University of TehranPublic Law Studies Quarterly2423-812056120260321Cyberattacks on Healthcare Infrastructure from the Perspective of International LawCyberattacks on Healthcare Infrastructure from the Perspective of International Law13510676710.22059/jplsq.2025.386188.3639FAKianBiglarbeigiPh.D. Student in International Law, Faculty of Law and Political Science, Tehran University, Tehran, Iran.0000-0001-8659-0299SattarAziziProf., Department of Law, Faculty of Humanities, Bu-Ali Sina University, Hamedan, Iran.0000-0003-3609-7644Journal Article20241130Today, there is no doubt that technology has strengthened the realization of the right to health; however, it has also led to violations and weakening of this right, exposing the world to an increasing risk of cyberattacks. Healthcare programs and medical data are significantly more sensitive and complex than many other types of data and programs, necessitating a high level of protection. Nevertheless, the rise in cyberattacks targeting healthcare and medical facilities is accelerating, with substantial impacts on the provision of healthcare services globally. Consequently, the healthcare industry has lagged behind other industries in protecting its most critical stakeholders (patients), and hospitals must now invest considerable capital and effort to safeguard their systems. In examining cyberattacks, it is essential to distinguish between two categories of such attacks: those reaching the threshold of the use of force and those that do not. Thus, the rules governing these attacks can be categorized and differentiated into two frameworks: peacetime and armed conflict. Therefore, this article employs a descriptive-analytical approach and relies on a library-based method of data collection to address the question of what legal rules govern such attacks.Today, there is no doubt that technology has strengthened the realization of the right to health; however, it has also led to violations and weakening of this right, exposing the world to an increasing risk of cyberattacks. Healthcare programs and medical data are significantly more sensitive and complex than many other types of data and programs, necessitating a high level of protection. Nevertheless, the rise in cyberattacks targeting healthcare and medical facilities is accelerating, with substantial impacts on the provision of healthcare services globally. Consequently, the healthcare industry has lagged behind other industries in protecting its most critical stakeholders (patients), and hospitals must now invest considerable capital and effort to safeguard their systems. In examining cyberattacks, it is essential to distinguish between two categories of such attacks: those reaching the threshold of the use of force and those that do not. Thus, the rules governing these attacks can be categorized and differentiated into two frameworks: peacetime and armed conflict. Therefore, this article employs a descriptive-analytical approach and relies on a library-based method of data collection to address the question of what legal rules govern such attacks.https://jplsq.ut.ac.ir/article_106767_7b39330d0da4faff87808a3f517b9641.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321The Concept, Necessity and Solution of Realizing Islamic Sciences with an Emphasis on Islamic LawThe Concept, Necessity and Solution of Realizing Islamic Sciences with an Emphasis on Islamic Law375710563810.22059/jplsq.2025.383702.3620FAEbrahimMousazadehProf., Department Of Public Law, Faculty Of Law and Political Science, University Of Tehran, Tehran, Iran0000-0003-0650-2522Journal Article20241013The topic of Islamic science/law as a solution to overcome the problem of conflict and contradiction between the values derived from Western sciences and Islamic values, is one of the important issues in the field of humanities, which has occupied the thoughts of many philosophers and thinkers in the last few decades. Research in explaining the concept, understanding the necessity and how to realize Islamic science and, accordingly, Islamic law, is one of the most important goals in the field of Islamic humanities. In this article, the main question is that what is the concept and necessity of Islamic science and how it is realized? This article uses a qualitative research method and references written works with a descriptive and analytical approach. The main findings of the research are that if the data of any science, including the science of law, is necessary and essential for the Islamic society and its product does not contradict Islamic teachings, then it is considered Islamic science and its necessity lies in obviating the destructive and negative consequences non-Islamic science. The solution to the realization and production of Islamic science is "proven reason" and "convictive narration". And since "legal rules” described as "normative" and "recommended" have a direct relationship with "worldview" and "anthropology" and are considered as inseparable parts of society, therefore the Islamization of “legal rules”, is necessary more than in any other field.The topic of Islamic science/law as a solution to overcome the problem of conflict and contradiction between the values derived from Western sciences and Islamic values, is one of the important issues in the field of humanities, which has occupied the thoughts of many philosophers and thinkers in the last few decades. Research in explaining the concept, understanding the necessity and how to realize Islamic science and, accordingly, Islamic law, is one of the most important goals in the field of Islamic humanities. In this article, the main question is that what is the concept and necessity of Islamic science and how it is realized? This article uses a qualitative research method and references written works with a descriptive and analytical approach. The main findings of the research are that if the data of any science, including the science of law, is necessary and essential for the Islamic society and its product does not contradict Islamic teachings, then it is considered Islamic science and its necessity lies in obviating the destructive and negative consequences non-Islamic science. The solution to the realization and production of Islamic science is "proven reason" and "convictive narration". And since "legal rules” described as "normative" and "recommended" have a direct relationship with "worldview" and "anthropology" and are considered as inseparable parts of society, therefore the Islamization of “legal rules”, is necessary more than in any other field.https://jplsq.ut.ac.ir/article_105638_9a5795174d5811fc07b0a4f95f6ed1d5.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321The Essentials of Competition Law Vis-a-vis the Competition Concerns of Super ApplicationsThe Essentials of Competition Law Vis-a-vis the Competition Concerns of Super Applications598410592910.22059/jplsq.2025.379418.3568FAEbrahimRahbariAssistant Prof., Department of International Trade, Intellectual Property and Cyberspace Law, Law Faculty, Shahid Beheshti University, Tehran, Iran0000-0002-1713-2590NasserNikourayPh.D. Student in International Trade and Investment Law, Department of International Trade, Intellectual Property and Cyberspace Law, Law Faculty, Shahid Beheshti University, Tehran, Iran0009-0009-7650-7100Journal Article20240808Super applications are a novel type of multi-sided online platforms whose developers have, in recent years, endeavored to expand market diversity, user base, and product popularity by offering a variety of services under a single platform. Despite the enhancement of user benefit through the use of super applications, neglecting the potential anti-competitive impacts of these enterprises—which have now obtained a considerable share of the digital economy in the countries where they operate—will have detrimental consequences. The present paper, adopting a descriptive-analytical approach, elucidates the concept of super applications and their characteristics, addresses questions such as the methods through which these enterprises threaten competition, and considers how competition authorities confront these enterprises. This paper demonstrates that attention to modern competitive assessment criteria, alongside a revision of definitions and policies, as well as the adoption of a proactive ex-ante approach by competition authorities against the potential abuse of dominant positions and the commission of competition-distorting concentrations by super applications, is necessary. In Iran, where the emergence of super apps is a recent phenomenon, competition law must prepare itself to address their anti-competitive practices, particularly the abuse of dominant positions and unjust market entries that restrict competition for rivals in various markets.Super applications are a novel type of multi-sided online platforms whose developers have, in recent years, endeavored to expand market diversity, user base, and product popularity by offering a variety of services under a single platform. Despite the enhancement of user benefit through the use of super applications, neglecting the potential anti-competitive impacts of these enterprises—which have now obtained a considerable share of the digital economy in the countries where they operate—will have detrimental consequences. The present paper, adopting a descriptive-analytical approach, elucidates the concept of super applications and their characteristics, addresses questions such as the methods through which these enterprises threaten competition, and considers how competition authorities confront these enterprises. This paper demonstrates that attention to modern competitive assessment criteria, alongside a revision of definitions and policies, as well as the adoption of a proactive ex-ante approach by competition authorities against the potential abuse of dominant positions and the commission of competition-distorting concentrations by super applications, is necessary. In Iran, where the emergence of super apps is a recent phenomenon, competition law must prepare itself to address their anti-competitive practices, particularly the abuse of dominant positions and unjust market entries that restrict competition for rivals in various markets.https://jplsq.ut.ac.ir/article_105929_5495c7da46b226e03460e96b143e727a.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321Justiciability of Human Economic and Social Rights Based on Constitutions with a Special Focus on the Constitution of the Islamic Republic of IranJusticiability of Human Economic and Social Rights Based on Constitutions with a Special Focus on the Constitution of the Islamic Republic of Iran8510910548010.22059/jplsq.2025.386080.3638FANaderMirzadeh KouhshahiAssociate Professor, Department of Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.0000-0002-7169-3102HosseinSayyad AbdiMA in Human Rights Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.0009-0007-9769-7025Journal Article20241126Economic and Social human rights protect the fundamental needs of mankind. Nevertheless, scholars and the implementing institutions consider that these rights are not justiciable for several reasons, including the fact that these rights are progressively realized, the vagueness of these rights as well as the limitation of resources for the realization of these rights. This research uses a descriptive-analytical method and reviews documents, cases, and theories, and attempts firstly to discover the justiciability of economic and social rights and secondly analyzes the textual status of constitutions, with special regard to the Constitution of Iran, for the purpose of specifying those rights and identifying them as justiciable. This research firstly concludes that available documents undermine the unjusticiability view and validates the enforcement of these rights by judicial review. Secondly, the text of the constitution in each country, is the primary document which identifies these rights. This text itself can be the basis for filing a claim. Alternatively, the text can, through interpretation by judges, be used to enforce these rights. Subsequently, this paper concludes that although a striking number of economic and social rights have been enshrined in the Constitution of Iran, none of them are justiciable except for the “Right to Own Property”. Hence, the fulfillment of these rights requires solutions outside the text of the constitution. Furthermore, the Divan Edalat Edari (i.e. the Court of Administrative Justice), in accordance with Article 173 of the Constitution of Iran, has had a prominent role in the implementation and the commitment of Iran's Government to the aforementioned rights.Economic and Social human rights protect the fundamental needs of mankind. Nevertheless, scholars and the implementing institutions consider that these rights are not justiciable for several reasons, including the fact that these rights are progressively realized, the vagueness of these rights as well as the limitation of resources for the realization of these rights. This research uses a descriptive-analytical method and reviews documents, cases, and theories, and attempts firstly to discover the justiciability of economic and social rights and secondly analyzes the textual status of constitutions, with special regard to the Constitution of Iran, for the purpose of specifying those rights and identifying them as justiciable. This research firstly concludes that available documents undermine the unjusticiability view and validates the enforcement of these rights by judicial review. Secondly, the text of the constitution in each country, is the primary document which identifies these rights. This text itself can be the basis for filing a claim. Alternatively, the text can, through interpretation by judges, be used to enforce these rights. Subsequently, this paper concludes that although a striking number of economic and social rights have been enshrined in the Constitution of Iran, none of them are justiciable except for the “Right to Own Property”. Hence, the fulfillment of these rights requires solutions outside the text of the constitution. Furthermore, the Divan Edalat Edari (i.e. the Court of Administrative Justice), in accordance with Article 173 of the Constitution of Iran, has had a prominent role in the implementation and the commitment of Iran's Government to the aforementioned rights.https://jplsq.ut.ac.ir/article_105480_2f07743e6ff2abf96457612acfa6699e.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321The Relationship between Implied Recognition and Third-Party Intervention in International Court of Justice with emphasis on Intervention of Islamic Republic of Iran in South Africa vs Israel Case before the International Court of JusticeThe Relationship between Implied Recognition and Third-Party Intervention in International Court of Justice with emphasis on Intervention of Islamic Republic of Iran in South Africa vs Israel Case before the International Court of Justice11113010094010.22059/jplsq.2025.375865.3523FAAhmadMomeniradAssociate Professor of International Law, Department of Public Law, Faculty of Law and Political Science, Tehran University, Tehran, Iran0000-0003-1099-5905Seyed HosseinMousavifarAssistant professor of International Law, Department of Criminal law and Criminology, Faculty of law and political sciences Ferdowsi university of Mashhad, Mahshad, Iran0009-0005-0406-9712SoroushSeyedian HashemiPh.D Candidate of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran0009-0000-5833-7413Journal Article20240605The aim of this article is to address the question of whether Iran’s intervention as a third party in the case brought by South Africa against the Israeli regime before the International Court of Justice (ICJ) would imply an implicit recognition of the Israeli regime as a state or not. The central hypothesis of this study is that initiating legal proceedings or third-party intervention, in this context, does not influence the legal matter of recognition. An examination of third-party intervention in the ICJ and the international law governing recognition reveals that neither initiating proceedings nor intervening as a third party would affect Iran’s position of non-recognition of the Israeli regime as a state. This is due to the fact that recognition occurs only through the explicit consent of states and further considering the fact that Iran explicitly insists on non-recognition of the Zionist Regime, intervention in a case as a third party would not imply recognition of the regime. Nonetheless, in deciding whether to intervene in the aforementioned case, it is necessary to consider the possibility that the Israeli regime could initiate an independent claim against Iran under the Genocide Convention as a means of neutralizing Iran’s legal action and influencing South Africa’s case against the regime.The aim of this article is to address the question of whether Iran’s intervention as a third party in the case brought by South Africa against the Israeli regime before the International Court of Justice (ICJ) would imply an implicit recognition of the Israeli regime as a state or not. The central hypothesis of this study is that initiating legal proceedings or third-party intervention, in this context, does not influence the legal matter of recognition. An examination of third-party intervention in the ICJ and the international law governing recognition reveals that neither initiating proceedings nor intervening as a third party would affect Iran’s position of non-recognition of the Israeli regime as a state. This is due to the fact that recognition occurs only through the explicit consent of states and further considering the fact that Iran explicitly insists on non-recognition of the Zionist Regime, intervention in a case as a third party would not imply recognition of the regime. Nonetheless, in deciding whether to intervene in the aforementioned case, it is necessary to consider the possibility that the Israeli regime could initiate an independent claim against Iran under the Genocide Convention as a means of neutralizing Iran’s legal action and influencing South Africa’s case against the regime.https://jplsq.ut.ac.ir/article_100940_484ff37950889b60ab9ead9862108ee8.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321State Obligations Under the Right to Technology: From the Duty to Respect to the Duty of Full FulfillmentState Obligations Under the Right to Technology: From the Duty to Respect to the Duty of Full Fulfillment13115110548110.22059/jplsq.2025.393375.3737FASeyed Mohamad HassanRazaviAssistant Pro., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran0000-0001-6134-653XZahraAsadiMA. in International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.0000-0002-5496-6658Journal Article20250419The Universal Declaration of Human Rights has long underscored the principle that technology should benefit humanity universally, and those scientific advancements should be accessible to all. Although the "right to technology" is implicitly recognized in various human rights documents and has been explored by researchers, it remains one of the most neglected rights in terms of both normative development and practical implementation. This study aims to elucidate the normative framework of the right to technology by examining the rights and obligations outlined in international documents. The research categorizes these obligations into three primary duties: the obligation to respect, protect, and fully fulfill the right to technology. Additionally, it highlights a set of core minimum obligations that are particularly significant given the existing constraints on governmental actions.The Universal Declaration of Human Rights has long underscored the principle that technology should benefit humanity universally, and those scientific advancements should be accessible to all. Although the "right to technology" is implicitly recognized in various human rights documents and has been explored by researchers, it remains one of the most neglected rights in terms of both normative development and practical implementation. This study aims to elucidate the normative framework of the right to technology by examining the rights and obligations outlined in international documents. The research categorizes these obligations into three primary duties: the obligation to respect, protect, and fully fulfill the right to technology. Additionally, it highlights a set of core minimum obligations that are particularly significant given the existing constraints on governmental actions.https://jplsq.ut.ac.ir/article_105481_13b1c6770cc7a97bf58b8c99cba0256e.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321Defining the Nature of the Fundamental Principles of International Space Law in Light of the ILC Draft Articles on Jus CogensDefining the Nature of the Fundamental Principles of International Space Law in Light of the ILC Draft Articles on Jus Cogens15317610669210.22059/jplsq.2025.388683.3671FAEbrahimBeigzadehProf., Department of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran0009-0009-3675-7113SimaMoradinasabAssistant Prof., Department of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran0000-0002-5997-4825Journal Article20250112International space law, comprising of primary and secondary norms, is an emerging branches of international law system. By examining this legal system, it can be inferred that some principles and rules of international space law enjoy the highest rank in the substantive hierarchy of international law norms. The main reason for this is that these principles and rules, by their very nature, protect the fundamental values of international community. Thus, the main question to be answered is as follows: has the concept of jus cogens entered international space law and, if so, which principles and rules of this legal system have acquired this feature? This paper hypothesizes that the international space law system consists of peremptory norms which are non-derogable. Using the methodology of the ILC in its 2022 report on jus cogens, the said hypothesis will be confirmed. In other words, some space law rules are regarded as non-derogable norms of international law. This is grounded in widespread international practice, opinio juris of states and legal scholarship. It appears, however, that international space law is not a dynamic system in terms of the implementation of legal consequences arising from these obligations.International space law, comprising of primary and secondary norms, is an emerging branches of international law system. By examining this legal system, it can be inferred that some principles and rules of international space law enjoy the highest rank in the substantive hierarchy of international law norms. The main reason for this is that these principles and rules, by their very nature, protect the fundamental values of international community. Thus, the main question to be answered is as follows: has the concept of jus cogens entered international space law and, if so, which principles and rules of this legal system have acquired this feature? This paper hypothesizes that the international space law system consists of peremptory norms which are non-derogable. Using the methodology of the ILC in its 2022 report on jus cogens, the said hypothesis will be confirmed. In other words, some space law rules are regarded as non-derogable norms of international law. This is grounded in widespread international practice, opinio juris of states and legal scholarship. It appears, however, that international space law is not a dynamic system in terms of the implementation of legal consequences arising from these obligations.https://jplsq.ut.ac.ir/article_106692_25013d39cd1345ccc158d8742d73d527.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321Evaluation the relation between Shari'a and the Constitution in the opinions of the Guardian Council based on the distinction of "Shari'a Review" and "Constitutional Review"Evaluation the relation between Shari'a and the Constitution in the opinions of the Guardian Council based on the distinction of "Shari'a Review" and "Constitutional Review"1771999940810.22059/jplsq.2024.367564.3426FAMohammadrezaAsghari ShoorestaniAssistant Professor, University of Judicial Sciences and Administrative Services, Tehran, Iran0000-0002-8598-9764AhmadFarshadianPh.D. Student in Public Law, Department of Public and International Law, Faculty of Law and Political Science, Allame Tabatabai University, Tehran, Iran0009-0000-1645-4929Journal Article20231104This article seeks to evaluate the relationship between inconsistencies in the legislation with Shari'a and inconsistencies in the legislation with the Constitution in the opinions of the Constitutional Council. For this Purpose, this Study reviews some of the opinions of this Council. The legal system of the Islamic Republic of Iran is organized on the basis of Shari'a, and on this basis, it is necessary that laws and regulations conform to Shari'a standards or at a minimum not contradict them. This task has been assigned to the Constitutional Council. Based on the two mentioned duties, this institution can be considered to be a combination of two bodies: the Shari'a Review Body and the Constitutional Review Body. On the other hand, although the Shari'a has supremacy over the legislative process, it does not necessarily mean that inconsistencies in the legislation with the Costitutional automatically translate into inconsistencies in the legislation with Shari'a and as a result, the discussion of the relationship between Shari’a, and the law remains one of the fundamental issues of the legal system of the Islamic Republic of Iran. The question which now presents itself is that what is the relationship between inconsistencies in the legislation with Shari'a and inconsistencies in the legislation with the Constitution in thr practice of the Guardian council? The present research aims to clarify the Constitutional Council’s point of view in the regard by examining several comments from the council.This article seeks to evaluate the relationship between inconsistencies in the legislation with Shari'a and inconsistencies in the legislation with the Constitution in the opinions of the Constitutional Council. For this Purpose, this Study reviews some of the opinions of this Council. The legal system of the Islamic Republic of Iran is organized on the basis of Shari'a, and on this basis, it is necessary that laws and regulations conform to Shari'a standards or at a minimum not contradict them. This task has been assigned to the Constitutional Council. Based on the two mentioned duties, this institution can be considered to be a combination of two bodies: the Shari'a Review Body and the Constitutional Review Body. On the other hand, although the Shari'a has supremacy over the legislative process, it does not necessarily mean that inconsistencies in the legislation with the Costitutional automatically translate into inconsistencies in the legislation with Shari'a and as a result, the discussion of the relationship between Shari’a, and the law remains one of the fundamental issues of the legal system of the Islamic Republic of Iran. The question which now presents itself is that what is the relationship between inconsistencies in the legislation with Shari'a and inconsistencies in the legislation with the Constitution in thr practice of the Guardian council? The present research aims to clarify the Constitutional Council’s point of view in the regard by examining several comments from the council.https://jplsq.ut.ac.ir/article_99408_f38bf2b27605fe2d1c94403e47d607f7.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321Delaying to File a Lawsuit and its Reflection in the Arbitration Award of the "Orazul v. Argentina" Case (2023)Delaying to File a Lawsuit and its Reflection in the Arbitration Award of the "Orazul v. Argentina" Case (2023)20122310663210.22059/jplsq.2025.376354.3532FAMohammadRazaviradAssistant Prof., Department of Law, Faculty of Humanities, Qaemshahr Branch, Islamic Azad University, Qaemshahr, Iran0000-0002-4235-3774SarehNazemiPh.D. Student in International Trade and Investment Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran0009-0001-5782-0523Journal Article20240511Delay in filling a lawsuit as an obstacle to admissibility of claims has a wider scope than the usual "prescription-period rule" which limits the time for asserting a claim. In such a way that even if "prescription period " clause is not foreseen in the treaties or international trade contracts or the law governing such instruments, it can prevent the admissibility of the case before the competent authority. This paper seeks to answer the question of whether the issue in question has a solid legal basis that allows it to be used in similar cases, while examining the nature and principles and doctrine governing this issue and the related judicial procedures, and especially its reflection in the arbitral award in the case of "orazul v. Argentina" case (2023) before the ICSID. The review of the existing doctrine and judicial procedure, while answering this question in the affirmative, also considers it compatible with justice.Delay in filling a lawsuit as an obstacle to admissibility of claims has a wider scope than the usual "prescription-period rule" which limits the time for asserting a claim. In such a way that even if "prescription period " clause is not foreseen in the treaties or international trade contracts or the law governing such instruments, it can prevent the admissibility of the case before the competent authority. This paper seeks to answer the question of whether the issue in question has a solid legal basis that allows it to be used in similar cases, while examining the nature and principles and doctrine governing this issue and the related judicial procedures, and especially its reflection in the arbitral award in the case of "orazul v. Argentina" case (2023) before the ICSID. The review of the existing doctrine and judicial procedure, while answering this question in the affirmative, also considers it compatible with justice.https://jplsq.ut.ac.ir/article_106632_d426e5b52309d39d691af9aaf6ce5113.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321Effects of Soft Law in the Field of Climate ChangeEffects of Soft Law in the Field of Climate Change22525010592610.22059/jplsq.2024.374661.3510FAMohsenAbdollahiAssociate Professor of Public International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran0000-0003-1929-2587Seyed SajjadHosseini DamiriPhD student in Public International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran0009-0000-1703-9655Journal Article20240416Scientific evidence shows that global warming and climate change are real and alarming phenomena that have been intensified by human activities. Climate change is a global challenge that cannot be solved by any single country alone, and addressing this phenomenon requires the cooperation and commitment of countries through international law regimes, both hard and soft. Due to the rapid changes and dynamics of the climate change phenomenon, hard law is often unable to provide comprehensive and complete responses, and soft law can serve as a complement to fill legal gaps and offer new solutions to combat this phenomenon. The binding commitments related to climate change, including the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement, are influenced by soft law in their formation and implementation. Soft law facilitates international cooperation in the field of climate change, increases public awareness of the risks of climate change and the need for action, and provides flexible and adaptable solutions with national sovereignty that create a basis for concluding an agreement and implementing legal rules and norms among independent states with different and conflicting interests.Scientific evidence shows that global warming and climate change are real and alarming phenomena that have been intensified by human activities. Climate change is a global challenge that cannot be solved by any single country alone, and addressing this phenomenon requires the cooperation and commitment of countries through international law regimes, both hard and soft. Due to the rapid changes and dynamics of the climate change phenomenon, hard law is often unable to provide comprehensive and complete responses, and soft law can serve as a complement to fill legal gaps and offer new solutions to combat this phenomenon. The binding commitments related to climate change, including the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement, are influenced by soft law in their formation and implementation. Soft law facilitates international cooperation in the field of climate change, increases public awareness of the risks of climate change and the need for action, and provides flexible and adaptable solutions with national sovereignty that create a basis for concluding an agreement and implementing legal rules and norms among independent states with different and conflicting interests.https://jplsq.ut.ac.ir/article_105926_7104e0d7a3cbf11a6489f3595e1533b4.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321The Oversight Role of Majlis in the Context of the Evolution of the “Commission on the 90th Principle”The Oversight Role of Majlis in the Context of the Evolution of the “Commission on the 90th Principle”25127710564310.22059/jplsq.2024.373867.3502FAMohammadMansouri BoroujeniAssistant Prof., Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran0000-0001-6846-4141Journal Article20240423Background: The implementation of one’s resolve is the purest form of exercising power, and it is a concern for every politician to implement their will. Thus, members of the parliament are motivated to request extraordinary powers or status such as organizational independence, financial independence, and judicial jurisdiction to be granted to “the Commission on the 90th Principle”, as this institution is one of the means of implementing the parliament’s resolve and will.Method: Using the framework of historical institutionalism, this article examines the current situation and assesses the future prospects of the Commission. In addition to analyzing its institutional characteristics, we examine the political environment of the Commission to illustrate how the Commission has been placed in a new political environment that hinders its institutional growth.Goal: By describing the environmental and endogenous factors of the Commission’s evolution, we aim to provide an explanation about the current state of this institution and its possible future prospects.Results: Based on the research results, the life of the Commission after the Islamic Revolution has been divided into three periods: “Unobstructed Progress (1980-1985)”; “Resistance and Limited Progress (1985-1987)”; and “Balance (1987 to present)”.Conclusion: The Commission had reached its maximum growth at the beginning of the third period, and without a fundamental change in the current balance of power, efforts to improve its position cannot be expected to yield results.Background: The implementation of one’s resolve is the purest form of exercising power, and it is a concern for every politician to implement their will. Thus, members of the parliament are motivated to request extraordinary powers or status such as organizational independence, financial independence, and judicial jurisdiction to be granted to “the Commission on the 90th Principle”, as this institution is one of the means of implementing the parliament’s resolve and will.Method: Using the framework of historical institutionalism, this article examines the current situation and assesses the future prospects of the Commission. In addition to analyzing its institutional characteristics, we examine the political environment of the Commission to illustrate how the Commission has been placed in a new political environment that hinders its institutional growth.Goal: By describing the environmental and endogenous factors of the Commission’s evolution, we aim to provide an explanation about the current state of this institution and its possible future prospects.Results: Based on the research results, the life of the Commission after the Islamic Revolution has been divided into three periods: “Unobstructed Progress (1980-1985)”; “Resistance and Limited Progress (1985-1987)”; and “Balance (1987 to present)”.Conclusion: The Commission had reached its maximum growth at the beginning of the third period, and without a fundamental change in the current balance of power, efforts to improve its position cannot be expected to yield results.https://jplsq.ut.ac.ir/article_105643_2b6ae6b0d41e8d863c9e7bd08f106328.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321Developments and Innovations of the Administrative Dispute Resolution System in the United NationsDevelopments and Innovations of the Administrative Dispute Resolution System in the United Nations27930610567110.22059/jplsq.2025.386576.3645FAAminValizadehPhD Student in Public International Law, Department of International and Public Law, Faculty of Law and Political Science, Islamic Azad University, Kermanshah, Iran0009-0009-1960-5564MehdiHatamiAssociate Professor, Department of Law, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran0000-0002-1965-6312FaridAzadbakhtAssistant Prof., Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran0000-0002-1393-1969Journal Article20241223In the League of Nations, an institution called the Administrative Tribunal was established to resolve disputes between staff and the organization. However, this tribunal was not immediately replicated with the creation of the United Nations. In the UN system, after extensive discussions in 1949, the United Nations Administrative Tribunal was created based on a resolution by the General Assembly to address disputes between staff and the organization. However, the Tribunal was unable to meet the expectations and administrative needs of employees, which were the root causes of these disputes. Ultimately, the General Assembly established the United Nations Dispute Tribunal and the Appeals Tribunal through resolution 253/63 in 2008, replacing the previous Administrative Tribunal. The new United Nations administrative justice system has been developed within the framework of organizational structural reform. This article examines the evolution of the administrative dispute resolution structure within the United Nations system from the onset of reforms to the present day and highlights innovations in the internal justice system that have emerged following these reforms.In the League of Nations, an institution called the Administrative Tribunal was established to resolve disputes between staff and the organization. However, this tribunal was not immediately replicated with the creation of the United Nations. In the UN system, after extensive discussions in 1949, the United Nations Administrative Tribunal was created based on a resolution by the General Assembly to address disputes between staff and the organization. However, the Tribunal was unable to meet the expectations and administrative needs of employees, which were the root causes of these disputes. Ultimately, the General Assembly established the United Nations Dispute Tribunal and the Appeals Tribunal through resolution 253/63 in 2008, replacing the previous Administrative Tribunal. The new United Nations administrative justice system has been developed within the framework of organizational structural reform. This article examines the evolution of the administrative dispute resolution structure within the United Nations system from the onset of reforms to the present day and highlights innovations in the internal justice system that have emerged following these reforms.https://jplsq.ut.ac.ir/article_105671_2d381a926508dbd8116e04d5ebc400f4.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321Principles and Rules of Conduct Governing the Performance Audit by the UK National Audit OfficePrinciples and Rules of Conduct Governing the Performance Audit by the UK National Audit Office30734010609510.22059/jplsq.2025.375760.3521FAAyatMulaeeAssociate Professor of Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran0000-0001-7084-1890FarshidBandehaliPh.D student in Public Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran0000-0002-0344-370XJournal Article20240501The National Audit Office of the United Kingdom is a supervisory body which, from a perspective of its functional role, presents a seemingly similar image as other financial supervisory bodies in the Western world, such as the French Court of Auditors. However, contrary to these perceptions, its main activity is not to question the policies and executive programs of the government vis-à-vis the law. Rather, its function is a professional and administrative adjudication on how to preserve the value of public funds. This adjudication is entitled "performance auditing", which provides the necessary insight into the more effective management of taxpayers' money by providing facts about emerging issues in public spending. Therefore, assuming these differences, the present study, whose data was collected through a library and descriptive-analytical research, aims to answer the question: what are the fundamental principles and requirements, based on the behavioral rules of the government’s governance, around which the performance audits conducted by the National Audit Office of the United Kingdom are formed? The results of the present paper show that; these principles and foundations, despite their verbal commonality in all financial control systems, reveal a specific approach to the process of monitoring the public budget of a centralized government system based on credit creation through the protection and development of the interests of the multitude of macroeconomic investors, without which the implementation and monitoring of the budget itself will become a place for political conflicts and disputes.The National Audit Office of the United Kingdom is a supervisory body which, from a perspective of its functional role, presents a seemingly similar image as other financial supervisory bodies in the Western world, such as the French Court of Auditors. However, contrary to these perceptions, its main activity is not to question the policies and executive programs of the government vis-à-vis the law. Rather, its function is a professional and administrative adjudication on how to preserve the value of public funds. This adjudication is entitled "performance auditing", which provides the necessary insight into the more effective management of taxpayers' money by providing facts about emerging issues in public spending. Therefore, assuming these differences, the present study, whose data was collected through a library and descriptive-analytical research, aims to answer the question: what are the fundamental principles and requirements, based on the behavioral rules of the government’s governance, around which the performance audits conducted by the National Audit Office of the United Kingdom are formed? The results of the present paper show that; these principles and foundations, despite their verbal commonality in all financial control systems, reveal a specific approach to the process of monitoring the public budget of a centralized government system based on credit creation through the protection and development of the interests of the multitude of macroeconomic investors, without which the implementation and monitoring of the budget itself will become a place for political conflicts and disputes.https://jplsq.ut.ac.ir/article_106095_25ae62461e5f3a1ff9a7c6f6c6af0ff0.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321The Role of Fact-finding Committees in the Implementation of Human Rights StandardsThe Role of Fact-finding Committees in the Implementation of Human Rights Standards34136410592710.22059/jplsq.2024.375532.3518FAMohammadShamei; Ph.D. in Public Law, Faculty of Law and Political Science, Islamic Azad University Of Research Sciences, Isfahan, Iran0009-0007-3237-3978MohammadShahanaghiMA. in Criminal Law and Criminology, Faculty of Law and Political Science, Islamic Azad University of Electronic Unit, Tehran, Iran0000-0002-7696-7571AmenehZiaeePh.D. Student in International Law, Faculty of Law and Political Science, Payam Noor University, Baku Unit, Azerbaijan, Iran0009-0006-1948-7594Journal Article20240423The fact-finding committee, as one of the mandated institutions of the United Nations in recent years, has played a vital role in revealing the realities related to violence, and crimes of political and military nature. The role of this committee, as judicial officials in the general sense, is not limited to the collection of "court facts”. Its role is also directed to the examination of "reconciliation facts" and "narrative facts". Therefore, the focus on the mentioned areas shows the role of this institution in creating global peace and security. Nevertheless, if the goal of the fact-finding committee is the lasting resolution of disputes and the prevention of disputes from starting again, it is necessary to pay attention to other aspects of the facts related to violence and crimes in addition to the "pathological truth". In this study, the authors analyze this issue by looking at the role and work of the fact-finding committee with special reference to human rights issues. Attention has also been paid to the potential capacities of this committee and the limitations and obstacles to their effective performance in establishing peace and international criminal justice.The fact-finding committee, as one of the mandated institutions of the United Nations in recent years, has played a vital role in revealing the realities related to violence, and crimes of political and military nature. The role of this committee, as judicial officials in the general sense, is not limited to the collection of "court facts”. Its role is also directed to the examination of "reconciliation facts" and "narrative facts". Therefore, the focus on the mentioned areas shows the role of this institution in creating global peace and security. Nevertheless, if the goal of the fact-finding committee is the lasting resolution of disputes and the prevention of disputes from starting again, it is necessary to pay attention to other aspects of the facts related to violence and crimes in addition to the "pathological truth". In this study, the authors analyze this issue by looking at the role and work of the fact-finding committee with special reference to human rights issues. Attention has also been paid to the potential capacities of this committee and the limitations and obstacles to their effective performance in establishing peace and international criminal justice.https://jplsq.ut.ac.ir/article_105927_4e54ac20dc3f531d0f69cd3ef5cda94c.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321Analysis of Legal Proceedings against the Media in Iran's Legal System in light of Public Law PrinciplesAnalysis of Legal Proceedings against the Media in Iran's Legal System in light of Public Law Principles36539010603210.22059/jplsq.2025.378546.3560FAMohsenEsmaeiliAssociate Prof., Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, IranSeyed AhmadHabibnezhadAssociate Prof., Department of Public and International Law, Faculty of Law, Farabi Campus, University of Tehran, IranHadisehDavoudiPh.D. Student in Public Law, Faculty of Law, Farabi Campus, University of Tehran, Tehran, Iran0000-0002-8182-7805Journal Article20240629Media activity as one of the pillars of democracy in democratic societies, is on the one hand the basis for realizing citizens' access to information, and on the other hand may also involve violation of rights and freedoms. Therefore, legal proceedings against the media should have both the components of legal proceedings as well as pay attention to the responsibility of the media to transmit information and monitor the government. Using library research and interviews with experts, the current research examines structural flaws of the judicial system in dealing with claims against the media. These flaws include the public nature of the proceedings and the tendency to view such proceeding through the lens of criminal law; A view that ignores the responsibility of the media for the free flow of information and treats it like a criminal. Also, the legal requirement for the presence of a jury during the trial and the supervision of the union, which were supposed to help guarantee the rights of the defendants in these cases, have been gradually forgotten and have become a tool to impose more restrictions on the media. As a result, legal proceedings against the media in Iran require a review that would result in the following: expert judges with knowledge of the mission of the media should handle these lawsuits; the opinion of the jury, as an institution that must adjudicate between freedom and power, should be effective in the proceedings; and the role of the government, as an institution that is challenged by free speech, should be minimized in the proceedings.Media activity as one of the pillars of democracy in democratic societies, is on the one hand the basis for realizing citizens' access to information, and on the other hand may also involve violation of rights and freedoms. Therefore, legal proceedings against the media should have both the components of legal proceedings as well as pay attention to the responsibility of the media to transmit information and monitor the government. Using library research and interviews with experts, the current research examines structural flaws of the judicial system in dealing with claims against the media. These flaws include the public nature of the proceedings and the tendency to view such proceeding through the lens of criminal law; A view that ignores the responsibility of the media for the free flow of information and treats it like a criminal. Also, the legal requirement for the presence of a jury during the trial and the supervision of the union, which were supposed to help guarantee the rights of the defendants in these cases, have been gradually forgotten and have become a tool to impose more restrictions on the media. As a result, legal proceedings against the media in Iran require a review that would result in the following: expert judges with knowledge of the mission of the media should handle these lawsuits; the opinion of the jury, as an institution that must adjudicate between freedom and power, should be effective in the proceedings; and the role of the government, as an institution that is challenged by free speech, should be minimized in the proceedings.https://jplsq.ut.ac.ir/article_106032_d9608aeeae7903134f236ba81615b609.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321A Comparative Study of the Position of Reason in Islam and the Martens Condition in International Humanitarian LawA Comparative Study of the Position of Reason in Islam and the Martens Condition in International Humanitarian Law39142010564910.22059/jplsq.2025.372414.3482FAMeisamNorouziAssistant Prof in public of international law, Department of law, Faculty of humanities, Bu-Ali Sina University, Hamadan, Iran0000-0001-7742-3480FatemehKaramiPhD student in Public International Law, Faculty of Humanities, Hamedan Branch of Islamic Azad University, Hamedan, Iran0009-0003-7693-028XJournal Article20240313Reason, as one of the most obvious features that separates mankind from animals, has always had a special place in humankind’s existence and has been placed as a source in Islamic international law. Martens clause is also accepted as a customary rule in international humanitarian law in the preamble of the Hague Peace Conventions of 1899 and 1907. The present study aims to investigate the place of reason in Islamic international law and the Martens clause in humanitarian international law with a descriptive-analytical method. Even though reason has been introduced as one of the sources of deriving Shari’a rulings, the type of its application is disputed (and remains a controversial topic between the school of natural law and the school of positivism). Martens' quote has also taken a step towards identifying principles of humanity that are based on the voice of the general conscience of mankind. The results of this research indicates that the two concepts of reason and Martens' clause are in the same position in terms of being referenced in international law and are considered as customary rules that are cited both in Islam and in international humanitarian law.Reason, as one of the most obvious features that separates mankind from animals, has always had a special place in humankind’s existence and has been placed as a source in Islamic international law. Martens clause is also accepted as a customary rule in international humanitarian law in the preamble of the Hague Peace Conventions of 1899 and 1907. The present study aims to investigate the place of reason in Islamic international law and the Martens clause in humanitarian international law with a descriptive-analytical method. Even though reason has been introduced as one of the sources of deriving Shari’a rulings, the type of its application is disputed (and remains a controversial topic between the school of natural law and the school of positivism). Martens' quote has also taken a step towards identifying principles of humanity that are based on the voice of the general conscience of mankind. The results of this research indicates that the two concepts of reason and Martens' clause are in the same position in terms of being referenced in international law and are considered as customary rules that are cited both in Islam and in international humanitarian law.https://jplsq.ut.ac.ir/article_105649_b73ff7f084a69c536145f19824d7283e.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321Evaluation of Articles 16 and 17 of the Act on “Removing Barriers to Competitive Production” Based on the Method of “Regulatory Impact Assessment”Evaluation of Articles 16 and 17 of the Act on “Removing Barriers to Competitive Production” Based on the Method of “Regulatory Impact Assessment”42144510501910.22059/jplsq.2025.389722.3683FASeyed AmirhoseinSeyediDeputy of Banking Law think thank & PhD student in public law at Imam Sadiq University (AS), Tehran, Iran0000-0002-9880-7624Seyed Mohammad MahdiGhamamiAssociate Prof. Department of Public Law at Islamic Studies and Law Faculty at Imam Sadiq University (AS), Tehran, Iran0000-0002-7730-8834Journal Article20250214Despite the institutional design of banks as vehicles for monetary operations within national and international economic frameworks, factors such as negative real interest rates have driven them toward alternative profit-generating practices. These practices, commonly termed in legal-economic contexts as "business ownership," "commercial investments," or "banking-related legal partnerships," have proliferated. While this systemic issue has become markedly prevalent in Iran, the legislature, in a delayed response, initially enacted Articles 16 and 17 of the Act on Removing Obstacles to Competitive Production. However, nearly a decade after their adoption, these provisions have not only failed to resolve the problem of banks’ commercial engagements but have also led to stricter regulatory measures under Article 8 of the Seventh Development Plan Law. The research hypothesizes is that Articles 16 and 17 of the aforementioned law have inadequately regulated banks’ commercial activities due to critical legislative flaws, including deficient legislative understanding of the issue’s complexity, ineffective legal drafting (e.g., ambiguous terminology, lack of coherence, perpetually exploitable exceptions, absence of illustrative case examples), unverifiable provisions, and lax regulatory standards that conflict with legislative objectives, compounded by institutional conflicts of interest. To validate this hypothesis, the authors employ a descriptive-analytical methodology to define the scope and multidimensional nature of banks’ commercial activities and retrospectively assess the law’s impact during the post-implementation phase. The analysis reveals that Articles 16 and 17 adopt an excessively prohibitive approach toward banks’ commercial engagements, failing to establish a framework for effective regulation. This conclusively corroborates the hypothesis that structural deficiencies in legislative design and implementation have rendered these provisions ineffective.Despite the institutional design of banks as vehicles for monetary operations within national and international economic frameworks, factors such as negative real interest rates have driven them toward alternative profit-generating practices. These practices, commonly termed in legal-economic contexts as "business ownership," "commercial investments," or "banking-related legal partnerships," have proliferated. While this systemic issue has become markedly prevalent in Iran, the legislature, in a delayed response, initially enacted Articles 16 and 17 of the Act on Removing Obstacles to Competitive Production. However, nearly a decade after their adoption, these provisions have not only failed to resolve the problem of banks’ commercial engagements but have also led to stricter regulatory measures under Article 8 of the Seventh Development Plan Law. The research hypothesizes is that Articles 16 and 17 of the aforementioned law have inadequately regulated banks’ commercial activities due to critical legislative flaws, including deficient legislative understanding of the issue’s complexity, ineffective legal drafting (e.g., ambiguous terminology, lack of coherence, perpetually exploitable exceptions, absence of illustrative case examples), unverifiable provisions, and lax regulatory standards that conflict with legislative objectives, compounded by institutional conflicts of interest. To validate this hypothesis, the authors employ a descriptive-analytical methodology to define the scope and multidimensional nature of banks’ commercial activities and retrospectively assess the law’s impact during the post-implementation phase. The analysis reveals that Articles 16 and 17 adopt an excessively prohibitive approach toward banks’ commercial engagements, failing to establish a framework for effective regulation. This conclusively corroborates the hypothesis that structural deficiencies in legislative design and implementation have rendered these provisions ineffective.https://jplsq.ut.ac.ir/article_105019_19d4cf1eeb201cf59cd226e6f59cc513.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321Legal Status of Remote Operator of MASS in International Documents and the Iranian Maritime LawLegal Status of Remote Operator of MASS in International Documents and the Iranian Maritime Law44746810668710.22059/jplsq.2025.374754.3509FAFaridehShabaniPh.D in Oil and Gas Law, Faculty of Law & Political Science, University of Tehran, Tehran, Iran0000-0002-0698-8959Journal Article20240412The development of Maritime Autonomous Surface Ship (MASS) has shifted the decision-making process into a new center and emergence of new persons such as the remote operator (RO) in the maritime industry. The significant issue is whether we can identify RO as a master and/or a crew member of the ship. There are different provisions in international instruments in this respect which this paper attempts to study based on descriptive-analytical method. It is argued that in terms of both international conventions and the Iranian Maritime Code, the identification of RO as the new actor could be in line with those provisions. The new actor could be considered as an employee in shore-based center or as a service provider to MASS. Therefore, it is required to enact comprehensive and integrated laws and regulations. However, in the transition period and up to the development of efficient and proper laws and regulations, there is no option except for filling this gap by applying the provisions of existing conventions, particularly goal-based ones, pertaining to master or crew. However, it is required that the proper legal framework in the form of a comprehensive international instrument for MASS and legal status, duties, and liabilities of RO to be developed.The development of Maritime Autonomous Surface Ship (MASS) has shifted the decision-making process into a new center and emergence of new persons such as the remote operator (RO) in the maritime industry. The significant issue is whether we can identify RO as a master and/or a crew member of the ship. There are different provisions in international instruments in this respect which this paper attempts to study based on descriptive-analytical method. It is argued that in terms of both international conventions and the Iranian Maritime Code, the identification of RO as the new actor could be in line with those provisions. The new actor could be considered as an employee in shore-based center or as a service provider to MASS. Therefore, it is required to enact comprehensive and integrated laws and regulations. However, in the transition period and up to the development of efficient and proper laws and regulations, there is no option except for filling this gap by applying the provisions of existing conventions, particularly goal-based ones, pertaining to master or crew. However, it is required that the proper legal framework in the form of a comprehensive international instrument for MASS and legal status, duties, and liabilities of RO to be developed.https://jplsq.ut.ac.ir/article_106687_4d33ca33f68bc6abec3b557f67c7552e.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321The Role of the Theory of Common Sense in the Realization of Financial Rights and People’s Ownership Rights over Natural Resources of Oil and GasThe Role of the Theory of Common Sense in the Realization of Financial Rights and People’s Ownership Rights over Natural Resources of Oil and Gas46949310416510.22059/jplsq.2025.370987.3468FAAlirezaMohammadiPh.D. Student in Public Law, North Tehran Branch, Islamic Azad University, Tehran, Iran0000-0001-7987-8411MohammadSaber RadAssistant Prof. Department of International Law, North Tehran Branch, Islamic Azad University, Tehran, Iran0000-0002-4210-4575EhsanAgha MohammadaghaeeAssistant Prof. Department of Public Law, North Tehran Branch, Islamic Azad University, Tehran, Iran0000-0001-7694-1016Journal Article20240114Common sense is defined as awareness, collective wisdom and a populace informed of their rights in a society based on democracy and the constitution. In this theory, the principle is the recognition by the government of the right of people to own natural resources of oil and gas and not to encroach or violate this right. For the full realization of people’s rights, it is essential to use the advantages of the country, including its geographical location, its strategic reserves of oil and gas, its cheap labor, as well as removing the existing obstacles preventing the realization people’s rights through amendment to the laws, efficient management of the industry and of its revenues. Common sense affirms the necessity of monitoring, transparency and accountability of those responsible regarding their decisions and performance. Common sense also reaffirms the need for responsibility towards public interest and common good as indicators for the realization of good governance and for our country to reach a top position in the region. The main question of this paper is what is the evaluation of the performance record of the authorities regarding the realization of the financial rights of the people in oil and gas natural resources from the perspective of public reason? The actions of the authorities indicate some shortcomings and discrepancies when it comes to the right of ownership and the realization of the financial rights of the people in oil and gas resources, which have been examined in a descriptive and analytical way.Common sense is defined as awareness, collective wisdom and a populace informed of their rights in a society based on democracy and the constitution. In this theory, the principle is the recognition by the government of the right of people to own natural resources of oil and gas and not to encroach or violate this right. For the full realization of people’s rights, it is essential to use the advantages of the country, including its geographical location, its strategic reserves of oil and gas, its cheap labor, as well as removing the existing obstacles preventing the realization people’s rights through amendment to the laws, efficient management of the industry and of its revenues. Common sense affirms the necessity of monitoring, transparency and accountability of those responsible regarding their decisions and performance. Common sense also reaffirms the need for responsibility towards public interest and common good as indicators for the realization of good governance and for our country to reach a top position in the region. The main question of this paper is what is the evaluation of the performance record of the authorities regarding the realization of the financial rights of the people in oil and gas natural resources from the perspective of public reason? The actions of the authorities indicate some shortcomings and discrepancies when it comes to the right of ownership and the realization of the financial rights of the people in oil and gas resources, which have been examined in a descriptive and analytical way.https://jplsq.ut.ac.ir/article_104165_a71025c29ea18daf6ff4daca06d93cd4.pdfUniversity of TehranPublic Law Studies Quarterly2423-812056120260321The Constitutional-Law Challenge of Membership in International Groups: A Case Study of Iran's Membership in BRICSThe Constitutional-Law Challenge of Membership in International Groups: A Case Study of Iran's Membership in BRICS49551810602210.22059/jplsq.2025.382656.3607FAMohammad SalehTaskhiriAssistant Professor, Department of International Law, Faculty of Law, University of Qom, Qom, Iran.0009-0009-6768-6223Journal Article20240921The international developments over the past century have led to the emergence of various inter-governmental institutions regulating international relations. "Intergovernmental international groups" (IGGs) are among such international institutions, which have become a platform for states to converge and achieve common goals and address shared concerns. Based on the principles of the Iranian Constitution and its interpretation, Iran’s membership in international institutions is subject to ratification by the Islamic Consultative Assembly (the parliament). Since Iran’s membership in BRICS was announced without the parliament’s ratification, this study seeks to answer the question of whether Iran’s membership in the BRICS group without parliamentary ratification is unconstitutional. By examining the nature of IGGs, the paper evaluates a specific category of IGGs as the evolution of inter-governmental organizations, which in nature do not differ from current international organizations. The findings of the paper show that, based on "existing constitutional customs and practices", "the essential requirement for parliamentary approval of the consequences of BRICS membership", "the nature of this group's actions" and "the legislative history of membership in IGGs", Iran's membership, from the perspective of constitutional rules and based on the logic of international law, requires ratification by parliamentThe international developments over the past century have led to the emergence of various inter-governmental institutions regulating international relations. "Intergovernmental international groups" (IGGs) are among such international institutions, which have become a platform for states to converge and achieve common goals and address shared concerns. Based on the principles of the Iranian Constitution and its interpretation, Iran’s membership in international institutions is subject to ratification by the Islamic Consultative Assembly (the parliament). Since Iran’s membership in BRICS was announced without the parliament’s ratification, this study seeks to answer the question of whether Iran’s membership in the BRICS group without parliamentary ratification is unconstitutional. By examining the nature of IGGs, the paper evaluates a specific category of IGGs as the evolution of inter-governmental organizations, which in nature do not differ from current international organizations. The findings of the paper show that, based on "existing constitutional customs and practices", "the essential requirement for parliamentary approval of the consequences of BRICS membership", "the nature of this group's actions" and "the legislative history of membership in IGGs", Iran's membership, from the perspective of constitutional rules and based on the logic of international law, requires ratification by parliamenthttps://jplsq.ut.ac.ir/article_106022_f0b1d72b511096754573807aee23df25.pdf