University of TehranPublic Law Studies Quarterly2423-812054420241221Customary International Law in the Prictice of English Courts Customary International Law in the Prictice of English Courts 210521269652610.22059/jplsq.2022.335491.2966FAHamidAlhoei NazariAssistant Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, IranSeyedmohsenHekmatimoghaddamAssistant Prof. Department of Law, Faculty of Law, Political Sciences and History, Yazd University, Yazd, IranJournal Article20211212Custom, alongside treaties and general principles of law, is one of the important sources of international law. One of the reasons for the significance of custom is that it is unwritten and always dynamic. This advantage has led to an increase in reliance on custom. International law requires states to recognize and implement the customary international rules within their legal systems. For a national judge to refer to custom, it is necessary to clarify the position of this source within the domestic legal structure. Given that custom cannot be proposed and enacted in legislative bodies, the role of courts becomes even more crucial. In this context, examining the pracrice of countries with a common law legal system will provide useful insights. The main question of this article is what position judges in England assign to international custom and in what contexts do they they utilize it? This research shows that international custom has a significant role in the English judicial system.Custom, alongside treaties and general principles of law, is one of the important sources of international law. One of the reasons for the significance of custom is that it is unwritten and always dynamic. This advantage has led to an increase in reliance on custom. International law requires states to recognize and implement the customary international rules within their legal systems. For a national judge to refer to custom, it is necessary to clarify the position of this source within the domestic legal structure. Given that custom cannot be proposed and enacted in legislative bodies, the role of courts becomes even more crucial. In this context, examining the pracrice of countries with a common law legal system will provide useful insights. The main question of this article is what position judges in England assign to international custom and in what contexts do they they utilize it? This research shows that international custom has a significant role in the English judicial system.https://jplsq.ut.ac.ir/article_96526_ed09cb9de387dbdceee937567afdd8b0.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Functions of Good Faith in Public LawThe Functions of Good Faith in Public Law212721519540210.22059/jplsq.2022.345271.3121FAAliVelaeiPhD Student in Public Law at Shahid Beheshti University (SBU), Tehran, IranMohammadJalaliAssistant Professor in Public Law at Shahid Beheshti University (SBU), Tehran, IranJournal Article20220702Good faith has five functions in in public law: obligatory, justificatory, interpretative, restrictive, and supportive. Examples of the application of good faith can be traced in the actions of the government or citizens, as well as in the areas of constitutional law, administrative law, and human rights. Good faith in governmental actions has three functions: obligatory, justificatory, and interpretative; however, in the actions of citizens, it has two functions: restrictive and supportive, each of which can be exemplified by laws and judicial practices in various legal systems. The findings mentioned are evaluable in relation to the main issue of this research, which seeks to differentiate between the various functions of good faith in the field of public law and to answer the question: what functions and applications can be identified for the concept of good faith in public law? Although some existing laws and judicial practices can be referenced to derive the aforementioned functions in public law, there is potential for further emphasis on the concept of good faith as a general legal principle, allowing for its citation in judicial decisions and legal doctrine. This could thereby help establish a democratic society based on trust and honesty, considering it a right for citizens.Good faith has five functions in in public law: obligatory, justificatory, interpretative, restrictive, and supportive. Examples of the application of good faith can be traced in the actions of the government or citizens, as well as in the areas of constitutional law, administrative law, and human rights. Good faith in governmental actions has three functions: obligatory, justificatory, and interpretative; however, in the actions of citizens, it has two functions: restrictive and supportive, each of which can be exemplified by laws and judicial practices in various legal systems. The findings mentioned are evaluable in relation to the main issue of this research, which seeks to differentiate between the various functions of good faith in the field of public law and to answer the question: what functions and applications can be identified for the concept of good faith in public law? Although some existing laws and judicial practices can be referenced to derive the aforementioned functions in public law, there is potential for further emphasis on the concept of good faith as a general legal principle, allowing for its citation in judicial decisions and legal doctrine. This could thereby help establish a democratic society based on trust and honesty, considering it a right for citizens.https://jplsq.ut.ac.ir/article_95402_d350451771d5f419f7795085c16acfea.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Feasibility of the International Criminal Court's Investigation into the Situation in Palestine and Its Potential ConsequencesThe Feasibility of the International Criminal Court's Investigation into the Situation in Palestine and Its Potential Consequences215321769286810.22059/jplsq.2023.346749.3152FAJalalBahreiniPh.D. Student in International Law, Faculty of law, Shahid Beheshti University, Tehran, IranMohammadhoseinRamezani GhavamabadiAssociate Prof., Department of environmental Law, Faculty of law, Shahid Beheshti University, Tehran, IranJournal Article20220805The International Criminal Court symbolizes the realization of a long-held human aspiration which was aimed at preventing the recurrence of the atrocities of the world wars through the prosecution and punishment of perpetrators of severe international crimes. One of the fundamental and enduring principles of international law—the requirement of the expressed will of the state in its commitment to an international obligation—has limited the global applicability of the Rome Statute. To partially address this issue, the question of prosecuting crimes committed by nationals of non-member states on the territory of member states has been raised. From the outset, the opposition of some states to the prosecution of nationals of non-member states has posed challenges to the effectiveness and functioning of the ICC. With Palestine's membership in the court and its complaint against Israeli officials, this challenge has intensified. This paper examines the legal status of Palestine's membership in the court and the possibility of prosecuting Israeli officials. It also evaluates the latest status of the case brought before the ICC and examines the potential counteractions of Israel and the intervention of the Security Council. Ultimately, the findings of the paper indicate that the court's jurisdiction over Israeli nationals is more consistent with the principles and objectives of the court's establishment, which are the enforcement of justice and the fight against impunity, and that the court has no prohibition against commencing proceedings in the said case.The International Criminal Court symbolizes the realization of a long-held human aspiration which was aimed at preventing the recurrence of the atrocities of the world wars through the prosecution and punishment of perpetrators of severe international crimes. One of the fundamental and enduring principles of international law—the requirement of the expressed will of the state in its commitment to an international obligation—has limited the global applicability of the Rome Statute. To partially address this issue, the question of prosecuting crimes committed by nationals of non-member states on the territory of member states has been raised. From the outset, the opposition of some states to the prosecution of nationals of non-member states has posed challenges to the effectiveness and functioning of the ICC. With Palestine's membership in the court and its complaint against Israeli officials, this challenge has intensified. This paper examines the legal status of Palestine's membership in the court and the possibility of prosecuting Israeli officials. It also evaluates the latest status of the case brought before the ICC and examines the potential counteractions of Israel and the intervention of the Security Council. Ultimately, the findings of the paper indicate that the court's jurisdiction over Israeli nationals is more consistent with the principles and objectives of the court's establishment, which are the enforcement of justice and the fight against impunity, and that the court has no prohibition against commencing proceedings in the said case.https://jplsq.ut.ac.ir/article_92868_cd8616204e36377d4d2305e23ec6a29d.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Frankfurt School, Revision of Marxism, and the Critique of the Capitalist State: Emphasizing Habermas's TheoriesThe Frankfurt School, Revision of Marxism, and the Critique of the Capitalist State: Emphasizing Habermas's Theories217722019672010.22059/jplsq.2022.339870.3044FAMohammad JavadJavidProf, Faculty of law and Political Science, University of Tehran, Tehran, IranSajadSajadiAssistant Prof of Faculty of law and Political Science, Shahid Chamran university of Ahvaz, Ahvaz, IranJournal Article20220311Jürgen Habermas is one of the most prominent thinkers of the Frankfurt School, who has sought to reconstruct Marxism through a Hegelian interpretation and elevate the critical theory. Like Marx, he believed in the foundations of modernity and the rationalism stemming from it; however, he viewed modernity as an unfinished project. He argued that a new form of law and justice emerged within the capitalist mode of production, leading to the appearance of independent public sphere institutions. However, in late capitalism, government intervention in private matters and the dissolution of society within the state resulted in the decline of the public sphere, with public institutions taking on a consultative role. Therefore, a significant portion of Habermas's thoughts has been devoted to presenting the theory of "communicative action" to reconstruct the public sphere, as it is only within the public sphere that rationality is found and true democracy takes shape. Habermas offers a framework for a theory of legal democracy based on ethics, politics, and dialogue. His starting point in theories of law and democracy is a dialogue aimed at creating true legal and civic equality, which begins with a critique of two paradigms: bourgeois liberalism and social welfare. This paper, using a descriptive-analytical method, seeks to demonstrate that Habermas's analysis in this area is influenced by Marx's materialistic views regarding the state, even though he attempts to free himself from this constraint and to present a perspective somewhat detached from public law.Jürgen Habermas is one of the most prominent thinkers of the Frankfurt School, who has sought to reconstruct Marxism through a Hegelian interpretation and elevate the critical theory. Like Marx, he believed in the foundations of modernity and the rationalism stemming from it; however, he viewed modernity as an unfinished project. He argued that a new form of law and justice emerged within the capitalist mode of production, leading to the appearance of independent public sphere institutions. However, in late capitalism, government intervention in private matters and the dissolution of society within the state resulted in the decline of the public sphere, with public institutions taking on a consultative role. Therefore, a significant portion of Habermas's thoughts has been devoted to presenting the theory of "communicative action" to reconstruct the public sphere, as it is only within the public sphere that rationality is found and true democracy takes shape. Habermas offers a framework for a theory of legal democracy based on ethics, politics, and dialogue. His starting point in theories of law and democracy is a dialogue aimed at creating true legal and civic equality, which begins with a critique of two paradigms: bourgeois liberalism and social welfare. This paper, using a descriptive-analytical method, seeks to demonstrate that Habermas's analysis in this area is influenced by Marx's materialistic views regarding the state, even though he attempts to free himself from this constraint and to present a perspective somewhat detached from public law.https://jplsq.ut.ac.ir/article_96720_e80b09d0ce2e28df0c20cb6334f835a3.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Place of the Environment in the Case law Governing International Free TradeThe Place of the Environment in the Case law Governing International Free Trade220322229937110.22059/jplsq.2021.309938.2558FAMahsaNavvabifardPhD in International Law, Faculty of Law and Humanities, Isfahan Azad University(Khurasgan), Isfahan, IranMahmoudJalaliAssociate Professor, Law Department, University of Isfahan, Isfahan, IranJournal Article20200916Today, environmental protection is considered one of the most important international concerns. In this regard, numerous international efforts have been made, including the conclusion of various environmental treaties and the efforts of international and regional trade organizations such as NAFTA, the European Union, and even the World Trade Organization, to incorporate environmental protection regulations within trade regulations. Furthermore, the judicial practices of international bodies such as the International Court of Justice, international arbitration tribunals, and quasi-judicial international bodies like WTO panels, as well as competent domestic authorities, have played a significant role in environmental protection. The question is: to what extent has international judicial practice been effective in enhancing environmental protection? This research, utilizing descriptive-analytical methods, seeks to answer this question. The aim of this paper is to clarify the place and importance of environmental regulations in international trade relations. The emphasis of the article is on examining the rulings of international courts and quasi-judicial bodies, international arbitrations, and domestic authorities.Today, environmental protection is considered one of the most important international concerns. In this regard, numerous international efforts have been made, including the conclusion of various environmental treaties and the efforts of international and regional trade organizations such as NAFTA, the European Union, and even the World Trade Organization, to incorporate environmental protection regulations within trade regulations. Furthermore, the judicial practices of international bodies such as the International Court of Justice, international arbitration tribunals, and quasi-judicial international bodies like WTO panels, as well as competent domestic authorities, have played a significant role in environmental protection. The question is: to what extent has international judicial practice been effective in enhancing environmental protection? This research, utilizing descriptive-analytical methods, seeks to answer this question. The aim of this paper is to clarify the place and importance of environmental regulations in international trade relations. The emphasis of the article is on examining the rulings of international courts and quasi-judicial bodies, international arbitrations, and domestic authorities.https://jplsq.ut.ac.ir/article_99371_90dad6cc08a55ec633c15154573568f7.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221Public Law Regulations on Disclosure of Information by Listed Banks in the Conflict Between the Requirements of Capital and Money MarketsPublic Law Regulations on Disclosure of Information by Listed Banks in the Conflict Between the Requirements of Capital and Money Markets222322429687510.22059/jplsq.2024.331999.2912FAMahmoodBagheriAssociate Prof., Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, IranMehrnooshHemmati Khalili. A. in International Trade Economic Law, Faculty of Law and Political Science, University of Tehran, Tehran, IranJournal Article20211101With the acceptance of private banks as issuers of securities in the stock market, the capital and money markets have interacted through listed banks. In public law, we aim to maintain social order and stability; thus, examining the banking system's emphasis on preserving systemic stability versus the capital market's focus on transparency and protecting shareholders' rights is of great importance. In this research, banks are considered a distinct entity, as they have a direct relationship with the formation of trust in society.<br />It seems more appropriate for the regulatory authority to expect full transparency from banks according to regulations, but to be more cautious regarding the public disclosure of information that could undermine public trust and put systemic stability at risk. Additionally, similar to the European Union, which accepts delays in the disclosure of banking information in its market abuse regulations, we can establish regulations in this area. In practice, this tension has also existed in the Iranian capital market in recent years, and we have witnessed complaints against the managers of such banks who faced penalties due to the failure to disclose information in a timely manner.With the acceptance of private banks as issuers of securities in the stock market, the capital and money markets have interacted through listed banks. In public law, we aim to maintain social order and stability; thus, examining the banking system's emphasis on preserving systemic stability versus the capital market's focus on transparency and protecting shareholders' rights is of great importance. In this research, banks are considered a distinct entity, as they have a direct relationship with the formation of trust in society.<br />It seems more appropriate for the regulatory authority to expect full transparency from banks according to regulations, but to be more cautious regarding the public disclosure of information that could undermine public trust and put systemic stability at risk. Additionally, similar to the European Union, which accepts delays in the disclosure of banking information in its market abuse regulations, we can establish regulations in this area. In practice, this tension has also existed in the Iranian capital market in recent years, and we have witnessed complaints against the managers of such banks who faced penalties due to the failure to disclose information in a timely manner.https://jplsq.ut.ac.ir/article_96875_3120a50c25e7aa78f59c3b9335f6fb28.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221Regulation of the Legal Services Market by the Government: A Case Study of the New Zealand Bar AssociationRegulation of the Legal Services Market by the Government: A Case Study of the New Zealand Bar Association224522689805010.22059/jplsq.2022.341275.3061FAMohammad SadeghFarahaniPh.D. in Public Law, Law faculty, Tehran University, Tehran, IranAliFattahi ZafarghandiMember of the Constitutional Council Research Center, Tehran, Iran.Mohamad RezaGhasemiPh.D. Student in Public Law, Law Faculty, Tehran University, Tehran, Iran.MahdiShirzadiPh.D. Student in Criminal Law and Criminology, Farabi College, University of Tehran, Qom, Iran0009-0005-2240-2419Journal Article20220417By defining the nature of legal representation as a public service, this profession has distanced itself from the private initiative of individuals (lawyers and clients), and the role of a third party, namely the government, has become prominent with the aim of ensuring public benefit and protecting consumers of legal services. This research, through a library study and adopting an analytical-descriptive approach, aims to elucidate the components of the New Zealand government's intervention in regulating the legal services market, particularly the profession of law. It concludes that in this country, the government's efforts have focused on establishing a perspective that goes beyond private contracts and defining the profession as a public service. The most important law governing the profession of law in New Zealand is the Lawyers and Conveyancers Act 2006. This law grants the New Zealand government extensive authority over the supervision of lawyers; issues ranging from setting fees to overarching policy-making in this profession are under the government's oversight. The conditions for practicing this profession are also determined by government authorities. Despite some criticism regarding these extensive powers, the positive outcomes of regulating this profession, including increased public satisfaction, elimination of monopolies, enhancing competition in the legal profession, and easier access to legal services, have further highlighted the necessity of government intervention in the regulation of this profession.By defining the nature of legal representation as a public service, this profession has distanced itself from the private initiative of individuals (lawyers and clients), and the role of a third party, namely the government, has become prominent with the aim of ensuring public benefit and protecting consumers of legal services. This research, through a library study and adopting an analytical-descriptive approach, aims to elucidate the components of the New Zealand government's intervention in regulating the legal services market, particularly the profession of law. It concludes that in this country, the government's efforts have focused on establishing a perspective that goes beyond private contracts and defining the profession as a public service. The most important law governing the profession of law in New Zealand is the Lawyers and Conveyancers Act 2006. This law grants the New Zealand government extensive authority over the supervision of lawyers; issues ranging from setting fees to overarching policy-making in this profession are under the government's oversight. The conditions for practicing this profession are also determined by government authorities. Despite some criticism regarding these extensive powers, the positive outcomes of regulating this profession, including increased public satisfaction, elimination of monopolies, enhancing competition in the legal profession, and easier access to legal services, have further highlighted the necessity of government intervention in the regulation of this profession.https://jplsq.ut.ac.ir/article_98050_3a0b048bec09ae5e928277473f8d39e1.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221New Strategies for Asset Recovery from Corruption in International Law: Capacities and Barriers to Implementation in IranNew Strategies for Asset Recovery from Corruption in International Law: Capacities and Barriers to Implementation in Iran226922909819510.22059/jplsq.2021.304302.2463FASeyed MostafaKazerooniPh.D. In International Law, Department of Public Law, Law and Political Sciences Faculty, Tehran University , Tehran, IranAhmadMomeniradAssociate Professor, Department of Public Law, Law and Political Sciences Faculty, Tehran University, Tehran, IranJournal Article20200613The recovery of assets derived from corruption crimes plays a decisive role in preventing corruption offenses. However, traditional or direct asset recovery, which is based on formal cooperation between states, has become practically unsuccessful due to the rapid transfer of corrupt criminal assets from one country to others and the complexity of accessing criminals when they flee. This situation has shifted the focus of judicial, law enforcement, and intelligence agencies towards informal asset recovery, which is based on principles of speed, efficiency, and reliability. Alongside informal recovery, indirect recovery is also considered a new strategy in the field of asset recovery. The main question of this research is what capacities and barriers exist in international law regarding the identification of new strategies for the recovery of assets derived from corruption crimes for the Islamic Republic of Iran. The findings of this research indicate that, firstly, given the rapid transfer of corrupt criminal assets from one jurisdiction to another, the new international legal system has focused on informal mechanisms for recovering assets derived from corruption crimes, such as STAR, IML, etc. Currently, Iran is only a member of one of these mechanisms, and the legal status of this type of cooperation with these frameworks remains undefined. Secondly, attention to the indirect recovery of assets should occur alongside direct recovery, and in this context, some formal mechanisms for asset recovery, such as confiscation without a criminal conviction or administrative confiscation accepted in the Merida Convention, have not been recognized in Iran's legal system.The recovery of assets derived from corruption crimes plays a decisive role in preventing corruption offenses. However, traditional or direct asset recovery, which is based on formal cooperation between states, has become practically unsuccessful due to the rapid transfer of corrupt criminal assets from one country to others and the complexity of accessing criminals when they flee. This situation has shifted the focus of judicial, law enforcement, and intelligence agencies towards informal asset recovery, which is based on principles of speed, efficiency, and reliability. Alongside informal recovery, indirect recovery is also considered a new strategy in the field of asset recovery. The main question of this research is what capacities and barriers exist in international law regarding the identification of new strategies for the recovery of assets derived from corruption crimes for the Islamic Republic of Iran. The findings of this research indicate that, firstly, given the rapid transfer of corrupt criminal assets from one jurisdiction to another, the new international legal system has focused on informal mechanisms for recovering assets derived from corruption crimes, such as STAR, IML, etc. Currently, Iran is only a member of one of these mechanisms, and the legal status of this type of cooperation with these frameworks remains undefined. Secondly, attention to the indirect recovery of assets should occur alongside direct recovery, and in this context, some formal mechanisms for asset recovery, such as confiscation without a criminal conviction or administrative confiscation accepted in the Merida Convention, have not been recognized in Iran's legal system.https://jplsq.ut.ac.ir/article_98195_6eec63702414e31a41df89f689f3a4d2.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221An Examination and Evaluation of Foreign Actors' Intervention in the Syrian Crisis Based on International Norms and LawsAn Examination and Evaluation of Foreign Actors' Intervention in the Syrian Crisis Based on International Norms and Laws229123229631810.22059/jplsq.2022.337740.3010FAHamidDorjPhD student of International Relations, Faculty of Law and Political Sciences, Gilan University. Gilan, IranRezaSimbarProfessor, School of Political Sciences, University of Guilan, Guilan, IranJournal Article20220126Although states are restricted from intervening in the affairs of other states without the approval and authorization of the Security Council, they use international rights and laws in various ways to justify their unilateral interventions in each other's internal affairs. Meanwhile, customary international law and the United Nations Charter generally prohibit the use of force in international relations. Thus, the main question of this research is: what international norms and laws do foreign actors use to intervene in the Syrian crisis? The hypothesis of this research is that opponents of the Syrian political regime, including the United States and its regional and international allies, have intervened in the Syrian crisis with the aim of equipping the opposition to the Syrian regime, weakening this regime, and containing and dismantling the resistance front centered around Iran in the region, often claiming to establish international peace and security and sometimes using humanitarian reasons. In contrast, Iran and Russia entered the Syrian conflict based on the principle of invitation and at the request of the legitimate government of Syria, and they have never intended territorial expansion or dominance over the region. Qualitative analysis methods have been used to analyze the research data.Although states are restricted from intervening in the affairs of other states without the approval and authorization of the Security Council, they use international rights and laws in various ways to justify their unilateral interventions in each other's internal affairs. Meanwhile, customary international law and the United Nations Charter generally prohibit the use of force in international relations. Thus, the main question of this research is: what international norms and laws do foreign actors use to intervene in the Syrian crisis? The hypothesis of this research is that opponents of the Syrian political regime, including the United States and its regional and international allies, have intervened in the Syrian crisis with the aim of equipping the opposition to the Syrian regime, weakening this regime, and containing and dismantling the resistance front centered around Iran in the region, often claiming to establish international peace and security and sometimes using humanitarian reasons. In contrast, Iran and Russia entered the Syrian conflict based on the principle of invitation and at the request of the legitimate government of Syria, and they have never intended territorial expansion or dominance over the region. Qualitative analysis methods have been used to analyze the research data.https://jplsq.ut.ac.ir/article_96318_3bfc8b77889c3c698245a4241514a2f7.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221Labor Dispute Resolution Under the Iranian and American Litigation Systems in Light of ILO StandardsLabor Dispute Resolution Under the Iranian and American Litigation Systems in Light of ILO Standards232323439631110.22059/jplsq.2021.310182.2565FAAminallahPaknejadPh.D. Student in Public Law, Department of Public and International Law, Faculty of Islamic Studies and Law, Imam sadiq university, Tehran, Iran.ValiRostamiProfessor of Public Law, Department of Public law, Faculty of Law and Political Science, University of Tehran, Tehran, IranJournal Article20200926Labor litigation, considering its economic-legal nature, has its own specific requirements. Government intervention in regulating the relationship between workers and employers, as well as the extensive economic impacts of labor law, necessitate the design of a litigation system aimed at fostering economic growth and ensuring the continuation of both groups. The International Labour Organization (ILO) has articulated norms and rules in this area that can guide countries. Additionally, it is essential to draw on the experiences of leading countries in regulating labor relations (including the United States) to improve our country's labor litigation system. Therefore, the question arises: how can the stated norms be utilized to enhance our country's labor litigation system? The authors, using a descriptive-analytical method and a comparative approach, have initially attempted to identify the ILO's norms regarding labor litigation (in three areas: the use of alternative dispute resolution methods, specific principles of collective claims, and principles related to the participation of the parties) and examine how these norms are implemented in both Iran and the United States. In the US, the first two factors benefit from the extensive use of alternative dispute resolution methods and mechanisms for settling collective claims, which can help address the weaknesses in the Iranian labor litigation system. However, this does not adequately guarantee the third norm namely, the participation of the parties.Labor litigation, considering its economic-legal nature, has its own specific requirements. Government intervention in regulating the relationship between workers and employers, as well as the extensive economic impacts of labor law, necessitate the design of a litigation system aimed at fostering economic growth and ensuring the continuation of both groups. The International Labour Organization (ILO) has articulated norms and rules in this area that can guide countries. Additionally, it is essential to draw on the experiences of leading countries in regulating labor relations (including the United States) to improve our country's labor litigation system. Therefore, the question arises: how can the stated norms be utilized to enhance our country's labor litigation system? The authors, using a descriptive-analytical method and a comparative approach, have initially attempted to identify the ILO's norms regarding labor litigation (in three areas: the use of alternative dispute resolution methods, specific principles of collective claims, and principles related to the participation of the parties) and examine how these norms are implemented in both Iran and the United States. In the US, the first two factors benefit from the extensive use of alternative dispute resolution methods and mechanisms for settling collective claims, which can help address the weaknesses in the Iranian labor litigation system. However, this does not adequately guarantee the third norm namely, the participation of the parties.https://jplsq.ut.ac.ir/article_96311_2092dcef48954fddb72a1b80d732ca09.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221Challenges Posed by the Confidentiality of Regulations in the Iranian Legal System Challenges Posed by the Confidentiality of Regulations in the Iranian Legal System 234523469686810.22059/jplsq.2023.347627.3166FAMohammadKhazaieMA. Student in Public Law, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, IranHadiTahanNazifAssociate Prof. , Department of Public and International Law, Imam Sadiq University, Tehran, IranJournal Article20220827The publication of laws and regulations has always been accepted by legal scholars as an essential stage in the the legislative process. In the legal system of the Islamic Republic of Iran, the Law on the Publication and Free Access to Information, passed in 2008, emphasizes the necessity of publication and prohibits the classification of documents that create rights and obligations, including regulations such as bylaws, circulars, and guidelines. However, there are still instances of classified and confidential regulations within the Iranian legal system. This issue, regarded as a deviation in terms of public law norms, can pose serious challenges to any legal system and lead to the infringement of citizens' rights. The present research, using a descriptive-analytical method, examines the mechanism for the "classification and confidentiality of documents," the criteria for "the necessity of publishing regulations," and the reasons for the existence of confidential regulations in the legal system of the Islamic Republic of Iran. It seeks to answer the question, what challenges confidential regulations pose to the Iranian legal system? The Paper ultimately aims to propose solutions using legal tools to address these challenges.The publication of laws and regulations has always been accepted by legal scholars as an essential stage in the the legislative process. In the legal system of the Islamic Republic of Iran, the Law on the Publication and Free Access to Information, passed in 2008, emphasizes the necessity of publication and prohibits the classification of documents that create rights and obligations, including regulations such as bylaws, circulars, and guidelines. However, there are still instances of classified and confidential regulations within the Iranian legal system. This issue, regarded as a deviation in terms of public law norms, can pose serious challenges to any legal system and lead to the infringement of citizens' rights. The present research, using a descriptive-analytical method, examines the mechanism for the "classification and confidentiality of documents," the criteria for "the necessity of publishing regulations," and the reasons for the existence of confidential regulations in the legal system of the Islamic Republic of Iran. It seeks to answer the question, what challenges confidential regulations pose to the Iranian legal system? The Paper ultimately aims to propose solutions using legal tools to address these challenges.https://jplsq.ut.ac.ir/article_96868_c6f49e9d46d4e6bfcb8b0ccb96c29dcb.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221Foundations and Challenges of Social Responsibility in International Trade AgreementsFoundations and Challenges of Social Responsibility in International Trade Agreements236523939672810.22059/jplsq.2022.339056.3032FAHamidHamidianAssistant prof. Faculty of Law and Political Sciences, University of MazandaranAliRezaeeAssociate Professor, Department of Privte Law, Faculty of Law and Political Sciences, Shiraz University, Shiraz, IranJournal Article20220301In recent decades, social responsibility has been a missing link in international investment and trade agreements. Understanding the nature and basis of this responsibility, as well as the challenges it faces, are critical issues that need to be addressed. Research findings indicate that the soft language of agreements, fears of the economic consequences of invoking this condition, the potential for government abuse, litigation costs, and the predominance of a commercial approach in courts hamper the implemention of social responsibility in international trade agreements. It seems that providing a conducive environment for the free presence of civil society representatives, considering social responsibility within the framework of the principle of fair treatment, and invoking general legal principles such as the principle of good faith and implementing effective incentive policies could lead to the establishment of this condition in trade agreements. Ultimately, based on the experiences examined in trade agreements, it appears that Iranian policymakers should promote social responsibility and legally solidify soft law rules in investment laws, regulations, and treaties, while also making the implementation of this responsibility contingent upon the preservation of vital interests. This way, justifiable actions can lead to lower costs for the country regarding non-fulfillment of obligations to foreign investors.In recent decades, social responsibility has been a missing link in international investment and trade agreements. Understanding the nature and basis of this responsibility, as well as the challenges it faces, are critical issues that need to be addressed. Research findings indicate that the soft language of agreements, fears of the economic consequences of invoking this condition, the potential for government abuse, litigation costs, and the predominance of a commercial approach in courts hamper the implemention of social responsibility in international trade agreements. It seems that providing a conducive environment for the free presence of civil society representatives, considering social responsibility within the framework of the principle of fair treatment, and invoking general legal principles such as the principle of good faith and implementing effective incentive policies could lead to the establishment of this condition in trade agreements. Ultimately, based on the experiences examined in trade agreements, it appears that Iranian policymakers should promote social responsibility and legally solidify soft law rules in investment laws, regulations, and treaties, while also making the implementation of this responsibility contingent upon the preservation of vital interests. This way, justifiable actions can lead to lower costs for the country regarding non-fulfillment of obligations to foreign investors.https://jplsq.ut.ac.ir/article_96728_7ec40556f19f042dd1d8aa18ceb2e3e0.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221Employment Security in Labor Relations Under the United States Legal SystemEmployment Security in Labor Relations Under the United States Legal System239524169796510.22059/jplsq.2022.338154.3020FABizhanAbbasiProf., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, IranJafarBaratiPh.D. Student in Public law, Islamic Azad University, Science and Research Branch, Tehran, Iran.SaberNyavarniAssistant Professor Department of Public and International Law, Research Sciences Branch, Islamic Azad University, Tehran, IranJournal Article20220129The concept of employment security forms the foundation of labor relations in the United States. The question is: what does the concept of employment security for workers entail, and how is it reflected in the United States? The strategies for ensuring employment security in America could serve as an ideal model for delineating job security for workers in Iran. Employment security and job security are two distinct but related concepts. Employment security means that a worker can easily find re-employment based on their abilities, regardless of the type of employment relationship. In contrast, job security relies on government support for the continuity of a worker's employment. Legal protections for workers in the United States are provided through the right to collective bargaining and individual employment protections. The nature of labor relations in the United States is based on the flexibility and freedom of the parties to terminate the employment contract. In this country, the issue of employment security is prioritized over job security. Employment policies, at will, as a complement to employment security, assume that labor relations in America are contractual, leading to greater flexibility and the mobility of workers across various economic sectors instead of job stability.The concept of employment security forms the foundation of labor relations in the United States. The question is: what does the concept of employment security for workers entail, and how is it reflected in the United States? The strategies for ensuring employment security in America could serve as an ideal model for delineating job security for workers in Iran. Employment security and job security are two distinct but related concepts. Employment security means that a worker can easily find re-employment based on their abilities, regardless of the type of employment relationship. In contrast, job security relies on government support for the continuity of a worker's employment. Legal protections for workers in the United States are provided through the right to collective bargaining and individual employment protections. The nature of labor relations in the United States is based on the flexibility and freedom of the parties to terminate the employment contract. In this country, the issue of employment security is prioritized over job security. Employment policies, at will, as a complement to employment security, assume that labor relations in America are contractual, leading to greater flexibility and the mobility of workers across various economic sectors instead of job stability.https://jplsq.ut.ac.ir/article_97965_c68e19f8bea2bae6b0baa1191c90a598.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Requirements of Fair Trial Based on the Opinions of the Guardian CouncilThe Requirements of Fair Trial Based on the Opinions of the Guardian Council241724399630210.22059/jplsq.2023.357558.3297FAAhmadRahimiPh.D. student of criminal law and criminology, Faculty of Law, Farabi College, Qom, IranMohammad SadeghFarahaniPhD student of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, IranAliFatahi ZafarkandiMember of the Guardian Council Research Institute and PhD in Public Law, University of Tehran, Faculty of Law and Political Science, University of Tehran, Tehran, IranJournal Article20230411According to article 34 of the [Iranian] Constitution, everyone has the right to bring their claims before a court of law, and based on this right, the judiciary is tasked with examining and judging claims under article 156 of the constitution. To achieve a fair trial, the role of the Guardian Council as the interpreter of the Constitution is of great importance. In fact, the fair trial concept in the constitution is an ideal that requires the determination of standards that the constitutional judge expresses during the examination of legislative approvals. Accordingly, this research seeks to answer the question: what are the requirements for achieving an optimal fair trial according to the opinions of the Guardian Council? This study, using library data and an analytical-descriptive method, aims to identify the requirements of an optimal trial in three stages of judicial proceedings: 'before the judgment is issued,' 'issuing the judgment,' and 'executing the judgment.' The research concludes that the Guardian Council has implicitly and explicitly determined the guarantees and requirements for a fair trial and has deemed the legislative approvals of the Majlis incompatible with these standards in several instances.According to article 34 of the [Iranian] Constitution, everyone has the right to bring their claims before a court of law, and based on this right, the judiciary is tasked with examining and judging claims under article 156 of the constitution. To achieve a fair trial, the role of the Guardian Council as the interpreter of the Constitution is of great importance. In fact, the fair trial concept in the constitution is an ideal that requires the determination of standards that the constitutional judge expresses during the examination of legislative approvals. Accordingly, this research seeks to answer the question: what are the requirements for achieving an optimal fair trial according to the opinions of the Guardian Council? This study, using library data and an analytical-descriptive method, aims to identify the requirements of an optimal trial in three stages of judicial proceedings: 'before the judgment is issued,' 'issuing the judgment,' and 'executing the judgment.' The research concludes that the Guardian Council has implicitly and explicitly determined the guarantees and requirements for a fair trial and has deemed the legislative approvals of the Majlis incompatible with these standards in several instances.https://jplsq.ut.ac.ir/article_96302_2a4ff3e9587fc562d5ace4f2883bb428.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Preliminary Objection of "Third-State Actions" in the 2021 Jurisdictional Judgment of the International Court of JusticeThe Preliminary Objection of "Third-State Actions" in the 2021 Jurisdictional Judgment of the International Court of Justice244124618853710.22059/jplsq.2021.329735.2872FASayed TahaMousavi MirkalayeeFormer Assistant Prof., Department of Public Law and International Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, IranSavalanMohamadzadehMA. in (International Law), Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, IranJournal Article20210831Following the imposition of sanctions by the United States, Iran initiated proceedings against the United States at the International Court of Justice on July 16, 2018, in accordance with Article 21, paragraph 2 of the Treaty of Amity. The Court's proceedings at the jurisdictional stage led to a ruling on February 3, 2021, affirming the Court's jurisdiction. In the initial proceedings, the United States, as the respondent, raised several objections to the Court's jurisdiction, one of which was a so-called "third-state actions" objection. The main question of this paper is: how did the issue of third-state actions, as one of the respondent's jurisdictional objections, reflect in the jurisdictional judgment of the Court? This paper, using a descriptive-analytical method, concludes that based on the Court’s interpretation what is significant in establishing jurisdiction to examine the violation of the Treaty of Amity—considered a bilateral treaty between the two parties—is the act of the United States imposing sanctions, rather than the manner of execution and the executor of that act, which could be the United States or any other state.Following the imposition of sanctions by the United States, Iran initiated proceedings against the United States at the International Court of Justice on July 16, 2018, in accordance with Article 21, paragraph 2 of the Treaty of Amity. The Court's proceedings at the jurisdictional stage led to a ruling on February 3, 2021, affirming the Court's jurisdiction. In the initial proceedings, the United States, as the respondent, raised several objections to the Court's jurisdiction, one of which was a so-called "third-state actions" objection. The main question of this paper is: how did the issue of third-state actions, as one of the respondent's jurisdictional objections, reflect in the jurisdictional judgment of the Court? This paper, using a descriptive-analytical method, concludes that based on the Court’s interpretation what is significant in establishing jurisdiction to examine the violation of the Treaty of Amity—considered a bilateral treaty between the two parties—is the act of the United States imposing sanctions, rather than the manner of execution and the executor of that act, which could be the United States or any other state.https://jplsq.ut.ac.ir/article_88537_938273e31ad0a033862a6625da3ee89b.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Concept of 'Law' in the Political Thought of Francisco Suárez: The Transition from Church Sovereignty to Popular Sovereignty in the Renaissance EraThe Concept of 'Law' in the Political Thought of Francisco Suárez: The Transition from Church Sovereignty to Popular Sovereignty in the Renaissance Era246324819521710.22059/jplsq.2023.358489.3311FAMohammadKamali GookiAssistant Professor, Law, Political Sciences and History, University of Yazd, Yazd, IranJournal Article20230501The Renaissance era is a manifestation of contradictory and diverse thoughts. Philosophers, writers, artists, and politicians each represented a blend of classical and modern eras. In this transitional period, both the sovereignty of the Church and the sovereignty of the people were debated, alongside discussions of Christian theology and Greek philosophy. The thinkers of this era reflected this transition. Political philosophers from Machiavelli to Hobbes played a significant role in grounding the perspective on politics. While these philosophers were the pinnacle of political philosophy during this period, there were others recognized as the proverbial foothills of modern philosophy, whose insights enhance our understanding of the foundations of modern philosophy. Francisco Suárez was among those philosophers who stood at the intersection of Christian theology and Greek philosophy. His thoughts represent the transition of political thought from the celestial to the terrestrial. This paper aims to explore the concept of "law" in the political thought of this Spanish philosopher, as no research has been conducted on this topic in Persian so far. It seeks to answer the question of what definition of law exists in Suárez's thought and how this thinking has influenced the transition to popular sovereignty. The research method will be based on a contextual-textual approach.The Renaissance era is a manifestation of contradictory and diverse thoughts. Philosophers, writers, artists, and politicians each represented a blend of classical and modern eras. In this transitional period, both the sovereignty of the Church and the sovereignty of the people were debated, alongside discussions of Christian theology and Greek philosophy. The thinkers of this era reflected this transition. Political philosophers from Machiavelli to Hobbes played a significant role in grounding the perspective on politics. While these philosophers were the pinnacle of political philosophy during this period, there were others recognized as the proverbial foothills of modern philosophy, whose insights enhance our understanding of the foundations of modern philosophy. Francisco Suárez was among those philosophers who stood at the intersection of Christian theology and Greek philosophy. His thoughts represent the transition of political thought from the celestial to the terrestrial. This paper aims to explore the concept of "law" in the political thought of this Spanish philosopher, as no research has been conducted on this topic in Persian so far. It seeks to answer the question of what definition of law exists in Suárez's thought and how this thinking has influenced the transition to popular sovereignty. The research method will be based on a contextual-textual approach.https://jplsq.ut.ac.ir/article_95217_962bdb17f31f10acedf00b2d6fcd1917.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Founding Power in the 1979 Islamic Revolution of Iran in Light of Carl Schmitt's TheoryThe Founding Power in the 1979 Islamic Revolution of Iran in Light of Carl Schmitt's Theory248324979797110.22059/jplsq.2023.351676.3226FAHosseinRahmatollahiAssociate Prof., Department of Public Law, Faculty of Law, University of Tehran, Farabi Campus, Qom, IranFarimaJamaliPh.D. Student, Public Law, University of Tehran, Kish International Campus, Kish, IranJournal Article20221126Unfortunately, the concept of the founding power remains neglected in discussions on the constitutional law of Iran. It has become a prevailing view that after determining the type and form of the regime and the formation and ratification of the constitution, this creative power comes to an end and dissolves in order to ensure the stability of the established system. This is dangerous because it may lead to the overlooking of the vital role of the people, who are the true creators of a political system. However, it must be noted that the creator cannot dissolve and disappear within its creation. Such a viewpoint leads to dictatorship and the erosion of the people's sovereignty. Therefore in this research, which is conducted using a descriptive-analytical method and library sources, important concepts that are often conflated will first be clarified. Then, the status of the founding power and its role in the 1979 Islamic Revolution will be examined based on Chapter VIII of Carl Schmitt's book, Theory of the Foundation.Unfortunately, the concept of the founding power remains neglected in discussions on the constitutional law of Iran. It has become a prevailing view that after determining the type and form of the regime and the formation and ratification of the constitution, this creative power comes to an end and dissolves in order to ensure the stability of the established system. This is dangerous because it may lead to the overlooking of the vital role of the people, who are the true creators of a political system. However, it must be noted that the creator cannot dissolve and disappear within its creation. Such a viewpoint leads to dictatorship and the erosion of the people's sovereignty. Therefore in this research, which is conducted using a descriptive-analytical method and library sources, important concepts that are often conflated will first be clarified. Then, the status of the founding power and its role in the 1979 Islamic Revolution will be examined based on Chapter VIII of Carl Schmitt's book, Theory of the Foundation.https://jplsq.ut.ac.ir/article_97971_627d1de3d2f19f8b4970b8a49ed45df6.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221Floating Damage; Feasibility of Compensating for Environmental Damage to the Seas Caused by Maritime TransportFloating Damage; Feasibility of Compensating for Environmental Damage to the Seas Caused by Maritime Transport249925229805110.22059/jplsq.2023.353427.3247FAMozhdeBostanPh.D. in Private Law. Faculty of Administrative Sciences and Economics. University of Isfahan. Isfahan. IranAlirezaArashpuorAssociate Prof., Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, IranJournal Article20230107Floating damage refers to the natural compensatory capabilities, the disappearance, or the invisibility of damage caused by harmful behavior or operations. Due to the characteristics of the seabed, the damages resulting from maritime transportation are fluid or floating, which creates a significant challenge for legal systems in protecting the marine environment. These challenges arise in three areas: the feasibility of assessing the damages, how to evaluate them, and finally, determining and issuing judgments regarding the damages incurred. This paper employs a descriptive-analytical method to address the concept of floating damage in the marine environment and to outline its characteristics. It concludes that the inefficiency of legal systems in protecting the marine environment is due to the lack of a specific victim in most marine environmental damages, the fluidity of the damages incurred, and ultimately the absence of clear criteria for assessing and compensating these damages. The paper suggests a strategic approach to compensating damages to the marine environment, the criteria should be the estimation and relative assessment of the damages, regardless of whether the damages are present, disappeared, or compensated naturally. Such estimations and assessments are carried out considering scientific, economic, and expert criteria. As a result, judicial decisions in this area focus on the feasibility of realization and continuity of the damage rather than its definitive or tangible realization.Floating damage refers to the natural compensatory capabilities, the disappearance, or the invisibility of damage caused by harmful behavior or operations. Due to the characteristics of the seabed, the damages resulting from maritime transportation are fluid or floating, which creates a significant challenge for legal systems in protecting the marine environment. These challenges arise in three areas: the feasibility of assessing the damages, how to evaluate them, and finally, determining and issuing judgments regarding the damages incurred. This paper employs a descriptive-analytical method to address the concept of floating damage in the marine environment and to outline its characteristics. It concludes that the inefficiency of legal systems in protecting the marine environment is due to the lack of a specific victim in most marine environmental damages, the fluidity of the damages incurred, and ultimately the absence of clear criteria for assessing and compensating these damages. The paper suggests a strategic approach to compensating damages to the marine environment, the criteria should be the estimation and relative assessment of the damages, regardless of whether the damages are present, disappeared, or compensated naturally. Such estimations and assessments are carried out considering scientific, economic, and expert criteria. As a result, judicial decisions in this area focus on the feasibility of realization and continuity of the damage rather than its definitive or tangible realization.https://jplsq.ut.ac.ir/article_98051_c9580ba6cd20cc3ecb2d0c1ee07d30ff.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221Requirements for Ensuring Transparency in Presidential Elections; With Emphasis on the General Policies on ElectionsRequirements for Ensuring Transparency in Presidential Elections; With Emphasis on the General Policies on Elections252325469411510.22059/jplsq.2023.349933.3202FAMohamadhasanBagherikhoozaniPHD Student of azad University Najaf Abad branch in Public law, Najaf Abad, Iran0000-0001-6983-3105MohamadBoroomandPHD in Public law, Imam Sadeq University, Tehran, IranMohamadSalehiPHD Student of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, IranJournal Article20221023Today, transparency is considered as one of the elements for achieving good governance. The purpose of transparency is to ensure the public’s right to information, hold officials accountable, encourage public participation, address issues and structures, and prevent corruption. For this reason, the promotion of transparency in elections, which is one of the most common tools for gaining power in democratic systems, is justifiable. A transparent electoral system places actions and decisions in the public eye, helping electoral participants to bear responsibility for their decisions effectively. Thus, the transparency metric in elections can encompass both candidates as well as observers and administrators. In the General Policies on Elections, as an overarching document, the requirements for a transparent electoral system have been outlined. Based on this premise, this article aims to answer the question, to what extent does the legal framework of presidential elections ensure the General Policies of Elections in terms of transparency? The findings of the paper indicate that the laws relating to presidential elections have deficiencies that need to be remedied based on the General Policies on Elections.Today, transparency is considered as one of the elements for achieving good governance. The purpose of transparency is to ensure the public’s right to information, hold officials accountable, encourage public participation, address issues and structures, and prevent corruption. For this reason, the promotion of transparency in elections, which is one of the most common tools for gaining power in democratic systems, is justifiable. A transparent electoral system places actions and decisions in the public eye, helping electoral participants to bear responsibility for their decisions effectively. Thus, the transparency metric in elections can encompass both candidates as well as observers and administrators. In the General Policies on Elections, as an overarching document, the requirements for a transparent electoral system have been outlined. Based on this premise, this article aims to answer the question, to what extent does the legal framework of presidential elections ensure the General Policies of Elections in terms of transparency? The findings of the paper indicate that the laws relating to presidential elections have deficiencies that need to be remedied based on the General Policies on Elections.https://jplsq.ut.ac.ir/article_94115_99efa48eff48d748269a543047a811cf.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Relationship Between the Principle of Military Necessity in Humanitarian Law and Environmental Protection; Solutions and ChallengesThe Relationship Between the Principle of Military Necessity in Humanitarian Law and Environmental Protection; Solutions and Challenges254725729805210.22059/jplsq.2023.340913.3059FAAfifeGholami; Assistant Professor, Law, Faculty of Law and social sciences, University of Tabriz, Tabriz, Iran.AliMashhadiAssociate Professor, Public and International Law, Faculty of Law, University of Qom, Qom, Iran0000-0001-8439-1384JavadNikjahPh. D. Candidate in Public International Law, College of Farabi, University of Tehran, Qom, Iran0000-0003-3396-9291Journal Article20220412The principle of military necessity is a cornerstones of the law of armed conflict, embedded in both codified and customary norms. In many cases, the limited rules that provide environmental protection in armed conflicts are overshadowed by this principle. However, supportive and compatible foundations can be drawn from other principles of humanitarian law, such as the principles of distinction and proportionality. On the other hand, the effects of methods and tools used in armed conflicts, justified by the principle of necessity, can persist for years in the environment of conflict areas and even neighboring territories. The primary mission of international humanitarian law is to protect victims of armed conflicts. Protecting humanity is not possible without considering the necessities of its natural environment. This paper assumes that the legitimacy and manner of invoking the aforementioned principle, specifically to justify environmental damages by perpetrators, deserve attention and examination as some believe that environmental considerations are not prioritized in situations of war and can be overlooked in light on account of military necessities.The principle of military necessity is a cornerstones of the law of armed conflict, embedded in both codified and customary norms. In many cases, the limited rules that provide environmental protection in armed conflicts are overshadowed by this principle. However, supportive and compatible foundations can be drawn from other principles of humanitarian law, such as the principles of distinction and proportionality. On the other hand, the effects of methods and tools used in armed conflicts, justified by the principle of necessity, can persist for years in the environment of conflict areas and even neighboring territories. The primary mission of international humanitarian law is to protect victims of armed conflicts. Protecting humanity is not possible without considering the necessities of its natural environment. This paper assumes that the legitimacy and manner of invoking the aforementioned principle, specifically to justify environmental damages by perpetrators, deserve attention and examination as some believe that environmental considerations are not prioritized in situations of war and can be overlooked in light on account of military necessities.https://jplsq.ut.ac.ir/article_98052_089f1eecdf1861d4828256ccc6285f84.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Supervisory Role of the General Inspection Organization in Ensuring the Proper Conduct of AffairsThe Supervisory Role of the General Inspection Organization in Ensuring the Proper Conduct of Affairs257325939738210.22059/jplsq.2023.347032.3162FASajadAfsharAssistant Prof. of Law Department of Islamic Azad University, South Tehran Branch, Tehran, IranJournal Article20220820Article 174 of the [Iranian] Constitution grants the General Inspection Organization the authority to supervise institutions in terms of implementing laws and the proper conduct of affairs. The concept of supervising the proper conduct of affairs has many ambiguities. Aside from inherent linguistic ambiguities, there are no regulations in practice to determine what constitutes proper conduct, leaving the assessment of this matter solely to the inspectors of the General Inspection Organization. This is particularly significant because the organization can, based on its interpretation of proper conduct, issue binding recommendations to institutions, and failure to implement these recommendations can result in criminal liability for the authorities of those institutions, regardless of whether they agree or disagree with the proposed recommendations. This study employs a descriptive-analytical method to identify the concept and scope of the General Inspection Organization's supervision power over the proper conduct of affairs within the legal system of the Islamic Republic of Iran. Among various solutions, it appears that the best approach is for the General Inspection Organization and the Judiciary to establish standards so that any administrative decision adhering to these standards falls under the category of proper conduct, while decisions outside this process can be reviewed and amended by the organization.Article 174 of the [Iranian] Constitution grants the General Inspection Organization the authority to supervise institutions in terms of implementing laws and the proper conduct of affairs. The concept of supervising the proper conduct of affairs has many ambiguities. Aside from inherent linguistic ambiguities, there are no regulations in practice to determine what constitutes proper conduct, leaving the assessment of this matter solely to the inspectors of the General Inspection Organization. This is particularly significant because the organization can, based on its interpretation of proper conduct, issue binding recommendations to institutions, and failure to implement these recommendations can result in criminal liability for the authorities of those institutions, regardless of whether they agree or disagree with the proposed recommendations. This study employs a descriptive-analytical method to identify the concept and scope of the General Inspection Organization's supervision power over the proper conduct of affairs within the legal system of the Islamic Republic of Iran. Among various solutions, it appears that the best approach is for the General Inspection Organization and the Judiciary to establish standards so that any administrative decision adhering to these standards falls under the category of proper conduct, while decisions outside this process can be reviewed and amended by the organization.https://jplsq.ut.ac.ir/article_97382_ed9237373d0bdb39e3b91888485c23e7.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221Rupture in the Practice of the Iran-U.S. Claims Tribunal: The Tribunal's Rulings in Iranian Civilian Property CasesRupture in the Practice of the Iran-U.S. Claims Tribunal: The Tribunal's Rulings in Iranian Civilian Property Cases259526179796610.22059/jplsq.2023.335151.2961FAMohammadOmidifardDepartment of International Law, Qom Branch, Islamic Azad University, Qom, Iran.Syed YaserZiyaeeAssociate Prof., Faculty of Law, Qom University, Qom, IranJournal Article20211206On March 10, 2020, the Iran-U.S. Claims Tribunal issued a partial ruling in Case No. A15 (II: A). This case was brought by Iran based on the alleged violations by the United States of principle A and paragraph 9 of the Algiers Accords regarding the restoration of Iran's financial position to what it was before November 14, 1979, and the arrangement for the transfer of "Iranian assets,". According to the Tribunal the issuance of a ruling in the said case required establishing Iran's ownership of the assets in question. Therefore, the Tribunal, by resorting to conflict of laws rules, chose U.S. law as applicable law for determining ownership. Accordingly, Iran's ownership of the claimed assets and the applicability of the U.S. obligations to them were conditional upon the delivery of those assets to Iran. The question arises whether the Tribunal adopted a correct approach regarding this matter. This paper seeks to address this question by employing a descriptive-analytical method and library resources, relevant case law, and dissenting opinions of the Tribunal's judges. A unified approach has not been adopted in this regard, however, considering the Tribunal's nature as an international tribunal and the Algiers Accords as a treaty, applying a state's domestic law to a dispute related to alleged violations of an international treaty is not a commendable approach.On March 10, 2020, the Iran-U.S. Claims Tribunal issued a partial ruling in Case No. A15 (II: A). This case was brought by Iran based on the alleged violations by the United States of principle A and paragraph 9 of the Algiers Accords regarding the restoration of Iran's financial position to what it was before November 14, 1979, and the arrangement for the transfer of "Iranian assets,". According to the Tribunal the issuance of a ruling in the said case required establishing Iran's ownership of the assets in question. Therefore, the Tribunal, by resorting to conflict of laws rules, chose U.S. law as applicable law for determining ownership. Accordingly, Iran's ownership of the claimed assets and the applicability of the U.S. obligations to them were conditional upon the delivery of those assets to Iran. The question arises whether the Tribunal adopted a correct approach regarding this matter. This paper seeks to address this question by employing a descriptive-analytical method and library resources, relevant case law, and dissenting opinions of the Tribunal's judges. A unified approach has not been adopted in this regard, however, considering the Tribunal's nature as an international tribunal and the Algiers Accords as a treaty, applying a state's domestic law to a dispute related to alleged violations of an international treaty is not a commendable approach.https://jplsq.ut.ac.ir/article_97966_76a03e9de9fb06201e3942a9d1839af0.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Constitution of the Islamic The Constitution of the Islamic Republic of Iran and the Modern Meaning of the NationThe Constitution of the Islamic The Constitution of the Islamic Republic of Iran and the Modern Meaning of the Nation261926459685010.22059/jplsq.2023.348691.3179FAHamedNikoonahadAssistant Prof, Department of Public Law, Faculty of Law, Shahid Beheshti University, Tehran, IranMahsaSalahPhd. Student in Public Law, College of Farabi, University of Tehran, Qom, IranJournal Article20220927The concept of "nation" is a modern phenomenon and a product of the intellectual advancements of the Renaissance. As a demographic element, it shapes the identity of the modern state alongside territory and sovereignty, playing a significantly more prominent role than other components in the formation of the modern state. Thus, the nation and the state are two interrelated and opposing concepts, each lacking meaning without the other. The phenomenon of the nation, like other modern phenomena, is based on specific foundations and is logically and systematically connected to other components of modernity, in line with the goals of Western civilization. On the other hand, the Islamic Republic of Iran, as a model of post-Islamic Revolution governance, claims to represent a new political order with its own foundations and ideals. By deeply exploring the foundations and components of the phenomenon of the nation through an exploratory approach, as well as descriptively examining the foundations and ideals of the Islamic Republic system as manifested in its Constitution, we arrive at the central question: Despite the use of the term "nation" in the Constitution of the Islamic Republic of Iran, the demographic element of the state in post-Islamic Revolution Iran is not aligned with the modern concept of the nation as a demographic element of the modern state, and the core elements of the modern nation are incompatible with the theoretical foundations of the Islamic Republic.The concept of "nation" is a modern phenomenon and a product of the intellectual advancements of the Renaissance. As a demographic element, it shapes the identity of the modern state alongside territory and sovereignty, playing a significantly more prominent role than other components in the formation of the modern state. Thus, the nation and the state are two interrelated and opposing concepts, each lacking meaning without the other. The phenomenon of the nation, like other modern phenomena, is based on specific foundations and is logically and systematically connected to other components of modernity, in line with the goals of Western civilization. On the other hand, the Islamic Republic of Iran, as a model of post-Islamic Revolution governance, claims to represent a new political order with its own foundations and ideals. By deeply exploring the foundations and components of the phenomenon of the nation through an exploratory approach, as well as descriptively examining the foundations and ideals of the Islamic Republic system as manifested in its Constitution, we arrive at the central question: Despite the use of the term "nation" in the Constitution of the Islamic Republic of Iran, the demographic element of the state in post-Islamic Revolution Iran is not aligned with the modern concept of the nation as a demographic element of the modern state, and the core elements of the modern nation are incompatible with the theoretical foundations of the Islamic Republic.https://jplsq.ut.ac.ir/article_96850_2dcaaad3aad5bc2d080d11de7a91f849.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The System of Bilateral Investment Treaties in Light of the Principles of Sustainable Development of the 2002 Delhi DeclarationThe System of Bilateral Investment Treaties in Light of the Principles of Sustainable Development of the 2002 Delhi Declaration264726679797010.22059/jplsq.2023.344347.3100FAAyatMulaeeAssociate Prof., Department of Public Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, IranNasimSoleymani NezhadPhD student in Public Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, IranNasrinBabriMA. in private law, Faculty of Law, Islamic Azad university, Ilkhchi Branch, IranJournal Article20220611Critics of bilateral foreign investment treaties argue that these agreements often pose a serious threat to the principles of sustainable development. The main purpose of this paper is to examine the compatibility of the system of bilateral investment treaties with the principles of sustainable development. Therefore, this research aims to evaluate the treaty system in light of the principles of international law as outlined in the 2002 Delhi Declaration on Sustainable Development. The resulting conclusion is based on the premise that bilateral investment treaties are never an obstacle to sustainable development. This is well reflected in the recent trends of treaties as elements of sustainable development have, albeit initially, been incorporated into such treaties. Undoubtedly, by adhering to considerations such as environmental, economic, and social assessments prior to the conclusion of agreements, establishing behavioral obligations for investors, and enhancing regional cooperation by replacing bilateral treaties with multilateral ones, sustainable development principles will become more prominent in investment treaties. However, this underscores the necessity for careful attention from treaty drafters and interpreters in thoroughly examining the application and incorporation of sustainable development principles.Critics of bilateral foreign investment treaties argue that these agreements often pose a serious threat to the principles of sustainable development. The main purpose of this paper is to examine the compatibility of the system of bilateral investment treaties with the principles of sustainable development. Therefore, this research aims to evaluate the treaty system in light of the principles of international law as outlined in the 2002 Delhi Declaration on Sustainable Development. The resulting conclusion is based on the premise that bilateral investment treaties are never an obstacle to sustainable development. This is well reflected in the recent trends of treaties as elements of sustainable development have, albeit initially, been incorporated into such treaties. Undoubtedly, by adhering to considerations such as environmental, economic, and social assessments prior to the conclusion of agreements, establishing behavioral obligations for investors, and enhancing regional cooperation by replacing bilateral treaties with multilateral ones, sustainable development principles will become more prominent in investment treaties. However, this underscores the necessity for careful attention from treaty drafters and interpreters in thoroughly examining the application and incorporation of sustainable development principles.https://jplsq.ut.ac.ir/article_97970_67d2e44be4f46db61ec86bbb9e10b2e8.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Right to Legal Recourse Against Individuals with Diplomatic Immunity: Challenges and SolutionsThe Right to Legal Recourse Against Individuals with Diplomatic Immunity: Challenges and Solutions266926889535510.22059/jplsq.2023.366836.3415FAFarnazRaeeskazemiPhD in International Law, Payame Noor University, Tehran, Iran0000-0002-7522-4733HosseinAlekajbafAssociate Professor, Department of Law, Payame Noor University, Tehran, IranSoheylaKooshaAssistant Professor, Department of Law, Payame Noor University, Tehran, IranJournal Article20231017Diplomatic immunity, as a concept of international law, plays a significant role in maintaining diplomatic relations between countries and the rights and freedoms of diplomats. The principle of diplomatic immunity enables diplomats to be protected from legal prosecution for violations of the laws of the host state. Granting extensive immunity to diplomats may sometimes seem to conflict with the fundamental right to seek justice for individuals whose rights have been overlooked by diplomats. Therefore, this article aims to address questions related to existing solutions regarding diplomatic crimes, avoiding instances of diplomatic abuse, ensuring the rights of victims, and the challenges ahead. The research methodology in this study is based on an explanatory-analytical approach. The results indicate that to preserve individuals' right to seek justice and reduce crimes committed by diplomats through their common abuses of diplomatic privileges and immunities, there is a need to amend the Vienna Convention and the laws of Diplomatic immunity, as a concept of international law, plays a significant role in maintaining diplomatic relations between countries and the rights and freedoms of diplomats. The principle of diplomatic immunity enables diplomats to be protected from legal prosecution for violations of the laws of the host state. Granting extensive immunity to diplomats may sometimes seem to conflict with the fundamental right to seek justice for individuals whose rights have been overlooked by diplomats. Therefore, this article aims to address questions related to existing solutions regarding diplomatic crimes, avoiding instances of diplomatic abuse, ensuring the rights of victims, and the challenges ahead. The research methodology in this study is based on an explanatory-analytical approach. The results indicate that to preserve individuals' right to seek justice and reduce crimes committed by diplomats through their common abuses of diplomatic privileges and immunities, there is a need to amend the Vienna Convention and the laws of https://jplsq.ut.ac.ir/article_95355_f63266487b06bb04aeeac47d271efbcd.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Challenges of the Duties, Powers, and Responsibilities of the Minister of Justice in the Islamic Republic of IranThe Challenges of the Duties, Powers, and Responsibilities of the Minister of Justice in the Islamic Republic of Iran268927169411910.22059/jplsq.2023.348857.3181FAMohammad VazinKarimianAssociate Prof., University of Judicial Sciences and Administrative Services, Tehran, IranJournal Article20221001The minister of justice, like any other minister, must have clear, appropriate, and balanced duties, powers, and responsibilities. This article first provides an overview of the position, duties, powers, and general responsibilities of ministers, such as those established in article 137 of the constitution of the Islamic Republic of Iran, and the rules regarding their appointment, vote of confidence, resignation, dismissal, questioning, and impeachment as outlined in the Constitution. Thereafter, the specific status of the minister of justice is explained. It is clear that the minister of justice occupies a position similar to that of other ministers. However, in some respects, this position is exceptional. The essence of this situation arises from the Iranian constitution, which states that "the judiciary" is outside the domain of the minister of justice. The topic of this research is to studt to what extent the method established in article 160 of the constitution of 1979 as amended in 1989, and the Act on the Implementation of Part of Article 160 of the Constitution, adopted in 2015, effectively addresses various issues regarding the relationship between the judiciary and other branches of government and is suitable for the optimal management of the country's judicial system while fully ensuring judicial independence. This research, which utilized library sources and documents for data collection and employs legal and judicial reasoning for data analysis, has shown that some issues remain unresolved and require theoretical and legal solutions. This paper presents solutions, the most important of which are based on clarifying the concept of judicial independence in judicial proceedings and decisions and avoiding its extension to the administrative, financial, and executive matters of the judiciary.The minister of justice, like any other minister, must have clear, appropriate, and balanced duties, powers, and responsibilities. This article first provides an overview of the position, duties, powers, and general responsibilities of ministers, such as those established in article 137 of the constitution of the Islamic Republic of Iran, and the rules regarding their appointment, vote of confidence, resignation, dismissal, questioning, and impeachment as outlined in the Constitution. Thereafter, the specific status of the minister of justice is explained. It is clear that the minister of justice occupies a position similar to that of other ministers. However, in some respects, this position is exceptional. The essence of this situation arises from the Iranian constitution, which states that "the judiciary" is outside the domain of the minister of justice. The topic of this research is to studt to what extent the method established in article 160 of the constitution of 1979 as amended in 1989, and the Act on the Implementation of Part of Article 160 of the Constitution, adopted in 2015, effectively addresses various issues regarding the relationship between the judiciary and other branches of government and is suitable for the optimal management of the country's judicial system while fully ensuring judicial independence. This research, which utilized library sources and documents for data collection and employs legal and judicial reasoning for data analysis, has shown that some issues remain unresolved and require theoretical and legal solutions. This paper presents solutions, the most important of which are based on clarifying the concept of judicial independence in judicial proceedings and decisions and avoiding its extension to the administrative, financial, and executive matters of the judiciary.https://jplsq.ut.ac.ir/article_94119_fd166ca9675ef9b8aa3361ed61bb006f.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221Cryptocurrency Mining and International Environmental Law: Requirements and ChallengesCryptocurrency Mining and International Environmental Law: Requirements and Challenges271727469675410.22059/jplsq.2023.339087.3037FAArameshShahbaziAssociate Professor of International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, IranFahimehHeidari TorkabadP.H.D student in international law, Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, IranJournal Article20220222Greenhouse gas emissions in 2021 have returned to pre-pandemic levels, and it is expected that emissions will increase by 4.9% this year. One of the reasons for this increase is cryptocurrency mining, which relies on electricity generated from burning fossil fuels and electronic waste. Its impact on the environment, as a shared heritage of humanity, undeniably undermines the human right to enjoy a healthy environment. On the one hand, the potential for international organized crime, due to the anonymity of cryptocurrency transactions, tightens the connection of this issue with other branches of international law. Although green cryptocurrencies, such as Bitgreen, can herald a different form of trade, halt paper currency printing, and prevent the cutting down of thousands of trees, there are structural and normative weaknesses in drafting a treaty to impose restrictions on cryptocurrency mining. Given the long road ahead to achieve the goals of such a treaty, it seems necessary to manage this slow and less tangible crisis by resorting to existing customs and principles of international environmental law, while hoping for the actions of states at the national level (such as the imposition of taxes on cryptocurrency mining by the U.S. government). At the same time, we must acknowledge this phenomenon and take steps toward regulating the extraction and use of cryptocurrencies.Greenhouse gas emissions in 2021 have returned to pre-pandemic levels, and it is expected that emissions will increase by 4.9% this year. One of the reasons for this increase is cryptocurrency mining, which relies on electricity generated from burning fossil fuels and electronic waste. Its impact on the environment, as a shared heritage of humanity, undeniably undermines the human right to enjoy a healthy environment. On the one hand, the potential for international organized crime, due to the anonymity of cryptocurrency transactions, tightens the connection of this issue with other branches of international law. Although green cryptocurrencies, such as Bitgreen, can herald a different form of trade, halt paper currency printing, and prevent the cutting down of thousands of trees, there are structural and normative weaknesses in drafting a treaty to impose restrictions on cryptocurrency mining. Given the long road ahead to achieve the goals of such a treaty, it seems necessary to manage this slow and less tangible crisis by resorting to existing customs and principles of international environmental law, while hoping for the actions of states at the national level (such as the imposition of taxes on cryptocurrency mining by the U.S. government). At the same time, we must acknowledge this phenomenon and take steps toward regulating the extraction and use of cryptocurrencies.https://jplsq.ut.ac.ir/article_96754_5cdaad908e9b6bac9d3e55684421c316.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Requirements of Writing Guardian Council Opinions and their ImpactsThe Requirements of Writing Guardian Council Opinions and their Impacts274727739577910.22059/jplsq.2023.346186.3144FAAliAriannezhadPhd Student in Public Law, Faculty of Law and Political Science, Tehran University, Tehran, IranMohammad AliFarahanyPh.D. in Public Law, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran.Journal Article20220725According to articles 4, 91, and 98 of the Constitution, the Guardian Council has the authority to oversee the legislation of the Islamic Consultative Assembly (the Majlis) in terms of its conformity with Islamic law and the Constitution, as well as to provide post-facto religious oversight on all laws and regulations and interpret the Constitution. The Council's opinions are expressed in written form, and the transformation of discussions into writing faces certain limitations. These limitations require the establishment of guidelines for drafting the Council's opinions. This research, using a descriptive-analytical method, seeks to answer the question: what are the requirements for writing the opinions of the Guardian Council, and what effects does adherence to these requirements have? To provide an answer, the analysis of the Guardian Council's opinions will be conducted based on writing requirements, beginning with content-related requirements, followed by formal requirements. The most important content-related requirements include solid reasoning, guiding the legislator in addressing issues, and commenting on the contrary meaning of opinions. The most important formal requirements include clarity, robustness in legal language and terminology while avoiding neologisms, avoiding convoluted writing, avoiding generalizations, using clear and precise terms, and appropriate punctuation. Adherence to these requirements not only prevents negative consequences from the incorrect transmission of concepts but also leads to positive outcomes such as fulfilling the existential purpose of the Guardian Council, maximizing the innovative authority of legislative bodies, creating transparency in the country's legal system, speeding up the legislative process, and developing the legal system.According to articles 4, 91, and 98 of the Constitution, the Guardian Council has the authority to oversee the legislation of the Islamic Consultative Assembly (the Majlis) in terms of its conformity with Islamic law and the Constitution, as well as to provide post-facto religious oversight on all laws and regulations and interpret the Constitution. The Council's opinions are expressed in written form, and the transformation of discussions into writing faces certain limitations. These limitations require the establishment of guidelines for drafting the Council's opinions. This research, using a descriptive-analytical method, seeks to answer the question: what are the requirements for writing the opinions of the Guardian Council, and what effects does adherence to these requirements have? To provide an answer, the analysis of the Guardian Council's opinions will be conducted based on writing requirements, beginning with content-related requirements, followed by formal requirements. The most important content-related requirements include solid reasoning, guiding the legislator in addressing issues, and commenting on the contrary meaning of opinions. The most important formal requirements include clarity, robustness in legal language and terminology while avoiding neologisms, avoiding convoluted writing, avoiding generalizations, using clear and precise terms, and appropriate punctuation. Adherence to these requirements not only prevents negative consequences from the incorrect transmission of concepts but also leads to positive outcomes such as fulfilling the existential purpose of the Guardian Council, maximizing the innovative authority of legislative bodies, creating transparency in the country's legal system, speeding up the legislative process, and developing the legal system.https://jplsq.ut.ac.ir/article_95779_dbfac6433f48aa7d7747d9ed7f9cf646.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221Withdrawal from Environmental Treaties and the Necessity of Adhering to International Rules and RegulationsWithdrawal from Environmental Treaties and the Necessity of Adhering to International Rules and Regulations277527999370710.22059/jplsq.2023.349849.3198FAElaheMohsenipourPhD student, Islamic Azad University, Ghaemshahr Branch, Mazandaran. IranKaranRohaniFaculty Members, Islamic Azad University of Ghaemshahr Branch, Mazandaran. IranAliBabayeemehrFaculty Members, Islamic Azad University of Babol Branch. Mazandaran. IranJournal Article20221107As a result of human activities in recent decades, the state of the earth's environment has faced irreparable damage. This issue has compelled governments to formulate and implement various environmental laws and regulations across all dimensions. The aim of this article is to examine the foundations of states obligating to adhere to international environmental rules and regulations, with an emphasis on the unilateralism of certain states regarding their withdrawal from environmental treaties. The results indicate that the Paris Agreement focuses primarily on developing countries, while the highest levels of environmental pollution are generated by developed countries. The breach of commitment by some countries, such as the United States, China, and Russia, and their withdrawal from and disregard for this treaty clearly demonstrate that these countries have not fulfilled their commitments adequately. Consequently, addressing these existing challenges in the world requires the cooperation of all governments, the private sector, and civil society to prioritize risk reduction, as well as fairness and justice in decision-making and investment.As a result of human activities in recent decades, the state of the earth's environment has faced irreparable damage. This issue has compelled governments to formulate and implement various environmental laws and regulations across all dimensions. The aim of this article is to examine the foundations of states obligating to adhere to international environmental rules and regulations, with an emphasis on the unilateralism of certain states regarding their withdrawal from environmental treaties. The results indicate that the Paris Agreement focuses primarily on developing countries, while the highest levels of environmental pollution are generated by developed countries. The breach of commitment by some countries, such as the United States, China, and Russia, and their withdrawal from and disregard for this treaty clearly demonstrate that these countries have not fulfilled their commitments adequately. Consequently, addressing these existing challenges in the world requires the cooperation of all governments, the private sector, and civil society to prioritize risk reduction, as well as fairness and justice in decision-making and investment.https://jplsq.ut.ac.ir/article_93707_7cf487ccd7be073401087c10c5096d95.pdfUniversity of TehranPublic Law Studies Quarterly2423-812054420241221The Rise and Fall of the Right to Self-Determination in Light of Great Power InterestsThe Rise and Fall of the Right to Self-Determination in Light of Great Power Interests280128269917010.22059/jplsq.2023.345960.3139FAGholamrezaSadeghpoor AjibishehPhD. Student, Department of Public International Law, Karaj Branch, Islamic Azad University, Karaj, IranFatemehKeyhanlouAssistant Prof., Department of International Law, Karaj Branch, Islamic Azad University, Karaj, IranZainabEsmatiAssistant Prof., Department of Public Law, Karaj Branch, Islamic Azad University, Karaj, IranJournal Article20220719Contrary to secession in the colonial domain, which is considered legitimate in contemporary international law, separation in the non-colonial sphere is a controversial issue and is a matter of dispute between governments and international lawyers. There is general agreement that in case of severe human rights violations, it is possible for a people to enjoy the right to remedial secession and in this case, international law does not support th territorial sovereignty of states. Nevertheless, great powers have always played a key role in the application of this principle by claimant movements. This article, with a descriptive-analytical method, seeks to examine the legal situation and the possibility of evaluating the right to self-determination in the context of contemporary international law on the one hand and examinine its application in light of great powers’ practices, on the other hand. The findings of this article show that the human rights situation in a state should be considered so as to determine whether non-colonial independence is suitable or the right to self-determination in the framework of "remedial secession" should be ensured. Contrary to secession in the colonial domain, which is considered legitimate in contemporary international law, separation in the non-colonial sphere is a controversial issue and is a matter of dispute between governments and international lawyers. There is general agreement that in case of severe human rights violations, it is possible for a people to enjoy the right to remedial secession and in this case, international law does not support th territorial sovereignty of states. Nevertheless, great powers have always played a key role in the application of this principle by claimant movements. This article, with a descriptive-analytical method, seeks to examine the legal situation and the possibility of evaluating the right to self-determination in the context of contemporary international law on the one hand and examinine its application in light of great powers’ practices, on the other hand. The findings of this article show that the human rights situation in a state should be considered so as to determine whether non-colonial independence is suitable or the right to self-determination in the framework of "remedial secession" should be ensured. https://jplsq.ut.ac.ir/article_99170_d5849073487619183e5cdc36c2d898ec.pdf