Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 Protection of the Children's Rights within the Framework of the United Nations Peacebuilding Commission Protection of the Children's Rights within the Framework of the United Nations Peacebuilding Commission 1287 1306 77175 10.22059/jplsq.2019.272257.1890 FA Zohreh Shafiee MA. in International Law,, Department of Public and International Law, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran 0000-0003-4712-5655 Pouria Askary Assistant Prof., Department of Public and International Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran 0000-0002-7054-3049 Journal Article 2018 12 25 The importance of respecting children's rights in peace-building processes to achieve a sustainable peace raises the question of whether the UN Peacebuilding Commission, as the responsible organ for peace-building affairs of the UN, has taken into account children' rights and the key role of this issue in the realization of peace? The purpose of this study is to clarify the need to pay more attention to children's rights in peace-building processes. The article has dealt with the presentation of a reasonable relationship between these two variables by utilizing previous studies and several United Nations reports and has analyzed the reports to investigate the commission performance. The data analysis indicates the attention of commission to some of the children’s rights. Of course, this attention is not due to considering the violation of children's rights as one of the causes of conflict, but because of the widespread effects of the conflict on them. The importance of respecting children's rights in peace-building processes to achieve a sustainable peace raises the question of whether the UN Peacebuilding Commission, as the responsible organ for peace-building affairs of the UN, has taken into account children' rights and the key role of this issue in the realization of peace? The purpose of this study is to clarify the need to pay more attention to children's rights in peace-building processes. The article has dealt with the presentation of a reasonable relationship between these two variables by utilizing previous studies and several United Nations reports and has analyzed the reports to investigate the commission performance. The data analysis indicates the attention of commission to some of the children’s rights. Of course, this attention is not due to considering the violation of children's rights as one of the causes of conflict, but because of the widespread effects of the conflict on them.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 27 Legal Requirements of the Resistive Economy in the "Legislative Phase" with the emphasis on Principle 44 of the Constitution Legal Requirements of the Resistive Economy in the "Legislative Phase" with the emphasis on Principle 44 of the Constitution 1307 1329 76188 10.22059/jplsq.2019.269081.1852 FA Kiamrs Jahangir Assistant Prof., Faculty of Law and Political Science, University of Tehran, Tehran, Iran 0000000314212592 Vali Rostami Associate Prof., Faculty of Law and Political Science, University of Tehran, Tehran, Iran Bahaddin Tari Ph.D. Student in Public Law, ,University of Twhran Aras International Campus Journal Article 2018 11 29 The resistive economy has been noticed as a fundamental strategy to change the economy movement of the country by the Supreme Leader of the Revolution. Imposing unlawful unilateral sanctions in order to put pressure on the Islamic Revolution which has imposed restrictions on the country's economic development, on the one hand, and the necessity to integrate and relationship between the general policies of the resistive economy and the specialized areas of public law in order to achieve social and economic growth and justice, welfare and dynamism based on production and employment on the other hand, clarify the necessity of investigating the legal requirements of the resistive economy. The research question is that what are the legal requirements of the legislative phase of resistive economy? In answer to this question, the research findings, which have been done in a descriptive-analytical manner, indicate that the legal requirements of the resistive economy in the legislative phase are the adoption of effective, transparent, coherent and revised laws that make the necessary efficiency in order to enable the creation of public relations between the authorities and the public as a key solution for the implementation of a resistive economy and legal requirements. The resistive economy has been noticed as a fundamental strategy to change the economy movement of the country by the Supreme Leader of the Revolution. Imposing unlawful unilateral sanctions in order to put pressure on the Islamic Revolution which has imposed restrictions on the country's economic development, on the one hand, and the necessity to integrate and relationship between the general policies of the resistive economy and the specialized areas of public law in order to achieve social and economic growth and justice, welfare and dynamism based on production and employment on the other hand, clarify the necessity of investigating the legal requirements of the resistive economy. The research question is that what are the legal requirements of the legislative phase of resistive economy? In answer to this question, the research findings, which have been done in a descriptive-analytical manner, indicate that the legal requirements of the resistive economy in the legislative phase are the adoption of effective, transparent, coherent and revised laws that make the necessary efficiency in order to enable the creation of public relations between the authorities and the public as a key solution for the implementation of a resistive economy and legal requirements.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 Transboundary Environmental Impact Assessment in International Environmental Law Transboundary Environmental Impact Assessment in International Environmental Law 1331 1355 76859 10.22059/jplsq.2020.299162.2355 FA Asma Salari Assistant Prof., Department of Law, Zabol University, Zabol, Iran Journal Article 2020 03 08 Environmental impact assessment is an obligation belongs to international environmental law sphere in order to protect the environment which asks States to determine the likely impacts of a proposed activity or project on the environment of another country or countries. The International Court of Justice has introduced it as a requirement under general international law in Pulp Mills case and San Juan case pursuant to ITLOS’s explicit recognition of customary status of the EIA. Jurists have different opinions on the EIA, like; the way of becoming a customary rule and especially on the content of it. Based on the descriptive-analytical methodology with the help of library sources, the present article tried to deduce the process of consolidation, customary status and content of this obligation through international judgments/awards and documents and concluded that this customary obligation establishes when there is a risk of significant adverse transboundary impact. If there is such a risk, assessment is done. So, there are three stages; the preliminary assessment measuring the possibility of transboundary harm, conducting the assessment and the post-project assessment that provides valuable information for similar subsequent activities and the validity of assessments. Environmental impact assessment is an obligation belongs to international environmental law sphere in order to protect the environment which asks States to determine the likely impacts of a proposed activity or project on the environment of another country or countries. The International Court of Justice has introduced it as a requirement under general international law in Pulp Mills case and San Juan case pursuant to ITLOS’s explicit recognition of customary status of the EIA. Jurists have different opinions on the EIA, like; the way of becoming a customary rule and especially on the content of it. Based on the descriptive-analytical methodology with the help of library sources, the present article tried to deduce the process of consolidation, customary status and content of this obligation through international judgments/awards and documents and concluded that this customary obligation establishes when there is a risk of significant adverse transboundary impact. If there is such a risk, assessment is done. So, there are three stages; the preliminary assessment measuring the possibility of transboundary harm, conducting the assessment and the post-project assessment that provides valuable information for similar subsequent activities and the validity of assessments.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 Analysis of the Scope of the Right to Demand for Real Estate Prices Located at Municipal Development Projects after Optional Implementation of Correctional Edge by the Owners Analysis of the Scope of the Right to Demand for Real Estate Prices Located at Municipal Development Projects after Optional Implementation of Correctional Edge by the Owners 1357 1377 77605 10.22059/jplsq.2019.269220.1855 FA Seyed Mohammad Sadegh Tabatabaei Associate Professor of Law, University of Isfahan, Isfahan, Iran Manouchehr Tavassoli Naeini Associate Professor of Law Department, Faculty of Administrative and Economic Sciences, University of Isfahan, Isfahan, Iran Seyed Yaser Hoseini Ph.D student in Isfahan University of Law, Isfahan University, Isfahan, Iran Journal Article 2018 11 09 Implementation of development plans, where requires the possession of the citizens' lands, sometimes encountered property owners resistance and lack of compliance with these plans that ultimately ends with the compulsion of the competent authorities and the intervention of the executed agents with duress. But sometimes owners take action on the implementation of the plan and optional retreat with discretion and willingly. In this case, the right to claim for value by him has sometimes been questioned and denied by lawyers and courts. Judicial review also shows that most of them are deprived of claim for value and proof their rights and the municipalities have taken over part of their property for free. The present study seeks to examine the reasoning grounds of this category of courts and lawyers to argue on proving the right of this category of owners. Implementation of development plans, where requires the possession of the citizens' lands, sometimes encountered property owners resistance and lack of compliance with these plans that ultimately ends with the compulsion of the competent authorities and the intervention of the executed agents with duress. But sometimes owners take action on the implementation of the plan and optional retreat with discretion and willingly. In this case, the right to claim for value by him has sometimes been questioned and denied by lawyers and courts. Judicial review also shows that most of them are deprived of claim for value and proof their rights and the municipalities have taken over part of their property for free. The present study seeks to examine the reasoning grounds of this category of courts and lawyers to argue on proving the right of this category of owners.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 09 22 States' Obligations to Create Gender Equality in Education States' Obligations to Create Gender Equality in Education 1401 1421 77597 10.22059/jplsq.2019.281639.2013 FA Maryam Seyed Hatami Ph.D. in Public International Law, Department of Public & International Law, College of Law and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran. Nasrin Mosaffa Prof., Department of International Relations, Faculty of Law and Political Science, University of Tehran, Tehran, Iran Journal Article 2019 05 19 The right to education is one of the fundamental human rights that all persons should enjoy without discrimination. This right has been emphasized in various human rights documents. Thus, gender inequality in education is explicit breach of this right. The present paper, seek to relevant human rights frameworks consisted of international treaties, reports of human rights bodies and States practices, concludes that the nature of the commitment to educational equality is de juré, that breach of this will create international responsibility for countries. These obligations do not have a negative nature, but rather direct and regulate the behavior of States in balance with their positive nature. In fact, these commitments not only overcome the barriers women face in exercising this right, but also provide the grounds for their realization and while identifying the problem of gender inequality, fights it. In all legislative and executive fields, countries committed on the creation of defined frameworks for the elimination of discrimination and guarantee the women's rights in education. The right to education is one of the fundamental human rights that all persons should enjoy without discrimination. This right has been emphasized in various human rights documents. Thus, gender inequality in education is explicit breach of this right. The present paper, seek to relevant human rights frameworks consisted of international treaties, reports of human rights bodies and States practices, concludes that the nature of the commitment to educational equality is de juré, that breach of this will create international responsibility for countries. These obligations do not have a negative nature, but rather direct and regulate the behavior of States in balance with their positive nature. In fact, these commitments not only overcome the barriers women face in exercising this right, but also provide the grounds for their realization and while identifying the problem of gender inequality, fights it. In all legislative and executive fields, countries committed on the creation of defined frameworks for the elimination of discrimination and guarantee the women's rights in education.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 From Geneva to San Remo; Developments of Humanitarian Law on Armed Conflicts at Sea From Geneva to San Remo; Developments of Humanitarian Law on Armed Conflicts at Sea 1379 1399 77601 10.22059/jplsq.2019.274813.1915 FA Seyed Ali Hosseiniazad Ph.D. Student in International Law,, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran 0000-0002-9154-1536 Mahshid Ajeli Lahiji Ph.D. Student in International Law,, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran 0000-0001-9238-810X Majid Zahmatkesh Journal Article 2019 01 27 Humanitarian laws applicable to the marine armed conflicts have not been faced with any development after 12 August 1949 through the conventional norms unlike land armed conflicts. However, some parts of the First Protocol, inter alia, the whole of its fourth part apply to the marine armed conflicts. Developments and progresses had been emerged in the context of modern technology and naval warfare have shown that the law of armed conflicts at sea need development and codification, because most of its instruments were created in the 20th century and were almost old. Through analyzing the customary norms, and some aspects of international soft law, specially The San Remo Manual, can be found that despite the absence of new conventional norms in this context, but the humanitarian law applicable on the armed conflicts at sea has had a sort of developments that most of them are about precautions in attacks, concept of the military objectives, military activities in different areas of the Sea, aircrafts and protection of marine environments. Humanitarian laws applicable to the marine armed conflicts have not been faced with any development after 12 August 1949 through the conventional norms unlike land armed conflicts. However, some parts of the First Protocol, inter alia, the whole of its fourth part apply to the marine armed conflicts. Developments and progresses had been emerged in the context of modern technology and naval warfare have shown that the law of armed conflicts at sea need development and codification, because most of its instruments were created in the 20th century and were almost old. Through analyzing the customary norms, and some aspects of international soft law, specially The San Remo Manual, can be found that despite the absence of new conventional norms in this context, but the humanitarian law applicable on the armed conflicts at sea has had a sort of developments that most of them are about precautions in attacks, concept of the military objectives, military activities in different areas of the Sea, aircrafts and protection of marine environments.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 Obstacles and Challenges in Applying Civil Liability of Government in Iran Obstacles and Challenges in Applying Civil Liability of Government in Iran 1423 1440 77173 10.22059/jplsq.2019.266420.1829 FA Ayat Mulaee Assistant Prof., Department of Law, Faculty of Law and Political Science, Tabriz University, Tabriz, Iran Journal Article 2018 09 29 The theory of civil liability of government is from the generators of democracy in the modern age which was raised in the nineteenth and twentieth century, many countries were accepted. In the paper, it has been analyzed the obstacles and challenges to the legal institution of government civil liability in the context of note 1 of article 10 of the Act on the Establishment and Procedure of the Administrative Justice Court, by using descriptive-analytical method. Briefly, the conclusion is that the main challenge is at three levels: "theoretical belief in the system of the Judiciary", "legal acts" and "the weakness of the doctrine of public law in Iran about the government civil liability as a legal institution". As a result, citizens have to go to general courts to determine the amount of damages. This situation is a clear indication of the failure of the idea of ​​civil liability of government. The theory of civil liability of government is from the generators of democracy in the modern age which was raised in the nineteenth and twentieth century, many countries were accepted. In the paper, it has been analyzed the obstacles and challenges to the legal institution of government civil liability in the context of note 1 of article 10 of the Act on the Establishment and Procedure of the Administrative Justice Court, by using descriptive-analytical method. Briefly, the conclusion is that the main challenge is at three levels: "theoretical belief in the system of the Judiciary", "legal acts" and "the weakness of the doctrine of public law in Iran about the government civil liability as a legal institution". As a result, citizens have to go to general courts to determine the amount of damages. This situation is a clear indication of the failure of the idea of ​​civil liability of government.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 09 22 The Concept of International Solidarity and its Impact on the Structure of Modern International Law The Concept of International Solidarity and its Impact on the Structure of Modern International Law 1441 1461 77595 10.22059/jplsq.2019.276075.1928 FA Abdollah Razzaghy Ph.D. Candidate in International Law, University of Tehran, Kish International Campus, Kish, Iran Farideh Shaygan Assistant Prof.,Law Department of University of Tehran, Kish International Campus, Kish, Iran Journal Article 2019 02 14 The evolution of international law led to the transition from coexistence to cooperation among independent States, but since the second half of the 20th century, a new concept emerged in some international law documents which regard international community and international law from different angle, focusing on priority of common interests and values. The study of legal rules and new international documents reflect their impact by the principle of international solidarity, such that it may be contended that the modern international law is passing through the State-centered stage to another arena, viewing the international community as a whole. The limitation of the States sovereignty in favor of the interests of the international community as a whole, including all human beings, due to the principle of solidarity, can ultimately lead to a structural transformation in the international legal system in order to prioritize the interests and values of the international community and make it objective reality. The evolution of international law led to the transition from coexistence to cooperation among independent States, but since the second half of the 20th century, a new concept emerged in some international law documents which regard international community and international law from different angle, focusing on priority of common interests and values. The study of legal rules and new international documents reflect their impact by the principle of international solidarity, such that it may be contended that the modern international law is passing through the State-centered stage to another arena, viewing the international community as a whole. The limitation of the States sovereignty in favor of the interests of the international community as a whole, including all human beings, due to the principle of solidarity, can ultimately lead to a structural transformation in the international legal system in order to prioritize the interests and values of the international community and make it objective reality.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 09 22 Supreme Council of the Cultural Revolution as an Example of Unwritten Article of Constitution Supreme Council of the Cultural Revolution as an Example of Unwritten Article of Constitution 1463 1485 77573 10.22059/jplsq.2019.256361.1724 FA Seyed Naser Soltani Assistant Prof., Department of Public Law, College of Farabi, Tehran University, Tehran, Iran Journal Article 2018 04 22 After the process of codification of the Constitution, with all its complexities of review, a number of unwritten procedures and rules are formed around each principle of the Constitution or even separately which are occasionally appeared as the conditions and bounds for the principle of the Constitution. Such rules are sometimes so prominent and superior that are able to alter the competence of the public authorities. Representing a true, precise image of constitutional system would not be possible without explaining such rules. Therefore, a methodological drawback can be indicated in the current description of the Constitution. Moreover, considering this issue is important in the sense that it can enlighten the more profound layers of the Constitution of Islamic Republic of Iran, resulting in a better recognition of this Constitution. In the present study, one of the unwritten principles of the Constitution of Islamic Republic of Iran, named Supreme Council of the Cultural Revolution, is investigated. The process of formation and development of the council is explored. The condition in which the council was established as well as the story of its setting, despite the challenges, is described. After the process of codification of the Constitution, with all its complexities of review, a number of unwritten procedures and rules are formed around each principle of the Constitution or even separately which are occasionally appeared as the conditions and bounds for the principle of the Constitution. Such rules are sometimes so prominent and superior that are able to alter the competence of the public authorities. Representing a true, precise image of constitutional system would not be possible without explaining such rules. Therefore, a methodological drawback can be indicated in the current description of the Constitution. Moreover, considering this issue is important in the sense that it can enlighten the more profound layers of the Constitution of Islamic Republic of Iran, resulting in a better recognition of this Constitution. In the present study, one of the unwritten principles of the Constitution of Islamic Republic of Iran, named Supreme Council of the Cultural Revolution, is investigated. The process of formation and development of the council is explored. The condition in which the council was established as well as the story of its setting, despite the challenges, is described.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 Cyber Espionage in International Law: Attribution of International Responsibility to States in a State of Uncertainty Cyber Espionage in International Law: Attribution of International Responsibility to States in a State of Uncertainty 1487 1503 76869 10.22059/jplsq.2020.274302.1912 FA Aramesh Shahbazi Associate Prof, Department of Public and International Law, Faculty of Law and Political Science, Allame Tabatabaii University, Tehran, Iran Aida Aghajani Ronaghi Ph.D. Student in International Law, Faculty of Law and Political Science, Allame Tabatabaii University, Tehran, Iran Journal Article 2019 01 21 The rapid advancement of technology and the unique characteristics of cyberspace have caused change in many of international law's classic concepts, and in most cases, the lack of coherent customary regimes prepared grounds for new interpretation of classic concepts. Cyber espionage is a relatively new concept in international law, and there is no agreement on legal regime governing it. Ambiguity and fear of extending principles and rules governing espionage in traditional sense, to cyberspace, which is generally the domain of soft law practice, has put international law governing this new concept in a state of uncertainty. Therefore, on one hand, the legitimacy of extraterritorial infiltration acts of States through espionage remains controversial, and on the other hand, the use of virtual instruments by States for advancing their extraterritorial infiltration into cyberspace of other States, has fueled ambiguities. The lack of specific international customary and treaty obligations in this regard paves the way for the application of general principles and rules of international law. This article seeks to elucidate the concept and scope of cyber espionage and the international responsibility arising from it, taking into account, State practice and doctrine, to answer this fundamental question that, which principles and rules of international law govern cyber espionage. The rapid advancement of technology and the unique characteristics of cyberspace have caused change in many of international law's classic concepts, and in most cases, the lack of coherent customary regimes prepared grounds for new interpretation of classic concepts. Cyber espionage is a relatively new concept in international law, and there is no agreement on legal regime governing it. Ambiguity and fear of extending principles and rules governing espionage in traditional sense, to cyberspace, which is generally the domain of soft law practice, has put international law governing this new concept in a state of uncertainty. Therefore, on one hand, the legitimacy of extraterritorial infiltration acts of States through espionage remains controversial, and on the other hand, the use of virtual instruments by States for advancing their extraterritorial infiltration into cyberspace of other States, has fueled ambiguities. The lack of specific international customary and treaty obligations in this regard paves the way for the application of general principles and rules of international law. This article seeks to elucidate the concept and scope of cyber espionage and the international responsibility arising from it, taking into account, State practice and doctrine, to answer this fundamental question that, which principles and rules of international law govern cyber espionage.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 The Jurisdiction of the ICJ on Indication of Provisional Measures: An Emphasis on Ukraine v. Russian Federation 2017 The Jurisdiction of the ICJ on Indication of Provisional Measures: An Emphasis on Ukraine v. Russian Federation 2017 1505 1524 76874 10.22059/jplsq.2019.257288.1733 FA Seyed Bagher Mirabasi Professor, Faculty of Law and Political Sciences, Department of Public and International Law, University of Tehran, Tehran, Iran Amir Famil Zavvar Jalali P.h. D Student in International Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran Journal Article 2018 05 06 Lengthening the period between bringing a claim before the ICJ and making the final decision by this entity might cause prejudice to the rights and interests of the claimant. Therefore, pursuant to Article 41 of the ICJ statute, this entity is allowed to indicate, whenever necessary, provisional measures. Considering provisional measures is often being requested by either party at the early stages of proceedings, and based on the fact that the international courts only have jurisdiction on the basis of consent, the issue of indicating provisional measures when the jurisdiction has not yet been established is open to controversy. The circumstances under which the Court decides to indicate provisional measures are also important. In this regard, it is useful to examine the Court’s approach concerning indication of provisional measures in relation to the application of the International Convention for the Suppression of the Financing of Terrorism and the International Convention on the Elimination of All Forms of Racial Discrimination in Ukraine v. Russian Federation. The investigation of the law and practice of the Court implies that merely prima facie jurisdiction suffices for the indication of provisional measures, but concerning the conditions required, the Court would apply its own criteria and strictness. Lengthening the period between bringing a claim before the ICJ and making the final decision by this entity might cause prejudice to the rights and interests of the claimant. Therefore, pursuant to Article 41 of the ICJ statute, this entity is allowed to indicate, whenever necessary, provisional measures. Considering provisional measures is often being requested by either party at the early stages of proceedings, and based on the fact that the international courts only have jurisdiction on the basis of consent, the issue of indicating provisional measures when the jurisdiction has not yet been established is open to controversy. The circumstances under which the Court decides to indicate provisional measures are also important. In this regard, it is useful to examine the Court’s approach concerning indication of provisional measures in relation to the application of the International Convention for the Suppression of the Financing of Terrorism and the International Convention on the Elimination of All Forms of Racial Discrimination in Ukraine v. Russian Federation. The investigation of the law and practice of the Court implies that merely prima facie jurisdiction suffices for the indication of provisional measures, but concerning the conditions required, the Court would apply its own criteria and strictness.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 Constitutional Court Control on Transparency of Laws Comparative Study of Iran's Guardian Council and Federal Constitutional Court of Germany Constitutional Court Control on Transparency of Laws Comparative Study of Iran's Guardian Council and Federal Constitutional Court of Germany 1525 1544 77600 10.22059/jplsq.2019.272796.1895 FA Mohammad Shahab Jalilvand Ph.D. In public law, Faculty of Law, Shahid Beheshti University, Tehran, Iran. Ali Akbar Gorji Azandariani Associate Professor, Department of Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran. Journal Article 2018 12 31 "Transparency" as one of the qualitative features of the law is one of the important elements in the realization of the legal security of the countries and both the Iran's Guardian Council and the Federal Constitutional Court of Germany monitor the transparency of the law in various aspects to ensure the realization of quality laws. This article tries to examine and critique and analyze the criteria and method of supervision of the Guardian Council and the Federal Constitutional Court by using a descriptive-analytical method and reviewing the verdicts of the Constitutional Courts of Iran and Germany. The outcome of this article is that the practice of the Guardian Council and the Federal Constitutional Court is to monitor "transparency" as a verdict and content of law, but the basis of these two institutions are different for this form of control. The Guardian Council carries out oversight of the transparency of the law through Sharia’s oversight, while the Federal Constitutional Court considers the transparency of the law as an introduction to ensure the fundamental rights and freedoms of individuals. "Transparency" as one of the qualitative features of the law is one of the important elements in the realization of the legal security of the countries and both the Iran's Guardian Council and the Federal Constitutional Court of Germany monitor the transparency of the law in various aspects to ensure the realization of quality laws. This article tries to examine and critique and analyze the criteria and method of supervision of the Guardian Council and the Federal Constitutional Court by using a descriptive-analytical method and reviewing the verdicts of the Constitutional Courts of Iran and Germany. The outcome of this article is that the practice of the Guardian Council and the Federal Constitutional Court is to monitor "transparency" as a verdict and content of law, but the basis of these two institutions are different for this form of control. The Guardian Council carries out oversight of the transparency of the law through Sharia’s oversight, while the Federal Constitutional Court considers the transparency of the law as an introduction to ensure the fundamental rights and freedoms of individuals.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 The U.S. Extraterritorial Sanctions against Iran and its Compatibility with the World Trade Organization Rules The U.S. Extraterritorial Sanctions against Iran and its Compatibility with the World Trade Organization Rules 1545 1565 77593 10.22059/jplsq.2020.291517.2208 FA Mehdi Piri Assistant Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran Reza Sohrabi MA. Student in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran 0000-0002-7092-5354 Journal Article 2019 10 28 The U.S. has imposed extraterritorial sanctions against Iran and thereby impeded free trade for WTO members. In this article, we examined U.S. extraterritorial sanctions against Iran following the United States' unilateral withdrawal from JCPOA and its possible violations of its WTO obligations. Also, while examining the nature of extraterritorial sanctions, the GATT exception rules in particular national security are examined by raising the Russia-Ukraine Transit case of 2019. The study found that, given the scope of the sanctions imposed, the U.S. government has violated some of its obligations under the WTO and in view of the WTO panel interpretation of the defense of national security, the justification for extraterritorial sanctions subsequently imposed after withdrawal from the JCPOA is not acceptable and there are some legal solutions under WTO which enable the States to challenge the U.S. Unilateralism. The U.S. has imposed extraterritorial sanctions against Iran and thereby impeded free trade for WTO members. In this article, we examined U.S. extraterritorial sanctions against Iran following the United States' unilateral withdrawal from JCPOA and its possible violations of its WTO obligations. Also, while examining the nature of extraterritorial sanctions, the GATT exception rules in particular national security are examined by raising the Russia-Ukraine Transit case of 2019. The study found that, given the scope of the sanctions imposed, the U.S. government has violated some of its obligations under the WTO and in view of the WTO panel interpretation of the defense of national security, the justification for extraterritorial sanctions subsequently imposed after withdrawal from the JCPOA is not acceptable and there are some legal solutions under WTO which enable the States to challenge the U.S. Unilateralism.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 Impact of Dual Nationality of Individuals and Nationality of Iranian Companies as a Foreign Investor on ICSID Jurisdiction Impact of Dual Nationality of Individuals and Nationality of Iranian Companies as a Foreign Investor on ICSID Jurisdiction 1567 1586 77592 10.22059/jplsq.2019.264343.1818 FA Khalil Rouzegari Ph.D. Student in International & Public Law, Department of International Law, Science and Research branch, Islamic Azad University, Tehran, Iran Sabber Niavarani Assistant Prof, Department of International Law, Science and Research branch, Islamic Azad University, Tehran, Iran Mohsen Mohebi Assistant Prof, Department of International Law, Science and Research branch, Islamic Azad University, Tehran, Iran Journal Article 2018 08 26 In Iran’s foreign investment law the term “foreign investor” included real and juridical persons such as Iranian companies controlled by foreign shareholders. On the other hand, possibility of a claim against Iran by “foreign investor” in international forums including ICSID, in case of Iran's accession to the Washington Convention, has been recognized. It raises the question of impact of dual nationality of individuals and nationality of Iranian companies as a foreign investor on ICSID jurisdiction. This paper seeks to find the answer to the question by analyzing awards issued by ICSID. The analysis shows that jurisdiction of ICSID cannot be established mere reliance on the dual nationality by respondent and foreign control by claimant. Instead, the process of establishment of the jurisdiction is subject to subtle legal considerations. In Iran’s foreign investment law the term “foreign investor” included real and juridical persons such as Iranian companies controlled by foreign shareholders. On the other hand, possibility of a claim against Iran by “foreign investor” in international forums including ICSID, in case of Iran's accession to the Washington Convention, has been recognized. It raises the question of impact of dual nationality of individuals and nationality of Iranian companies as a foreign investor on ICSID jurisdiction. This paper seeks to find the answer to the question by analyzing awards issued by ICSID. The analysis shows that jurisdiction of ICSID cannot be established mere reliance on the dual nationality by respondent and foreign control by claimant. Instead, the process of establishment of the jurisdiction is subject to subtle legal considerations.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 Study of Legal and Political Structure of Government in Abul Ala Mawdudi’s Thought Study of Legal and Political Structure of Government in Abul Ala Mawdudi’s Thought 1587 1606 77174 10.22059/jplsq.2019.260341.1766 FA Yahya Bouzarinejad Associate prof. Department of Islamic Social Sciences, Fculty of Social Sciences, University of Tehran; Tehran, Iran Atiyeh Azarshab PhD Candidate of Anthropology, Islamic Azad University, Central Tehran Branch; Tehran, Iran Behrouz Roustakhiz Assistant Prof. of Anthropology, Faculty of Social Sciences, Allameh Tabataba'i University, Tehran, Iran Journal Article 2018 06 17 The necessity of thinking on a governmental model especially for thinkers who have always wanted to develop an Islamic State is an obvious need. Sayyad Abul Ala Mawdudi is one of the social reformers and prominent religious thinkers in the geographical area of the subcontinent in the 20th century, and, like many other Islamic thinkers, such discussion can be traced in his religious and political thought. Mawdudi’s thoughts had a wide range of influences on individuals and groups in different countries and thus the present study sought to investigate the kind of desired government and governmental model proposed by him. That’s why; we seek a comprehensive review of the proposed governmental system, its elements and components, and the kind of relations between them. In order to achieve a better understanding of the issue, several books and works including Mawdudi’s works and interpretation of these works have been used. The result of this study shows a special kind of government which Mawdudi has called Theodemocracy and has its own traits that make it distinguished from other governments. In fact, according to Islamic teachings, Mawdudi wants to revive a kind of Islamic State that has a sign of the early Islamic State of prophet and caliphs, and as well as to adapt to the requirements of contemporary times. The necessity of thinking on a governmental model especially for thinkers who have always wanted to develop an Islamic State is an obvious need. Sayyad Abul Ala Mawdudi is one of the social reformers and prominent religious thinkers in the geographical area of the subcontinent in the 20th century, and, like many other Islamic thinkers, such discussion can be traced in his religious and political thought. Mawdudi’s thoughts had a wide range of influences on individuals and groups in different countries and thus the present study sought to investigate the kind of desired government and governmental model proposed by him. That’s why; we seek a comprehensive review of the proposed governmental system, its elements and components, and the kind of relations between them. In order to achieve a better understanding of the issue, several books and works including Mawdudi’s works and interpretation of these works have been used. The result of this study shows a special kind of government which Mawdudi has called Theodemocracy and has its own traits that make it distinguished from other governments. In fact, according to Islamic teachings, Mawdudi wants to revive a kind of Islamic State that has a sign of the early Islamic State of prophet and caliphs, and as well as to adapt to the requirements of contemporary times.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 Coastal State’s Criminal Jurisdiction in Foreign Ship Affairs in International Judicial Procedure Coastal State’s Criminal Jurisdiction in Foreign Ship Affairs in International Judicial Procedure 1607 1622 77706 10.22059/jplsq.2019.266790.1835 FA Javad Salehi Associate Prof., Department of Law, Payame Nour University, Tehran, Iran 0000-0002-7402-1176 Journal Article 2018 10 04 The marine environment and exploitation of the exclusive economic zone and the continental shelf under the rule of law of the coastal State are according to the provisions of the Convention of the Law of the Sea. Hence, the coastal State’s criminal jurisdiction on third States’ ships in the exclusive economic zone and the free seas is prohibited in most cases. Seizure of a foreign ship and arrest of a foreign crew in offshore areas by the coastal State is State intervention in the administration of the flag State and exercises its sovereignty. Involvement of coastal State in dealing with illegal ship operations in offshore areas is limited to the provisions of articles 73 and 101 Convention of the Law of the Sea on marine living resources or piracy. Extension of the coastal State’s offshore jurisdiction in the use of non-living resources or the operation of oil platforms, where illegal activities by foreign ships and crew of foreign citizenship are not adapted to the provisions of the Convention on the Law of the Sea. The judicial procedure of the Arbitration Tribunal and International Tribunal for the Law of the Sea on case of Arctic Sunrise Ship also confirmed this theory. The marine environment and exploitation of the exclusive economic zone and the continental shelf under the rule of law of the coastal State are according to the provisions of the Convention of the Law of the Sea. Hence, the coastal State’s criminal jurisdiction on third States’ ships in the exclusive economic zone and the free seas is prohibited in most cases. Seizure of a foreign ship and arrest of a foreign crew in offshore areas by the coastal State is State intervention in the administration of the flag State and exercises its sovereignty. Involvement of coastal State in dealing with illegal ship operations in offshore areas is limited to the provisions of articles 73 and 101 Convention of the Law of the Sea on marine living resources or piracy. Extension of the coastal State’s offshore jurisdiction in the use of non-living resources or the operation of oil platforms, where illegal activities by foreign ships and crew of foreign citizenship are not adapted to the provisions of the Convention on the Law of the Sea. The judicial procedure of the Arbitration Tribunal and International Tribunal for the Law of the Sea on case of Arctic Sunrise Ship also confirmed this theory.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 The Legal Nature of the Rules of International Organizations: Internal or International The Legal Nature of the Rules of International Organizations: Internal or International 1623 1642 77604 10.22059/jplsq.2019.270383.1870 FA Mahdi Haddadi Assistant Prof., Department of International and Public law, Farabi Faculty, University of Tehran, Tehran, Iran Reza Esmkhani Ph.D. Student in International Law, Farabi Faculty, University of Tehran, Tehran, Iran Journal Article 2018 11 28 Since the emergence of the international organizations, it was presumed two functions for these new entities: international organizations as independent actors and as vehicles for States. In light of these two functions, two points of view about legal nature of the law produced inside IOs are raised. According to the first point of view (constituent instruments as constitution) rules of international organizations just like rules of States, were considered part of the internal law of IOs and isolated from international law. According to the second point of view (constituent instruments as a contract) rules of organizations were merely part of international law. Each of these two views has totally different effects on areas of characterization of acts, international responsibility and sequence of rules of international organizations. In this article after enumerating gaps and insufficiencies of each of these two views, it is argued that adoption of a two-dimensional (internal and international) approach regarding nature of rules of international organizations, while protecting the legal autonomy of international organizations, will help to prevent fragmentation of international law. Since the emergence of the international organizations, it was presumed two functions for these new entities: international organizations as independent actors and as vehicles for States. In light of these two functions, two points of view about legal nature of the law produced inside IOs are raised. According to the first point of view (constituent instruments as constitution) rules of international organizations just like rules of States, were considered part of the internal law of IOs and isolated from international law. According to the second point of view (constituent instruments as a contract) rules of organizations were merely part of international law. Each of these two views has totally different effects on areas of characterization of acts, international responsibility and sequence of rules of international organizations. In this article after enumerating gaps and insufficiencies of each of these two views, it is argued that adoption of a two-dimensional (internal and international) approach regarding nature of rules of international organizations, while protecting the legal autonomy of international organizations, will help to prevent fragmentation of international law.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 09 22 Applicable Law and its Effect on Foreign Military Sales (FMS) in Iran-U.S. Claims Tribunal Applicable Law and its Effect on Foreign Military Sales (FMS) in Iran-U.S. Claims Tribunal 1643 1662 77576 10.22059/jplsq.2018.261823.1789 FA Reza Arab Chadegani PhD candidate in Faculty of Law and Political Science, University of Tehran, Tehran, Iran Journal Article 2018 07 12 Case B-1, as the largest case filed in the Iran-U.S. Claims Tribunal which still is arbitrating, concerns U.S. Foreign Military Sales (FMS) to Iran prior to the Islamic Revolution. The Tribunal was established as a means of ending the challenges between the parties based on Algerian Declarations from 1982. Since independent research has not been done on this case, both in terms of its nature and dimensions and in terms of awards and procedures, using the field documents by the parties, along with a brief description of the nature of the Case B-1 and its background, beside the analysis of the Tribunal procedure in its partial awards, in this research, we attempt to analysis the challenge of determination of applicable law as the most effective choice of the Tribunal on arbitration process. In the light of this analysis, it is possible to examine the manner of the Tribunal to determine the applicable law in this case. Case B-1, as the largest case filed in the Iran-U.S. Claims Tribunal which still is arbitrating, concerns U.S. Foreign Military Sales (FMS) to Iran prior to the Islamic Revolution. The Tribunal was established as a means of ending the challenges between the parties based on Algerian Declarations from 1982. Since independent research has not been done on this case, both in terms of its nature and dimensions and in terms of awards and procedures, using the field documents by the parties, along with a brief description of the nature of the Case B-1 and its background, beside the analysis of the Tribunal procedure in its partial awards, in this research, we attempt to analysis the challenge of determination of applicable law as the most effective choice of the Tribunal on arbitration process. In the light of this analysis, it is possible to examine the manner of the Tribunal to determine the applicable law in this case.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 4 2020 12 21 The Right to Water in the Corpus of International Law and its Protection in Precedents of International Investment Arbitration The Right to Water in the Corpus of International Law and its Protection in Precedents of International Investment Arbitration 1683 1705 77598 10.22059/jplsq.2019.288236.2154 FA Farshad Geravand Ph.D. in International Law, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran Journal Article 2019 09 01 This paper deals with the legal status of the right to water in international law and also its protection through the precedent of water-related international investment tribunals and domestic judicial ones. Right to water has not yet been recognized in a universal treaty but the UN Committee on Economic, Social and Cultural Rights recognized it in General Comment No. 15 as a separate right. This was further buttressed by both UN General Assembly and Human Rights Council resolutions in 2010. This right while facing ambiguities in terms of content, scope and judicial enforcement but the increasing attempts by the States to incorporate it into their national statutes and the supervisory mechanisms adopted by the Human Rights Council all implying that this right is legal and binding. This claim is also reinforced by international customary law. In the end, the author explored the recognition of this right in light of some water-related investment arbitrations to show that how tribunals applied both the right to water and foreign investors’ rights in parallel and with the same weight. This paper deals with the legal status of the right to water in international law and also its protection through the precedent of water-related international investment tribunals and domestic judicial ones. Right to water has not yet been recognized in a universal treaty but the UN Committee on Economic, Social and Cultural Rights recognized it in General Comment No. 15 as a separate right. This was further buttressed by both UN General Assembly and Human Rights Council resolutions in 2010. This right while facing ambiguities in terms of content, scope and judicial enforcement but the increasing attempts by the States to incorporate it into their national statutes and the supervisory mechanisms adopted by the Human Rights Council all implying that this right is legal and binding. This claim is also reinforced by international customary law. In the end, the author explored the recognition of this right in light of some water-related investment arbitrations to show that how tribunals applied both the right to water and foreign investors’ rights in parallel and with the same weight.