizing shared compensation, a stance that constrains restorative justice. It recommends the development of rules on compensation allocation and the strengthening of inter-state enforcement mechanisms to align the European human rights system with the multi-actor realities of contemporary governance. https://jlr.sdil.ac.ir/article_238617.html Witness testimony has long been regarded as one of the most significant forms of evidence in criminal proceedings. However, in the context of international crimes, due to their scale and complexity, the role of witness testimony extends beyond criminal courts. It has also become a crucial tool in truth commissions, which aim to promote transitional justice and restore public trust. These commissions, established to document widespread violations of human rights and international humanitarian law, place truth-seeking at the core of their mission. The key question is to what extent the findings of these quasi-judicial bodies can be relied upon in criminal courts and whether they possess evidentiary value in international criminal proceedings. Using a descriptive-analytical approach, this study first examines the foundations and functions of truth-seeking in truth commissions and then, through a comparative analysis of the Sierra Leone Truth and Reconciliation Commission and the Special Court for Sierra Leone, evaluates the credibility and admissibility of the evidence and testimonies produced in these processes. The findings show that although the evidence and testimonies collected by truth commissions can play an effective role during the investigative stage, particularly in supplementing evidence and reconstructing the historical reality, they possess limited evidentiary value in criminal proceedings due to shortcomings such as the absence of cross-examination, the lack of verification and assessment of the accuracy of testimonies, and the commissions’ substantive involvement in issues of criminal liability beyond their mandate. https://jlr.sdil.ac.ir/article_238917.html This study explores the phenomenon of legislative individualism as a structural challenge within Iran’s legal system, focusing on the Code of Criminal Procedure enacted in 2013 (1392 A.H.S.) and amended in 2015 (1394 A.H.S.). Legislative individualism refers to a condition in which legislative or quasi-legislative powers are centralized in the will of a single individual rather than distributed among multiple institutions. This concentration of authority undermines the principles of separation of powers and collective rationality, producing a system where individual discretion can override institutional checks and balances. Employing a descriptive–analytical method based on the examination of legal documents and content analysis, the research identifies over sixty provisions in the Code that make the enforcement of laws contingent upon the approval, discretion, or directive of the Head of the Judiciary. Such a concentration of authority reveals a form of person-centered lawmaking that distorts the legislative function and poses potential risks to citizens’ fundamental rights and freedoms. Drawing upon Jean-Jacques Rousseau’s concept of the general will, John Locke’s theory of limited sovereignty, and Jürgen Habermas’s notion of communicative rationality, the study argues that legislative individualism diminishes the democratic legitimacy of lawmaking processes. The findings suggest that if this trend continues, it may further weaken transparency, accountability, and public trust in Iran’s criminal justice system, ultimately challenging the normative foundation of democratic governance and the rule of law. https://jlr.sdil.ac.ir/article_239659.html Cryptocurrencies are at the forefront of the economic and financial development of the world today. This has created many opportunities and threats in the financial markets around the world and has attracted the attention of a significant number of citizens and economic activists in recent years.Accordingly, the number of actors involved in cryptocurrency trading has increased significantly in recent years, the most important of which are governments. Due to the number of potential benefits of digital currencies in international trade, there are also several challenges that must be taken into account, one of the most important of these challenges is the monetary governance of governments. In this article, which is done in an analytical-descriptive way, the main question is: From the perspective of international law, how have cryptocurrencies affected the monetary governance of governments? The results of the research show: Cryptocurrencies are traded in a decentralized manner and no government plays a direct role in their creation, valuation and distribution, thus cryptocurrencies have the exclusive sovereignty of governments over the amount of money in circulation, its valuation. and the limitation of the storage criteria and the basis of the value of commercial exchanges have been limited, and the governments, according to their economic policies, adopt approaches based on prohibition, regulatory and risk-oriented approaches. https://jlr.sdil.ac.ir/article_239908.html Directive of Anti-Usury Code of Bank Activities of Iran ( approved 1362), produce new contract which lead to investment and entrepreneurship of banks in corporations that have non-banking activities. This contract is criticized not only in view of private law, but also in view of public economic law, as it is in contradiction with prohibition of investment and entrepreneurship of banks in commercial banking system. In this article, inefficiency of this contract in private economic law will be analyzed, and then normative purposes of banning investment banking in commercial banks will be examined. This article will review developments in the field of regulation and legislation on prohibition of investment and entrepreneurship of banks, like article 16 Code on Removing Barriers to Competitive Production and Improving the Country's Financial System (approved 1394) and Seventh Development Program Act (approved at 1403) which have several executive solution in isolating this contract, and output of all solutions of Iran’s legal system in this regards will be explained. https://jlr.sdil.ac.ir/article_240055.html This study investigates the role of historical and identity-based claims in Russia’s discourse and actions regarding the Ukraine conflict, analyzing their significance against binding principles of international law. Employing a mixed-methods approach, the research combines thematic analysis to identify dominant meanings and narratives in official documents and political statements, with quantitative content analysis to measure the frequency and weight of these claims relative to established legal norms. The qualitative phase revealed recurring themes such as “historical legitimacy,” “protection of Russian-speaking populations,” “Russkiy Mir,” and “preservation of civilizational heritage,” demonstrating that Russia’s historical and identity-based discourse functions primarily as a framework for internal justification and political positioning. However, the quantitative findings indicate that these narratives have limited influence in legal practice: in 18 advisory opinions of the International Court of Justice, references to historical or identity factors accounted for only 10–20% of citations, while core legal principles—including non-use of force, territorial integrity, and non-intervention—constituted over 75% of effective references. Similarly, state documents show high rhetorical emphasis on historical claims but comparatively low legal weight. By linking thematic insights with measurable patterns, this study highlights the gap between political discourse and legal authority and underscores the necessity of multilateral, law-based mechanisms for peaceful resolution of territorial disputes. https://jlr.sdil.ac.ir/article_240063.html The conventional narrative of the positive impact of international investment law on domestic rule of law is almost intuitive. To begin with, the same principles that govern the core rule of law requirements in international investment treaties are also enshrined in international agreements. In the meantime, the public and political debate over investor-state dispute settlement (ISDS) has given rise to reform processes in international investment law, at the bilateral, regional and multilateral levels, with various actors shaping the future of international investment governance. Fair and equitable treatment can be an important principle of international investment law. Over the years, international investment arbitration tribunals have described fair and equitable treatment as the obligation of host states to provide foreign investors with a stable and predictable legal framework, fair and transparent proceedings, and protection of legitimate expectations, all of which are essential requirements of the rule of law. Host countries internalize their international investment law obligations and reform their policymaking processes due to their desire to avoid strict liability for breaches of international investment agreements. Furthermore, the provisions of international investment agreements represent the rule of law for foreign investment. . This article examines the application of the rule of law as a normative meta-principle in international investment law and its dispute resolution, and sheds light on the different perspectives on this concept that shape the current reforms of investor-state dispute resolution. https://jlr.sdil.ac.ir/article_240600.html The conflict between Sharia and law has been one of the fundamental challenges of the legislative system in Iran since the Constitutional era. In the Islamic Republic, this problem was partially resolved with the initiative of Imam Khomeini; in cases where it was possible to legislate, Sharia rulings were converted into law, in the area of ​​freedom, the establishment of laws in harmony with Sharia was considered without any problems, and in cases of contradiction, the determination of expediency was entrusted to the Expediency Council (Article 112 of the Constitution). The main question of this research is that if a law such as the “Law on Supporting the Family through Promoting a Culture of Chastity and Hijab” is Sharia-compliant but is contrary to expediency and socially unacceptable in the public sphere and in the minds of the majority of people, what institution has the authority to determine expediency? The main finding of the article is that under these assumptions, due to the inadequacy of Article 112, no institution has the authority to assess expediency and establish a secondary title, and the only efficient mechanism is to utilize Article 59 of the Constitution and refer to a referendum if the necessary conditions exist. In this way, "public opinion" will act as a complementary institution for determining expediency in socio-cultural affairs. This research was conducted using a descriptive-analytical method and based on jurisprudential, legal, and historical sources. https://jlr.sdil.ac.ir/article_240628.html The recognition of obligations erga omnes constitutes a major development in contemporary international law, fundamentally challenging the classical, bilateral structure of State responsibility. Particularly in the field of human rights, such obligations are owed not to individual States, but to the international community as a whole. A central issue therefore arises as to whether the acknowledgment of obligations erga omnes necessarily entails the conferral of enforcement powers upon non-injured States within the framework of international responsibility.The 2001 Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) reflect this conceptual shift, while adopting a deliberately cautious approach to implementation. Following the abandoned expansion of the notion of the “injured State” in the 1996 Draft Articles, the International Law Commission introduced a structural distinction between injured and non-injured States. This distinction recognises the legal interest of non-injured States in the observance of obligations erga omnes, whether of a customary or treaty-based character, while intentionally limiting the scope of their enforcement entitlements.This article contends that Article 54 of ARSIWA should not be construed as a legislative gap or technical shortcoming. Instead, it embodies a form of “normative suspension,” designed to manage the structural tension between the imperative of effective enforcement of fundamental obligations and the systemic risks inherent in decentralised implementation. While this approach does not offer a definitive solution to the enforcement of obligations erga omnes, it establishes a measured equilibrium between community-oriented responsibility and institutional stability, thereby supporting the gradual development of international law in this area. https://jlr.sdil.ac.ir/article_241218.html AbstractThe primary objective of this research is to analyze and evaluate the application, significance, and implications of the doctrine of estoppel as an equitable legal principle within the complex and high-stakes framework of aviation insurance contracts. Employing a descriptive-analytical approach, this article draws upon legal sources and judicial precedents, particularly within the aviation sector, to elucidate the concepts, constituent elements, and scope of estoppel in the relationship between insurers and insured parties. Aviation insurance contracts, characterized by their adhesive nature and inherent imbalance in bargaining power, necessitate protective mechanisms for the insured. The findings demonstrate that the doctrine of estoppel serves as an equitable remedy to counter technical abuses by insurers. By precluding insurers from denying prior commitments or representations—particularly following reasonable and detrimental reliance by the insured—estoppel ensures contractual stability and certainty in the insurance market. Judicial precedents underscore the necessity of establishing elements such as express or implied representations, reliance, and detriment resulting from inconsistent conduct. In the aviation industry, estoppel transcends its role as a mere legal rule, emerging as a cornerstone of justice and a mechanism for enforcing fairness. It safeguards the rights of the weaker party (the insured) while obligating insurers to uphold utmost good faith and transparency throughout the contracting process. The successful application of estoppel facilitates dispute resolution, enhances trust in the market, and preserves financial security in aviation operations. https://jlr.sdil.ac.ir/article_241258.html Institutionalism is one of the approaches that emerged from international relations, which is the product of the debate with realists, and at the same time, a rejection of the functionalists . This theory, while assuming the findings of realists regarding the anarchy prevailing in international relations and the self-interest of states, seeks to prove the possibility of cooperation between actors, especially states, and analyzes the issue of how institutions are formed and how international law is observed through them. Recent approaches based on institutionalism, which pursue the consolidation of this theory, despite accepting the traditional sources and subjects of international law and acknowledging their preservation, pay very special attention to soft law as the desired law in line with the institutionalization of international law. The special importance of institutionalism for soft law, as it considers international law as both a legal and political process, will be able to change the sources and subjects of international law and even the basis for the obligation of international law; so that it may be possible to speak of non-binding but institutionalized and largely enforceable laws on this basis. This is the point of importance of this theory for international law that can affect the international legal order, and therefore institutionalism should be considered beyond the mere analysis of the possibility of cooperation in international relations; because the history of international law is full of institutions. The Financial Action Task Force is among the institutions whose study can confirm the above finding. https://jlr.sdil.ac.ir/article_241259.html Pursuant to Article 333 of the Civil Procedure Code of Iran, parties to litigation may, by written agreement, waive their right to appeal against a judgment rendered by a court of justice. By contrast, Iranian arbitration laws do not expressly address the possibility of waiving the right to challenge an arbitral award, although parties may wish to do so. This article examines whether parties to arbitration may validly waive their right to challenge an arbitral award, either in whole or in part with respect to the grounds enumerated in Article 489 of the Iranian Domestic Arbitration Law or Article 33 of the International Commercial Arbitration Law. It further analyzes the timing, manner, and legal effects of such waiver.The findings of the study demonstrate that, by analogy with court judgments, two opposing but well-reasoned positions—affirmative and negative—may be advanced regarding the admissibility of waiving the right to challenge arbitral awards. Emphasizing party autonomy and the consensual nature of arbitration, and with a view to promoting and strengthening the arbitral process, the authors contend that it is appropriate to permit waiver with respect to certain grounds for annulment, while excluding such possibility in relation to others. The right to challenge an arbitral award may be waived through the arbitration agreement and prior to the expiration of the statutory time limit for challenge. Such waiver bars subsequent applications for annulment of the award, without precluding the statutory right to object to its enforcement. https://jlr.sdil.ac.ir/article_241262.html The right to development in the era of globalization is a multifaceted and dynamic concept that calls for a critical reassessment of international policymaking, trade regulatory frameworks, and the governance strategies adopted by states and transnational institutions. In confronting the dual nature of globalization its challenges and opportunities countries must implement effective mechanisms to uphold a balance between economic growth, justice, and national sovereignty. Recognized as a fundamental principle of human rights, the right to development is regarded as an indivisible entitlement aimed at advancing social justice and human dignity through sustainable means. Globalization has intensified the multilayered economic, social, and political interactions among states and transnational actors, generating new capacities for cooperation and development. Yet this integration has also led to the concentration of wealth, structural dependency among developing economies, and diminishing national autonomy in decision-making processes. This article undertakes a critical analysis of the right to development by examining its normative evolution within international legal discourse and exploring its practical realization in the context of globalization. It addresses three central questions: How has this right been defined and reinterpreted in international law? What are the implications of globalization for its implementation in the Global South? And what legal, economic, and institutional barriers continue to obstruct its fulfillment? By deploying an interdisciplinary and analytical approach, this study contributes to a deeper understanding of the tensions and prospects that shape the pursuit of development as a human right in an interconnected world. https://jlr.sdil.ac.ir/article_241371.html Despite the widespread use of distribution contracts in Iranian trade, the legal nature and obligations of the parties to them have not been clearly clarified in the country's legal system and are faced with many ambiguities. This research aims to analyze the rights and obligations of the parties to a distribution contract in light of the requirements of competition law. The research method is descriptive-analytical and uses library resources. The findings show that the distribution contract in Iran lacks a clear legal framework and does not fit into the framework of traditional fixed contracts until the amendments to the Commercial Law are approved. Therefore, identifying its nature requires resorting to the principle of the rule of will (Article 10 of the Civil Code). Also, restrictive conditions in these contracts (such as determining the selling price and the non-compete clause) in the absence of valid economic justification can conflict with competition law and be identified as anti-competitive agreements. The results of the research show that this contract, as a contractual and foundational contract, requires careful regulation to maintain a balance between the interests of the supplier, distributor, and consumer. Ultimately, the development of comprehensive and coherent regulations for distribution contracts, considering the balance between contractual freedom and competitive requirements, is proposed as the main solution. https://jlr.sdil.ac.ir/article_241763.html For the exercise of a right, the legal capacity to act must exist . Bringing a case is an instance of exercising a right.; therefore, having such capacity is required for initiating a legal action. One essential condition of capacity is maturity (bulugh). Most jurists regard maturity as a prerequisite for the admissibility of a claim and hold that lawsuits—whether civil or criminal—filed by a minor are inadmissible. In property-related cases, the absence of legal incapacity due to prodigality (safah), meaning the possession of sound judgment (rushd), is also necessary. The Code of Civil Procedure does not independently define the conditions for hearing a lawsuit, but Clause 3 of Article 84 includes the plaintiff’s lack of capacity as a procedural bar, without distinguishing between pecuniary and non-pecuniary claims. This research, using a descriptive–analytical approach, examines whether a minor may file a civil or criminal lawsuit under Iranian law. It concludes that a claim filed by a minor, even one close to maturity, is inadmissible. However, in Islamic jurisprudence, certain acts of discerning minor (saghir mumayyiz( are considered valid. When a discerning minor has been wronged and seeks justice before a judge (particularly in criminal matters), the judge is obliged to follow up the case. In this situation, the minor acts merely as an informant, not a plaintiff. in Articles 70 and 71 of the Code of Criminal Procedure, which require the prosecutor to pursue the matter or appoint a temporary guardian to represent the minor. https://jlr.sdil.ac.ir/article_241774.html The criminal liability of legal persons is one of the most complex and controversial topics in contemporary criminal law. With the expansion of legal entities' activities and their impact on public order, the issue of attributing crimes—especially intentional crimes—to these entities has gained significant importance. Criminal liability is generally contingent upon the commission of a crime, whether intentional or unintentional, but this issue is particularly prominent in the domain of intentional crimes. In Iran’s legal system, Article 143 of the Islamic Penal Code (IPC) of 2013 formally recognizes the criminal liability of legal persons. However, the silence of the legislator regarding the attribution of intentional crimes to legal entities has led to divergent legal opinions. Some scholars argue that such crimes, due to their inherently individualistic nature and the requirement of personal intent and will, cannot be ascribed to legal persons. Conversely, others believe that collective will and organizational policies can serve as the foundation for establishing the criminal liability of legal persons. This study, employing an analytical-descriptive method and a comparative legal approach, examines the feasibility of attributing intentional crimes to legal persons. While these crimes are inherently individual-centric, an analysis of comparative legal practices and certain interpretations of domestic laws suggests that under specific frameworks, the recognition of legal persons’ criminal liability for intentional crimes is possible. Accordingly, this research analyzes fundamental legal concepts and relevant legal systems to explore the existing legal capacities and propose solutions for clarifying the legal status of legal persons concerning intentional crimes. https://jlr.sdil.ac.ir/article_241861.html In recent decades, the concept of “good governance” has gained prominence as a cornerstone of sustainable development, human dignity, and the realization of democracy within international law discourse. Emphasizing principles such as transparency, accountability, justice, participation, and the rule of law, this concept is not merely an administrative tool but a legal mechanism for ensuring the fundamental rights of citizens. This article aims to examine the legal status of the “right to good governance” under international law by analyzing relevant documents and practices, with a particular focus on two key components: transparency and anti-corruption. These two dimensions serve as essential prerequisites for the realization of other governance indicators, playing a vital role in controlling power, strengthening public trust, and enhancing the legitimacy of governments. The research adopts a descriptive–analytical methodology, drawing on legal instruments such as the UN Code of Conduct for Public Officials, anti-corruption declarations, the Palermo Convention, and the United Nations Convention against Corruption (UNCAC). Findings indicate that although the phrase “right to good governance” has not been explicitly institutionalized in binding international texts, it can be conceptualized as an emerging right—derivative of and interconnected with other fundamental human rights—through systematic interpretation of core principles such as access to information, justice, and state responsibility. In light of this analysis, the persistent gap between states’ international commitments and domestic implementation represents a critical challenge—particularly in developing countries—highlighting the urgent need to reform oversight structures, enhance institutional transparency, and institutionalize the right to public access to information. https://jlr.sdil.ac.ir/article_242250.html This article uses a descriptive-analytical method to conduct a comparative study of the structural and legal challenges in the two Islamic endowment institutions in Iran and trusts in the United States, and through pathological analysis, it sheds light on the weaknesses in the system for protecting and supervising endowment or trust assets. In Iran, although endowment is a long-standing institution with jurisprudential support, weaknesses in policymaking, inefficiency of supervisory institutions, and legal loopholes have made it vulnerable to crimes such as land grabbing, forgery, collusion, and hostile takeover. The most important challenges include the lack of specific criminal laws, the lack of criminalization of emerging behaviors, institutional interference, and the lack of transparent information infrastructure. On the other hand, the trust system in the United States, despite its effectiveness in circumventing "probit" and protecting privacy, has become a breeding ground for tax evasion and violation of beneficiary rights due to weak supervision and state diversity.Both systems suffer from three common weaknesses: lack of effective oversight, imbalance between authority and accountability, and lack of information and support infrastructure. Using a criminological and descriptive-analytical approach, the article emphasizes the need for multidimensional reforms in laws, supervisory structures, and management practices to ensure the security, transparency, and effectiveness of endowment and trust assets, and considers the relationship of these institutions to justice, public trust, and transparency as the key to their sustainability https://jlr.sdil.ac.ir/article_242252.html The Human Rights Council's Commissions of Inquiry function as crucial non-judicial mechanisms through a model of "mediated supervision." By producing credible legal knowledge, they empower a network of actors—including courts, political bodies, and civil society- and through normative pressure, they pave the way for state accountability. The Commission of Inquiry on the Occupied Palestinian Territories, established in 2021, exemplifies this function. It has generated credible knowledge by documenting recurring violation patterns, structurally analyzing Israeli policies, and employing progressive legal characterizations, including examination of the apartheid charge. Its integrated approach, combining international human rights law and international humanitarian law, provides a comprehensive framework for analyzing prolonged occupation.In the network activation stage, the Commission's findings have empowered institutions like the International Criminal Court and the International Court of Justice by providing credible legal data for addressing the Palestine situation. The Gaza case study demonstrates how the Commission has challenged dominant legal narratives through integrated analysis of the siege, documentation of patterns violating distinction, proportionality, and precaution principles in recurring military operations, and by framing the "continuum of conflict" as a system of structural violence.Despite limitations such as Israel's persistent non-cooperation, the Commission has played a catalytic role in shifting international discourse- reframing the issue from "conflict" to occupation and apartheid- and strengthening accountability processes before international judicial bodies. https://jlr.sdil.ac.ir/article_242400.html Technological developments in recent decades, especially in the field of artificial intelligence, have fundamentally changed the nature of armed conflicts. Artificial intelligence-based systems in the areas of target identification, big data analysis, combat drone guidance, automated defense systems, and cyber operations have become major players on the battlefield. The 12-day war against Iran is a striking example of the widespread use of intelligent tools in the management and execution of military operations, the analysis of which can open new horizons in understanding the relationship between new technologies and criminal law. The main issue of the present research is what consequences the use of artificial intelligence in the 12-day war has in the field of criminal liability from the perspective of the foundations and principles of domestic and international criminal law, and whether the existing frameworks are responsive to these developments or require legislative and interpretative revision. The findings of the study show that although AI can increase operational accuracy, ambiguity in the decision-making chain, the possibility of algorithmic errors, and reduced human oversight create serious challenges in establishing malicious intent, predictability of outcomes, and attribution of criminal behavior. Existing legislative gaps have also made the criminal accountability of designers, military commanders, and governments unclear. The present study, using a descriptive-analytical method and relying on library resources and legal documents, seeks to explain the existing gaps and provide suggestions for ensuring the principle of accountability and protecting fundamental rights in the era of algorithmic warfare. https://jlr.sdil.ac.ir/article_242431.html The process of imposing and implementing unilateral sanctions outside the framework of the United Nations has increased in recent decades. At the same time, there remains disagreement among states regarding the principle and scope of the legal legitimacy of unilateral sanctions. This raises the question whether, if a state considers such sanctions to be unlawful, international law possesses sufficient capacity to confront unilateral sanctions and what challenges, from the perspective of international law, stand before target states in their efforts to respond. This question may be addressed at two levels: the level of legal foundations and the level of international institutions. At the level of legal foundations, various principles and rules may be invoked to challenge unilateral sanctions. At the institutional level, political, economic, and legal international institutions possess capacities that may be utilized in efforts to counter unilateral sanctions. In addition, many countries have enacted domestic legislation to protect their companies and commercial actors against extraterritorial sanctions. Nevertheless, it appears that due to certain deficiencies within international law, as well as the lack of alignment between the capacities of international law and the realities of the international economy, legal measures adopted to counter unilateral sanctions have thus far not achieved sufficient success. https://jlr.sdil.ac.ir/article_242520.html The phenomenon of “pride in crime” is an unusual manifestation of criminal behavior in which the individual not only feels no remorse for committing a crime but also considers it a source of pride, power, or superiority. This attitude is considered a manifestation of psychological neutralization techniques and a form of value inversion, which contradicts ethical principles and social norms. It can impede the effective rehabilitation of offenders and may even undermine the deterrent function of punishment.The objective of this research is to analyze the psychological and criminological characteristics of offenders who boast of their crimes, to explain the factors contributing to this phenomenon, and to examine the challenges faced by the justice system in handling their cases. The research method is descriptive-analytical, with data collected from library resources.Theoretical findings indicate that the emergence of pride in crime is typically the result of an interaction across three levels. First, the psychological level, which is associated with traits such as narcissism, antisocial behavior, and a weak moral conscience. Second, the social level, where deviant environments reinforce criminal values. And third, the cultural level, where certain subcultures regard law-breaking as a sign of courage. The interplay of these levels complicates decision-making for courts in cases involving such individuals.The results of this analysis can be utilized in designing preventive policies, reforming the attitudes of offenders, and developing effective rehabilitation programs within the criminal justice system. https://jlr.sdil.ac.ir/article_242569.html Objective:This study aimed to comprehensively evaluate Iran's "Crime Prevention Law" from both theoretical and practical perspectives and to conduct a comparative analysis with Turkey's successful model.Method:This study utilized a mixed-methods approach. On one hand, the level of compliance of Iran's "Crime Prevention Law enacted in 2015" and Turkey's "National Crime Prevention Strategy (2017)" with the seven substantive United Nations principles was measured. On the other hand, the statistical trends of theft and assault crimes before and after the enactment of these laws were analyzed based on data from the Iranian Statistical Center and the Turkish Statistical Institute.Findings:Content analysis revealed that Iran's law lacks compliance with the key principles of "evidence-based approach," "development-oriented approach," "justice-based approach," "accountability," and "non-penal prevention," and only has partial compliance in "participation." In contrast, Turkey's strategy shows high compliance with these principles. The gap in statistics is evident: Iran experienced a 323% increase in theft rates (2006-2023) and stabilization of assault cases at around 591,000 annually, whereas Turkey experienced a 21.6% decrease in home burglaries and a 25% decrease in street fights in pilot areas. https://jlr.sdil.ac.ir/article_242859.html AbstractThis article examines the impact of corporate mergers, divisions, and conversions on the arbitration clause from a legal perspective. Arbitration, as an alternative dispute resolution method, must maintain validity and stability similar to official judicial authorities. With the expansion of commercial activities and societal development, the need to align legal rules with contemporary demands has increased, prompting commercial entities to adopt strategies such as mergers and conversions to survive and enhance competitiveness. These changes can have extensive legal effects on companies' obligations and agreements with contract parties, also influencing arbitration. Thus, the primary focus of this research is to examine the status of the arbitration clause following a merger, division, or conversion of a company and the possibility of its continuation or termination. This study, through analyzing legal principles and existing perspectives, demonstrates that arbitration, as a binding agreement governed by the principle of contract necessity and freedom, can be transferred to the new company upon changes in corporate legal personality, unless explicitly stated otherwise in the contract. Additionally, as a contractual clause, arbitration does not directly depend on the parties' personal identity and should extend to the new contracting party. Supported by the principles of contract stability and commercial security, this analysis advocates for the transfer of arbitration clauses to new companies within merger and conversion processes.Keywords: Arbitration clause, merger and division of commercial companies, judiciary cession, arbitration stability, Subrogation. https://jlr.sdil.ac.ir/article_242950.html Blockchain technology, as one of the transformative innovations in the financial and commercial fields, has enabled transparency, security, and speed in international exchanges. One of the novel applications of this technology is the development and use of "digital checks," which can revolutionize international payment, authentication, and settlement processes. This research comparatively examines the implementation and application status of blockchain and digital checks in Iran and the European Union within the context of international trade. The main question of this research is: What are the policy, technical, and legal differences and similarities between Iran and the European Union in the use of blockchain technology and digital checks in international trade? The aim of the research is to clarify Iran's position compared to the European Union in the field of using blockchain and digital checks and to provide solutions for more effective use of these technologies in international trade. The research method is descriptive-analytical with a comparative approach. Data has been collected through the study of documents, laws, scientific articles, and official reports, and then analyzed using qualitative content analysis. The findings show that the European Union, by adopting coherent legal policies, advanced technical infrastructure, and cooperation among financial institutions, has been able to create a reliable framework for the use of blockchain in payments and digital checks. In contrast, although Iran has taken steps in the field of designing electronic checks and examining the application of blockchain, it faces challenges such as legal gaps, international restrictions, and weaknesses in communication infrastructure. https://jlr.sdil.ac.ir/article_243110.html Autism spectrum disorder is a complex neurodevelopmental condition that can affect an individual’s understanding of their actions and their ability to control behavior. From a comparative law perspective, examining its role in determining criminal capacity and responsibility is therefore important.In Iranian criminal law, criminal capacity is based on discernment and free will, and impairment of these faculties may lead to exemption from liability or mitigation of punishment. However, Iranian law does not explicitly address autism, leaving its impact on criminal responsibility to forensic psychiatric assessment and judicial discretion.By contrast, the U.S. legal system gives autism a clearer position in criminal proceedings through case law and psychiatric standards. Autism may be raised as a defense under criminal insanity or diminished capacity, and many states favor rehabilitative and treatment-oriented responses over traditional punishment.Overall, while both systems seek criminal justice and respect personal responsibility, the U.S. approach provides more specialized safeguards, whereas Iranian law would benefit from clearer regulations and greater reliance on psychiatric evaluations. https://jlr.sdil.ac.ir/article_243160.html Despite the many benefits it has in facilitating communication and accelerating data transfer, the expansion of cyberspace has led to the creation of new phenomena that sometimes cause many harms. Considering that modeling is basically a professional job that also has its own specific requirements, the entry of children into this field leads to many losses. Therefore, considering that it is usually the child's parents who push him towards modeling, this research seeks to answer this key and important question: if a child is harmed due to modeling in cyberspace, how are parents responsible for it? In this research, the main question will be answered by examining the existing legal and jurisprudential foundations in the field of civil liability and raising doubts about the lack of civil liability of parents, while raising the harms caused by modeling. The findings of this research show that parents, as legal guardians of children, are responsible for protecting the rights and health of their children and must be held accountable if harm is caused to the child. Finally, this research emphasizes the need to formulate comprehensive and transparent laws regarding children's activities in cyberspace, increase parental awareness, and monitor social networks more closely to prevent harm caused by child modeling and fully protect their rights. The present research is written with a theoretical approach and a descriptive-analytical method based on library data https://jlr.sdil.ac.ir/article_243312.html Licenses serve as the means for implementing and developing the open-source theory by international open-source institutions. Among these, open-source licenses have rapidly evolved with a flexible approach, and their legal issues, particularly concerning the legal system of our country, have been less analyzed and scrutinized. In this article, employing an applied research approach and a library-based method by analyzing the legal evolution of the development of open-source theory from software to biotechnology, and comparing open-source licenses in these two fields as well as examining the types of licenses within them, we have endeavored to scrutinize the specific terms of open-source biotechnology licenses and their effects, considering their feasibility in Iranian law.According to the results of this research, open-source biotechnology licenses are distinguished in terms of financial model, exclusive rights, ownership and access to the source code, and the right to modify and develop. While the application of open-source principles in the software field primarily relies on contractual freedom in licenses, in the biotechnology field it faces numerous restrictions. The necessity of free access to innovative information, biological materials, and tools required for innovation, non-assertion of intellectualproperty rights, non-liability for infringement of third-party rights, non-creation or transfer of said rights and other forms of property based on the open-source biotechnology license, and ultimately non-liability for consequences arising from the use of biological materials under the license are the specific terms of open-source biotechnology licenses, whose effects are discussed at the level of contracting parties and towards third parties. https://jlr.sdil.ac.ir/article_243510.html With the proliferation of asymmetrical conflicts and non-state actors' access to novel technologies, bioterrorism has become one of the most complex threats to international peace and security. Employing a descriptive-analytical method, the present study seeks to address the primary question: What capacities and loopholes exist within the systems of international law and international criminal law in confronting and suppressing the phenomenon of bioterrorism? The research hypothesis is predicated on the premise that although the evolution of international instruments—from the 1925 Geneva Protocol to UN Security Council Resolution 1540 and the Rome Statute—has provided an appropriate legislative foundation for criminalizing bioterrorism as a war crime and a crime against humanity, recent advancements in biology have undermined the efficacy of traditional, "material-centric" regimes. The research findings indicate that effectively countering this threat strongly necessitates the development of "data-centric" norms, the establishment of binding verification mechanisms for dual-use research, the disruption of terrorist financial arteries, and the comprehensive harmonization of states' national criminal laws. https://jlr.sdil.ac.ir/article_243746.html Construction and oil projects, due to their technical complexity and high-risk nature, represent one of the most challenging contexts for applying the general theory of civil liability, as the occurrence of damage does not necessarily imply blameworthiness or normative attribution. The core issue in technical disputes is not the principle of liability itself, but the identification of the relevant custom and the manner in which specialized standards operate within the normative structure of liability. Exclusive reliance on general custom may lead to misidentification of fault and a shift toward a quasi-strict liability model. Adopting a descriptive-analytical approach grounded in Imami jurisprudence, legal doctrine, and judicial practice, this study examines the position of “engineering custom” as a specialized professional norm governing technical conduct. The findings demonstrate that, provided it satisfies the requirements of Sharia legitimacy, technical rationality, and professional acceptance, engineering custom operates at three structural levels: first, as the benchmark of the “reasonable specialist in similar circumstances” for establishing or negating professional fault; second, as a mechanism for limiting the normative attribution of harm in cases involving multiple causes and inherent project risks; and third, as a criterion for assessing justificatory grounds, including benevolent intervention, necessity, and adequate warning. Accordingly, the legal effect of engineering custom manifests in the negation of fault, limitation of attribution, or recognition of a justificatory ground. The article concludes by proposing a three-stage judicial framework to enhance coherence, transparency, and predictability in technical liability adjudication. https://jlr.sdil.ac.ir/article_243761.html Legal reasoning frequently relies on concepts without clear boundaries. Classical binary logic cannot adequately represent such “open‑textured” standards. This study explores “Fuzzy Logic” as a framework to bridge the rigidity of law and the fluidity of reality.Adopting an analytical-critical approach, this paper examines computational and qualitative dimensions of applying fuzzy logic in legal reasoning. First section demonstrates how algorithmic modeling - via membership functions and fuzzy rules - aligns “fact description” and “inference” with gradual legal realities. Second section shifts focus to methodological (qualitative) level, analyzing the model's capacity to manage "hard cases" in light of Hart and Dworkin's theories. In this context, by re-examining the "conflict of ownership rights" ( Article 132 of Civil Code), mechanism of "argumentative calibration" is elucidated as a qualitative alternative to numerical weighting. Finally, through a pathological analysis of this approach, fundamental challenges such as "judicial legitimacy" and risk of “subjectivity” are critiqued, and solutions to overcome these obstacles - like consensus-building - are addressed.Findings indicate that transition from a binary view to a logic of degrees facilitates "transparent management of vagueness" in hard cases. Consequently, key contribution of fuzzy approach is providing a "transparent analytical map" of decision-making process wherein judicial discretion is not eliminated but rendered structured. The ultimate objective is to define role of fuzzy thinking as a "complementary methodology" and a "roadmap for the future" that, without claiming to replace human judgment, assists in enhancing accuracy and fairness in legal reasoning. https://jlr.sdil.ac.ir/article_244094.html The objectives of the research are: to explain the concept, pillars, and fundamental characteristics of a high-quality judicial opinion; to analyze the conceptual and practical distinctions between 'reasoning' and 'substantiation' in the adjudication process; to critique and examine proposed structures for opinions and to introduce the most effective one; and to present a structured model for drafting opinions. A qualitative opinion must possess four key characteristics: being substantiated by valid legal sources; being reasoned, meaning it explains the process of inferring the conclusion from these sources and applying it to the subject matter of the case; being justified, serving as a logical and rational vindication of the reached conclusion compared to alternative solutions; and being well-grounded, meaning it relies on objective evidence. From a formal perspective, opinions must also possess clarity, simple and universally understandable language, visual appeal, and editorial correctness. A three-part model consists of: Introduction; Reasoning section; and Conclusion or dispositive section. Although this model is informally observed in Iranian courts, it often faces challenges, particularly in the reasoning section, such as insufficient analysis, formulaic writing, use of complex technical jargon, and weak logical connection between factual and legal matters. Adherence to this structural model and enriching the reasoning content of opinions will facilitate oversight by higher authorities and reduce the rate of overturned decisions. Furthermore, it will enhance the persuasiveness of rulings for the parties involved, promote the development of judicial precedent, enable dynamic interpretation of laws, and ultimately strengthen public trust in the judicial system. https://jlr.sdil.ac.ir/article_244097.html The rule of "exhaustion of local remedies" is a key principle of procedural law in the international human rights system, requiring complainants to pursue all domestic legal procedures before resorting to international bodies. However, the mere existence of domestic remedies does not guarantee genuine access to justice, necessitating criteria to evaluate their practical usability.This article, using a descriptive-analytical method and systematic study of the African Commission on Human and Peoples' Rights case law, examines how the exhaustion rule is interpreted within the African regional human rights system. Although the three criteria of availability, effectiveness, and sufficiency have been previously raised in the Commission's practice, the main innovation lies in presenting a systematic and categorized analysis of these criteria for the first time in Persian legal literature, while elucidating their role in balancing national sovereignty and human rights.The findings indicate that the African Commission has transformed the rule from a mere procedural requirement into a functional tool by adopting a dynamic, pragmatic, and victim-centered approach. The application of exceptions—such as lack of judicial independence, unreasonable delays, widespread insecurity, economic inability of complainants, structural inefficiency of the judicial system, and impossibility of effective redress—reflects this conceptual shift. This transformation ultimately underscores the necessity for the Commission to draft a General Comment to consolidate this progressive jurisprudence. https://jlr.sdil.ac.ir/article_244204.html The Central Bank of the Islamic Republic of Iran, as a pivotal institution in the country's monetary and financial system, plays a vital role in regulating monetary policies, maintaining price stability, supervising the banking system, and supporting macroeconomic goals. This institution, which operates in accordance with the country's monetary and banking law, operates under the supervision of the three branches of government and in line with the general policies of the Islamic system. The position of the Central Bank in the Islamic Republic of Iran can be examined from two legal-structural and functional-economic perspectives. From a legal perspective, although this bank operates independently, it operates within the framework of laws approved by the Islamic Consultative Assembly and policies determined by the Supreme Council for Money and Credit, and has close coordination with the executive branch. From an economic perspective, the Central Bank is responsible for controlling inflation, managing the exchange rate, regulating the money supply, and monitoring the health of the banking network. In the Islamic Republic system, in addition to its conventional duties, the Central Bank is required to comply with Islamic standards in banking operations (such as eliminating usury and promoting Islamic taxation) and supporting national production. Also, in light of international sanctions, this institution has played a key role in managing foreign exchange transactions, developing alternative payment methods (such as the Islamic financial system and domestic cryptocurrencies), and reducing dependence on the global financial system. https://jlr.sdil.ac.ir/article_244266.html Abstract In recent years, regional developments and political disputes between Iran and the United Arab Emirates (UAE) have introduced a new issue into the economic relations of the two countries: the adoption and implementation of a series of unilateral sanctions by the UAE against Iran. These sanctions, imposed under security, financial, and international justifications, could themselves become a catalyst for escalating disputes and creating new legal challenges between the two nations. The UAE’s sanctions regime, unlike the extensive models of the United States or the European Union, does not possess a vast and independent sanctions list; rather, it operates through three primary channels: the implementation of UN Security Council resolutions, the national terrorist list, and informal compliance with Western sanctions. Adopting a descriptive-analytical approach and utilizing library and documentary sources, this article evaluates the legal system of UAE sanctions against Iran in light of international law norms. The research findings indicate that the UAE sanctions regime—comprising federal laws, cabinet resolutions, executive circulars, and technical manuals—has created a multi-layered framework that, while fulfilling international obligations, transcends them to impose extensive restrictions on Iran-related economic activities. From the perspectives of state sovereignty, non-intervention, jurisdiction, countermeasures, and human rights, this system faces serious legitimacy challenges https://jlr.sdil.ac.ir/article_244468.html Objective: This article examines the link between the international responsibility of states and the right to development within the framework of the "Draft Articles on Responsibility of States for Internationally Wrongful Acts" (2001), aiming to assess the feasibility of holding states accountable for violations of this right.Method: Adopting an analytical and interpretative approach, this research investigates the topic through the study of international instruments (notably the 1986 Declaration on the Right to Development), analysis of the Draft Articles on State Responsibility, and a review of relevant doctrinal perspectives and jurisprudence (such as the African Commission's ruling in the SERAC v. Nigeria case).Findings and Conclusion: The findings indicate that while, from a theoretical perspective, a violation of obligations arising from the right to development (particularly the duty of international cooperation) can be framed as an "internationally wrongful act," and the general international law of state responsibility provides a legal basis for accountability, significant practical challenges impede its realization. The primary obstacles include: the absence of a specific, binding treaty on the right to development; the lack of a competent international judicial body for specialized adjudication; the ambiguity surrounding practical mechanisms for reparations for developmental harm; and political resistance from powerful states against the emergence of such responsibility. Consequently, transitioning from theoretical possibility to practical reality requires strengthening the normative status and institutionalization of the right to development within the international system. https://jlr.sdil.ac.ir/article_244469.html In the digital age, domain names have become vital tools for identifying and accessing internet resources. However, disputes arising from abuses such as cybersquatting and typosquatting have created significant legal challenges. The Uniform Domain Name Dispute Resolution Policy (UDRP), established by the World Intellectual Property Organization (WIPO), was designed as an efficient framework for addressing such disputes. This policy is founded on three primary criteria: the domain name being confusingly similar to a trademark, the domain holder lacking a legitimate right or interest, and the domain being registered and used in bad faith. An analysis of key WIPO cases reveals that the arbitration practice in this area seeks to strike a balance between protecting intellectual property rights and preventing online abuses. These decisions highlight the importance of trademark fame and its role in establishing bad faith. Despite the advantages of the UDRP, such as speed and low cost, challenges persist, including the difficulty of proving bad faith and the limitations of non‑in-person proceedings. Refining the guidelines for assessing bad faith and increasing transparency in the arbitration process could strengthen this system. Ultimately, as an effective mechanism for resolving domain name disputes, the UDRP plays a key role in safeguarding intellectual property rights in the digital space. https://jlr.sdil.ac.ir/article_244750.html Artificial intelligence in medicine has transformed the methods of diagnosis, treatment, and clinical decision-making at an unprecedented pace. The use of disease diagnosis approaches and machine learning systems has provided the ability to analyze medical data, increasing the accuracy of diagnosis and accelerating the treatment process.However, the increasing dependence of physicians on the decisions of these systems has raised questions about the limits and bases of their civil liability in the event of an error. The research method of this study is analytical-descriptive and is structured around answering this question.Who should be held responsible if an error occurs in the AI-based diagnosis or treatment process, and on what basis can one distinguish between human error and technological failure? The research findings indicate that the physician's liability should be determined based on the standard of professional caution in using the technology and the degree of reliance on the system's output.Also, the technology manufacturer will be independently liable in the event of design flaws, data bias, or lack of adequate warnings about access limitations. https://jlr.sdil.ac.ir/article_244751.html This article primarily examines the legal status of a foreign woman following the dissolution of her marriage to an Iranian man and analyzes the possibility or obligation of her reversion to her original nationality under Iranian and French law. In traditional nationality systems, a woman’s nationality was generally dependent upon that of her husband; however, developments in human rights law and the recognition of the principle of gender equality have significantly transformed this approach.The purpose of this study is to conduct a comparative analysis of the legal foundations and consequences of reversion to original nationality after the dissolution of marriage, as well as to assess the extent of women’s autonomy of will in the two legal systems under consideration. The research adopts a descriptive–analytical and library-based methodology and, through the examination of statutory provisions, judicial decisions, and relevant international instruments, seeks to identify the similarities and differences between Iranian and French law. https://jlr.sdil.ac.ir/article_244960.html Marine oil pollution, with significant economic, environmental, and social impacts, requires an effective civil liability system. This study employs the Law and Economics approach, particularly Steven Shavell’s framework, to analyze and redesign Iran’s civil liability regime for oil pollution. Findings indicate four main deficiencies: absence of clear strict liability, low and unrealistic compensation limits, liability limited to shipowners, and lack of a supplementary financial mechanism. Comparative analysis of the international regime (CLC/FUND) and BRICS countries demonstrates that their relative success stems from systematic application and domestic adaptation of Shavell’s efficiency principles. Accordingly, the study proposes a three-tier model: (1) enacting a comprehensive maritime environmental liability law with conditional strict liability and dynamic compensation caps; (2) resilient institution-building including a national compensation fund and specialized arbitration board; and (3) phased and balanced accession to international conventions. Implementing this model can shift Iran’s system from reactive governance to proactive and resilient management of oil pollution risks. https://jlr.sdil.ac.ir/article_245413.html Avoidance of a sales contract, as the ultimate remedy for breach of obligations, terminates the contract. The CISG, in Articles 49 and 64, makes avoidance conditional upon a fundamental breach or failure to perform within an additional period, thus preferring survival of the contract over termination. In Iranian law, avoidance is also contrary to the general principle, and the Civil Code emphasizes specific performance, treating avoidance as the last resort. Adopting a comparative-analytical method and examining judicial decisions, this paper analyzes the conditions for avoidance under the CISG and compares them with Iranian law. The findings show that both legal systems share the exceptional nature of avoidance, but differ fundamentally in two respects: first, the con-cept of fundamental breach is not provided for in Iranian law; second, while the CISG requires notice of avoid-ance as a condition for its effectiveness, Iranian law does not consider notification as a prerequisite. The innova-tion of this paper is presented at two levels: offering a practical four-step test for identifying fundamental breach in the Iranian legal system, which courts can use as an immediate solution without any need for legislative amendment; and proposing two amending provisions to the Civil Code, namely the addition of new Article 238bis and the amendment of Article 402, based on the CISG model, as a long-term structural solution. Togeth-er, these two levels of proposal will significantly contribute to the uniformization of judicial practice and the fill-ing of the legislative gap in Iranian law. https://jlr.sdil.ac.ir/article_245417.html The principle of honesty, as one of the fundamental pillars of fair trial, requires litigants to act in good faith in all stages of the litigation process and to refrain from adversarial actions and abuse of judicial facilities. Despite the important position of this principle in advanced legal systems, Iranian law has not independently and coherently addressed the guarantees for its violation. The present article aims to analyze the guarantees for violating the principle of honesty in Iranian civil procedure and to identify the challenges ahead. This research, using a descriptive-analytical method, examines the concept and examples of violation of the principle of honesty (such as filing a frivolous lawsuit, concealing the truth, and intentionally delaying the proceedings), and studies the relevant legal bases in the Civil Procedure Code and judicial practice. The research findings show that although in Iranian law, guarantees such as conviction for litigation damages, dismissal of the lawsuit, and sometimes disciplinary guarantees can be applied, the existing legal system faces fundamental challenges, including the lack of a precise legal definition of concepts such as "frivolous lawsuit" and "bad faith," the dispersion of regulations, and cautious judicial practice. Also, the powers of the courts to apply guarantees commensurate with the severity of the violation, especially final guarantees such as issuing a dismissal order, face serious ambiguities. https://jlr.sdil.ac.ir/article_245680.html his research offers a reappraisal of Hannah Arendt’s critique of the universality of human rights, examining the nexus between human rights, political membership, and the possibility of exercising rights through the lens of statelessness. The central inquiry of the article explores why human rights—despite their claim to universal applicability—lose their practical efficacy in the absence of a defined political order and the status of citizenship. Within this framework, Arendt’s concept of the “right to have rights” demonstrates that the deprivation of political membership precludes individuals from appearing in the public sphere and effectively exercising their rights. From this perspective, the crisis of human rights is not merely a result of institutional weaknesses but is rooted in the fundamental cleavage between “man” and “citizen” within the modern legal tradition. Employing an analytical-descriptive approach, this study shows that Arendt’s critique challenges the abstract universality of human rights, emphasizing that the actualization of rights is inherently tied to political inclusion and membership in a political community. Finally, the article briefly discusses the theoretical extensions of this critique in contemporary thought, specifically in the works of Giorgio Agamben and Jacques Rancière. https://jlr.sdil.ac.ir/article_245769.html The emergence of digital platforms has given rise to a new, hidden form of child labor under the rubric of "child influencers". In this model, the boundary between "play" and "work" within the domestic sphere is blurred. Adopting a descriptive-analytical and comparative methodology, this study examines the shortcomings of Iranian labor law in addressing this phenomenon and proposes legislative solutions. The findings indicate that Iranian law, due to its focus on the "physical workplace" and "traditional subordinate relationships," lacks the capacity to regulate children's digital labor. Conversely, a comparative study of European supranational law and French domestic law reveals a multi-layered network. Specifically, the jurisprudence of the European Court of Human Rights on children's privacy and right to image, alongside strict European Union standards aligned with the General Data Protection Regulation (GDPR) and Court of Justice (CJEU) rulings establishing the right to be forgotten, provide the necessary framework to curb the economic exploitation of minors. Influenced by this supranational context, the 2020 French Law provides an effective model by distinguishing recreational from economic activities, establishing an administrative licensing system, creating an "escrow account" to preserve the child's earnings until majority, and guaranteeing the right to be forgotten. Accordingly, it is recommended that Iran reform its legislation by drawing inspiration from these frameworks, recognizing children's digital labor, and establishing financial monitoring, licensing, and digital identity protection mechanisms to safeguard the future of these children. https://jlr.sdil.ac.ir/article_245942.html The expansion of information and communication technologies (ICT) and the increasing reliance of states on digital infrastructure have transformed cyberspace into one of the most critical domains for national security, economic stability, and political sovereignty. However, the transnational, decentralized, and borderless nature of cyberspace has posed fundamental challenges to the traditional principles of international law, particularly state sovereignty and the principle of non-intervention.Accordingly, the primary research question is: To what extent are international legal frameworks capable of regulating state behavior in cross-border cyber operations, and what challenges do these operations pose to the principles of sovereignty and non-intervention? In response to this question, the research hypothesis posits that although existing international law provides a foundational framework for regulating state behavior in cyberspace, the complex and transnational nature of cyber operations has subjected these rules to enforcement limitations, conceptual ambiguities, and legal lacunae. Consequently, the need for the progressive development of international cyber law is felt more than ever.Employing a doctrinal legal analysis and a comparative approach, this study examines international instruments, including the United Nations Charter and the Tallinn Manual 2.0. The research findings indicate that the fundamental rules and principles of international law, such as state sovereignty and the principle of non-intervention, exhibit more limited efficacy in cyberspace. Furthermore, divergent state perspectives regarding the threshold for sovereignty violations and cyber intervention have led to fragmentation in the application of legal rules, thereby increasing the risk of escalating cyber tensions. https://jlr.sdil.ac.ir/article_246334.html Armed conflicts have consistently entailed severe social, economic, and environmental consequences. In recent years, however, the concept of ecocide has attracted growing attention among scholars and experts in international law as a crime against the environment and natural resources. Ecocide refers to the commission of unlawful or wanton acts carried out with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment as a result of such acts. Despite the seriousness of this grave anti-environmental crime and the necessity of prosecuting its perpetrators, international law currently lacks a specific criminalization of ecocide.Employing a descriptive–analytical methodology and focusing on the war of the Russian Federation against Ukraine, this study examines the legal framework governing the commission of ecocide within the context of international law applicable to armed conflicts. The findings indicate that in the Russia–Ukraine war, deliberate acts such as the destruction of the Kakhovka Dam, the devastation of agricultural lands, and attacks on the Chernobyl and Zaporizhzhia nuclear power plants, along with the risks arising therefrom, may be considered potential instances of ecocide. The numerous environmental crimes committed during this conflict not only threaten the natural environment but also endanger food security, human health, and the survival of local communities. Moreover, the study emphasizes the importance of recognizing and prosecuting ecocide at both national and international levels and demonstrates that environmental protection during armed conflict should be treated as a distinct legal norm and an independent crime. Such a development would https://jlr.sdil.ac.ir/article_246500.html Legal realism is a major movement in contemporary legal theory that emerged as a critique of legal formalism and the notion that judicial decisions can be derived mechanically from legal rules. It argues that legal rules are often indeterminate and that judicial decisions are influenced by social, economic, political, and psychological factors, thereby highlighting the distinction between “law in the books” and “law in action.” The movement developed in two main branches: American legal realism, which concentrates on judicial behavior and the practical operation of courts, and Scandinavian legal realism, which adopts an empiricist and anti-metaphysical approach to legal concepts.Using a descriptive-analytical methodology, this study examines the principal tenets of legal realism and evaluates their relevance to the Iranian legal system. It analyzes Articles 167 and 20 of the Constitution, Article 3 of the Civil Procedure Code, and Clause 9 of the General Policies of Legislation from a realist perspective. The findings suggest that, despite the formal reliance of Iranian law on legislation and Islamic legal sources, features such as judicial interpretation, reliance on custom, consideration of social needs, and recourse to authoritative Islamic sources in cases of legislative silence demonstrate affinities with legal realism. A balanced application of realist insights may therefore strengthen judicial effectiveness while preserving the rule of law. https://jlr.sdil.ac.ir/article_246501.html Over the past decades, the Engineering, Procurement, and Construction (EPC) model has dominated service contracts in Iran’s oil and gas industry. Originally designed for downstream, construction-oriented projects with limited uncertainty, EPC contracts have been applied even in complex, long-term upstream projects, mainly to ensure cost and schedule control. However, the inherent characteristics of oil and gas projects—such as technical complexity, environmental and economic uncertainties, extended asset lifecycles, and the need for continuous production over 15–20 years—indicate that EPC’s construction-only approach is inadequate to guarantee sustainable and economical performance.The Design–Build–Operate (DBO) model addresses these limitations by integrating operational responsibilities with design and construction. In this model, the contractor is not only responsible for delivering assets but also contractually bound to achieve operational results. This commitment shapes engineering decisions, technology choices, maintenance strategies, and operational conduct from the outset. Focusing on this distinct feature, the present paper analyzes DBO contract in three dimensions: the necessity of incorporating the operation phase, the contractor’s obligations to maintain performance, and the employer’s oversight of operational quality.Findings indicate that the DBO model—through performance indicators, continuous reporting, independent audits, and data-driven monitoring—enables real-time control and prompt correction of deficiencies. Thus, the contract evolves from equipment delivery to performance assurance. However, the model’s success depends on prerequisites such as clearly defined indicators, transparent oversight, and tailored incentives and guarantees. These must be thoroughly addressed before applying this model to oil and gas projects. https://jlr.sdil.ac.ir/article_246503.html The use of artificial intelligence as a tool to assist judges in the sentencing process has attracted growing attention in contemporary legal scholarship. Nevertheless, the practical implementation of this technology within existing ethical and political frameworks—particularly in non-ideal penal systems—has received comparatively limited examination. This study seeks to address this gap by drawing upon the recent work of Jesper Ryberg and exploring the feasibility of employing algorithmic decision-support systems in criminal justice.The analysis is based on two foundational assumptions. The first is the overpunishment hypothesis, which maintains that many criminal justice systems impose punishments that exceed what offenders morally deserve. The second is the status quo preservation hypothesis, according to which the institutional acceptance of algorithmic systems depends on their ability to operate without causing systematic disruption to the existing penal order. In response to the challenges posed by these assumptions, the study examines the Restricted Application Model as a four-stage operational framework for the use of algorithmic sentencing support.The originality of this research lies in its critical evaluation of this model and its assessment of both the opportunities and limitations associated with the gradual integration of decision-support algorithms into criminal justice systems. The findings suggest that the ethical legitimacy and practical feasibility of algorithmic sentencing depend not on replacing judicial discretion, but on carefully constraining the role of artificial intelligence within a human-centered decision-making framework. https://jlr.sdil.ac.ir/article_246605.html Abstract Objective: This article elucidates the pillars of establishing international responsibility for states supporting Israel, specifically the U.S. and the U.K., regarding ongoing violations of international law in the Gaza war. Citing reports on the breach of jus cogens norms, the research question examines how these states’ support creates international legal responsibility. The hypothesis posits that their military, political, and diplomatic assistance—provided with knowledge of the wrongful nature of the acts—constitutes “aid or assistance” under Article 16 of the Articles on State Responsibility (2001) and the Genocide Convention (1948).Method: Employing a descriptive-analytical approach, this study utilizes primary documents and international jurisprudence to analyze these states’ breaches of obligations, particularly in arms cooperation and the failure to fulfill the duty to prevent international crimes.Findings: The findings indicate that the continued transfer of weapons and the refusal to exert effective leverage to halt violations not only breach independent obligations but also satisfy the criteria for responsibility through complicity and “joint control” theories. The article concludes that the conduct of the U.S. and the U.K. establishes their international responsibility. Consequently, specific enforcement mechanisms are proposed, including the suspension of arms export licenses pursuant to the Arms Trade Treaty (2014) and the activation of international judicial jurisdictions to investigate participation in these wrongful acts. This analysis demonstrates that such support carries significant legal consequences, necessitating accountability to ensure compliance with international law and the protection of fundamental human rights. https://jlr.sdil.ac.ir/article_246608.html Incidental damage to cultural property remains one of the challenges of protecting such property under international humanitarian law (IHL). This issue was evident during the Ramadan War between the United States-Israel and Iran, in which several Iranian cultural properties, including Golestan Palace and Naqsh-e Jahan Square, suffered damage due to the secondary effects of powerful explosions. Employing a descriptive-analytical methodology and drawing on the Ramadan War as a case study, this research addressed this question: How does international law protect cultural property against incidental damage in armed conflicts? The findings indicate that IHL, at the intersection of the principles of distinction, necessity, proportionality, and precaution, establishes an obligation to prohibit excessive incidental damage to cultural property in relation to the anticipated concrete and direct military advantage. This is reflected in Additional Protocol I to the 1949 Geneva Conventions, the 1954 Hague Convention and its Second Protocol, and customary international law. Furthermore, violation of this obligation entails legal accountability from the perspective of the law of international responsibility and international criminal law. The facts of the Ramadan War demonstrate the infliction of excessive incidental damage on Iranian cultural property through the failure to observe the principles of proportionality and precaution. Such damage, while potentially constituting a war crime, also provides, under international responsibility, the possibility of claiming compensation from the offending states and receiving international assistance for reconstruction from relevant institutions. https://jlr.sdil.ac.ir/article_246972.html The extension of the legal effect of unauthorized (fuduli) sale to other contracts and unilateral legal acts remains a controversial issue in Islamic jurisprudence and Iranian civil law. Although the theory of “non-effectiveness” (suspension pending ratification) is widely accepted in the case of fuduli sale, its application to other legal acts still lacks a coherent and systematic framework, and existing responses are often fragmented and case-specific. The central question of study is whether the basis for non-effectiveness in a fuduli sale lies in the intrinsic nature of the contract of sale itself or in the absence of authority or permission at the time of formation. Accordingly, the research examines the extent to which this rule may be extended to other contracts and unilateral acts. Using a descriptive–analytical method and a comparative approach across Imami jurisprudence, the four Sunni schools, and Iranian positive law, this study aims to formulate a general criterion governing the extension or limitation of the fuduli doctrine. The findings indicate that the underlying rationale for non-effectiveness is the absence of authorization at the time of conclusion, rather than the specific nature of the sale contract. Therefore, the default rule supports extending this doctrine to contracts that are capable of representation and are not strictly personal in nature. However, in highly personal unilateral acts—most notably divorce—the extension of the fuduli doctrine is rejected due to their essential dependence on the authentic will of the right-holder. Consequently, the fuduli doctrine should be understood as a general yet qualified principle. https://jlr.sdil.ac.ir/article_247142.html This study examines the scope of judicial knowledge in establishing ḥudūd offences by analyzing the tension between two competing normative frameworks:the judge’s epistemic authority as a means of accessing factual truth,and the precautionary structure governing ḥudūd,reinforced by the principle of darʾ al-ḥudūd bi-l-shubuhāt,which restricts any expansion of evidentiary grounds.This tension becomes particularly significant in the Iranian legal system,where judicial knowledge is formally recognized alongside textual proofs,yet its boundaries remain insufficiently articulated,creating ambiguity that may undermine evidentiary coherence and judicial security.Using an analytical–inferential method,the research reconstructs the doctrinal foundations of Imāmī jurisprudence and critically evaluates statutory provisions to clarify the relationship between the epistemic validity of judicial knowledge and the divine-right nature of ḥudūd.The findings demonstrate that judicial knowledge in Imāmī thought has a dual function:while it may operate as a general epistemic pathway in taʿzīr offences,its role in ḥudūd is constrained by the dominance of precaution and the non-negotiable character of the punishments.Consequently, it can only serve as a tool for assessing the reliability of textual proofs rather than functioning as an independent evidentiary basis. The analysis of Iranian law further reveals that the undifferentiated expansion of judicial knowledge is inconsistent with jurisprudential principles and the philosophy of caution underlying ḥudūd, increasing the risk of discretionary adjudication. The study concludes that the validity of judicial knowledge in ḥudūd must be confined to evaluating and controlling textual evidence, and that legislative clarification is essential to preserve evidentiary coherence and reinforce judicial security. https://jlr.sdil.ac.ir/article_247227.html Financial regulation and tax system management in extractive industries, particularly the mining sector, have consistently encountered significant challenges due to the unique characteristics of this industry. Aiming to elucidate the role of economic tools and governance principles in the balanced reform of the mining taxation regime, this article analyzes the transition from a traditional, revenue-centric approach toward an effective governance model, alongside enhancing the accountability of the legal framework. Therefore, the role of influential economic instruments and models must first be examined, as efficient economic structures serve as the foundation for implementing good governance in this sector.Reform and innovation in financial tools, including the substitution of traditional tax exemptions with modern accounting mechanisms, represent a fundamental step in cultivating taxpayer trust and mitigating tax evasion. In this regard, transitioning to participatory taxation models can increase the voluntary compliance of operators by fostering informational transparency. At the governance level, realizing effective governance necessitates the integration of databases to improve accountability, prevent rent-seeking behavior, and control the prevalent under-reporting within this domain.Furthermore, an optimal governance system must guarantee environmental sustainability. This framework must also manage mining revenues through the implementation of prudent fiscal policies to avert phenomena such as the Dutch disease and the resource curse. Ultimately, this research seeks to demonstrate how tax system reform can drive a structural transformation in the mining sector—shifting it from a purely revenue-driven resource into a sustainable mechanism for both the government and investors, while concurrently safeguarding the public interest. https://jlr.sdil.ac.ir/article_247415.html The emergence of blockchain technology and smart contracts has fundamentally transformed contract law. As self-executing, computer-based protocols that operate automatically without intermediaries, smart contracts offer advantages such as speed and reduced costs, yet they pose serious challenges for dispute resolution. The central question is how traditional dispute resolution institutions can remain effective when contractual obligations are performed automatically and irreversibly through code. This descriptive-analytical study adopts a comparative approach, examining the legal systems of Iran and England. Findings indicate that English law, drawing on the flexibility of common law, the Arbitration Act 2025, and the UKJT Digital Dispute Resolution Rules, has established an effective framework for smart contract disputes. In contrast, the Iranian legal system suffers from a clear legislative vacuum and lacks coherent judicial practice; existing laws fail to address the self-executing nature of these contracts. The article concludes by drawing on England's experiences, offering recommendations for reforming Iranian law and designing a dispute resolution model tailored to smart contracts. https://jlr.sdil.ac.ir/article_247492.html The expansion of Internet of Things (IoT) technologies and the growing integration of digital systems with physical infrastructure have created new forms of cyber and cyber-physical operations in armed conflicts. These developments raise important legal questions regarding the classification of IoT-based operations as war crimes, the scope of individual criminal responsibility, and the attribution of criminal conduct in digital environments. Moreover, cyber anonymity, the use of semi-autonomous systems, the involvement of private actors, and the difficulty of distinguishing between technical, state, and criminal attribution have generated significant challenges for the application of international criminal law. This study examines the applicability of international criminal law, particularly the Rome Statute of the International Criminal Court, to IoT-based operations in armed conflicts and analyzes the legal foundations for attributing criminal responsibility to individuals involved in such operations. The research adopts a descriptive-analytical approach based on library resources and doctrinal analysis of the Rome Statute. The findings demonstrate that conduct such as indiscriminate cyber operations, attacks against civilian infrastructure and medical facilities, and large-scale destruction of property through IoT systems may constitute war crimes under international criminal law. The study further shows that the principal challenge lies in attributing criminal responsibility and reconstructing chains of decision-making and effective control within interconnected digital environments. It concludes that technological developments have transformed the organization and execution of military operations and that an effective legal response requires strengthened attribution mechanisms, enhanced digital evidence standards, and the preservation of meaningful human control in IoT-based operations. https://jlr.sdil.ac.ir/article_247895.html In the contemporary era, artificial intelligence-powered remote sensing satellites are increasingly utilized for purposes such as natural disaster management and environmental protection. Nevertheless, the use of this technology raises significant challenges concerning privacy and data protection. Advancements in remote sensing technology, improved image resolution, and the integration of artificial intelligence have increased the potential risks of infringing upon individuals’ privacy and personal data.At the international level, despite the existence of instruments such as the Outer Space Treaty and the Principles Relating to Remote Sensing of the Earth from Outer Space, there is still no specific legal framework directly addressing the misuse of satellites or privacy violations arising from remote sensing activities. In this regard, the present study seeks to examine the existing legal frameworks governing artificial intelligence-enabled remote sensing activities, personal privacy, and data protection within the United States and the European Union, both of which have undertaken legislative initiatives in this area.This research employs a descriptive-analytical method and relies on library-based data collection. The findings indicate how the existing legal and regulatory frameworks of the European Union and the United States can contribute to establishing an appropriate balance between the utilization of artificial intelligence-powered remote sensing satellites and the protection of privacy rights and personal data https://jlr.sdil.ac.ir/article_248014.html Imprisonment is a contested concept in criminal law and Islamic jurisprudence and therefore requires careful scholarly consideration. In Arabic usage, the term does not merely denote incarceration in a prison or confinement in a specific physical space; rather, it encompasses any form of restriction that prevents an individual from exercising personal freedom, whether in a home, a mosque, or another location. A comparative analysis of the definitions, functions, and applications of life imprisonment contributes to a clearer understanding of its legal and juristic scope and highlights the importance of conceptual precision in the use of legal terminology.This article adopts a comparative and analytical approach to examine the concepts of ḥabs (detention) and sijn (prison) in lexicographical, juristic, and criminal law sources in Iran and selected Arab countries. Drawing on documentary and library-based research, it analyzes the linguistic and juristic foundations of these terms and reviews selected criminal codes (including those of Egypt, Iraq, and Jordan) in comparison with Iranian legal literature. The study addresses whether the use of the term ḥabs necessarily implies confinement in a prison.The findings demonstrate that although ḥabs and sijn are often used interchangeably in Persian usage, Arabic legal systems and juristic texts maintain significant conceptual and functional distinctions between them. Recognizing this distinction is essential for accurate translation, sound legal interpretation, and proper legislative drafting, and plays a critical role in preventing expansive interpretations of criminal sanctions, particularly in cases of life imprisonment. https://jlr.sdil.ac.ir/article_248206.html The international community is increasingly confronted with a range of complex and interconnected challenges, including poverty, inequality, climate change, human rights violations, and evolving security threats. In response to these pressing concerns, the Pact for the Future 2024, adopted at the United Nations Summit of the Future, seeks to provide a comprehensive framework for collective action. By reaffirming commitments to multilateralism, human rights protection, sustainable development, and the advancement of scientific and technological innovation, the Pact aspires to offer states a strategic roadmap for effectively leveraging existing capacities and fostering a more sustainable and equitable global order. This study assesses the extent to which the Pact for the Future can meaningfully function as such a roadmap for states. The findings reveal that, notwithstanding its significance and relative comprehensiveness, the Pact is affected by a number of substantive limitations. Chief among these are the lack of robust and effective implementation mechanisms to ensure compliance with stated commitments, the weakness of binding and accountability-oriented enforcement instruments, and shortcomings in translating the document’s guiding principles into operational and actionable measures. These deficiencies risk undermining the practical realization of the Pact’s ambitions as well as its contribution to the achievement of the sustainable Development Goals. The analysis demonstrates that while the Pact constitutes an important step toward addressing contemporary global challenges, its transformative potential remains constrained in the absence of stronger implementation and institutional frameworks. Accordingly, this study acknowledges the document’s strengths while urging further refinement to enhance effectiveness. https://jlr.sdil.ac.ir/article_248377.html The principle of a public trial is one of the fundamental guarantees of a fair trial, which assumes twofold importance in political offenses due to the confrontation between the citizen and the state. Article 168 of the Constitution of the Islamic Republic of Iran emphasizes the public nature of proceedings for political offenses; however, Article 305 of the Criminal Procedure Code (2013), with the aim of accommodating the view of the Guardian Council, has restricted this principle to the exceptions set forth in Article 352 (such as public order and public morality). The present study, employing a descriptive-analytical method, examines the foundations and consequences of this restriction. Findings indicate that the Guardian Council’s approach faces three fundamental challenges: conflating the nature of political offenses with concepts such as public morality; expanding the jurisdiction of Sharia supervision to constitutional principles through a "prescriptive" (Insha'i) approach to Article 4; and disrupting the hierarchy of norms, which places the judge in an interpretive deadlock. To preserve the coherence of the legal system, it is essential to adopt a "declarative" (Ikhbari) reading of Article 4, wherein this article is merely deemed an a priori confirmation of the Islamic nature of the constitutional text. Finally, it is recommended that Article 305 of the Criminal Procedure Code be amended to restore the absolute application of Article 168, and that an interpretive opinion be issued by the Guardian Council to restrict the supervisory scope of Article 4 to ordinary laws. https://jlr.sdil.ac.ir/article_248417.html The expansion of the Internet and technological advancements has led to the increasing use of platforms that provide services similar to those offered by banks, including the extension of credit through “Buy Now, Pay Later” (BNPL) arrangements. This development reflects significant changes in consumer financing patterns and payment methods while giving rise to new legal and regulatory challenges. Much of the existing literature in banking law has focused on the analysis of traditional contracts and financial arrangements. Using a descriptive-analytical approach and relying on library-based sources, this article examines the implications of the emergence and growing adoption of BNPL services for the banking system and investigates whether Iranian law provides a comprehensive and coherent regulatory framework governing such services.The findings indicate that BNPL arrangements involve a multi-layered contractual structure among consumers, merchants, and BNPL service providers. The principal challenges associated with these services include the incorporation of unfair contractual terms, lack of transparency regarding fees and charges imposed on consumers, legal risks arising from the accumulation of debt across multiple BNPL providers, issues relating to collateral requirements, credit assessment mechanisms, and violations of consumer privacy. The study concludes that effective regulation of BNPL services in Iran requires an integrated regulatory approach under which the Central Bank is responsible for financial and prudential supervision, while a specialized consumer protection authority, alongside the Central Bank, oversees contractual transparency, the protection of consumer rights, and the handling of consumer complaints. https://jlr.sdil.ac.ir/article_250394.html The rapid advancement of artificial intelligence (AI) has transformed the regulation of this technology into a strategic challenge at both national and international levels. Aiming to formulate a systematic framework for the comparative analysis of AI governance, this study designs eleven key indicators to examine the regulatory status of five legal jurisdictions namely the European Union, the United States, China, Canada, and the Islamic Republic of Iran up to July 2026. The research methodology is based on a documentary and comparative analysis of regulations, bills, and policy documents. The findings indicate that the European Union, through its AI Act, maintains the most pioneering legal structure, although implementation challenges have delayed the enforcement of high risk requirements. Following its change of administration in 2025, the United States has adopted a deregulatory and competition oriented approach. Canada, in the wake of parliamentary suspension, remains without a federal AI law, and China continues to pursue a control oriented, security centric policy. In Iran, despite the ongoing deliberations regarding the national bill in the parliament, a legislative vacuum remains palpable. The innovation of this research lies in the introduction of the Regulation Maturity Index (ARMI), a composite index that enables the conversion of qualitative analyses into numerical rankings and facilitates the longitudinal monitoring of legal systems. By conducting a gap analysis, this paper offers concrete strategic recommendations for drafting Iran’s national legislation based on the eleven indicator framework, aiming to address technological challenges while fostering a platform for innovation under the rule of law. https://jlr.sdil.ac.ir/article_250954.html In the mid-sixteenth century, with the emergence of an independent branch of legal scholarship, various thinkers articulated their views in response to the social, religious, and political conditions of their time. Although this nascent field, known as public law, primarily developed within Western societies, the present study seeks to demonstrate, through an examination of the ideas and concerns of selected Muslim thinkers from the third to the early seventh centuries AH (corresponding to the ninth to thirteenth centuries CE), that the emergence of public law can be regarded as a human concern extending beyond the boundaries of the West. While this development materialized institutionally in the West, the discourse of Muslim thinkers on social and political affairs reveals intellectual capacities that may be reinterpreted within the framework of public law concepts. By undertaking a conceptual re-reading of their views, this study aims to identify elements that can be analyzed through the lens of public law. The central question is whether concepts such as the legitimacy of power, the rule of law, and public responsibility are solely products of modern political thought or whether they possess conceptual roots in pre-modern intellectual traditions. Existing scholarship has predominantly examined the ideas of Muslim thinkers within the frameworks of political philosophy or political ethics, with little effort devoted to reinterpreting them from the perspective of public law. This research gap highlights the necessity of a conceptual study in this field. https://jlr.sdil.ac.ir/article_250955.html اصل تسلط طرفین در تعیین محدوده امور موضوعی دعوا بیانگر توسعه نقش خواهان در شناسایی و توصیف امر موضوعی در حقوق دعاوی است؛ بدیهی است این اصل قلمرو تفسیری دادرس را محدود به عناوین مطرح شده توسط اصحاب دعوی خواهد کرد و او را ناچار به پذیرش عناوین مطروحه آنان می کند. بررسی و تحلیل آرای فقهای امامیه حاکی از آن است این اصل می تواند ملائم و هم سنگ با رویکرد فقهی برخی از آنان قرار گیرد که ناظر بر محط و خاستگاه اصلی جریان دعوی است که از این سنجه با عنوان مصب دعوی یاد می کنند. از آن سو فقیهان دیگری نیز هستند که گسترش حوزه تفسیری دادرس در امور موضوعی را دارای وجاهت بیشتری می دانند و قائل به احراز و کشف اثر دعاوی یا همان نتایج دعوی می باشند. به نظر می رسد همگام با نظریات جدید در حقوق دعاوی فرانسه که چهره ای متعادل از این اصل ارائه شده است، در فقه دعاوی امامیه نیز ، قرائتی تعدیل یافته و راهگشا در جمع این دو رهیافت فقهی نهفته است که هم پذیرنده اصل حاکمیت اراده طرفین نسبت به امر موضوعی دعاوی است و هم بسط حوزه تفسیری دادرس مبتنی بر امارات و همچنین حجیت آن را به رسمیت می شناسد. این شناسایی وقتی قوت خواهد گرفت که می بایست ماهیت موضوع دعاوی را یک امر مرکب و نه الزاما مساله ای بسیط پنداشت که می تواند وجوه و چهره های منطقی مرتبط با موضوع اصلی به همراه داشته باشد https://jlr.sdil.ac.ir/article_250956.html Judicial practice in Iran in disputes concerning Alimony (Nafaqah) and marital obedience is characterized by analytical inconsistency and foundational divergence, as family courts adopt differing-and sometimes incompatible-approaches in conceptualizing the relationship among maintenance, obedience, and Nushuz (marital disobedience). This study examines which analytical framework governing this relationship is more defensible in terms of conceptual coherence, proper allocation of the burden of proof, and judicial efficiency. Employing a descriptive–analytical method and drawing upon Imami jurisprudence, the structure of Iranian civil law, and a systematic review of judicial decisions, the article argues that conflicting rulings in similar cases arise less from factual disagreement or statutory ambiguity than from conceptual displacement in judicial reasoning and the conflation of the categories of “cause,” “condition,” and “impediment.” Three dominant models are reconstructed and critically assessed: maintenance as a direct effect of marriage (cause-based), obedience as a condition of entitlement (condition-based), and Nushuz as an impediment to entitlement (impediment-based). The findings indicate that the condition-based model, by prioritizing behavioral assessment over stabilization of the right and implicitly shifting the burden of proof to the wife, contributes significantly to inconsistency and diminished legal certainty. In contrast, the impediment-based model, which presumes entitlement to maintenance and limits its forfeiture to duly established Nushuz, aligns more closely with Articles 1102 and 1108 of the Iranian Civil Code and with the protective rationale of maintenance. Accordingly, the article proposes a four-stage judicial decision-making protocol to enhance coherence, predictability, and principled adjudication. https://jlr.sdil.ac.ir/article_250957.html Over the past three decades, the Engineering, Procurement, and Construction (EPC) model has been widely adopted as a prominent contracting framework in industrial and infrastructure projects, particularly in oil, gas, petrochemical, and power sectors. By integrating design, procurement, and construction, it has successfully addressed many inefficiencies inherent in fragmented delivery models. This study adopts a lifecycle-oriented approach to analyze the advantages and limitations of the EPC model across three dimensions: technical, contractual, and asset governance. The findings indicate that while responsibility integration, execution speed, and construction cost predictability are the primary strengths of the EPC model, its structural disconnection from the operational phase, rigidity in handling scope changes, and vulnerability to unforeseen conditions limit its effectiveness in complex, long-term projects. An analysis of international experiences reveals that while EPC is efficient in managing the construction phase, it fails to align design and construction behaviors with maintenance requirements and actual lifecycle costs due to the absence of operational performance integration. Consequently, this research concludes that the lessons learned from EPC applications highlight an urgent need to transition toward more integrated and performance-based models, such as Design-Build-Operate (DBO) and DBOM. These models incorporate operational responsibilities into the contractual architecture, enabling data-driven governance, effective risk allocation, and comprehensive lifecycle management. This paper underscores the necessity of rethinking the role of EPC and its position within the hierarchy of modern contracting paradigms. https://jlr.sdil.ac.ir/article_250958.html The rapid growth of generative AI and content platforms has created unprecedented challenges regarding intellectual property infringement. This descriptive-analytical study examines the foundations and limits of civil liability for such platforms under Iranian and German law. Findings show that Iranian law lacks specific legislation and coherent judicial practice; liability is primarily explained through general tort rules and Islamic legal principles such as tasbib (causation) and la darar (no harm). By contrast, German law—drawing on its Civil Code, Media Services Act, and EU regulations—has moved toward liability based on a heightened duty of care, strictly limiting intermediary exemptions. Both systems struggle with defining AI authorship, detecting algorithmic infringement, balancing rights protection with technological development, but Germany benefits from clearer laws, specialized oversight, and effective enforcement mechanisms, whereas Iran remains at a stage of judicial reaction, requiring preventive legislation and expert institutionsBoth legal systems struggle with problems such as defining the author/creator of an AI-generated work and detecting infringement in algorithmic outputs. Furthermore, allocating responsibility along the long production chain and striking a balance between protecting rights and fostering technological development are among the other common challenges https://jlr.sdil.ac.ir/article_250960.html With the advent of the digital age, e-waste has become one of the most challenging environmental crises of the current century, threatening public health and the sustainability of ecosystems. In the Iranian legal system, legislative gaps are evident in the precise determination of the scope of civil liability (compensation for damage caused to individuals) and administrative liability (guarantee of government regulatory and punitive actions) for these specific wastes. This study aims to analyze the elements of civil and administrative liability of producers, importers, and disposal operators, seeking to answer the main question: how can the legal mechanism of “attribution of responsibility” in the life cycle of e-waste be redefined from the perspective of regularizing “extended producer responsibility” (EPR)? The research method in this article is descriptive-analytical with a critical approach to the applicable laws. The findings show that despite the Waste Management Law, the inefficiency in assigning strict liability and the lack of detailed regulatory regulations in the disposal of toxic electronic waste have prevented the necessary deterrence. This study suggests that in order to overcome the current deadlocks, a liability model based on "risk sharing" and "joint and several liability" between the supply chain and regulatory institutions should replace traditional systems. The conclusion indicates that the transition to a comprehensive liability system requires the establishment of specialized laws with a preventive approach and a requirement for green recycling technologies to establish a balance between technological development and the rights of future generations. https://jlr.sdil.ac.ir/article_250962.html The expansion of corporate groups and the concentration of decision-making power in parent companies have intensified concerns regarding parent company liability for harm arising from the activities of subsidiaries. This article examines the circumstances in which a parent company may be held liable, not through piercing the corporate veil, but on the basis of an independent breach of due diligence obligations. The central distinction between these two bases of liability is that veil-piercing exceptionally disregards the subsidiary’s separate legal personality, including in situations involving apparent agency or fraud on the law, whereas liability based on the duty of care preserves that separate personality and focuses on the parent company’s own conduct, such as policy-making, supervision, issuing instructions, or risk management. Using a comparative approach, the study analyzes English and French law. The findings show that, in English law, parent company liability has been considered not only through the doctrine of piercing the corporate veil but also through the duty of care, where the parent has assumed a role in directing, supervising, or managing risks associated with the subsidiary’s operations. By contrast, French law, through the Duty of Vigilance Law, has developed a legislative and preventive framework requiring the identification, assessment, prevention, and monitoring of risks arising from subsidiaries and supply chains. Iranian law lacks an independent framework governing parent company liability. Accordingly, a combined model drawing on the French legislative approach and the English judicial experience may provide a basis for developing parent company due diligence obligations in Iranian law. https://jlr.sdil.ac.ir/article_251327.html From a sociological perspective, law is a social phenomenon that is created, developed, and sustained within society. Yet it does not always evolve in step with its social context. In some cases, a law is treated as more advanced than the society that produces it and is intended to drive social change. However, how successful it is in achieving the desired transformations is highly contested and has generated multiple theories. For this reason, it is necessary to examine advanced legislation within the Iranian social context and assess its effects. Accordingly, the main question of this study is: how did the legal granting of women’s voting rights in the Pahlavi II period affect the realization of social change? In 1962, under the principles of the White Revolution, women’s political participation was institutionalized through the establishment of voting rights and the right to take part in elections. the study’s findings indicate that this law did not significantly improve women’s political standing. Its effects were limited mainly to certain urban and educated women, while it held little importance for most women. In other words, granting women the legal right to vote was not sufficiently effective in bringing about social change, partly because it did not adequately account for entrenched customs and social values. This conclusion supports theories that stress the leading and following relationship between law and social change, suggesting that law’s capacity to act effectively beyond society depends on its relative conformity with long-standing norms. https://jlr.sdil.ac.ir/article_251567.html The "single-owner commercial company" is a distinct legal entity and a relatively novel legal innovation recognized in many legal systems worldwide including that of the United States where it plays a fundamental role in economic development and the organization of commercial activities; indeed, in recent years, approximately half of all commercial companies have been formed and registered under the "sole ownership" model, thereby securing a significant position. Despite the growing popularity of this corporate form, the Iranian legal system still does not provide for the establishment of "single-owner commercial companies," and the new Commercial Bill under legislative review since 2005 has yet to be enacted.In the United States, a single-member business entity can be established in the form of a corporation or a limited liability company; beyond facilitating individual investment, this structure plays a significant role in mitigating the risks associated with economic activities and enhancing legal certainty for third parties. The United States is at the forefront of developments regarding the formation, structure, governance, oversight, transparency, dissolution, liquidation, and "piercing the corporate veil" of single-member business entities. An analytical and comparative study of this subject could pave the way for reforming Iranian laws, distinguishing the concept of a "company" from a "partnership," and ultimately adopting the single-member business entity within the Iranian legal system. https://jlr.sdil.ac.ir/article_251997.html The Family Protection and Youth Population Law, with a supportive approach towards childbearing and increasing the youth population, was passed by the Islamic Consultative Assembly in 2021. This law introduces criminalization innovations such as prohibiting the unauthorized purchase, sale, distribution, possession, and transportation of common abortion drugs, penalizing managers who introduce individuals and centers for illegal abortions, and criminalizing offenses against the physical integrity of the fetus. Additionally, it eliminates mandatory prenatal screening as a form of decriminalization.This research adopts a descriptive-analytical approach to examine these innovations and compares the Family Protection and Youth Population Law with the Constitution, the 1996 Penal Code, the 2005 Therapeutic Abortion Law, the Criminal Procedure Code, and the Smuggling of Goods and Currency Law. The study aims to provide a comprehensive and impartial analysis of the strengths and weaknesses of these criminalization and decriminalization innovations, as well as the law's alignment with other legal frameworks. The findings will offer recommendations to enhance the law's efficacy and achieve its objectives, paving the way for reforms in criminal and supportive policies related to family and youth population.The results indicate that, despite significant innovations in the law, certain legal conflicts and challenges may hinder the full realization of its goals. This research seeks to answer the following questions: What are the criminalization and decriminalization innovations in the Family Protection and Youth Population Law? What are the conflicts between this law and other legal frameworks? https://jlr.sdil.ac.ir/article_252033.html امروزه سیاست جنایی ایران در قبال جرایم فرهنگی مرتبط با عفت عمومی، به دلیل پیوند مستقیم با امنیت اخلاقی، تحولات فرهنگی، گسترش فضای مجازی و ضرورت صیانت همزمان از ارزش‌های شرعی و حقوق شهروندی، به یکی از پیچیده‌ترین حوزه‌های مداخله نظام عدالت کیفری تبدیل شده است. پژوهش حاضر در پی آن است که میزان هماهنگی و کارآمدی سیاست جنایی قضایی و اجرایی ایران در مواجهه با جرایم فرهنگی مرتبط با عفت عمومی را در پرتو تحولات اجتماعی و الزامات دادرسی افتراقی تحلیل نماید. به نظر می‌رسد سیاست جنایی ایران، علی‌رغم ابتناء بر مبانی فقهی بزه‌پوشی، ستر عیب و منع تجسس، به سبب واگرایی میان رویکرد سرکوب‌گر تقنینی، تساهل قضایی و پراکندگی سازوکارهای اجرایی، با نوعی ناهماهنگی ساختاری و کاهش کارآمدی پیشگیرانه مواجه شده است. تبیین ابعاد قضایی و اجرایی سیاست جنایی ایران و واکاوی چالش‌های ناشی از تعارض میان الزامات شرعی، حمایت از بزه‌دیده، حقوق دفاعی متهم و اقتضائات امنیت اخلاقی جامعه، هدف اصلی این پژوهش را تشکیل می‌دهد. روش تحقیق در این نوشتار، توصیفی-تحلیلی و مبتنی بر منابع کتابخانه‌ای، متون فقهی، قوانین موضوعه، رویه‌های قضایی و مقالات علمی معتبر است. نتایج پژوهش نشان می‌دهد که استمرار ناهماهنگی میان ابعاد تقنینی، قضایی و اجرایی، ضمن تضعیف بازدارندگی رسمی و کاهش نرخ کشف مؤثر جرایم، موجب شکل‌گیری نوعی پارادوکس عملکردی در سیاست جنایی ایران شده و ضرورت گذار به سوی الگویی منسجم، هوشمند و مبتنی بر پیشگیری مشارکتی را در مواجهه با تحولات فرهنگی و دیجیتال معاصر آشکار ساخته است. https://jlr.sdil.ac.ir/article_252035.html This research aimed to examine the opportunities and challenges of various applications of artificial intelligence in the country's land and property registration organization, using a descriptive-analytical method and using library resources. After reviewing the information and data collected, the results show that the aforementioned organization can use artificial intelligence in various areas such as data visualization of registration files such as document scanning and archiving, document backup and retrieval, solving the challenge of information retrieval; converting the content of written documents to text, solving the challenge of assigning names in the company registration process, solving the challenges in the field of intellectual property and brand registration, solving the challenge related to the inspection of registration staff, etc. However, despite these opportunities, threats in various areas of security and privacy, legal restrictions, and ethical considerations are conceivable for it, which requires the adoption of correct and appropriate measures to eliminate these threats and highlight the numerous opportunities for using artificial intelligence in this organization. https://jlr.sdil.ac.ir/article_252163.html The Murabaha contract, as one of the most widely used instruments in the Islamic financial system, plays a pivotal role in banking operations; however, an economic analysis of its efficiency within the framework of transaction costs is crucial. The aim of the current research is to identify the cost components of Murabaha and to explain optimization strategies in comparison with other Islamic financing instruments. In this regard, the main questions are dedicated to identifying the economic costs of Murabaha transactions, comparing its risks and operational costs with participatory instruments, and providing legal-economic solutions for enhancing productivity. The research method in this article is descriptive-analytical with a comparative approach, which examines the economic propositions of contracts using library and documentary data. Research findings show that high costs of monitoring commodity consumption and moral hazards have overshadowed the economic efficiency of Murabaha; while a comparative analysis indicates the relative superiority of Murabaha in terms of cash flow predictability and lower risk compared to participatory contracts. Finally, the article emphasizes the necessity of reducing transaction costs and establishing optimal mechanisms to increase the efficiency of the financial system by providing suggestions in the field of legal innovations. This research, by integrating the fundamentals of contract law with the principles of Islamic economics, offers a practical strategy for financial institutions to optimally select financing instruments. https://jlr.sdil.ac.ir/article_252164.html Non-disclosure agreements (NDAs) often protect information beyond legally recognized trade secrets, raising the question whether business information that does not meet trade secret requirements may nevertheless be subject to an enforceable contractual duty of confidentiality. Using a descriptive-analytical method and comparative approach, this article examines the issue under U.S. and Iranian law. U.S. courts follow no uniform rule. Some enforce confidentiality obligations primarily according to the agreement’s terms; others restrict protection to information qualifying as trade secrets; and a third approach recognizes contractual protection for confidential business information below the trade secret threshold while reviewing the reasonableness of the obligation’s scope and effects. The latter approach is more balanced because it protects legitimate business interests in non-public information while preventing NDAs from restricting public information, general knowledge and professional skills, employee mobility, or competition. Under Iranian law, freedom of contract, the binding force of contracts, and the presumption of validity support the view that the absence of trade secret status does not by itself invalidate a confidentiality obligation. However, merely labeling information “confidential” should not justify unlimited enforcement. Accordingly, contractual protection of confidential business information lacking trade secret status should generally be recognized, while courts should retain authority, in exceptional cases and on public policy grounds, to limit unreasonable contractual restraints. https://jlr.sdil.ac.ir/article_252319.html Algorithmic warfare has brought about a fundamental transformation in the place of decision-making on the battlefield; a decision that was once formed in the mind and will of a human commander is now increasingly produced within automated systems and through unpredictable computational processes. This shift in the “center of decision” raises a legal question, the neglect of which jeopardizes the meaning of criminal responsibility in the international arena; in a system where the commander no longer issues explicit orders but rather defines the frameworks within which a system makes independent decisions, what is the role of attributing responsibility to him? The present article, adopting a descriptive-analytical method, seeks to answer the question of whether the framework of criminal responsibility of commanders in Article 28 of the Rome Statute can maintain its interpretative capacity in the face of the challenges of algorithmic warfare or whether it collapses in the face of the reality of autonomous systems https://jlr.sdil.ac.ir/article_252321.html Acquired rights constitute a novel concept in administrative law, primarily aimed at ensuring legal certainty and protecting citizens’ trust against administrative decisions. The significance of this concept is amplified in the sphere of urban planning, where rapid urban development, revisions in construction regulations, and extensive interventions by public authorities frequently create conflicts between public interest and individuals’ acquired rights. In such contexts, precisely defining the scope of this right plays a pivotal role in preventing the violation of individual rights and ensuring justice.As the general authority for adjudicating administrative disputes, the Administrative Justice Court of Iran has issued numerous rulings in recent years concerning urban planning conflicts. These rulings demonstrate the Court’s endeavor to strike a balance between safeguarding individual rights and preserving public interest. This article, adopting an analytical-descriptive approach and examining relevant judicial precedents, explores how this right is identified and protected within the realm of urban law. The findings indicate that the Court’s general approach is protective, aiming to uphold citizens’ vested rights. However, this protection is not absolute; in cases where the exercise of this right conflicts with public interest or the necessities of urban development, the Court often adopts a restrictive interpretation, thereby limiting the scope of such protection. Consequently, articulating the criteria for identifying acquired rights and determining their relationship with public interest remains one of the most critical challenges in urban law within the Court’s judicial practice https://jlr.sdil.ac.ir/article_252525.html In the era of globalization and the spread of digital technologies, financial markets have become increasingly dependent on the flow of information and behavioral responses, which has paved the way for the misuse of fake news, misleading information, and political influence to direct financial markets. The targeted dissemination of information by politicians, especially through social networks, can cause artificial market fluctuations, unfair transfer of wealth, and undermine public trust in the global financial system. This study, using a descriptive-analytical method and based on library resources, answers the question of how to identify international criminal liability for disrupting financial markets by abusing political power in cyberspace, and assesses the feasibility of identifying criminal liability for these behaviors within the framework of international criminal law and its capacities. The findings of the research show that although international criminal law has so far focused mainly on violent crimes, the expansion of transnational effects of information-economic abuse can justify the necessity of identifying a type of economic information warfare and the international criminal liability arising from it. However, the lack of a precise and independent definition of the concept of abuse of power, the risk of politicization of the criminalization process of the aforementioned behavior, and the lack of reliable judicial practice at the international level are obstacles to this path, and efforts to overcome them, especially with regard to the provisions of the Merida Convention on the prevention and combating of new forms of corruption, should receive greater attention from the international community. https://jlr.sdil.ac.ir/article_252653.html Technological developments in recent decades and the emergence of a global data-driven ecosystem have fundamentally challenged traditional concepts of sovereignty and state jurisdiction. In this context, data has become one of the most significant sources of power, security, and governance, and its control, management, and transfer have turned into a strategic issue in international relations.This study aims to examine the legal challenges of data sovereignty and jurisdictional conflicts of states in cyberspace. It seeks to clarify the position of data sovereignty in contemporary international law, analyze the extraterritorial effects of data flows on state jurisdiction, and assess the capacity of the Iranian legal system to respond to these developments. The research adopts a descriptive–analytical method, relying on library-based sources, international instruments, academic articles, and Persian and English legal literature.The findings indicate that the expansion of cyberspace has gradually weakened the effectiveness of traditional territorial jurisdiction models and has increased conflicts among states regarding access to, control over, and exploitation of data. Furthermore, the emergence of transnational actors and decentralized digital infrastructures has imposed new limitations on the exercise of state authority. The study concludes that effective management of jurisdictional conflicts in cyberspace requires a rethinking of traditional jurisdictional foundations, the development of international cooperation mechanisms, and the design of a balanced data governance model. Accordingly, the ideal model should simultaneously safeguard national sovereignty and ensure cross-border cooperation, cybersecurity, and the protection of fundamental human rights. https://jlr.sdil.ac.ir/article_252808.html AbstractOne of the most crucial stages in any legal system's criminal proceedings is the decision-making process for assigning proportionate criminal sanctions. To achieve this, several advanced legal systems have developed principles known as guideline-oriented principles, and to ensure their comprehensiveness and accuracy, they have established bodies called sentencing commissions to oversee the creation of these guidelines. These guidelines include indicators related to the circumstances of the offense, the offender and their personal traits, and the victim, which judges consider when tailoring criminal responses. In the legal systems of United States, since there are no binding statutory requirements for sentencing, the responsibility of developing guideline-based principles to promote consistent judicial decisions has been delegated to the judiciary. Conversely, the Iranian legislator, drawing on recent comparative and penological developments, for the first time incorporated sentencing guidelines into the Iranian legal system through Article 18 of the Islamic Penal Code. It was anticipated that, by providing detailed criteria and establishing effective enforcement mechanisms, these guidelines would help individualize punishments and prevent inconsistent judgments. Using an analytical–descriptive approach, this article examines and analyzes the sentencing guideline systems in the United States and shows, within the context of legislative challenges, that the ambiguity and broadness of these guidelines, along with the absence of a judicial obligation to follow them, open the door for interpretive subjectivism and an emphasis on the uniformity of decisions based on quantity rather than individualized considerations. https://jlr.sdil.ac.ir/article_252810.html Today, the construction contracts play an important role in the economy of the countries; therefore, the effectiveness and termination of these contracts are of great importance. In Iran, the contract template approved in terms of Article 23 of the Program and Budget Law is the General Conditions of Contract. The General Conditions of Contract is a local governmental contract in which the government is considered as the employer. Most of the contracts in Iran's law are concluded by the government; however, the private parties who are not affiliated with the government and whose budget is not supplied by the government are yet inclined to benefit from these types of contracts. This research compares thearticles o General Conditions of Contract with the template of FIDIC contracts (Fédération Internationale des Ingénieurs-Conseils) as the template of international contracts in terms of Articels of termination.The conditions of termination in the General Conditions of Contract and FIDIC contracts have some similarities and differences. A comparative study provides an appropriate platform for interpretation of the contract and its effectiveness. https://jlr.sdil.ac.ir/article_252812.html Determining the foundations and scope of state civil liability for bodily, financial, and other losses attributable to state actions or omissions in managing communicable diseases raises significant theoretical and practical challenges due to the overlap between civil liability, public obligations arising from the right to health, and social compensation mechanisms. This study aims to elucidate the theoretical foundations of state civil liability for such losses through a comparative analysis of the laws of Iran, England, and the United States. Employing a descriptive-analytical methodology and a comparative approach, the study examines the foundations of state liability in the three legal systems based on criteria including the duty of care, breach of duty, causation, sovereign immunity, and compensation mechanisms, drawing on legislation, judicial decisions, and authoritative doctrinal sources. The findings demonstrate that, in Iranian law, state liability is primarily grounded in the fault-based theory, the Islamic jurisprudential rules of Itlaf (destruction) and Tasbib (causation), and constitutional principles. By contrast, English and United States law rely on criteria including the duty of care, breach of duty, causation, the distinction between policy and operational decisions, and limitations arising from sovereign immunity. The study further demonstrates that state liability in this field requires distinguishing judicially enforceable civil liability from protective obligations arising from the right to health and social compensation mechanisms. The novelty lies in proposing a three-level framework for distinguishing these domains and clarifying their interrelationship, thereby providing a more coherent basis for analyzing the scope of state liability in public health emergencies. https://jlr.sdil.ac.ir/article_252900.html This research, focusing on the nature of the rangeland grazing license and critically examining Judgment No. 140307390003559762 issued by Branch 8 of the General Court of Law of Ardabil and Judgment No. 140031390002929586 rendered by Branch 6 of the Court of Administrative Justice, seeks to elucidate the relationship between administrative law and private law in the utilization of rangelands. The central thesis of the article posits that the rangeland grazing license possesses the nature of a financial right with special characteristics. This financial right is personal to the holder, is non-hereditary, and during the period of rangeland use, grants to the license holder only an exclusive right to graze livestock, within the limits of the number of animals determined by the state. However, should the rangeland be incorporated into development projects, this specific financial right is consequently converted into cash. The General Court of Law is required to independently ascertain the nature of the rangeland grazing license and cannot, in this regard, rely upon the decisions or rulings of the branches of the Court of Administrative Justice. Accordingly, employing a descriptive-analytical method and utilizing library-based data, while also considering judicial practice, this study endeavors to provide an appropriate approach for adjudicating similar lawsuits. The existence of public law dimensions inherent in the rangeland grazing license, coupled with the country's specific climatic and rangeland conditions, justifies the heightened importance of addressing this subject matter. https://jlr.sdil.ac.ir/article_253033.html The right of access to a lawyer is a human right and a criterion for guaranteeing the right to a fair trial.The recognition of this right and its limitations differ in the legal systems studied.The question of the article is:What is the right of access to a lawyer in international criminal law and Iranian criminal law?What are the similarities and differences between them?And the answer to it is through an analytical and comparative method and strategies for guaranteeing that right.The findings of the article indicate differences in the patterns of recognition,guarantee,and order of limitation of that right despite the similarities and commonalities between them.Despite the recognition of the above right in the aforementioned legal systems, the aforementioned right is limited in the ordinary laws of Iranian criminal law.The legal and procedural limitation of the aforementioned right in this system,unlike international criminal law,despite its relative similarities in recognizing the right of access to a lawyer,has fundamental legal and procedural differences with the human rights norms contained in international criminal law,which indicates a difference in the pattern of recognition and the order of inclusion and limitation of that right.Recognition and guaranteeing the right of access to a chosen lawyer is the basis of a fair trial, and its limitation causes a violation and injustice of the criminal trial,which requires examining the model of limiting the right of access to a lawyer and moving towards a model of guaranteeing access to it in order to achieve justice in criminal proceedings and its fairness https://jlr.sdil.ac.ir/article_253594.html The development of intelligent systems and self-learning algorithms has fundamentally challenged traditional models of criminal attribution. In this context, criminal or harmful conduct is not necessarily the direct and simultaneous product of a human actor, but may arise from interactions among the design, training, deployment, and operation of systems possessing a degree of operational autonomy. This study examines the redefinition of mens rea in relation to algorithmic conduct and identifies criteria for attributing intent, knowledge, and volition in such circumstances. Using a descriptive-analytical method and drawing on criminal law, Islamic jurisprudential, and interdisciplinary sources, the study evaluates the capacity of traditional criminal law concepts to address these developments. The findings demonstrate that, despite their technical agency and significant role in producing harmful outcomes, intelligent systems lack free will, normative awareness, and the capacity for culpability and therefore cannot independently bear criminal responsibility. Accordingly, mens rea should be assessed primarily through the conduct and role of human actors, considering factors including effective control over the system, foreseeability of risk, the possibility of intervention and prevention, compliance with precautionary duties, and the system’s transparency and explainability. Concepts such as algorithmic causation, structural negligence, distributed liability, antecedent fault, and vicarious liability can provide useful frameworks for analyzing criminal attribution in offenses arising from self-learning systems. Consequently, redefining mens rea requires moving beyond an individual-centered model toward a multilayered, structurally oriented approach that is responsive to contemporary criminal law and emerging technological challenges effectively. https://jlr.sdil.ac.ir/article_253807.html Taxation in public law, in addition to providing government revenue, serves as an instrument for income redistribution, the realization of social justice, and poverty reduction. This study examines the relationship between the tax system and poverty in Iran using a descriptive-analytical method and drawing on legal sources, legislative documents, and economic studies. The findings indicate that the effects of taxation on poverty are not unidirectional and that tax revenues alone are not an adequate criterion for assessing the social performance of the tax system. Significant reliance on indirect taxes, weak taxation of certain forms of wealth and capital gains, tax evasion, informal economic activities, and limited transparency may result in an uneven distribution of the tax burden and increase pressure on the formal sectors of the economy. Conversely, exemptions for certain essential goods and services, support for low-income groups, bread and energy subsidies, the expansion of basic health insurance, and developments concerning taxation of speculative activities demonstrate the supportive capacities of the public finance system. Therefore, the impact of taxation on poverty depends on the coordination of tax policy with social support policies, the subsidy system, and public expenditure allocation. Reforming the tax system requires strengthening direct taxes based on ability to pay, improving the identification of income and wealth, reducing tax evasion, reviewing tax exemptions, mitigating the adverse effects of indirect taxes, and establishing a transparent link between tax revenues and government social expenditures. https://jlr.sdil.ac.ir/article_253810.html Patent infringement litigation is not limited to determining whether infringement has occurred. Issues concerning patent validity, the existence of infringement, the enforceability of patent rights, and the applicability of statutory exceptions may also arise. These distinct issues are, however, sometimes examined under the single heading of “defenses,” despite their different legal bases and judicial effects. This study identifies appropriate criteria for classifying defenses and determining their legal effects, focusing on Iranian law and comparing it with United States law. The research adopts a descriptive, analytical, and comparative methodology based on legislation, judicial decisions, and scholarly literature. The findings indicate that the designation or legal source of a defense alone does not provide an adequate basis for classification. Rather, the subject matter challenged and the legal effect of accepting the defense should constitute the principal criteria. Accordingly, defenses may be classified into four categories: defenses concerning patent validity, non-infringement defenses, defenses concerning the exercise or enforceability of patent rights, and statutory exceptions. Iranian law contains elements of all four categories across different provisions, but their legal effects have not been organized within a coherent framework. United States law likewise demonstrates the importance of distinguishing invalidity, non-infringement, unenforceability, patent exhaustion, and statutory exceptions in determining the scope of judicial decisions. The study proposes that each defense be assessed according to its subject matter, legal basis, scope of effect, and judicial consequence. https://jlr.sdil.ac.ir/article_254108.html For about the past few decades, the governments of the United States and Canada have sought, at the doctrinal level, to justify violations of state judicial immunity, particularly on the basis of terrorism; at the same time, legislative, executive, and judicial measures have also been adopted in this direction. This approach has affected, inter alia, the Islamic Republic of Iran and, in recent years, has led to the issuance of judgments against the Iranian state in the domestic courts of these countries; judgments that have also proceeded to the enforcement stage and resulted in the seizure of Iranian state assets.With respect to the United States, Iran instituted proceedings before the ICJ on the basis of the Treaty of Amity. Some time after the Court rendered its judgment in that case, Iran brought proceedings against Canada on the basis of Article 36, paragraph 2, of the Statute of the Court. This latter dispute is not unrelated to the outcome reached in the Certain Iranian Assets case, since in that judgment the Court articulated a criterion for distinguishing sovereign from non-sovereign acts, a matter that has long constituted one of the central challenges in the law of state immunity. Moreover, in the course of assessing the notion of essential security interests, the Court also referred to the issue of the terrorism exception to state immunity.Accordingly, a study of that judgment and of its findings concerning state immunity, as well as their potential impact on Iran-Canada case, is of considerable importance. https://jlr.sdil.ac.ir/article_254113.html Minority children occupy a complex position at the intersection of children’s rights and minority rights. Their status as children, combined with membership in non-dominant national or ethnic, religious, and linguistic groups, may expose them to discrimination, deprivation, and erosion of identity. However, their protection within the United Nations system remains fragmented between the child-rights regime and the minority-rights regime, neither of which comprehensively addresses the position of the “minority child.” This article asks whether the interaction of the norms and mechanisms of these two regimes provides adequate, coherent, and enforceable protection. Using doctrinal legal analysis and documentary research on treaties, treaty-body interpretations, and specialized United Nations mechanisms, the article finds that the main problem is not the absence of protective norms, but the lack of a systematic connection between them, the predominance of formal equality, weak institutional coordination, and limited implementation and remedial guarantees. It therefore proposes an “integrated and differentiated protection” model. Integration requires coordinated interpretation and implementation of children’s rights and minority rights, while differentiation requires proportionate measures aimed at removing actual barriers to the enjoyment of rights. The model is based on simultaneous recognition of childhood and minority status, protection of identity with respect for evolving capacities, positive measures, effective participation, rights-based data collection, access to justice, and institutional accountability. The findings also show that implementing Iran’s international obligations requires moving beyond general guarantees and giving closer attention to the effects of educational, linguistic, protective, and judicial policies on minority children. https://jlr.sdil.ac.ir/article_254267.html In contemporary societies‌,‌the media have become one of the most influential agents shaping adolescents' perceptions of violence‌,‌threat‌,‌and social security. their role in the reproduction of violence and the emergence of perceived insecurity has become an increasingly significant concern within criminological research.The present study aimed to investigate the role of media consumption in the reproduction of violence and to analyze its impact on the formation of perceived insecurity among adolescents in Tehran.,‌this study is applied in nature‌,‌while methodologically it adopts a descriptive-analytical survey design.The statistical population comprised adolescents aged15 to18years residing in Tehran during the Iranian year1403‌(2024–2025).Data were collected using a researcher-developed questionnaire‌,‌the validity and reliability of which were confirmed through Structural Equation Modeling‌(SEM‌)‌indicators.The collected data were analyzed using SPSS and Smart PLS software.The findings revealed that media consumption exerts a positive and statistically significant effect on the reproduction of violence among adolescents.Furthermore‌,‌the results indicated that the reproduction of violence‌,‌in turn‌,‌significantly intensifies adolescents' perceived insecurity.Path analysis of the structural model demonstrated that media influence operates not only directly but also indirectly through reinforcing violent behavioral patterns and facilitating the reproduction of violence‌,‌thereby undermining adolescents' subjective sense of security. suggest that media representations of violence may contribute to the normalization of aggressive behavioral patterns and ultimately diminish adolescents' perceived security.Nevertheless‌,‌the findings also indicate that by adhering to professional ethical standards‌,‌refraining from promoting criminal or violent behaviors‌,‌and strengthening its educational and preventive functions‌,‌the media possess considerable potential to enhance social security and mitigate the reproduction of violence among adolescents. https://jlr.sdil.ac.ir/article_254269.html Establishing a causal relationship is one of the fundamental pillars of fault-based civil liability, such that without it, no right is recognized for the plaintiff. This study aims to reconsider the traditional understanding of causation by analyzing the concept of "probabilistic causation" with reference to common law sources. In this concept, the harmful act merely increases the likelihood of damage occurring and, unlike definitive causation, does not guarantee its realization. Clarifying the distinction between this and similar concepts—such as epistemic challenges and the burden of proof—contributes to a more precise understanding. Findings indicate that in common law, a factor's tendency to cause harm may be sufficient for it to be accepted as a cause. This perspective may pave the way for the development of civil liability in emerging issues. The research method is descriptive-analytical, and data collection has been carried out through library studies. This analysis highlights flexible legal approaches to complex causal uncertainty effectively. https://jlr.sdil.ac.ir/article_254274.html The protection of children and educational facilities in armed conflicts is a fundamental concern of international humanitarian law, international human rights law, and children's rights. Schools are generally regarded as civilian objects and remain protected unless effectively used for military purposes. The attack on Shajareh Tayyebeh School in Minab provides an important case study for examining the scope of this protection and the legal consequences of its violation. Using a descriptive-analytical method, this article examines the legal framework governing the protection of schools and children and analyzes the incident in light of the principles of distinction, proportionality, precaution in attack, and the rules of State responsibility. The findings indicate that if the school retained its civilian character, the presence of children was reasonably foreseeable, and the attacking party failed to comply with the obligations of target verification, proportionality, and precaution, the attack may constitute a serious violation of international humanitarian law and the rights of the child. It may also give rise to the international responsibility of the State, including obligations to investigate the incident, provide reparation, reconstruct the educational facility, rehabilitate victims, and ensure non-repetition. The article concludes that the legal assessment of the Minab school attack depends on the protected status of the school, the presence of children, and the attacking party's compliance with its obligations under international law. https://jlr.sdil.ac.ir/article_254778.html This article presents a comparative analysis of the non-recognition and non-enforcement of foreign arbitral awards under Article V(1)(a) of the 1958 New York Convention within the two legal systems of England and the United States of America. The main research question is what similarities and differences exist between the approaches of the national courts of these two countries when they face the defences of incapacity of a party and invalidity of the arbitration agreement. The research adopts a descriptive-analytical and comparative method, based on legal literature and the case law of both countries. The findings show that the courts of both countries, in principle, assess the capacity of the parties at the time the arbitration agreement was concluded, although English courts also take capacity at the time of the award into account; moreover, in both systems the burden of proving the invalidity of the arbitration agreement lies with the party alleging it. However, English courts determine the law governing the arbitration agreement on the basis of the parties' choice and, failing such a choice, the law of the seat, whereas US courts tend to assess its validity under the law they themselves consider applicable. Given that Iran has also acceded to the New York Convention, an understanding of these approaches can inform the reform of Iran's domestic legislation and judicial practice, enhance the confidence of the international business community in Iran's legal system, and strengthen the position of international commercial arbitration in Iran. https://jlr.sdil.ac.ir/article_254780.html Accordingly, this study, employing a descriptive analytical method, seeks to examine the constitutional foundations of the Guardian Council’s authority to identify fundamental amendments to government bills and to explore an appropriate framework for constructive interaction among the Council, the executive branch, and the legislature. The findings indicate that the rationale underlying Article 74 of the Constitution rests on the principle that the government’s legislative initiative, presented in the form of bills, must not undergo fundamental transformations during parliamentary deliberations that alter its essential character or original purpose. The Guardian Council’s current practice of reviewing such substantial changes accords with the logic of Article 74, which distinguishes between legislative initiatives originating in government bills and those introduced through parliamentary proposals, and remains consistent with constitutional and legal principles. Nonetheless, while preserving its supervisory role and independence in constitutional decision making, the Guardian Council should strengthen coordination with the executive branch and seek the government’s advisory opinion on whether parliamentary amendments constitute major changes to the submitted bill. Such consultation can facilitate a clearer assessment of the government’s legislative intentions and promote constructive institutional cooperation within the constitutional framework. Furthermore, when the government explicitly confirms its acceptance of modifications introduced by Parliament, this approval may be interpreted as a renewed exercise of legislative initiative, thereby resolving the constitutional objection arising under Article 74. This approach reconciles constitutional supervision with effective legislative deliberation while respecting the distinct responsibilities of the institutions involved in the lawmaking process as a whole.