University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 Parallel Contractual and Treaty Claims in Foreign Investment Disputes Parallel Contractual and Treaty Claims in Foreign Investment Disputes 1651 1676 88811 10.22059/jplsq.2020.292583.2239 FA Leila Razavi Toussi PhD in International Law, Faculty of Law and Political Science, Islamic Azad University, Science and Research Branch, Tehran, Iran Seyed Jamal Seyfi Associate Professor, Department of Public International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran Mohden Mohebi Associate Professor, Department of Law and Political Science, Islamic Azad University, Science and Research Branch, Tehran, Iran 0000-0002-2204-9679 Journal Article 2019 11 16 International investment treaties and contracts are two different legal instruments aimed at encouraging and supporting foreign investment.  The coexistence and simultaneous governance of the two is possible in the case of a single investment. However, under international investment law, coexistence between these two instruments has created major problems. Indeed, due to the broadness of investor treatment standards, especially the fair and equitable treatment standard, sometimes contractual breaches are seen as breach of the broader treaty standards. As such, due to the difference between dispute settlement clauses in investment contracts and inter-state investment treaties and the applicability of each clause, there will always be the possibility of conflict of jurisdiction between the authorities concerned. This article explores the circumstances under which investment treaty arbitration will be competent to adjudicate claims arising out of breach of an investment contract. In addition,  ICSID arbitral jurisprudence is analyzed on the basis of restrictive and/or extensive interpretation of dispute settlements clauses in both investment contracts and investment treaties. International investment treaties and contracts are two different legal instruments aimed at encouraging and supporting foreign investment.  The coexistence and simultaneous governance of the two is possible in the case of a single investment. However, under international investment law, coexistence between these two instruments has created major problems. Indeed, due to the broadness of investor treatment standards, especially the fair and equitable treatment standard, sometimes contractual breaches are seen as breach of the broader treaty standards. As such, due to the difference between dispute settlement clauses in investment contracts and inter-state investment treaties and the applicability of each clause, there will always be the possibility of conflict of jurisdiction between the authorities concerned. This article explores the circumstances under which investment treaty arbitration will be competent to adjudicate claims arising out of breach of an investment contract. In addition,  ICSID arbitral jurisprudence is analyzed on the basis of restrictive and/or extensive interpretation of dispute settlements clauses in both investment contracts and investment treaties. https://jplsq.ut.ac.ir/article_88811_b2ad6b3f8e9ecf45af1dd9f1cac68191.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 Analysis of “Material Breach” Under Article 60 of the 1969 Vienna Convention on the Law of Treaties in Light of the Jurisprudence of the International Court of Justice Analysis of “Material Breach” Under Article 60 of the 1969 Vienna Convention on the Law of Treaties in Light of the Jurisprudence of the International Court of Justice 1677 1695 89298 10.22059/jplsq.2021.309993.2566 FA Seyed Fazlullah Mousavi Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran 0000-0002-2249-5943 Razieh Hekmatara Ph.D. Student in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran Journal Article 2020 09 20 International treaty law recognizes the right of the injured party to terminate a treaty or suspend it as a result of a breach. This right is based on one of the general principles of law, according to which neither party can demand the implementation of a contract that the other party has violated. However, with regard to the scope of implementation of this principle, the fundamental question is how the treaty should have been violated? Article 60 (3) of the 1969 Vienna Convention on the Law of Treaties makes this right applicable only in cases of “material breach” of the treaty. The present paper, based on a descriptive-analytical method and emphasizing the decisions of the International Court of Justice, examines the various dimensions of the concept of material breach of the treaty. It argues that the concept of material breach is complex and interpretable and, due to its different interpretations, allows for differences in its implementation between members of the treaty. International treaty law recognizes the right of the injured party to terminate a treaty or suspend it as a result of a breach. This right is based on one of the general principles of law, according to which neither party can demand the implementation of a contract that the other party has violated. However, with regard to the scope of implementation of this principle, the fundamental question is how the treaty should have been violated? Article 60 (3) of the 1969 Vienna Convention on the Law of Treaties makes this right applicable only in cases of “material breach” of the treaty. The present paper, based on a descriptive-analytical method and emphasizing the decisions of the International Court of Justice, examines the various dimensions of the concept of material breach of the treaty. It argues that the concept of material breach is complex and interpretable and, due to its different interpretations, allows for differences in its implementation between members of the treaty. https://jplsq.ut.ac.ir/article_89298_d6d55f44bcc66e447930150826e5a931.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 A Legal Analysis of the Pension Fund System in the European Union A Legal Analysis of the Pension Fund System in the European Union 1697 1716 88662 10.22059/jplsq.2020.292302.2229 FA Aidin Bagheri Ph.D. Student in public law Department of the public law, Faculty of Law and Political Science, Science and Research Branch, islamic azad University, Tehran, Iran Mohamadreza Mojtehedi Department of the public law, Faculty of Law and Social Science, University tabriz, Iran Journal Article 2019 11 10 The management and status of pension funds have always been a major concern in modern societies. In terms of functions, these funds have a multifaceted impact. The deterioration of pension funds can have serious effects on society and the economy. The situation of pension funds in Europe has long been under scrutiny, and legal studies in this area are conducted with foresight and caution. Officials realized that neglect of the pension funds could engulf these funds in a crisis of legitimacy and efficiency. Therefore, they implemented continuous reforms according to the requirements of each country. In this paper, an attempt has been made to examine the evolution of the concept of social support in European countries in the context of the welfare state. However, it should be borne in mind that the level of development of the funds is not the same among European countries. Also, the role of the European Union in implementing reforms in the pension programs of member states is significant. The management and status of pension funds have always been a major concern in modern societies. In terms of functions, these funds have a multifaceted impact. The deterioration of pension funds can have serious effects on society and the economy. The situation of pension funds in Europe has long been under scrutiny, and legal studies in this area are conducted with foresight and caution. Officials realized that neglect of the pension funds could engulf these funds in a crisis of legitimacy and efficiency. Therefore, they implemented continuous reforms according to the requirements of each country. In this paper, an attempt has been made to examine the evolution of the concept of social support in European countries in the context of the welfare state. However, it should be borne in mind that the level of development of the funds is not the same among European countries. Also, the role of the European Union in implementing reforms in the pension programs of member states is significant. https://jplsq.ut.ac.ir/article_88662_9499eecadab18229a29ada41aea9e2b7.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 A Critical Analysis of the Concept of Collective Security in the Current International System A Critical Analysis of the Concept of Collective Security in the Current International System 1717 1737 87095 10.22059/jplsq.2020.289395.2175 FA Pariya Pelasaeedi Ph.D. Student in International Law, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran Amir Hossein Ranjbarian Associate Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran Journal Article 2019 09 23 When it comes to collective security, and specifically collective security as a “system”, the existence of a sort of order and a form of rule of law is presumed. However, the distribution of power in the post-World War II era, which is based on the old balance-of-power pattern, has failed to realize collective security in its most developed form, i.e., as a deterrent against any violation of the prohibition on the use of force. That is where the issue of international terrorism, as a turning point in contemporary history, has made the dichotomy between self-defense and collective security more evident. It seems that the clash between these two concepts has caused the collective security system to be undermined if not completely destroyed, and thus be replaced with unilateral policies. When it comes to collective security, and specifically collective security as a “system”, the existence of a sort of order and a form of rule of law is presumed. However, the distribution of power in the post-World War II era, which is based on the old balance-of-power pattern, has failed to realize collective security in its most developed form, i.e., as a deterrent against any violation of the prohibition on the use of force. That is where the issue of international terrorism, as a turning point in contemporary history, has made the dichotomy between self-defense and collective security more evident. It seems that the clash between these two concepts has caused the collective security system to be undermined if not completely destroyed, and thus be replaced with unilateral policies. https://jplsq.ut.ac.ir/article_87095_c1060a593450737d254ce9eacbd0e992.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 The Judiciary and Legal Thought in Sa'adi's Word The Judiciary and Legal Thought in Sa'adi's Word 1739 1755 88607 10.22059/jplsq.2020.283203.2039 FA Mohammad Eshaghi Assistant Prof, Department of jurisprudence and the foundations of Islamic law group , Faculty of Theology and Islamic Studies, University of Tehran, Tehran, Iran Journal Article 2019 06 16 Sa'adi should be considered more than a poet or literary man; he is also a great scientist, scholar and jurisprudent. Based on the Quran and Ahlolbeyt (members of prophet Mohammad’s family)’s teachings, he has created a prism in terms of prose and poetry as a monument. It is well-known that the works of Sa'adi cover various topics. This research is an endeavor to understand his less-known legal thoughts . It is possible to find many legal topics in the works of Sa'adi regarding constitutional, administrative, criminal, and procedural law that are compatible with Islamic jurisprudence. The findings of this research show that Sa'adi’s works include various legal points in the said fields which can explain his legal thoughts. Sa'adi should be considered more than a poet or literary man; he is also a great scientist, scholar and jurisprudent. Based on the Quran and Ahlolbeyt (members of prophet Mohammad’s family)’s teachings, he has created a prism in terms of prose and poetry as a monument. It is well-known that the works of Sa'adi cover various topics. This research is an endeavor to understand his less-known legal thoughts . It is possible to find many legal topics in the works of Sa'adi regarding constitutional, administrative, criminal, and procedural law that are compatible with Islamic jurisprudence. The findings of this research show that Sa'adi’s works include various legal points in the said fields which can explain his legal thoughts. https://jplsq.ut.ac.ir/article_88607_d3f7b5b8cbe50ea2786d4e9f823fff3e.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 The Judicial Process of Individual Labor Disputes in Iran, France and the United States The Judicial Process of Individual Labor Disputes in Iran, France and the United States 1757 1778 88689 10.22059/jplsq.2021.306812.2505 FA Abbas Karimi prof., Department of Private and Islamic Law, Faculty of Law and Political science, University of Tehran, Tehran, Iran Fatemeh Rahmati Ph.D. in Private Law, Alborz Campus, University of Tehran, Tehran, Iran Journal Article 2020 07 26 The large number of employers and employees and their substantial participation in the economy and the weak position of employees in the labor-management relationship, demonstrates the importance and necessity of research on individual labor dispute resolution. This paper is a comparative study of the judicial mechanisms for individual labor dispute resolution in Iran, France and The United States. In Iran, unlike the two other countries, administrative authorities resolve labor disputes under special rules. This study will show that the use of a professional judge who is an expert in labor law and familiar with the social, political and economic aspects of labor relations, in addition to representatives of workers and employers who truly represent their respective groups, together with reforming procedural aspects of labor law, especially in terms of discovery of evidence, will significantly improve Iranian labor law. The large number of employers and employees and their substantial participation in the economy and the weak position of employees in the labor-management relationship, demonstrates the importance and necessity of research on individual labor dispute resolution. This paper is a comparative study of the judicial mechanisms for individual labor dispute resolution in Iran, France and The United States. In Iran, unlike the two other countries, administrative authorities resolve labor disputes under special rules. This study will show that the use of a professional judge who is an expert in labor law and familiar with the social, political and economic aspects of labor relations, in addition to representatives of workers and employers who truly represent their respective groups, together with reforming procedural aspects of labor law, especially in terms of discovery of evidence, will significantly improve Iranian labor law. https://jplsq.ut.ac.ir/article_88689_e7c90ff2df64190196a688ab6e1e3f2b.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 Illegal Dismissal of Workers in Australian Labor Law Illegal Dismissal of Workers in Australian Labor Law 1779 1798 89858 10.22059/jplsq.2021.307413.2510 FA Niloofar Soleimani Ph.D. Student in Public Law, Department of Law, Kermanshah branch, Islamic Azad University, Kermanshah, Iran Mohamadjavad Jafari Assistant Prof, Department of public law, Kermanshah branch, Islamic Azad University, Kermanshah, Iran Iraj Ranjbar Assistant Prof, Department of political science, Kermanshah branch, Islamic Azad University, Kermanshah, Iran Journal Article 2020 09 05 Dismissal of workers is directly related to their job security, human dignity and income. As such, legislation on this issue is very important. In view of Australia’s mixed economic system, labor laws are supposed to keep a balance between economic growth and labors’ rights. Using a descriptive- analytical method, this paper studies Australian law on worker dismissal and compares it to regulations of the International Labor Organization (ILO). The main question of the paper is what types of dismissal are considered unfair in Australian law and to what extent the labor regulations of this country have complied with ILO standards?  In terms of compatibility with ILO standards, and based on the statistics presented by labor groups and the Fair Labor Commission, it can be concluded that Australia’s labor regulations are one of the most advanced in the world and can be a model for other legislators. Dismissal of workers is directly related to their job security, human dignity and income. As such, legislation on this issue is very important. In view of Australia’s mixed economic system, labor laws are supposed to keep a balance between economic growth and labors’ rights. Using a descriptive- analytical method, this paper studies Australian law on worker dismissal and compares it to regulations of the International Labor Organization (ILO). The main question of the paper is what types of dismissal are considered unfair in Australian law and to what extent the labor regulations of this country have complied with ILO standards?  In terms of compatibility with ILO standards, and based on the statistics presented by labor groups and the Fair Labor Commission, it can be concluded that Australia’s labor regulations are one of the most advanced in the world and can be a model for other legislators. https://jplsq.ut.ac.ir/article_89858_6623bf9cfcfa67bde0ee28fb444e6be6.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 The Interaction between Sustainable Development and the Fair and Equitable Treatment Standard in International Investment Arbitrations The Interaction between Sustainable Development and the Fair and Equitable Treatment Standard in International Investment Arbitrations 1799 1817 89886 10.22059/jplsq.2022.325999.2806 FA Mehdi Piri Assistant Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran 0000-0002-0065-9994 Yasaman Azadi Ph.D. Student in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran Journal Article 2021 06 22 The obligation of the host state to fair and equitable treatment of foreign investors includes maintaining the stability of the investment environment, transparency, compliance with legal procedures and etc. On the other hand, sustainable development is a dynamic concept whose implementation requires constant domestic and international regulation. A question may arise as to how these two principles can be balanced, most particularly in investment arbitrations. In this article, the possible contrast between these two commitments and the case-law of international investment arbitration on this subject will be examined. It will be concluded that the fair and equitable treatment standard can be interpreted with respect to the object and purpose of an investment agreement in light of the other requirements of the agreement, such as sustainable development. With regard to international investment arbitration case-law, it seems that arbitral tribunals have used behavioral criteria to make interaction among such obligations possible. The obligation of the host state to fair and equitable treatment of foreign investors includes maintaining the stability of the investment environment, transparency, compliance with legal procedures and etc. On the other hand, sustainable development is a dynamic concept whose implementation requires constant domestic and international regulation. A question may arise as to how these two principles can be balanced, most particularly in investment arbitrations. In this article, the possible contrast between these two commitments and the case-law of international investment arbitration on this subject will be examined. It will be concluded that the fair and equitable treatment standard can be interpreted with respect to the object and purpose of an investment agreement in light of the other requirements of the agreement, such as sustainable development. With regard to international investment arbitration case-law, it seems that arbitral tribunals have used behavioral criteria to make interaction among such obligations possible. https://jplsq.ut.ac.ir/article_89886_73d1c23259206829db17db9bb447491e.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 Concession and Chartered Companies in the Context of Public Law Concession and Chartered Companies in the Context of Public Law 1819 1842 89161 10.22059/jplsq.2021.319838.2710 FA Arezoo Rangchian Assistant Prof., Department of Law, Human Sciences Faculty, Shams institude of Higher Education, Gonbad Kavous, Iran Erfan Lajevardi Assistant Pro., Azad University, Central branch,Tehran, Iran Journal Article 2021 02 28 The concept of monopolistic concession and the emergence of chartered companies are based on three bases: the identification and integration of legal entities, limited liability, and monopoly. The institution of legal personality first emerged in guilds and regulated companies and the limited liability company is the product of chartered companies. But, among the three aforementioned bases, monopoly is the most prominent feature of a chartered company, namely the disqualification of citizens from an economic activity and its assignment to an internal or external person. Chartered companies are not a thing of the past; today, "charter" is also a feature of state-owned companies that are established to serve the public interest, relying on monopolies in business within the framework of law. In Iran, the law grants legal personality to such companies. This article uses a descriptive-analytical method to examine the legal basis of the emergence and disappearance of chartered companies and its impact on contemporary state-owned companies. The concept of monopolistic concession and the emergence of chartered companies are based on three bases: the identification and integration of legal entities, limited liability, and monopoly. The institution of legal personality first emerged in guilds and regulated companies and the limited liability company is the product of chartered companies. But, among the three aforementioned bases, monopoly is the most prominent feature of a chartered company, namely the disqualification of citizens from an economic activity and its assignment to an internal or external person. Chartered companies are not a thing of the past; today, "charter" is also a feature of state-owned companies that are established to serve the public interest, relying on monopolies in business within the framework of law. In Iran, the law grants legal personality to such companies. This article uses a descriptive-analytical method to examine the legal basis of the emergence and disappearance of chartered companies and its impact on contemporary state-owned companies. https://jplsq.ut.ac.ir/article_89161_17e818cad256764eb702d5426b7c1968.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 Attribution of Responsibility to International Organizations in Light of the Bosphorus Case Attribution of Responsibility to International Organizations in Light of the Bosphorus Case 1843 1863 89857 10.22059/jplsq.2021.296659.2308 FA Ahmad Momenirad Associated Prof. Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran 0000-0003-1099-5905 Bagher Roozbahani Ph.D. Student in International Law, Faculty of Law and Political Science, University of Tehran (Pardise Alborz), Tehran, Iran 0009-0004-5320-4813 Journal Article 2020 01 26 The European Court of Human Rights (ECHR) is seen as the most important human rights judicial body not only in Europe but also around the world. However, with its decisions in such cases as Bahrami and Saramati, the ECHR has reduced its popularity and authority as a defender of human rights. Nonetheless, by applying the criterion of "effective control" instead of "ultimate control" for assigning responsibility to international organizations in the Bosporus case, the court seems to have recovered its credibility. This is so despite some well-founded criticism of the Court's decision in this case. This is the topic that the present article seeks to explain by analyzing the ECHR' judgement in the Bosporus Airways v. Ireland case. The European Court of Human Rights (ECHR) is seen as the most important human rights judicial body not only in Europe but also around the world. However, with its decisions in such cases as Bahrami and Saramati, the ECHR has reduced its popularity and authority as a defender of human rights. Nonetheless, by applying the criterion of "effective control" instead of "ultimate control" for assigning responsibility to international organizations in the Bosporus case, the court seems to have recovered its credibility. This is so despite some well-founded criticism of the Court's decision in this case. This is the topic that the present article seeks to explain by analyzing the ECHR' judgement in the Bosporus Airways v. Ireland case. https://jplsq.ut.ac.ir/article_89857_64b591eb7d7d43a100456a6f582868ec.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 Heidegger’s Reading of Anthropology and its Impact on the Philosophy of Public Law Heidegger’s Reading of Anthropology and its Impact on the Philosophy of Public Law 1865 1880 89002 10.22059/jplsq.2020.298630.2347 FA Ali Mashhadi Associate Professor of Public Law Department, University of Qom, Qom, Iran 0000-0001-8439-1384 Morvarid Ahouri Phd Student of Public law, Islamic Azad University, Qom Branch, Qom, Iran Journal Article 2020 03 01 In this paper, the ideas of Heidegger and their impact on the philosophy of public law has been analyzed. The common point between Heidegger's thoughts and the philosophy of public law is their view of human beings, which is based on the existential dignity and human nature of law. In fact, if we are to consider the influence of Heidegger on public law, we must go back to issues related to the inherent dignity of human beings. From Heidegger’s point of view, the roots of the current human crisis lie in the ignorance of human essence. Moreover, the effect of Heidegger's special type of anthropology on the formation of man and his place in society and the legal system should be discussed. This paper attempts to analyze some aspects of this approach on the basic teachings of the philosophy of law. Therefore, we will first discuss the place of man in Heidegger's thoughts and then examine the effect of Heidegger's views on human rights in the philosophy of public law within the framework of concepts such as humanism, human rights, sovereignty in the modern era, freedom, democracy and technology. In this paper, the ideas of Heidegger and their impact on the philosophy of public law has been analyzed. The common point between Heidegger's thoughts and the philosophy of public law is their view of human beings, which is based on the existential dignity and human nature of law. In fact, if we are to consider the influence of Heidegger on public law, we must go back to issues related to the inherent dignity of human beings. From Heidegger’s point of view, the roots of the current human crisis lie in the ignorance of human essence. Moreover, the effect of Heidegger's special type of anthropology on the formation of man and his place in society and the legal system should be discussed. This paper attempts to analyze some aspects of this approach on the basic teachings of the philosophy of law. Therefore, we will first discuss the place of man in Heidegger's thoughts and then examine the effect of Heidegger's views on human rights in the philosophy of public law within the framework of concepts such as humanism, human rights, sovereignty in the modern era, freedom, democracy and technology. https://jplsq.ut.ac.ir/article_89002_0ed59365c9661717a5809aba12f64c5c.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 The Duty to Pay Tax and the Law of Obligations The Duty to Pay Tax and the Law of Obligations 1881 1903 85954 10.22059/jplsq.2021.314151.2635 FA Ahmad Shahniaie Assistant Prof of Law, the Institute For Management And Planning Studies (IMPS), Tehran, Iran 0000-0003-4375-4374 Journal Article 2020 11 23 The duty to pay tax, as a debt of an income earner to the state, has special bases, institutions and rules compared with the other obligations. Considering the legal basis of tax obligation and its characteristics, many rules and concepts of the general theory of obligations do not apply to tax obligation. However, the basic legal principles such as public order, fundamental freedoms, legal justice which stem from basic and common elements of the legal system, apply to tax obligation as well. The purpose of this paper is to analyze the place and characteristics of tax obligation in the framework of the general theory of obligations. The method of research is analytical and is based on laws and regulations, and comparative studies. The duty to pay tax, as a debt of an income earner to the state, has special bases, institutions and rules compared with the other obligations. Considering the legal basis of tax obligation and its characteristics, many rules and concepts of the general theory of obligations do not apply to tax obligation. However, the basic legal principles such as public order, fundamental freedoms, legal justice which stem from basic and common elements of the legal system, apply to tax obligation as well. The purpose of this paper is to analyze the place and characteristics of tax obligation in the framework of the general theory of obligations. The method of research is analytical and is based on laws and regulations, and comparative studies. https://jplsq.ut.ac.ir/article_85954_ccaf5bf01094b61e9edeaa9c8fe13d83.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 The Efficiency of the "Common but Differentiated Responsibility” Principle in the Law of Climate Change The Efficiency of the "Common but Differentiated Responsibility” Principle in the Law of Climate Change 1905 1925 88651 10.22059/jplsq.2019.283165.2033 FA Ehsan Azizi Ph.D. Student, International Law Department, Law and Humanities Faculty, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran 0000-0001-5047-1896 Alireza Arashpuor Associate Prof., University of Isfahan, Isfahan, Iran Leila Raisi Dezaki Associate Prof., International Law Department, Law and Humanities Faculty, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran 0009-0000-6024-7177 Journal Article 2019 06 09 Climate change is the big tragedy of our era, which has affected or will affect all of the inhabitants of the Earth. The extent and intensity of the climate change phenomenon is such that combating it is impossible without global participation, and the mobilization of all available capacities. The law of climate change needed a way by which such a public participation could be realized. The formation of the “common but differentiated responsibility” (CBDR) principle was a response to this need. However, the efficiency of this principle has been doubted. Due to the continuation of climate change and its adverse effects, the question arises: is the CBDR principle efficient enough to solve a crisis which is threatening the survival of mankind? In this paper, some of challenges the CBDR principle is facing as a rule of international climate change law have been examined in order to evaluate its efficiency. Climate change is the big tragedy of our era, which has affected or will affect all of the inhabitants of the Earth. The extent and intensity of the climate change phenomenon is such that combating it is impossible without global participation, and the mobilization of all available capacities. The law of climate change needed a way by which such a public participation could be realized. The formation of the “common but differentiated responsibility” (CBDR) principle was a response to this need. However, the efficiency of this principle has been doubted. Due to the continuation of climate change and its adverse effects, the question arises: is the CBDR principle efficient enough to solve a crisis which is threatening the survival of mankind? In this paper, some of challenges the CBDR principle is facing as a rule of international climate change law have been examined in order to evaluate its efficiency. https://jplsq.ut.ac.ir/article_88651_9c04e24ccde45a5419fabc2e918e750c.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 The Rule of Law and Capacity-Building in the Practice of Ad -hoc International Criminal Tribunals The Rule of Law and Capacity-Building in the Practice of Ad -hoc International Criminal Tribunals 1927 1952 88668 10.22059/jplsq.2020.292684.2246 FA Sayyed Mohammad Hashemi Prof. Department of Public Law. Faculty of Law.Islamic Azad University.Branch (south tehran) Retired Prof. Department of Public Law. Faculty of Law.University of Shahid Beheshti. Tehran. Iran Vahid Salehi Ph.D. in Public Law. Department of Law. Islamic Azad University.United Arab Emirate(UAE) Branch (Dubai) 0009-0001-1934-6314 Journal Article 2019 11 23 The Ad hoc international criminal tribunals, namely the ICTY and ICTR, take precedence over domestic courts in the territories of states subject to their jurisdiction. The obligation of these states to abide by the statutes and decisions of the ad hoc tribunals on the one hand, and the need to strengthen their judicial and legal systems based on the so-called completion strategy on the other, have given a local face to the administration of justice in these post-conflict territories. It highlights coherent national reconciliation plans for capacity-building in these tribunals. Accordingly, the ad hoc tribunals have implemented capacity-building programs (such as workshops, training of law enforcement forces, etc.) in order to strengthen national legal systems for the realization of transitional justice. However, the tribunals have faced challenges such as prejudiced judges and prosecutors, which have hampered the effectiveness of the capacity-building programs in meeting the criteria for the rule of law within these territories. The Ad hoc international criminal tribunals, namely the ICTY and ICTR, take precedence over domestic courts in the territories of states subject to their jurisdiction. The obligation of these states to abide by the statutes and decisions of the ad hoc tribunals on the one hand, and the need to strengthen their judicial and legal systems based on the so-called completion strategy on the other, have given a local face to the administration of justice in these post-conflict territories. It highlights coherent national reconciliation plans for capacity-building in these tribunals. Accordingly, the ad hoc tribunals have implemented capacity-building programs (such as workshops, training of law enforcement forces, etc.) in order to strengthen national legal systems for the realization of transitional justice. However, the tribunals have faced challenges such as prejudiced judges and prosecutors, which have hampered the effectiveness of the capacity-building programs in meeting the criteria for the rule of law within these territories. https://jplsq.ut.ac.ir/article_88668_6ea395e8a2f1814c9b2cfca2c06c5b2a.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 The Special Protection of Fundamental Rights in Foreign and International Models and the Sealing of Gaps in the Iranian Legal System The Special Protection of Fundamental Rights in Foreign and International Models and the Sealing of Gaps in the Iranian Legal System 1953 1968 89001 10.22059/jplsq.2020.288164.2148 FA Ali Reza Jalali Assistant Professor, Law Department, Faculty of Humanities, University of Damghan, Damghan, Iran 0000-0002-6616-7642 Journal Article 2019 08 31 Various National and international legal systems demonstrate that the greater the special protection of fundamental rights is, the more developed a legal system will become. After the presentation of data and its analysis, the following question will be answered in the present paper: based on national and international models and particularities of the Iranian legal system, what methods and institutions can be more effective for the special protection of Iranian citizens’ fundamental rights? The findings of this study suggest that the creation of a special court - called Citizens Rights Court- with the purpose of completing article 25 of the Iranian Penal Procedure Code or the broadening of the Guardian Council’s competence in terms of subsequent supervision, may be ways to improve the Iranian legal system in the terms of protecting fundamental rights of citizens. Various National and international legal systems demonstrate that the greater the special protection of fundamental rights is, the more developed a legal system will become. After the presentation of data and its analysis, the following question will be answered in the present paper: based on national and international models and particularities of the Iranian legal system, what methods and institutions can be more effective for the special protection of Iranian citizens’ fundamental rights? The findings of this study suggest that the creation of a special court - called Citizens Rights Court- with the purpose of completing article 25 of the Iranian Penal Procedure Code or the broadening of the Guardian Council’s competence in terms of subsequent supervision, may be ways to improve the Iranian legal system in the terms of protecting fundamental rights of citizens. https://jplsq.ut.ac.ir/article_89001_3fae582e93f3095ec385937c994fa49e.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 Environmental Approach of Foreign Investment Insurers Environmental Approach of Foreign Investment Insurers 1969 1992 88604 10.22059/jplsq.2020.280598.2005 FA Elnaz Nesari Ph.D. in Public International Law, Faculty of Law and Political Science, Allame Tabatabaei University, Tehran, Iran Azam Amini Assistant Prof., International Law, Faculty of Law and Political Science, Ferdowsi University, Mashhad, Iran 0000-0003-3580-8459 Journal Article 2019 05 07 Macro investing often leads to human rights and environmental challenges. Sustainable investment emphasizes the necessity of foreign investment sustainability and acting within the framework of environmental and social norms. Indeed, Environmental and social assessments are considered a prerequisite for an investment projects’ insurance by foreign-investment insurers, such as OPIC and MIGA. In other words, projects which are not compatible with environmental or social norms are not supported by these institutes. While the projects are being carried out, these institutions monitor them and if any incompatibility with environmental or social norms occurs, the continuance of the insurance coverage will be challenged. Despite these two institutions approach, compatibility of a foreign-investment project with environmental or social norms is not a legal requirement for its insurance. Nonetheless, it can be argued that the insurer must not insure the projects, when there are serious environmental risks or fundamental human rights may be affected as, it would seem that a soft law is forming on the necessity of environmental assessments and not granting insurance coverage to such projects. This paper intends to examine the role of foreign-investment insurers in protecting the environment. Macro investing often leads to human rights and environmental challenges. Sustainable investment emphasizes the necessity of foreign investment sustainability and acting within the framework of environmental and social norms. Indeed, Environmental and social assessments are considered a prerequisite for an investment projects’ insurance by foreign-investment insurers, such as OPIC and MIGA. In other words, projects which are not compatible with environmental or social norms are not supported by these institutes. While the projects are being carried out, these institutions monitor them and if any incompatibility with environmental or social norms occurs, the continuance of the insurance coverage will be challenged. Despite these two institutions approach, compatibility of a foreign-investment project with environmental or social norms is not a legal requirement for its insurance. Nonetheless, it can be argued that the insurer must not insure the projects, when there are serious environmental risks or fundamental human rights may be affected as, it would seem that a soft law is forming on the necessity of environmental assessments and not granting insurance coverage to such projects. This paper intends to examine the role of foreign-investment insurers in protecting the environment. https://jplsq.ut.ac.ir/article_88604_14f04f196302019331819922e141e8a7.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 Sexual Slavery in International Criminal Law with Particular Emphasis on the Special Court for Sierra Leone Sexual Slavery in International Criminal Law with Particular Emphasis on the Special Court for Sierra Leone 1993 2017 89299 10.22059/jplsq.2021.312951.2616 FA Sanazalsadat Jafari Ph.D Student, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran Masoud Zamani Assistant Prof., Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran; Department of Public and International Law, Faculty of Law and Political Science, University of Shiraz, Shiraz, Iran Amir Maghami Assistant Professor, Department of Law, University of Isfahan, Isfahan, Iran 0000-0003-4804-462X Journal Article 2020 11 09 Slavery is one of the oldest forms of violation of human dignity. According to the definition given in the 1926 Slavery Convention, slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, and a "slave" is a person who is subject to this condition. Despite the legal prohibition of slavery, today we witness a new form of slavery, called sexual slavery. The statute of the International Criminal Court has recognized sexual slavery as a crime against humanity as well as a war crime. The purpose of this paper is to review the jurisprudence of the Special Court for Sierra Leon in identifying and developing the definition and elements of the crime of sexual slavery. With a descriptive-analytical method, this study will overview the criminalization of sexual slavery, and examine the approach of the Special Court for Sierra Leone in identifying sexual slavery as a crime against humanity. Slavery is one of the oldest forms of violation of human dignity. According to the definition given in the 1926 Slavery Convention, slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, and a "slave" is a person who is subject to this condition. Despite the legal prohibition of slavery, today we witness a new form of slavery, called sexual slavery. The statute of the International Criminal Court has recognized sexual slavery as a crime against humanity as well as a war crime. The purpose of this paper is to review the jurisprudence of the Special Court for Sierra Leon in identifying and developing the definition and elements of the crime of sexual slavery. With a descriptive-analytical method, this study will overview the criminalization of sexual slavery, and examine the approach of the Special Court for Sierra Leone in identifying sexual slavery as a crime against humanity. https://jplsq.ut.ac.ir/article_89299_eb8bdb054070d9801e7144072b1ef8a2.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 Explaining the Institutional Framework for Decentralization and the Success of Local Councils in Iran Explaining the Institutional Framework for Decentralization and the Success of Local Councils in Iran 2019 2040 88195 10.22059/jplsq.2020.293245.2259 FA Hasan Karimifard Ph.D. in Public Policy, Faculty of Law and Political Science, University of Tehran, Tehran, Iran Journal Article 2019 12 09 In today's world, decentralization and the formation of local institutions have been recognized as one of the ways for the efficient using a country’s resources and capabilities. Nonetheless, more than two decades after the formation of local councils in Iran, there is almost a consensus that these institutions have not only been ineffective in performing their duties, but have in many cases caused serious problems in the urban-management process. In this light, the present study aims to answer the question: what is the reason for the failure of local councils in Iran? It can be said that for decentralization to succeed, it is necessary to provide a precise institutional framework at both national and local levels, which has not happened in Iran. Using a descriptive-analytical method, this paper seeks to study the legal principles and underpinnings required for the formation of local institutions and its adaptation to Iran’s decentralization model. Undoubtedly, explaining the principles of forming local institutions and adapting them to the current situation of local councils can be a great help in improving the decentralization process in Iran. In today's world, decentralization and the formation of local institutions have been recognized as one of the ways for the efficient using a country’s resources and capabilities. Nonetheless, more than two decades after the formation of local councils in Iran, there is almost a consensus that these institutions have not only been ineffective in performing their duties, but have in many cases caused serious problems in the urban-management process. In this light, the present study aims to answer the question: what is the reason for the failure of local councils in Iran? It can be said that for decentralization to succeed, it is necessary to provide a precise institutional framework at both national and local levels, which has not happened in Iran. Using a descriptive-analytical method, this paper seeks to study the legal principles and underpinnings required for the formation of local institutions and its adaptation to Iran’s decentralization model. Undoubtedly, explaining the principles of forming local institutions and adapting them to the current situation of local councils can be a great help in improving the decentralization process in Iran. https://jplsq.ut.ac.ir/article_88195_bd784a324460ebde215f82d65d890a7a.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 International Responsibility of Bahrain and Saudi Arabia for Human Rights Violations in Bahrain International Responsibility of Bahrain and Saudi Arabia for Human Rights Violations in Bahrain 2041 2056 89371 10.22059/jplsq.2021.325391.2797 FA Mohamad Setayeshpur Assistant Prof., Faculty of Law, University of Qom, Qom, Iran 0000-0001-9647-9391 Mahdi Keykhosravi Ph.D. Student in International Law, University of Qom, Qom, Iran 0000-0003-2638-0710 Journal Article 2021 06 18 Violations of the human rights of the Shia community in Bahrain, which makes up the majority of Bahrain’s population, have been systematic and widespread for many years. These violations have been committed not only by the Al Khalifa regime as the government of Bahrain, but also by the Saudi regime as a neighbor of Bahrain. Investigating human rights violations of the Shia in Bahrain is very important from the perspective of the law of state responsibility as the basic rights of the Shia including the right to life and personal security and the right to citizenship, have been violated. Indeed, since heartbreaking and tragic acts have been committed in Bahrain, mechanisms under international law are necessary to hold the Bahraini and Saudi regimes accountable. The present paper will scrutinize the law of state responsibility in terms of establishing the international responsibility of the said states. It will be argued that the international responsibility of one state, does not preclude the international responsibility of another one. Each one could be held responsible for its internationally wrongful act and in case of overlapping, joint responsibility will occur. Violations of the human rights of the Shia community in Bahrain, which makes up the majority of Bahrain’s population, have been systematic and widespread for many years. These violations have been committed not only by the Al Khalifa regime as the government of Bahrain, but also by the Saudi regime as a neighbor of Bahrain. Investigating human rights violations of the Shia in Bahrain is very important from the perspective of the law of state responsibility as the basic rights of the Shia including the right to life and personal security and the right to citizenship, have been violated. Indeed, since heartbreaking and tragic acts have been committed in Bahrain, mechanisms under international law are necessary to hold the Bahraini and Saudi regimes accountable. The present paper will scrutinize the law of state responsibility in terms of establishing the international responsibility of the said states. It will be argued that the international responsibility of one state, does not preclude the international responsibility of another one. Each one could be held responsible for its internationally wrongful act and in case of overlapping, joint responsibility will occur. https://jplsq.ut.ac.ir/article_89371_387833a700f05ddaaad3fd325612180b.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 A Reflection on the Margin of Appreciation Doctrine A Reflection on the Margin of Appreciation Doctrine 2057 2074 87702 10.22059/jplsq.2020.261378.1783 FA Amirhossein Molkizade International law, law & political science, Islamic Azad University, Mashhad, Iran Hosain Mousavifar Ph.D. in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran Journal Article 2018 07 14 The margin of appreciation as an established doctrine in the European Court of Human Rights (ECtHR) is a methodology for precise examination of decisions of national authorities by international courts. According to this doctrine, national authorities are in a better position than international judges to decide on the better application of the European Convention on Human Rights.  In this article, the doctrine has been examined from both theoretical and practical perspectives. It has also been discussed whether the doctrine is applicable in international legal obligation of states. Although in the field of human rights the margin of appreciation for states has sometimes been approved, it cannot be extended to all international legal obligations. The margin of appreciation as an established doctrine in the European Court of Human Rights (ECtHR) is a methodology for precise examination of decisions of national authorities by international courts. According to this doctrine, national authorities are in a better position than international judges to decide on the better application of the European Convention on Human Rights.  In this article, the doctrine has been examined from both theoretical and practical perspectives. It has also been discussed whether the doctrine is applicable in international legal obligation of states. Although in the field of human rights the margin of appreciation for states has sometimes been approved, it cannot be extended to all international legal obligations. https://jplsq.ut.ac.ir/article_87702_2e9e4cfcd0a4d35d23a3e4bd0dc97f83.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 EU Refugee Crisis in the Mirror of the European Court of Human Rights EU Refugee Crisis in the Mirror of the European Court of Human Rights 2075 2093 90007 10.22059/jplsq.2020.302668.2433 FA Fereshteh Sadat Hosseini Ph.D. student in International Law, Department of International Law, Sari Branch, Islamic Azad University, Sari, Iran 0000-0002-9325-3941 Reza Nassiri Larimi Assistant professor, Department of International Law, Sari Branch, Islamic Azad University, Sari, Iran Karan Rohani Assistant professor, Department of International Law, Qaemshahr Islamic Azad University, Qaemshahr, Iran 0009-0006-4653-2055 Journal Article 2020 05 11 The European Court of Human Rights (ECtHR), with substantial supports for asylum seekers, has been a diligent advocate of the asylum seekers’ human rights. The refugee crisis that has gripped the EU since 2011 has challenged the Common European Union Asylum System. This paper, through a descriptive-analytical method, aims to answer the question to what extent the refugee crisis affected the ECtHR interpretation of the European Human Rights Convention concerning asylum seekers? Therefore, four areas of human rights were analyzed, which are prohibition of torture and inhuman treatment (article 3 of the Convention), family reunification (article 8 of the Convention), the right of freedom and security (article 5 of the Convention), and the prohibition of collective expulsion (article 4 of Protocol no.4). The results illustrated that the refugee crisis made the ECtHR increase the scope of its interpretation concerning the asylum seekers’ human rights and demonstrated the conflict between human rights and the Common European Asylum System. Moreover, the member states must respect the human rights of asylum seekers when implementing the Common European Union Asylum System and, In the event of a possible breach, cease the implementation of the Common European Union Asylum System. The European Court of Human Rights (ECtHR), with substantial supports for asylum seekers, has been a diligent advocate of the asylum seekers’ human rights. The refugee crisis that has gripped the EU since 2011 has challenged the Common European Union Asylum System. This paper, through a descriptive-analytical method, aims to answer the question to what extent the refugee crisis affected the ECtHR interpretation of the European Human Rights Convention concerning asylum seekers? Therefore, four areas of human rights were analyzed, which are prohibition of torture and inhuman treatment (article 3 of the Convention), family reunification (article 8 of the Convention), the right of freedom and security (article 5 of the Convention), and the prohibition of collective expulsion (article 4 of Protocol no.4). The results illustrated that the refugee crisis made the ECtHR increase the scope of its interpretation concerning the asylum seekers’ human rights and demonstrated the conflict between human rights and the Common European Asylum System. Moreover, the member states must respect the human rights of asylum seekers when implementing the Common European Union Asylum System and, In the event of a possible breach, cease the implementation of the Common European Union Asylum System. https://jplsq.ut.ac.ir/article_90007_996a7121b7bfa4c1754abbf8d46405af.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 The Dichotomy between Municipality and City Council’s Legal Entity: The Structural Pathology of Local Government in Iran The Dichotomy between Municipality and City Council’s Legal Entity: The Structural Pathology of Local Government in Iran 2095 2109 87150 10.22059/jplsq.2021.302337.2425 FA Farhang Faghih Larijani Assistant Prof. Department of Law, Faculty of Law and Political sciences, University of Mazazndaran, Babolsar, Iran Journal Article 2020 05 06 Under article 3 of the [Iranian] Municipal Act of 1955, municipalities have independent legal entity. Meanwhile, the elective section of the municipality – then called “city association”- existed as an internal section of the municipality and not as a separate legal entity. After the Islamic Revolution, the new “city and rural Islamic councils” gained a separate legal entity. Thus, the structural gap between the executive section (municipality) and supervisory section (city and rural council) of local governments emerged. This led to structural incoherence and caused damaging consequences such as unnecessary administrative organs, judicial tensions, financial and budget disputes, and multiple legal responsibilities. Using a historical analysis method, this paper will answer the question: what is the origin of the structural tension between the municipalities and city councils in Iran? It seems the proper solution is returning to the original and historical model of the municipality in Iran and the elimination of the city council's legal entity and integrating it into the municipality. Under article 3 of the [Iranian] Municipal Act of 1955, municipalities have independent legal entity. Meanwhile, the elective section of the municipality – then called “city association”- existed as an internal section of the municipality and not as a separate legal entity. After the Islamic Revolution, the new “city and rural Islamic councils” gained a separate legal entity. Thus, the structural gap between the executive section (municipality) and supervisory section (city and rural council) of local governments emerged. This led to structural incoherence and caused damaging consequences such as unnecessary administrative organs, judicial tensions, financial and budget disputes, and multiple legal responsibilities. Using a historical analysis method, this paper will answer the question: what is the origin of the structural tension between the municipalities and city councils in Iran? It seems the proper solution is returning to the original and historical model of the municipality in Iran and the elimination of the city council's legal entity and integrating it into the municipality. https://jplsq.ut.ac.ir/article_87150_d0d5d2ed3fa94b1c432013d5a7b09a93.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 Protecting Cultural Diversity in the Age of Globalization Protecting Cultural Diversity in the Age of Globalization 2111 2126 88661 10.22059/jplsq.2020.291887.2220 FA Setareh Sharifan Ph.D. in International law, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran Abdollahi Mohsen Associate Prof., Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran & Associate Prof., Shahid Beheshty University, Tehran, Iran Masood Raei Associate Prof., Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran Journal Article 2019 11 06 Cultural diversity is an important topic in international law and the international society. Considering the importance of cultural diversity in the era of globalization, this topic has become more noticeable in the international field. As protecting cultural diversity is a self-evident value and some developed countries are attempting to impose their own cultures on others, we need to examine what is cultural diversity and what is its relationship to the process of globalization in international law. This research is based on the theory that there is protection of cultural diversity in international law. In fact, what is threatening the cultural diversity of the world is not the process of globalization but the way governments treat it. The present research is divided into two sections. In the first section the general concept of cultural diversity will be described. After presenting a comprehensive description of cultural diversity, we will examine its evolution as well as its aims and basic elements. The second chapter examines the challenges of cultural diversity in the age of globalization. Cultural diversity is an important topic in international law and the international society. Considering the importance of cultural diversity in the era of globalization, this topic has become more noticeable in the international field. As protecting cultural diversity is a self-evident value and some developed countries are attempting to impose their own cultures on others, we need to examine what is cultural diversity and what is its relationship to the process of globalization in international law. This research is based on the theory that there is protection of cultural diversity in international law. In fact, what is threatening the cultural diversity of the world is not the process of globalization but the way governments treat it. The present research is divided into two sections. In the first section the general concept of cultural diversity will be described. After presenting a comprehensive description of cultural diversity, we will examine its evolution as well as its aims and basic elements. The second chapter examines the challenges of cultural diversity in the age of globalization. https://jplsq.ut.ac.ir/article_88661_040199c14089ba1ecb80747ec28667cc.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 Self-regulation of the Cyberspace Self-regulation of the Cyberspace 2127 2148 89296 10.22059/jplsq.2020.278890.1963 FA Saeid Rahaeie Associate Professor and Faculty Member of Faculty of Law, Mofid university, Qom, Iran Mohsen Mataji Ph.D. in International Law at Mofid University, Qom, Iran 0009-0000-3427-4075 Journal Article 2019 04 08 Since the introduction of cyberspace into human life, various ways have been suggested for regulating it. In this context, self-regulation, in the sense of private regulation and decentralized law-making, has come to fore as an efficient way for managing the online world. This approach, as a function of the libertarian discourse, views national legislation ineffective in regulating the cyberspace. But the theoretical framework of this kind of self-regulation and its strengths and weaknesses are open to debate. This study, using a descriptive-analytical approach, considers the architecture of cyberspace to be a systematic link between different layers, issues, and actors, and as such a new frontier. Given this feature, self-regulation can be an efficient way of regulating not just the various layers and issues of the cyberspace but also its physical and infrastructure issues. Since the introduction of cyberspace into human life, various ways have been suggested for regulating it. In this context, self-regulation, in the sense of private regulation and decentralized law-making, has come to fore as an efficient way for managing the online world. This approach, as a function of the libertarian discourse, views national legislation ineffective in regulating the cyberspace. But the theoretical framework of this kind of self-regulation and its strengths and weaknesses are open to debate. This study, using a descriptive-analytical approach, considers the architecture of cyberspace to be a systematic link between different layers, issues, and actors, and as such a new frontier. Given this feature, self-regulation can be an efficient way of regulating not just the various layers and issues of the cyberspace but also its physical and infrastructure issues. https://jplsq.ut.ac.ir/article_89296_dc4bd668e8aab36d092c7fef4ccaef0e.pdf

University of Tehran Public Law Studies Quarterly 2423-8120 52 4 2022 12 22 The Economic Aspect of the Right to International Self-determination and its Place in the Realization of the Right to Development The Economic Aspect of the Right to International Self-determination and its Place in the Realization of the Right to Development 2149 2168 87817 10.22059/jplsq.2021.308479.2527 FA Keivan Eghbali Phd in General International Law, Faculty of Law and Political Science, Allameh Tabatabaii University, Tehran, Iran 0000-0003-3975-6844 Journal Article 2020 08 22 The right to self-determination and the right to development are among the most important of the third generation of human rights. Economic independence within the framework of self-determination can play a significant role in guaranteeing the right to development. Today, the authority of states in identifying the needs and rights of members of their society for including them in national development programs – which is the main goal of the right to development- faces serious challenges. In this context, the involvement of international financial institutions in arranging development programs, as well as the weakening of states’ sovereignty over their natural resources due to the activities of multinational corporations, are notable. Moreover, ensuring the economic independence of states within the framework of the right to self-determination can guarantee states sovereignty in regulating and implementing their development program, and in exploiting natural resources and allocating its benefits; a sovereignty that seems to be able to provide a suitable platform for the realization of the right to development, in the sense of the maximum realization of human rights in the development process. The right to self-determination and the right to development are among the most important of the third generation of human rights. Economic independence within the framework of self-determination can play a significant role in guaranteeing the right to development. Today, the authority of states in identifying the needs and rights of members of their society for including them in national development programs – which is the main goal of the right to development- faces serious challenges. In this context, the involvement of international financial institutions in arranging development programs, as well as the weakening of states’ sovereignty over their natural resources due to the activities of multinational corporations, are notable. Moreover, ensuring the economic independence of states within the framework of the right to self-determination can guarantee states sovereignty in regulating and implementing their development program, and in exploiting natural resources and allocating its benefits; a sovereignty that seems to be able to provide a suitable platform for the realization of the right to development, in the sense of the maximum realization of human rights in the development process. https://jplsq.ut.ac.ir/article_87817_42e799ca5174e05f8533a0c78830a0e1.pdf