University of TehranPublic Law Studies Quarterly2423-812051420211222Challenges of the Islamic Republic of Iran regarding the Criminalization of Illicit Enrichment Established by United Nations Convention against CorruptionChallenges of the Islamic Republic of Iran regarding the Criminalization of Illicit Enrichment Established by United Nations Convention against Corruption1228362210.22059/jplsq.2019.279205.1968FAOmidMollakarimiProf., Department of Public and International Law, Faculty of Humanities, Islamic Azad University, North Tehran Branch, Tehran, IranSalehAmiriPh.D. Student in International Law, Faculty of Law and Political Science, University of Tehran,Tehran, IranJournal Article20190413The United Nations Convention against Corruption, which the Islamic Republic of Iran is its member, has criminalized illicit enrichment related to significant increase in assets of public officials which is not consistent with their legitimate income. However, some critics believe that this way of criminalization contradicts to some principles such as presumption of innocence, right to silence, and the principle of legality. Scrutinizing this issue in the Iranian criminal system, this study shows that the elements of illicit enrichment have enough transparency and don't violate the principle of legality. As well, the prediction of the necessity of existence of legal presumptions would resolve the problem of its contradiction to the presumption of innocence. In addition, the unnecessity of proving via self-incrimination would reject any contradictions to the right to silence. As a result, acceptance of illicit enrichment seems to be in accordance with Iranian domestic law.The United Nations Convention against Corruption, which the Islamic Republic of Iran is its member, has criminalized illicit enrichment related to significant increase in assets of public officials which is not consistent with their legitimate income. However, some critics believe that this way of criminalization contradicts to some principles such as presumption of innocence, right to silence, and the principle of legality. Scrutinizing this issue in the Iranian criminal system, this study shows that the elements of illicit enrichment have enough transparency and don't violate the principle of legality. As well, the prediction of the necessity of existence of legal presumptions would resolve the problem of its contradiction to the presumption of innocence. In addition, the unnecessity of proving via self-incrimination would reject any contradictions to the right to silence. As a result, acceptance of illicit enrichment seems to be in accordance with Iranian domestic law.https://jplsq.ut.ac.ir/article_83622_5ddb8f8d0a088c5b4d7ef3e3ae79909b.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222The Legal Challenges of Collective Proceedings to Human Rights Claims in the European Court of Human RightsThe Legal Challenges of Collective Proceedings to Human Rights Claims in the European Court of Human Rights128913078370610.22059/jplsq.2019.283194.2036FAMahdiHaddadiAssociate Prof., Department of Public and International Law, Faculty of Law, University of Tehran College of Farabi, Qom, IranHoseinRezaian KochiPh.D. Student in International Law, Department of International Law, Faculty of Law, University of Tehran College of Farabi, Qom, IranJournal Article20190609Human rights violations include a large number of victims, often with similar injuries. This issue concerns the European Court of Human Rights with the issue of repetitive applications and excessive length of proceedings. The use of Pilot-Judgment Procedure and Class Action are solutions that the Court has been taken to ensure the speed of the trial. The main purpose of this paper is to examine these two methods of dealing with human rights violations and existing judicial procedures concerning them. Finally, it will be determined that these two methods of treatment will allow the Court to have a quick and effective hearing, but the manner in which the European Court of Human Rights uses them and the ambiguities regarding in way they are applied, violate the right of individual petition.Human rights violations include a large number of victims, often with similar injuries. This issue concerns the European Court of Human Rights with the issue of repetitive applications and excessive length of proceedings. The use of Pilot-Judgment Procedure and Class Action are solutions that the Court has been taken to ensure the speed of the trial. The main purpose of this paper is to examine these two methods of dealing with human rights violations and existing judicial procedures concerning them. Finally, it will be determined that these two methods of treatment will allow the Court to have a quick and effective hearing, but the manner in which the European Court of Human Rights uses them and the ambiguities regarding in way they are applied, violate the right of individual petition.https://jplsq.ut.ac.ir/article_83706_6d40d88661080993c105e50da0b5ed9a.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222The Executive Regulations on the Repeated Article 251 of the Direct Tax Act and the Relevant ChallengesThe Executive Regulations on the Repeated Article 251 of the Direct Tax Act and the Relevant Challenges130913298308110.22059/jplsq.2020.288673.2161FAAyatMulaeeAssistant Prof., Law Department, Faculty of Law & Social Sciences, University of Tabriz, IranJournal Article20190909In administrative law, there are requirements for the exercise of legal agents and the authorities about their competence, they have to accept such a restriction. One example of such a requirement in relation to regulation is in the repeated article 251 of the Direct Tax Act. It seems that the enactment of the executive regulations on this article, also has such requirements. Understanding such importance, the present article seeks to answer this question: From the point of view of principles of administrative law, what are the challenges and disadvantages of the executive regulations of the repeated Article 251? The paper hypothesis is that the executive regulations of the repeated article 251 faces challenges from a writing perspective and legal standpoint. Thus in answer to this question, using a descriptive-analytical method, the following conclusions are drawn: First, the relevant executive regulations marginalized application of the principles: "Deconcentration", "Delegation", "Representation", “Legal State”, and “Electronic State”. Second, since the 2016 circular has failed to adhere to the rationale behind these principles and so there is some confusion about the origin of the document over the "legal writing style". Third; In writing the relevant executive documents, not only from a "literary", but also a "legal" point of view, a kind of bad taste is observed and it is worthy the "literary" section is reinforced along with the "legal" section.In administrative law, there are requirements for the exercise of legal agents and the authorities about their competence, they have to accept such a restriction. One example of such a requirement in relation to regulation is in the repeated article 251 of the Direct Tax Act. It seems that the enactment of the executive regulations on this article, also has such requirements. Understanding such importance, the present article seeks to answer this question: From the point of view of principles of administrative law, what are the challenges and disadvantages of the executive regulations of the repeated Article 251? The paper hypothesis is that the executive regulations of the repeated article 251 faces challenges from a writing perspective and legal standpoint. Thus in answer to this question, using a descriptive-analytical method, the following conclusions are drawn: First, the relevant executive regulations marginalized application of the principles: "Deconcentration", "Delegation", "Representation", “Legal State”, and “Electronic State”. Second, since the 2016 circular has failed to adhere to the rationale behind these principles and so there is some confusion about the origin of the document over the "legal writing style". Third; In writing the relevant executive documents, not only from a "literary", but also a "legal" point of view, a kind of bad taste is observed and it is worthy the "literary" section is reinforced along with the "legal" section.https://jplsq.ut.ac.ir/article_83081_47b7ecd4488dc922b559fba99672680e.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222Transparency and Its Efficiencies’ Among Security Council’s DecisionsTransparency and Its Efficiencies’ Among Security Council’s Decisions133113498362710.22059/jplsq.2019.283173.2034FAAhmadMomeniradAssistant Professor, Public Law Department, Faculty of Law and Political Sciences, Tehran University, Tehran, IranYoonesHajiaziziPh.D. student in international law, Faculty of Law and Political Science, Tehran University, Tehran, Iran.Journal Article20190609Transparency is one of the legal principles which establish the basis of a good governess. Today the Security Council obtained the place of a universal governess, because almost all of the world’s States are members of the United Nations and the UN now operates the issues over of State’s relationship. The backgrounds of transparency are provided theoretically and therefore the Security Council is obliged to respect this notion in its actions. But because of the lack of a coherent supervisory mechanism for investigating Security Council activities, respecting legal obligations by Security Council in itself is a complicated issue and the SC doesn't transparent its activities voluntarily. So we should benefit other solutions to transparent the SC activities. These solutions are accessible somewhat which are investigated in this article.Transparency is one of the legal principles which establish the basis of a good governess. Today the Security Council obtained the place of a universal governess, because almost all of the world’s States are members of the United Nations and the UN now operates the issues over of State’s relationship. The backgrounds of transparency are provided theoretically and therefore the Security Council is obliged to respect this notion in its actions. But because of the lack of a coherent supervisory mechanism for investigating Security Council activities, respecting legal obligations by Security Council in itself is a complicated issue and the SC doesn't transparent its activities voluntarily. So we should benefit other solutions to transparent the SC activities. These solutions are accessible somewhat which are investigated in this article.https://jplsq.ut.ac.ir/article_83627_7004b46a87f32dd1fb4007fcbd3d23e6.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222Study of Process of Adoption and Enforcement of the TARAZ Principle in Mashruteh ConstitutionStudy of Process of Adoption and Enforcement of the TARAZ Principle in Mashruteh Constitution135113688362110.22059/jplsq.2020.280654.2003FAAli AkbarJafari NadoushanAssistant Professor, Department of Law, University of Yazd, Tehran, IranSeyedmohsenHekmatimoghaddamPh.D. Student in Public International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.Journal Article20190505The jurisprudential control of rules as one of the important duties of the Guardian Council is rooted in the special historical-legal basis of the Mashruteh Constitution, which should be sought in a series of events led to ratification and implementation of the second article of amendment of this Constitution. It appears that religious scholars emphasized the authority of jurisprudential basis in the system of country's legislation according to religion, providing the majority of Muslim nation's opinions and ensuring the implementation of the parliament's laws. So, following some scholars, clerics, and members of parliament's efforts, it has been done to consolidation of the second article of the first Iran's Constitution that has provided the field for legal control of rules related to the fourth article in the Islamic Republic's Constitution as a stable legal theory in the history of Iranian law Constitution. The jurisprudential control of rules as one of the important duties of the Guardian Council is rooted in the special historical-legal basis of the Mashruteh Constitution, which should be sought in a series of events led to ratification and implementation of the second article of amendment of this Constitution. It appears that religious scholars emphasized the authority of jurisprudential basis in the system of country's legislation according to religion, providing the majority of Muslim nation's opinions and ensuring the implementation of the parliament's laws. So, following some scholars, clerics, and members of parliament's efforts, it has been done to consolidation of the second article of the first Iran's Constitution that has provided the field for legal control of rules related to the fourth article in the Islamic Republic's Constitution as a stable legal theory in the history of Iranian law Constitution. https://jplsq.ut.ac.ir/article_83621_9250586d9f76e306b412566b84424139.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222The Child and Drugs; Article 33 of the Convention on the Rights of the Child and Iranian LawThe Child and Drugs; Article 33 of the Convention on the Rights of the Child and Iranian Law136913938253110.22059/jplsq.2021.325762.2800FAAsmaSalariAssistant Professor, Department of Law, University of Zabol, Iran.Journal Article20210617Article 33 of the Convention on the Rights of the Child is the point in which two different legal systems meet, namely Human Rights System and the Narcotics order. According to this article for which no country has made a reservation, States parties shall take all appropriate measures to protect children from the illicit use of narcotic drugs and psychotropic substances, and to prevent the use of children in the illicit production and trafficking of such substances. Each and every word of this statement is subject to various readings and interpretations: The question is to find specific instances from which the child should be protected and whether the governments are only obliged to take prevention actions or have to cover children already engaged with the issue. Furthermore, the conditions under which governments’ actions take place should be elaborated. Besides analyzing the aforementioned article, this study tries to clarify its reflection on our law especially Children and Adolescents Protection Code. The research is conducted based on the descriptive-analytical methodology with the help of the available library sources as well as considering the general principles of the CRC and its Committee’s statements and conclude children shall be protected of any prohibited substances in the relevant international treaties. States are obliged to take all appropriate measures in order to prevent, treat and rehabilitate children affected by drugs.Article 33 of the Convention on the Rights of the Child is the point in which two different legal systems meet, namely Human Rights System and the Narcotics order. According to this article for which no country has made a reservation, States parties shall take all appropriate measures to protect children from the illicit use of narcotic drugs and psychotropic substances, and to prevent the use of children in the illicit production and trafficking of such substances. Each and every word of this statement is subject to various readings and interpretations: The question is to find specific instances from which the child should be protected and whether the governments are only obliged to take prevention actions or have to cover children already engaged with the issue. Furthermore, the conditions under which governments’ actions take place should be elaborated. Besides analyzing the aforementioned article, this study tries to clarify its reflection on our law especially Children and Adolescents Protection Code. The research is conducted based on the descriptive-analytical methodology with the help of the available library sources as well as considering the general principles of the CRC and its Committee’s statements and conclude children shall be protected of any prohibited substances in the relevant international treaties. States are obliged to take all appropriate measures in order to prevent, treat and rehabilitate children affected by drugs.https://jplsq.ut.ac.ir/article_82531_7c2a19793bc6d311f2c85a04032d0bd7.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222The Roots, Structure, and Evolution of Federalism in the Federal Republic of GermanyThe Roots, Structure, and Evolution of Federalism in the Federal Republic of Germany141714358240810.22059/jplsq.2021.304721.2472FAAliSabbaghianAssistant Prof.,Department of Regional Studies, Faculty of Law and Political Science,University of Tehran, Tehran,IranJournal Article20200618The structure of the German federal system is constitutionally regulated at the four levels of the European Union: federal, land, and local government, including districts, cities, and towns. The distribution of competencies and powers between these levels of government is complex, rooted in the German historical tradition on the one hand, and on the functional aspects of the subject on the other. The main question of this article is what are the roots of federalism in the Federal Republic of Germany and how are the competencies and powers of the German government divided between the different layers of government and how has it evolved? Based on this hypothesis, the article examines that the formation of the Federal Republic of Germany in the post-World War II period is rooted in German historical traditions and seeks to combine the self-government of the German states with a joint government that gradually leads to equal equality of powers of federal level and the landers. The findings of the article show that federalism in the Federal Republic of Germany, since its establishment in the light of changing circumstances and in the framework of various constitutional amendments has gradually moved away from traditional federalism towards a kind of functional centralism federalism.The structure of the German federal system is constitutionally regulated at the four levels of the European Union: federal, land, and local government, including districts, cities, and towns. The distribution of competencies and powers between these levels of government is complex, rooted in the German historical tradition on the one hand, and on the functional aspects of the subject on the other. The main question of this article is what are the roots of federalism in the Federal Republic of Germany and how are the competencies and powers of the German government divided between the different layers of government and how has it evolved? Based on this hypothesis, the article examines that the formation of the Federal Republic of Germany in the post-World War II period is rooted in German historical traditions and seeks to combine the self-government of the German states with a joint government that gradually leads to equal equality of powers of federal level and the landers. The findings of the article show that federalism in the Federal Republic of Germany, since its establishment in the light of changing circumstances and in the framework of various constitutional amendments has gradually moved away from traditional federalism towards a kind of functional centralism federalism.https://jplsq.ut.ac.ir/article_82408_357072299e94523474753231c89fa305.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222Preventing Corruption in International Humanitarian AssistancePreventing Corruption in International Humanitarian Assistance143714578362810.22059/jplsq.2019.283631.2046FAMohammadHabibi MajandeAssociate Prof, Department of Law, Faculty of Law, University of Mofid, Qom, IranSeyed MahdiBorgheiPh.D. in International Law, Faculty of Law, University of Mofid Qom ,Qom , IranJournal Article20190616Humanitarian assistance such as food, water, sanitation products, medicine, grants, etc.., should be distributed among the affected population, after the gathering process by the damaged State, and in some cases, with the support of other governments, international and non-governmental organizations. At this stage, created opportunities and numerous resources will provide the ground for corruption of individuals and groups and slow down the process of relief and reconstruction. Consequently, preventive measures by governments to fight corruption are important before and after disasters. Despite the importance of this issue, the international community has so far only tried to address this fundamental problem on a case by case basis and it suffers from the lack of an independent body to fight corruption, especially in times of relief. For this reason, in this article, while describing the actions of governments, governmental and non-governmental organizations, in particular, Transparency International to fight corruption, international treaties and conventions and their solutions to prevent and combat corruption during natural disasters will be examined.Humanitarian assistance such as food, water, sanitation products, medicine, grants, etc.., should be distributed among the affected population, after the gathering process by the damaged State, and in some cases, with the support of other governments, international and non-governmental organizations. At this stage, created opportunities and numerous resources will provide the ground for corruption of individuals and groups and slow down the process of relief and reconstruction. Consequently, preventive measures by governments to fight corruption are important before and after disasters. Despite the importance of this issue, the international community has so far only tried to address this fundamental problem on a case by case basis and it suffers from the lack of an independent body to fight corruption, especially in times of relief. For this reason, in this article, while describing the actions of governments, governmental and non-governmental organizations, in particular, Transparency International to fight corruption, international treaties and conventions and their solutions to prevent and combat corruption during natural disasters will be examined.https://jplsq.ut.ac.ir/article_83628_75501c9cfb14271b46ca5c53729294b9.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222The Principle of Cooperation in the Use of International Watercourses, with Emphasis on Iran-Iraq International WatercoursesThe Principle of Cooperation in the Use of International Watercourses, with Emphasis on Iran-Iraq International Watercourses145914868362910.22059/jplsq.2020.291848.2218FASangarDawood MuhammedAssociate Prof, Department of Public and International Law , Faculty of Law, Salahaddin University, Erbil, Kurdistan Region, IraqAzadAbdulqader Salih WaladbagiMA. in Public International Law, Faculty of Law, Salahaddin University, Erbil, Kurdistan Region, IraqJournal Article20191102Nowadays, the increased use of international watercourses for non-navigational purposes, such as agricultural, industrial, and trade use has put them in the spotlight. Meanwhile, global weather change, droughts, excessive uses of water resources, scarcity of water resources, and population growth have increased the conflicts over international waterways. One of the common principles in public international law is the principle of cooperation between the countries emphasized in the UN charter and a number of bilateral and multilateral agreements, including the 1977 Convention on the Law of Non-navigational Uses of International Watercourses. In recent years debates between Iran and Iraq over the use of international waters have intensified and it seems without cooperation between both countries these debates cannot be resolved. Therefore, the principle of cooperation regarding international watercourses has been chosen as the subject of this research. This research has applied descriptive and analytic methodology. The purpose of this study is to show to what extent the principle of cooperation is reflected or indeed implemented in the international and bilateral agreements on watercourses between Iran and Iraq.Nowadays, the increased use of international watercourses for non-navigational purposes, such as agricultural, industrial, and trade use has put them in the spotlight. Meanwhile, global weather change, droughts, excessive uses of water resources, scarcity of water resources, and population growth have increased the conflicts over international waterways. One of the common principles in public international law is the principle of cooperation between the countries emphasized in the UN charter and a number of bilateral and multilateral agreements, including the 1977 Convention on the Law of Non-navigational Uses of International Watercourses. In recent years debates between Iran and Iraq over the use of international waters have intensified and it seems without cooperation between both countries these debates cannot be resolved. Therefore, the principle of cooperation regarding international watercourses has been chosen as the subject of this research. This research has applied descriptive and analytic methodology. The purpose of this study is to show to what extent the principle of cooperation is reflected or indeed implemented in the international and bilateral agreements on watercourses between Iran and Iraq.https://jplsq.ut.ac.ir/article_83629_ddcfd2faa20821be7188d2a1ef43d343.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222The Implication of the Term Government as One of the Three Powers in the ConstitutionThe Implication of the Term Government as One of the Three Powers in the Constitution148715088332710.22059/jplsq.2020.241626.1582FAKheirollahParvinProf, Public and International Law Department, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran0000-0003-3529-1453MahdiNouraeiPh.D. Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, IranJournal Article20170917In logic, the actual polysemy of a term is referred to as homonym, as opposed to heteronym. Some keywords in the Constitution have multiple meanings in terms of homonymity and word meaning. Understanding the precise meaning of the words is critical in preventing the diffusion of responsibility, the overlap of tasks and functions, and parallel work in institutions so that capital is not wasted and legal challenges are avoided. In this regard, this study examined the term "government" in the Constitution, and one of four categories of the meanings of "government" was selected for the study. Executive power in a general sense and executive power in a specific sense can be seen in the selected category. This study used an analytical method to answer the research question regarding the concept of government in the Constitution. The study hypothesis in the lexicology of the term "government" in the Constitution was that the term "government" implies executive power in 8 principles. However, it does not include all of the executive power's sub-institutions in a general sense. According to research, the term "government" has a general meaning in principles 29, 43, 44, 147, 151, and 170, and a specific meaning in principles 52 and 80.In logic, the actual polysemy of a term is referred to as homonym, as opposed to heteronym. Some keywords in the Constitution have multiple meanings in terms of homonymity and word meaning. Understanding the precise meaning of the words is critical in preventing the diffusion of responsibility, the overlap of tasks and functions, and parallel work in institutions so that capital is not wasted and legal challenges are avoided. In this regard, this study examined the term "government" in the Constitution, and one of four categories of the meanings of "government" was selected for the study. Executive power in a general sense and executive power in a specific sense can be seen in the selected category. This study used an analytical method to answer the research question regarding the concept of government in the Constitution. The study hypothesis in the lexicology of the term "government" in the Constitution was that the term "government" implies executive power in 8 principles. However, it does not include all of the executive power's sub-institutions in a general sense. According to research, the term "government" has a general meaning in principles 29, 43, 44, 147, 151, and 170, and a specific meaning in principles 52 and 80.https://jplsq.ut.ac.ir/article_83327_098c7c1c2d541b235097b1f53932194d.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222Analyzing the United States Practice before the International Court of JusticeAnalyzing the United States Practice before the International Court of Justice150915348369510.22059/jplsq.2020.300242.2380FARezvanBagherzadehAssistant Prof., Department of Law, Faculty of Literature and Humanities, Bu-Ali Sina University, Hamedan, IranJournal Article20200401In contemporary international legal system, the relationship between international and domestic law has still appeared to be a controversial issue and it seems to be even more challenging for federal governments e.g. the US. Paradoxically, the US Constitution recognizes international law as the higher law whereas federal and state authorities do not constantly comply with this prioritization. The US, seemingly a hegemon, in several cases has proved not to obey some international judicial decisions particularly the ICJ’s unless they are in harmony with its national interests. While analyzing tripartite branches of the US government, the legislature and executive apply double standards when dealing with the US international obligations, but state courts and even the Supreme Court, have repeatedly ignored the ICJ decisions and hence the US international commitments and initiated the so-called “New-Federalism”.In contemporary international legal system, the relationship between international and domestic law has still appeared to be a controversial issue and it seems to be even more challenging for federal governments e.g. the US. Paradoxically, the US Constitution recognizes international law as the higher law whereas federal and state authorities do not constantly comply with this prioritization. The US, seemingly a hegemon, in several cases has proved not to obey some international judicial decisions particularly the ICJ’s unless they are in harmony with its national interests. While analyzing tripartite branches of the US government, the legislature and executive apply double standards when dealing with the US international obligations, but state courts and even the Supreme Court, have repeatedly ignored the ICJ decisions and hence the US international commitments and initiated the so-called “New-Federalism”.https://jplsq.ut.ac.ir/article_83695_dbbefaeff17ff1441eb3bef73eddc31a.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222Detention of Ships as a Tool for the Protection of Marine EnvironmentDetention of Ships as a Tool for the Protection of Marine Environment153515518417710.22059/jplsq.2020.286503.2106FAMostafaTaghizadej AnsariAssistant Prof, Public Law Department, Islamic Azad University, North Tehran Branch, Tehran, IranFaezehZavareh TabatabaeiPh.D. student in International Law, Islamic Azad University, North Tehran Branch, Tehran, IranJournal Article20190731Prevention and Compensation are two major aims that international conventions on marine pollution have dealt with. The success of international regime to combat marine pollution, widely depends on the power of sanctions adopted by international conventions. Since there are different sources which cause marine pollution likes ships and shore. In this article, based on descriptive-analytical method, the subject of ship arrest and detain as a practical sanction to combat ship-source marine pollution has been discussed. It seems that international conventions built up a practical tool that can be used both in pollution prevention cases as well as compensation of pollution damage cases.Prevention and Compensation are two major aims that international conventions on marine pollution have dealt with. The success of international regime to combat marine pollution, widely depends on the power of sanctions adopted by international conventions. Since there are different sources which cause marine pollution likes ships and shore. In this article, based on descriptive-analytical method, the subject of ship arrest and detain as a practical sanction to combat ship-source marine pollution has been discussed. It seems that international conventions built up a practical tool that can be used both in pollution prevention cases as well as compensation of pollution damage cases.https://jplsq.ut.ac.ir/article_84177_f1f35ee975a56d317c77eccd6033b32c.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222Guardian Council's Ethical Approaches to Interpreting the Constitution of the Islamic Republic of Iran Concerning the Citizens’ Rights and FreedomsGuardian Council's Ethical Approaches to Interpreting the Constitution of the Islamic Republic of Iran Concerning the Citizens’ Rights and Freedoms155315788362510.22059/jplsq.2021.308510.2529FAMohammadMazhariAssistant Professor, Department of Public Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, IranFarzadJangjooiPhD student in Public Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, IranJournal Article20200819Achieving the goals and ideals of the Constitution is the result of implementing the provisions of the Constitution, which requires its interpretation where the provisions of the Constitution are ambiguous, concise, conflicting, or flawed and silent. Various approaches have been proposed regarding interpretation in the science of law and on this basis, the interpretation of the Constitution of the Islamic Republic of Iran can be done from different formal and substantive aspects. The practice of Guardian Council as the interpreter of the Constitution can be classified into three ethical approaches of egoism, deontological ethics, and rule utilitarianism. In the egoism interpretive approach, morality depends on the evaluation of results and achievements to the benefit of the person or organization, in which the norms of the Constitution are threatened. However, in deontological ethics, the Council considers it as its duty to guarantee the rights and freedoms of each citizen regardless of the results and benefits of restricting them. However, in rule utilitarianism, the Council does not put the utility directly into practice, instead it introduces some rules through it whose public acceptance leads to the maximum public good. Indeed, this approach can lead to a stronger and more enforced law and ultimately to the efficiency of the system.Achieving the goals and ideals of the Constitution is the result of implementing the provisions of the Constitution, which requires its interpretation where the provisions of the Constitution are ambiguous, concise, conflicting, or flawed and silent. Various approaches have been proposed regarding interpretation in the science of law and on this basis, the interpretation of the Constitution of the Islamic Republic of Iran can be done from different formal and substantive aspects. The practice of Guardian Council as the interpreter of the Constitution can be classified into three ethical approaches of egoism, deontological ethics, and rule utilitarianism. In the egoism interpretive approach, morality depends on the evaluation of results and achievements to the benefit of the person or organization, in which the norms of the Constitution are threatened. However, in deontological ethics, the Council considers it as its duty to guarantee the rights and freedoms of each citizen regardless of the results and benefits of restricting them. However, in rule utilitarianism, the Council does not put the utility directly into practice, instead it introduces some rules through it whose public acceptance leads to the maximum public good. Indeed, this approach can lead to a stronger and more enforced law and ultimately to the efficiency of the system.https://jplsq.ut.ac.ir/article_83625_dcabe4f1f0aa574087b1e4e3703ec849.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222Relationship between Reasonable and Equitable Principle and No-harm Principle in the International Watercourses Law based on the 1997 ConventionRelationship between Reasonable and Equitable Principle and No-harm Principle in the International Watercourses Law based on the 1997 Convention157916018167410.22059/jplsq.2021.319646.2708FANeginShafiei BaftiAssistant Prof., Department of Law, Faculty of Law and Theology, Shahid Bahonar University, Kerman, IranShimaSoleimaniA. in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, IranJournal Article20210223International Water Law like other legal branches is composed of a set of substantive and procedural principles. In fact, international legal community has established different legal principles in order to solve the problem of allocation and distribution of international watercourses. Two of the most important of these principles that are widely accepted in international law, the practice of governments, the works of legal scholars, case law, and jurisprudence, are equitable and reasonable principles and no-harm principle. The prevailing view is that the principle of equitable and reasonable use is given priority and the principle of no-harm is in subordinate to this principle. A deeper look at the articles of the 1997 Convention and other legal documents in this field and judicial judgments shows that the principle of no-harm is an independent principle in international water law that there is no conflict between this principle and the principle of equitable and reasonable.International Water Law like other legal branches is composed of a set of substantive and procedural principles. In fact, international legal community has established different legal principles in order to solve the problem of allocation and distribution of international watercourses. Two of the most important of these principles that are widely accepted in international law, the practice of governments, the works of legal scholars, case law, and jurisprudence, are equitable and reasonable principles and no-harm principle. The prevailing view is that the principle of equitable and reasonable use is given priority and the principle of no-harm is in subordinate to this principle. A deeper look at the articles of the 1997 Convention and other legal documents in this field and judicial judgments shows that the principle of no-harm is an independent principle in international water law that there is no conflict between this principle and the principle of equitable and reasonable.https://jplsq.ut.ac.ir/article_81674_3693179f0668c06ebc34b343b1433243.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222The Interpretation of the Expulsion of Foreigners in the Framework of the Prohibition of Torture in the Jurisprudence of the European Court of Human RightsThe Interpretation of the Expulsion of Foreigners in the Framework of the Prohibition of Torture in the Jurisprudence of the European Court of Human Rights160316218389710.22059/jplsq.2020.293082.2253FAAli RezaJalaliAssistan Professor, Law Department, Damghan University, Damghan, Iran0000-0002-6616-7642Journal Article20191128The European Convention on Human Rights describes prohibition of torture as an absolute right and in recent years the European Court of Human Rights has interpreted the expulsion of foreigners in the framework of that principle. But in these cases, the Court mitigates its point of view and doesn't apply an absolute parameter. In this research with an analytical-descriptive method, we’ll try to answer the following question: why in international law a right (prohibition of torture) is assessed as absolute, but in practice for foreigners the same principle is limited? At the end, we’ll prove that without a relativist interpretation of the Court, the sovereignty of European States about the expulsion of foreigners would be limited and this would entail negative economic consequences. Furthermore, without this interpretation, there would be problems also for the security of Europe. But this point of view raises criticism, because there is a duality in the Court jurisprudence: an absolute principle from a theoretical point of view becomes relative in the reality.The European Convention on Human Rights describes prohibition of torture as an absolute right and in recent years the European Court of Human Rights has interpreted the expulsion of foreigners in the framework of that principle. But in these cases, the Court mitigates its point of view and doesn't apply an absolute parameter. In this research with an analytical-descriptive method, we’ll try to answer the following question: why in international law a right (prohibition of torture) is assessed as absolute, but in practice for foreigners the same principle is limited? At the end, we’ll prove that without a relativist interpretation of the Court, the sovereignty of European States about the expulsion of foreigners would be limited and this would entail negative economic consequences. Furthermore, without this interpretation, there would be problems also for the security of Europe. But this point of view raises criticism, because there is a duality in the Court jurisprudence: an absolute principle from a theoretical point of view becomes relative in the reality.https://jplsq.ut.ac.ir/article_83897_419963d658ba6c7795ef4701827747ea.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222Legal Capacity of Broadcasting Privatization in the Islamic Republic of IranLegal Capacity of Broadcasting Privatization in the Islamic Republic of Iran162316438370710.22059/jplsq.2020.298608.2345FAMehdiKhorramdelPh.D. Student in Public Law, Shiraz Branch, Islamic Azad University, Shiraz, IranKouroshOstovarsangariAssistant Prof., Department of Public Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran0000-0001-8135-1360Journal Article20200228According to Articles 44 and 175 of the Iranian Constitution and the Parliament’s statutory approach, the Islamic Republic of Iran Broadcasting (IRIB) holds the monopoly of broadcasting radio and television programs. This paper examines the privatization capacity of IRIB. The most important obstacles for the realization of such a capacity include the Guardian Council’s interpretation of Articles 44 and 175 of the Iranian Constitution, articles like the Statute of the Organization and Resolutions of the Supreme Council of the Cultural Revolution. However, after having reviewed the mentioned articles and through the analysis of the Guardian Council’s interpretations, the authors came to the conclusion that privatization or at least removing such a monopoly could be possible.According to Articles 44 and 175 of the Iranian Constitution and the Parliament’s statutory approach, the Islamic Republic of Iran Broadcasting (IRIB) holds the monopoly of broadcasting radio and television programs. This paper examines the privatization capacity of IRIB. The most important obstacles for the realization of such a capacity include the Guardian Council’s interpretation of Articles 44 and 175 of the Iranian Constitution, articles like the Statute of the Organization and Resolutions of the Supreme Council of the Cultural Revolution. However, after having reviewed the mentioned articles and through the analysis of the Guardian Council’s interpretations, the authors came to the conclusion that privatization or at least removing such a monopoly could be possible.https://jplsq.ut.ac.ir/article_83707_7b32a52047a5413c048007e1ff16ac80.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222The Future Perspective of the Singapore Convention on Mediation in AsiaThe Future Perspective of the Singapore Convention on Mediation in Asia164516678250710.22059/jplsq.2020.294083.2274FAHooriehHosseini AbarnejadAssistant Prof., Faculty of Law, Tarbiat Modares University, Tehran, IranJournal Article20191214On 26 June 2018, the United Nations Commission on International Trade Law [UNCITRAL] approved the final drafts of the Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention). The goal of the Singapore Convention is to encourage international mediation in the same way that the New York Convention facilitates the recognition and enforcement of international arbitration awards. The mechanism provided in the Convention is based on national provisions and measures. The Convention provides a uniform, efficient framework for the recognition and enforcement of mediated settlement agreements that resolve international, commercial disputes. The Singapore Convention has great potential to impact the conduct of international dispute resolution in Asia, where mediation is viewed as a valuable tool to resolve commercial disputes as it is consistent with Asian values and culture. It is hoped that Asian jurisdictions will widely support the Singapore Convention, and thereby usher in a brighter future for Asian dispute resolution.On 26 June 2018, the United Nations Commission on International Trade Law [UNCITRAL] approved the final drafts of the Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention). The goal of the Singapore Convention is to encourage international mediation in the same way that the New York Convention facilitates the recognition and enforcement of international arbitration awards. The mechanism provided in the Convention is based on national provisions and measures. The Convention provides a uniform, efficient framework for the recognition and enforcement of mediated settlement agreements that resolve international, commercial disputes. The Singapore Convention has great potential to impact the conduct of international dispute resolution in Asia, where mediation is viewed as a valuable tool to resolve commercial disputes as it is consistent with Asian values and culture. It is hoped that Asian jurisdictions will widely support the Singapore Convention, and thereby usher in a brighter future for Asian dispute resolution.https://jplsq.ut.ac.ir/article_82507_3f49e0a257e2a557088e114cc4092c20.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222Security Council’s Approach in the Development of the Concept of Peace with Emphasis on Women’s Role in Armed Conflicts (2000-2019)Security Council’s Approach in the Development of the Concept of Peace with Emphasis on Women’s Role in Armed Conflicts (2000-2019)166916948217410.22059/jplsq.2020.291988.2225FAMansourehSharifi SadrPhd. Student in International Relations, Faculty of law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, IranMehdiZakarian AmiriAssociate Professor, Depatment of International Relations, Faculty of law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, IranJournal Article20191105The Security Council, as the principal body of the United Nations for retaining international peace and security, played its role by intervening in conflicts between governments during the cold war era. In the new post-cold war paradigm, besides the previous role, the Council was tasked with making norms of international concepts especially on peace. The Security Council through normative resolutions by emphasizing “sexual considerations” in its international peace and security task from the year 2000 has affected the concept of peace. Such an approach, which has led to an important development in the Council’s activities, as well as women’s rights, came to be known as “Women, Peace, and Security”. Ten resolutions have been ratified by the Security Council on the issue of “women, peace and security” in less than two decades, from 2000 to 2019. It shows the high importance of the connection between the issue of women and international peace and security, and reiterates the significant role of the Security Council in the development of the peace norm.The Security Council, as the principal body of the United Nations for retaining international peace and security, played its role by intervening in conflicts between governments during the cold war era. In the new post-cold war paradigm, besides the previous role, the Council was tasked with making norms of international concepts especially on peace. The Security Council through normative resolutions by emphasizing “sexual considerations” in its international peace and security task from the year 2000 has affected the concept of peace. Such an approach, which has led to an important development in the Council’s activities, as well as women’s rights, came to be known as “Women, Peace, and Security”. Ten resolutions have been ratified by the Security Council on the issue of “women, peace and security” in less than two decades, from 2000 to 2019. It shows the high importance of the connection between the issue of women and international peace and security, and reiterates the significant role of the Security Council in the development of the peace norm.https://jplsq.ut.ac.ir/article_82174_b1b5e3b26c5ad94e496a7e7646fde407.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222Function of Judicial Reasoning in Administrative ProcedureFunction of Judicial Reasoning in Administrative Procedure169517128389610.22059/jplsq.2020.293153.2255FAAhmadDeylamiAssociate Prof. Faculty of Law, University of Qom, Qom, IranZahraBidarPh.D. Student in Public Law, University of Qom, Qom, IranJournal Article20191129Judicial reasoning is a process in which magistrates reach what they do not know using data and information (what they know and clear) when dealing with cases in court. Correct passing through this process by the judge results in the acceptance of the judgments on the one hand and the acceptance and enforcement of the judgments on the other. The following article seeks to analyse whether the reasoning in administrative procedure, in view of their features, are distinct from those of criminal and civil matters. The results of this descriptive-analytic study show that although administrative reasoning has the same components of reasoning in other proceedings as: problem explanation, fact discovery, legal rule discovery, analysis, and inference, the differences in administrative litigation in terms of parties, purpose, subject matter and the like have led to its relative difference with other areas of judicial reasoning. This distinction requires that a specialist judge in administrative affairs should carry out the process of reasoning in administrative litigation.Judicial reasoning is a process in which magistrates reach what they do not know using data and information (what they know and clear) when dealing with cases in court. Correct passing through this process by the judge results in the acceptance of the judgments on the one hand and the acceptance and enforcement of the judgments on the other. The following article seeks to analyse whether the reasoning in administrative procedure, in view of their features, are distinct from those of criminal and civil matters. The results of this descriptive-analytic study show that although administrative reasoning has the same components of reasoning in other proceedings as: problem explanation, fact discovery, legal rule discovery, analysis, and inference, the differences in administrative litigation in terms of parties, purpose, subject matter and the like have led to its relative difference with other areas of judicial reasoning. This distinction requires that a specialist judge in administrative affairs should carry out the process of reasoning in administrative litigation.https://jplsq.ut.ac.ir/article_83896_2c03918f34a9ec94e368bb80c14c437c.pdfUniversity of TehranPublic Law Studies Quarterly2423-812051420211222Legal Aspects of UK Diplomatic Protection of Nazanin ZaghariLegal Aspects of UK Diplomatic Protection of Nazanin Zaghari171317348103510.22059/jplsq.2020.290627.2190FAAzamAminiAssistant Professor, Department of Law, Faculty of Law and Political sciences, Ferdowsi University of Mashhad, Mashhad, IranMohammadAbediAssistant Professor, Department of Law, Faculty of Law and Political sciences, Ferdowsi University of Mashhad, Mashhad, IranJournal Article20191013State right to exert diplomatic protection of its nationals, who have been harmed in other countries, is an incontestable subject matter, provided that they prove their nationality, exhaustion of local remedies, and commit internationally wrongful acts. However, the possibility of diplomatic protection of those with dual nationality in other subject country and resort to human rights of the protected individual is among issues that have been well-established in international practice. Detention, trial, and condemnation of Mrs. Nazanin Zaghari, an Iranian-British Subject, in Iran and UK diplomatic protection of her, and the probability of UK litigation in ICJ once again raised the question of dominant nationality of protected individual and resort to human rights as a basis for diplomatic protection. In this survey, conducted by a descriptive-analytical method, Britain justifications for diplomatic protection of Mrs. Zaghari on the basis of dominant nationality and human rights have been investigated and it has been criticized based on national regulations of Iran in the context of nationality and the principle of prohibition of abuse of rights and estoppel. Additionally, political negotiations with Britain to solve the dispute or Iran withdrawal from the protocol on compulsory admission of ICJ jurisdiction annexed to Vienna Convention on Consular Relations before filing a lawsuit before ICJ can be considered as possible solutions.State right to exert diplomatic protection of its nationals, who have been harmed in other countries, is an incontestable subject matter, provided that they prove their nationality, exhaustion of local remedies, and commit internationally wrongful acts. However, the possibility of diplomatic protection of those with dual nationality in other subject country and resort to human rights of the protected individual is among issues that have been well-established in international practice. Detention, trial, and condemnation of Mrs. Nazanin Zaghari, an Iranian-British Subject, in Iran and UK diplomatic protection of her, and the probability of UK litigation in ICJ once again raised the question of dominant nationality of protected individual and resort to human rights as a basis for diplomatic protection. In this survey, conducted by a descriptive-analytical method, Britain justifications for diplomatic protection of Mrs. Zaghari on the basis of dominant nationality and human rights have been investigated and it has been criticized based on national regulations of Iran in the context of nationality and the principle of prohibition of abuse of rights and estoppel. Additionally, political negotiations with Britain to solve the dispute or Iran withdrawal from the protocol on compulsory admission of ICJ jurisdiction annexed to Vienna Convention on Consular Relations before filing a lawsuit before ICJ can be considered as possible solutions.https://jplsq.ut.ac.ir/article_81035_1ced301cf568807a57d6158d1d7134cf.pdf