Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 “An Investigation of the Human Right to Water in ICSID Caselaw” “An Investigation of the Human Right to Water in ICSID Caselaw” 423 441 73489 10.22059/jplsq.2017.236911.1540 FA Nima Nasrollahi Shahri Ph.D. in Public Law, Faculty of law, Allameh Tabataeه University of Tehran, Tehran, Iran Seyed Ghasem Zamani Prof., International law department, law, Allameh Tabataei University, Tehran, Iran 000-0003-3156-7950 Journal Article 2017 07 04 Privatization of mother industries has been a focal issue in investment disputes in the last few decades. Thus far, there have been five major investment arbitrations regarding privatization of water industry in all of which the human right to water has been invoked by the host states or NGOs. At present, there are no binding human rights instruments that recognize the right to access water as an independent human right. The Committee of Social and Economic Rights goes so far as to infer the existence of this right from other human rights such as the right to food, the right to health and the right to housing. This article traces the human right to water from its birthplace, human rights law, to ICSID arbitration. Privatization of mother industries has been a focal issue in investment disputes in the last few decades. Thus far, there have been five major investment arbitrations regarding privatization of water industry in all of which the human right to water has been invoked by the host states or NGOs. At present, there are no binding human rights instruments that recognize the right to access water as an independent human right. The Committee of Social and Economic Rights goes so far as to infer the existence of this right from other human rights such as the right to food, the right to health and the right to housing. This article traces the human right to water from its birthplace, human rights law, to ICSID arbitration.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 Central Bank Accountability: Comparative Study of United State and Iran Legal Systems Central Bank Accountability: Comparative Study of United State and Iran Legal Systems 443 463 73995 10.22059/jplsq.2018.261121.1777 FA Maryam Kord Ph.D. Student in Public Law, Faculty of law and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran. Mahmood Bagheri Associate Prof, Private Law, Faculty of law and Political Science, University Of Tehran, Tehran, Iran. Abbas Ghasemihamed Professor, Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran Mohsen Mohebi Assistant Prof, Faculty of law and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran Journal Article 2018 06 29 Central banks should act independently in regulating monetary, currency, credit policies, and not be subject to political and governmental influence, but must at the same time be accountable for their performance. Given that central banks are not part of the three branches of government, their accountability is challenging. Therefore, in the present paper, the concept of accountability of central bank is considered as one of the means of controlling and evaluating its performance. In this way, the concept and characteristics of accountability of central banks as well as mechanisms of accountability to executive, legislative and judicial branches of government are expressed and transparency of central bank is analyzed in response to accountability. Finally, a comparative review of accountability in Iran and the United States is being considered, and it is concluded that in the legal system of Iran, there is no mechanism for accountability of central bank and it lacks transparency. Central banks should act independently in regulating monetary, currency, credit policies, and not be subject to political and governmental influence, but must at the same time be accountable for their performance. Given that central banks are not part of the three branches of government, their accountability is challenging. Therefore, in the present paper, the concept of accountability of central bank is considered as one of the means of controlling and evaluating its performance. In this way, the concept and characteristics of accountability of central banks as well as mechanisms of accountability to executive, legislative and judicial branches of government are expressed and transparency of central bank is analyzed in response to accountability. Finally, a comparative review of accountability in Iran and the United States is being considered, and it is concluded that in the legal system of Iran, there is no mechanism for accountability of central bank and it lacks transparency.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 The Assessment of the Practice of the UN Security Council on the Use of R2P The Assessment of the Practice of the UN Security Council on the Use of R2P 465 490 74338 10.22059/jplsq.2019.283950.2058 FA Reza Mousazadeh Prof., School of International Relations ,Ministry of Foreign Affairs, Tehran, Iran Sara Hoseinzadeh MA. in International Law, The Tehran south Branch of Islamic Azad University, Tehran, Iran Journal Article 2019 06 25 Following the adoption of the Responsibility of Protection (R2P) in the heads of States Summit in the United Nations General Assembly in 2005, the Security Council which was eager to expand its powers after September 11, 2001 in international sphere, tried to justify some of its actions by this doctrine .The R2P, can be used as effective tool for protecting nations from the oppression and international crimes to which SC may refer in some situations. Regarding the practie of SC, it seems that SC normally takes the interests of P5 into consideration, while in some cases e.g.Lybia, Ivory Coast and Darfur it actively applies R2P, in some other urgent cases e.g.Yemen, Syria and Bahrain simply ignores it. Following the adoption of the Responsibility of Protection (R2P) in the heads of States Summit in the United Nations General Assembly in 2005, the Security Council which was eager to expand its powers after September 11, 2001 in international sphere, tried to justify some of its actions by this doctrine .The R2P, can be used as effective tool for protecting nations from the oppression and international crimes to which SC may refer in some situations. Regarding the practie of SC, it seems that SC normally takes the interests of P5 into consideration, while in some cases e.g.Lybia, Ivory Coast and Darfur it actively applies R2P, in some other urgent cases e.g.Yemen, Syria and Bahrain simply ignores it.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 Review of the status of the family in the international human rights Review of the status of the family in the international human rights 491 511 74353 10.22059/jplsq.2019.262073.1792 FA Seyed Fazlollahh Mousavi Prof., Faculty of Law and political science, University of Tehran, Tehran, Iran Fateme Ebrahimi ph.D. student in International Law, Faculty of Law and political science, University of Tehran, Tehran, Iran Journal Article 2018 07 15 In the post-industrial age, the institution of the family, which is the basis of the civilized societies, is on the verge of collapse and the right to family life is exposed as a serious violation of human rights. The importance of the subject matter of the family has prompted the authors to elucidate the position of this right in various human rights instruments and assess the international human rights situation with the family and its changes and related measures. Although some of these documents are international non-binding regulations, it can be used to formulate a mandatory family-based document that is something nice. Also, the provision of basic services in the family and the promotion of family attention in international policy is positively evaluated. But in spite of these positive efforts, unfortunately, the individualism and equalization of people in the center of the family, influencing the drafting of international documents while legitimizing the unusual patterns of the family, have weakened the family and somehow its collapse is continuing. In the post-industrial age, the institution of the family, which is the basis of the civilized societies, is on the verge of collapse and the right to family life is exposed as a serious violation of human rights. The importance of the subject matter of the family has prompted the authors to elucidate the position of this right in various human rights instruments and assess the international human rights situation with the family and its changes and related measures. Although some of these documents are international non-binding regulations, it can be used to formulate a mandatory family-based document that is something nice. Also, the provision of basic services in the family and the promotion of family attention in international policy is positively evaluated. But in spite of these positive efforts, unfortunately, the individualism and equalization of people in the center of the family, influencing the drafting of international documents while legitimizing the unusual patterns of the family, have weakened the family and somehow its collapse is continuing.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 The Limits of stat's criminal intervention in Labor Law in the light of minimize criminal law principle The Limits of stat's criminal intervention in Labor Law in the light of minimize criminal law principle 513 531 74334 10.22059/jplsq.2018.244819.1609 FA Azadeh Sadat Taheri Assistant Prof., Faculty of Human Sciences Semnan University, Semnan, Iran Faezeh Manteghi PhD student in Criminal Law and Criminology, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran Journal Article 2017 10 31 Labor law arose to protect worker’s rights and seeks a balance between interests of worker and employer. International instruments and domestic laws have been enacted which aim to ensure humane working condition. Providing incentives for obedience with these laws and regulations needs sanctions which are penalties or other means of enforcement. This paper poses a question whether using criminal sanctions in labor law is justifiable or not regarding criminal law principles. Finally, we argue that with the respect to minimize criminal law principle and criminalization requirements, using criminal sanction in labor law cannot be justified except in a few cases. Labor law arose to protect worker’s rights and seeks a balance between interests of worker and employer. International instruments and domestic laws have been enacted which aim to ensure humane working condition. Providing incentives for obedience with these laws and regulations needs sanctions which are penalties or other means of enforcement. This paper poses a question whether using criminal sanctions in labor law is justifiable or not regarding criminal law principles. Finally, we argue that with the respect to minimize criminal law principle and criminalization requirements, using criminal sanction in labor law cannot be justified except in a few cases.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 Improving human place in consular protection institution in the light of developments in international human rights in the light of NO.16 advisory opinion of inter American court for human rights Improving human place in consular protection institution in the light of developments in international human rights in the light of NO.16 advisory opinion of inter American court for human rights 533 550 74333 10.22059/jplsq.2018.255515.1713 FA Hamid Alhooii Nazari Assistant Prof., Faculty of Law and Political Science, University of Tehran, Tehran, Iran. Majid Kourakinejad MA. in International Law, University of Tehran, Tehran, Iran Aida Aghajani Ronaghi Ph.D. Student in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran Journal Article 2018 04 08 The reason which consular protection (CP) institution was established based on, supporting people to discover their violated rights. In traditional international law, prevailing view was that CP is the exclusive authority of states and individuals has no rights to resort to it. Now this question may raise that if a person’s rights and legal interests has violated illegally in a foreign state and above mentioned person couldn’t reach to its legal rights with exhausting to local remedies, does his governments is obliged to exercise CP to its nationals or could to refuse this request due to its authority? In other words, the question is that CP is part of exclusive authority of states or is part of individual international human rights which states have to exercise it due to national request? Conclusion of this paper shows that today, in the light of changes and developments in international human rights, CP is part of individual international human rights and states have to exercise it due to national request, at least in theory. The reason which consular protection (CP) institution was established based on, supporting people to discover their violated rights. In traditional international law, prevailing view was that CP is the exclusive authority of states and individuals has no rights to resort to it. Now this question may raise that if a person’s rights and legal interests has violated illegally in a foreign state and above mentioned person couldn’t reach to its legal rights with exhausting to local remedies, does his governments is obliged to exercise CP to its nationals or could to refuse this request due to its authority? In other words, the question is that CP is part of exclusive authority of states or is part of individual international human rights which states have to exercise it due to national request? Conclusion of this paper shows that today, in the light of changes and developments in international human rights, CP is part of individual international human rights and states have to exercise it due to national request, at least in theory.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 Application of Fundamental Principles of International Humanitarian Law on Fully Autonomous Weapons as New Mean of War Application of Fundamental Principles of International Humanitarian Law on Fully Autonomous Weapons as New Mean of War 551 575 74348 10.22059/jplsq.2018.241907.1584 FA Hossein Sharifi Tarazkouhi Assistant Prof, university of Imam Hossein, Tehran, Iran MohammadHossein Sayyadnejad MSc in diplomacy and the law of international organizations, the school of international relations Journal Article 2017 09 18 International humanitarian law is a branch of public international law trying to diminish the affliction and pain of mankind through regulation of behavior of parties to the armed conflicts. A considerable part of IHL rules devoted to the limitation of means and methods of warfare. According to the IHL, the right of the parties to an armed conflictto use means and methods of warfare is not unlimited. States are bind to comply with cardinal principles of IHL such as the principles of: distinction, prohibition of superfluous and unnecessary suffering,proportionality, necessity, and prohibition of wide, severe and long-term damage to the natural environment. The law of disarmament and arms control is another branch of international law which aims at reducing of conflicts, maintaining international peace and security, and extenuating pain of humanity in armed conflicts. In this regard, it regulates production, proliferation, storage, acquisition and use of some specific means and methods of warfare. There are inhuman means and methods of warfare which have been banned or limited by multilateral disarmament and arms control treaties.Technological Advancement has lead to the emergence of new inhuman means and methods of warfare.Fully autonomous weapons are an example of new inhuman weapons. In lack of disarmament and arms control treaties, cardinal principles of IHL are applied on such means and methods of warfare. International humanitarian law is a branch of public international law trying to diminish the affliction and pain of mankind through regulation of behavior of parties to the armed conflicts. A considerable part of IHL rules devoted to the limitation of means and methods of warfare. According to the IHL, the right of the parties to an armed conflictto use means and methods of warfare is not unlimited. States are bind to comply with cardinal principles of IHL such as the principles of: distinction, prohibition of superfluous and unnecessary suffering,proportionality, necessity, and prohibition of wide, severe and long-term damage to the natural environment. The law of disarmament and arms control is another branch of international law which aims at reducing of conflicts, maintaining international peace and security, and extenuating pain of humanity in armed conflicts. In this regard, it regulates production, proliferation, storage, acquisition and use of some specific means and methods of warfare. There are inhuman means and methods of warfare which have been banned or limited by multilateral disarmament and arms control treaties.Technological Advancement has lead to the emergence of new inhuman means and methods of warfare.Fully autonomous weapons are an example of new inhuman weapons. In lack of disarmament and arms control treaties, cardinal principles of IHL are applied on such means and methods of warfare.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 The Applicability of the Most-Favoured-Nation Standard to the Dispute Settlement Clauses in Investment Treaties The Applicability of the Most-Favoured-Nation Standard to the Dispute Settlement Clauses in Investment Treaties 577 595 74349 10.22059/jplsq.2018.252063.1670 FA Seyed Bagher Mirabbasi Professor, Faculty of Law and Political Sciences, University of Tehran, Tehran Majid Ghasemzadeh Moslabeh PhD Candidate -International Law-, Faculty of Law and Political Sciences, University of Tehran, Tehran Journal Article 2018 02 06 Most-Favoured-Nation –MFN– Clause has been always regarded as one of the cornerstones of international investment treaties safeguarding foreign investors from being discriminated in comparison to their other nationals rivals. Traditionally, MFN Clause has been used to avoid discrimination in substantive rights. After Maffezini Case Award, enforcing MFN clause to procedural rights specially to dispute settlement clauses has moved this standard to an advance level of practice in international investment law. In many cases, investors succeeded to prove jurisdiction in arbitrations in which defendant state has never consented, also to leap-frog prerequisites needed to be fulfilled before referring the case to an international arbitration. Regarding the fact that MFN Clause, without any exemption, is enshrined through all Iranian bilateral investment treaties without any explicit limitation about application of the mentioned clause to dispute settlement provisions, the subject is critically of highest importance from the perspective of national interests and also the State policy about foreign investments. Present article, after giving a summary of the latest updates about the issue and also reviewing relevant jurisprudence, intends to scrutinize possibility of Iranian BITs MFN Clauses being cited about dispute settlement provisions, and to provide solutions for covering relevant risks. Most-Favoured-Nation –MFN– Clause has been always regarded as one of the cornerstones of international investment treaties safeguarding foreign investors from being discriminated in comparison to their other nationals rivals. Traditionally, MFN Clause has been used to avoid discrimination in substantive rights. After Maffezini Case Award, enforcing MFN clause to procedural rights specially to dispute settlement clauses has moved this standard to an advance level of practice in international investment law. In many cases, investors succeeded to prove jurisdiction in arbitrations in which defendant state has never consented, also to leap-frog prerequisites needed to be fulfilled before referring the case to an international arbitration. Regarding the fact that MFN Clause, without any exemption, is enshrined through all Iranian bilateral investment treaties without any explicit limitation about application of the mentioned clause to dispute settlement provisions, the subject is critically of highest importance from the perspective of national interests and also the State policy about foreign investments. Present article, after giving a summary of the latest updates about the issue and also reviewing relevant jurisprudence, intends to scrutinize possibility of Iranian BITs MFN Clauses being cited about dispute settlement provisions, and to provide solutions for covering relevant risks.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 Application of the rules and regulations of communication in protecting the privacy of citizens in cyberspace Application of the rules and regulations of communication in protecting the privacy of citizens in cyberspace 597 616 73973 10.22059/jplsq.2018.261128.1778 FA Flor Ghasemzadeh Liasi Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran Leila Raisi Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran, Associate Prof., Islamic Azad University Isfahan Branch Journal Article 2018 06 30 With the emergence and development of cyberspace, protecting citizens' privacy is simply impossible with the traditional human rights rules and should be accompanied by the development of domestic laws and regulations, in accordance with international rules and transnational measures to protect privacy , taking into account technology and the emerging contemporary communication practices and living in the cyberspace and the rules of the organization, such as the International Telecommunication Union and the World Intellectual Property Organization to safeguard these important citizens' rights. In this descriptive-analytic study, the question is how far the laws and regulations of Iran can protect the privacy of citizens in the cyberspace. It is obvious that making national regulations, without taking into account the global scope of this space and without respect for the conditions governing the international community and the norms of modernity, will not only not be effective enough, but also will create contradictions and problems. With the emergence and development of cyberspace, protecting citizens' privacy is simply impossible with the traditional human rights rules and should be accompanied by the development of domestic laws and regulations, in accordance with international rules and transnational measures to protect privacy , taking into account technology and the emerging contemporary communication practices and living in the cyberspace and the rules of the organization, such as the International Telecommunication Union and the World Intellectual Property Organization to safeguard these important citizens' rights. In this descriptive-analytic study, the question is how far the laws and regulations of Iran can protect the privacy of citizens in the cyberspace. It is obvious that making national regulations, without taking into account the global scope of this space and without respect for the conditions governing the international community and the norms of modernity, will not only not be effective enough, but also will create contradictions and problems.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 The legal regime applicable to the policy of Targeted killing of Israel on the Territory of Palestine The legal regime applicable to the policy of Targeted killing of Israel on the Territory of Palestine 617 636 74132 10.22059/jplsq.2018.257479.1737 FA Mahvash Monfared Ph.D. in International Law, University of Tehran, Tehran, Iran Seyyd Ahmad Tabatabaei Assistant Professor of International Law at Farabi college of Tehran University Journal Article 2018 05 08 For many years, Israel has pursued a policy of targeted killings of Palestinian fighters. Since the beginning of the Aqsa Intifada in 2000, the targeted killings strategy has been clearly announced as one of Israeli public policy. The legal regime governing this strategy for those suspected of attacking is always one of the most challenging issues in the realm of international law. Given that the applicable ruling regime must first be investigated in the context of the operation in a situation of war or peace, in this article, according to legal arguments, it is emphasized that the Israeli confrontation with the Gaza Strip, Because of the Palestine's statehood and the start of a Gaza blockade as an act of aggression is an international armed conflict. As a result, the legal regime governing the Targeted killing of Israel in this area during armed conflicts is the International Humanitarian law and in relation to other occupied territories and in times of peace, is the Human rights regime. For many years, Israel has pursued a policy of targeted killings of Palestinian fighters. Since the beginning of the Aqsa Intifada in 2000, the targeted killings strategy has been clearly announced as one of Israeli public policy. The legal regime governing this strategy for those suspected of attacking is always one of the most challenging issues in the realm of international law. Given that the applicable ruling regime must first be investigated in the context of the operation in a situation of war or peace, in this article, according to legal arguments, it is emphasized that the Israeli confrontation with the Gaza Strip, Because of the Palestine's statehood and the start of a Gaza blockade as an act of aggression is an international armed conflict. As a result, the legal regime governing the Targeted killing of Israel in this area during armed conflicts is the International Humanitarian law and in relation to other occupied territories and in times of peace, is the Human rights regime.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 Right to Development and Its Effect on Fulfillment of Internal Aspect of Self- Determination Right to Development and Its Effect on Fulfillment of Internal Aspect of Self- Determination 637 658 73993 10.22059/jplsq.2018.254071.1697 FA Homayoun Habibi Associate Prof., Department of International Law, Faculty of Law and Political Science, University of Allameh Tabataba'i, Tehran, Iran 0000-0001-9886-0540 Keivan Eghbali Ph.D. in International Law, Faculty of Law and Political Science, University of Allameh Tabataba'i, Tehran, Iran. Journal Article 2018 03 07 Right to Development that is One of Examples of Third Generation of Human rights by Virtue of which Every Person is entitled to Participate in Economic, Social, Political and Cultural Development of His/ Her society as well as Enjoy from Its Fruits. Right to development is a Collector of Civil and Political Human Rights with Economic, Social and Cultural Human Rights, so Its Fulfillments has Great Effects on Realization of Other Human Rights. In this regard, It Seems that One of Important Effects of Fulfillments of Right to Development is on Internal Self- Determination Which Mean that Every Citizen is entitled to Free and Public Participation in the Various Political, Social, Economic and Cultural Affairs of the Society. A Rights that has Its Foundation on Public Participation And as a Result, Fulfillment of Main Indexes of Right to Developments such as Public Education, Fair Distribution of Revenues and Proper Employment Will have Great Rule in Its Realization, by Empowerment of Public Participation and Its Tools such as Free Electoral system, Civil Society and Free Flow of Information Right to Development that is One of Examples of Third Generation of Human rights by Virtue of which Every Person is entitled to Participate in Economic, Social, Political and Cultural Development of His/ Her society as well as Enjoy from Its Fruits. Right to development is a Collector of Civil and Political Human Rights with Economic, Social and Cultural Human Rights, so Its Fulfillments has Great Effects on Realization of Other Human Rights. In this regard, It Seems that One of Important Effects of Fulfillments of Right to Development is on Internal Self- Determination Which Mean that Every Citizen is entitled to Free and Public Participation in the Various Political, Social, Economic and Cultural Affairs of the Society. A Rights that has Its Foundation on Public Participation And as a Result, Fulfillment of Main Indexes of Right to Developments such as Public Education, Fair Distribution of Revenues and Proper Employment Will have Great Rule in Its Realization, by Empowerment of Public Participation and Its Tools such as Free Electoral system, Civil Society and Free Flow of Information

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 Differentiation of Sovereignty and Commercial Activities of Government in Petroleum Industry, Authorities in Charge and Their Relationship. Differentiation of Sovereignty and Commercial Activities of Government in Petroleum Industry, Authorities in Charge and Their Relationship. 659 683 74351 10.22059/jplsq.2018.253867.1699 FA Abdolhosein Shiravi Professor, Law Department of Farabi Pardis, University of Tehran, Iran Narges Seraj Ph.D. Student in Oil and gas Law, Law Department of Farabi Pardis, University of Tehran, Iran Journal Article 2018 03 07 When the war ended and the era of construction started, limiting the government to sovereignty acts and reducing its role in commercial activities, was on the agenda of the country's planners. So the separation of sovereignty and commercial activities of government was pursued more seriously. This separation was extended to all sections, including petroleum industry. By passing the Acts on Implementation of Policies under Principle 44 of Constitution and on the Duties and Powers Ministry of Petroleum, it was attempted to implement the aforementioned separation in petroleum industry. This research by investigating different laws and regulations, evaluated the separation between sovereignty and commercial activities and the relationship between the sovereignty and commercial bodies in this sector. We conclude that, firstly, the relationship between the sovereignty and commercial actions is longitudinal, so even if the government is prevented from taking action in a section, it continues to play its role in sovereignty activities. Secondly, the Law on the Implementation of Policies of Principle 44 added the criterion of "investment, ownership and management" to the criterion of “separation of sovereignty from commercial activities". Thirdly, despite the separation of the sovereignty from commercial activities in petroleum sector, the duties between them are not completely divided. When the war ended and the era of construction started, limiting the government to sovereignty acts and reducing its role in commercial activities, was on the agenda of the country's planners. So the separation of sovereignty and commercial activities of government was pursued more seriously. This separation was extended to all sections, including petroleum industry. By passing the Acts on Implementation of Policies under Principle 44 of Constitution and on the Duties and Powers Ministry of Petroleum, it was attempted to implement the aforementioned separation in petroleum industry. This research by investigating different laws and regulations, evaluated the separation between sovereignty and commercial activities and the relationship between the sovereignty and commercial bodies in this sector. We conclude that, firstly, the relationship between the sovereignty and commercial actions is longitudinal, so even if the government is prevented from taking action in a section, it continues to play its role in sovereignty activities. Secondly, the Law on the Implementation of Policies of Principle 44 added the criterion of "investment, ownership and management" to the criterion of “separation of sovereignty from commercial activities". Thirdly, despite the separation of the sovereignty from commercial activities in petroleum sector, the duties between them are not completely divided.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 A Methodological Look to The Social Contract Theory of Thomas Hobbes A Methodological Look to The Social Contract Theory of Thomas Hobbes 685 709 73968 10.22059/jplsq.2018.250994.1661 FA Mojtaba Javidi Assistant Prof, Faculty of Theology and Islamic Studies, Shiraz University, Shiraz, Iran Journal Article 2018 01 23 The theory of "social contract" is one of the most important post-Renaissance theories which is about the origin of sovereignty and government in the Western world. Any theory posed in the human sciences is influenced by the philosophical foundations of ontology, epistemology, and anthropology itself that the study of these bases and how they relate to the theory is called "fundamental methodology." This paper examines the theory of the social contract of Hobbes with the descriptive and analytical method and with the approach of "fundamental methodology" and has tried to explain Hobbes's philosophical foundations and how it affects the theory of his social contract. Ontologically, his ontology is based on humanism, subjectivity, and secularism. Epistemologically, Hobbes has been influenced by two trends of authenticity of experience and authenticity of reason. He also left the sacred rationality behind. Anthropologically, he has been influenced by the mechanical look to man and the pessimistic perception of human nature. The theory of "social contract" is one of the most important post-Renaissance theories which is about the origin of sovereignty and government in the Western world. Any theory posed in the human sciences is influenced by the philosophical foundations of ontology, epistemology, and anthropology itself that the study of these bases and how they relate to the theory is called "fundamental methodology." This paper examines the theory of the social contract of Hobbes with the descriptive and analytical method and with the approach of "fundamental methodology" and has tried to explain Hobbes's philosophical foundations and how it affects the theory of his social contract. Ontologically, his ontology is based on humanism, subjectivity, and secularism. Epistemologically, Hobbes has been influenced by two trends of authenticity of experience and authenticity of reason. He also left the sacred rationality behind. Anthropologically, he has been influenced by the mechanical look to man and the pessimistic perception of human nature.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 Cyber-attacks and the Violation of non-intervention Principle Cyber-attacks and the Violation of non-intervention Principle 711 736 73962 10.22059/jplsq.2019.230048.1499 FA Parastou Esmailzadeh Molabashi Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran Mohsen Abdollahi Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran, Associate Professor of Shahid Beheshti University Journal Article 2017 03 18 The technological progress has caused the states to deal with the ever-growing cyber-attacks. The most cyber-attacks that states usually face are Distributed Denial of Service Attacks. Since these attacks do not have any direct and immediate harms, they cannot be considered as use of force or armed attacks therefore states usually ignore to trace and identify the attackers. Since there are no explicit and direct rules for addressing cyber-attacks, in accordance with the regulations of current International Law, we come to the conclusion that some of these non-destructive cyber-attacks which are coercive can be counted as violation of the principle of non-intervention if those attacks are attributable to the states and consequently the international responsibility of those states can be brought up in competent international courts. In this essay the author endeavors to demonstrate not only the severe cyber-attacks violate the International Law obligations but also the non-destructive ones such as Distributed Denial of Service Attacks can breach International Law too.   The technological progress has caused the states to deal with the ever-growing cyber-attacks. The most cyber-attacks that states usually face are Distributed Denial of Service Attacks. Since these attacks do not have any direct and immediate harms, they cannot be considered as use of force or armed attacks therefore states usually ignore to trace and identify the attackers. Since there are no explicit and direct rules for addressing cyber-attacks, in accordance with the regulations of current International Law, we come to the conclusion that some of these non-destructive cyber-attacks which are coercive can be counted as violation of the principle of non-intervention if those attacks are attributable to the states and consequently the international responsibility of those states can be brought up in competent international courts. In this essay the author endeavors to demonstrate not only the severe cyber-attacks violate the International Law obligations but also the non-destructive ones such as Distributed Denial of Service Attacks can breach International Law too.  

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 Protecting Women against Violence in the Light of 2011 Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence Protecting Women against Violence in the Light of 2011 Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence 737 755 73965 10.22059/jplsq.2018.250813.1658 FA Ali Mashhadi Associate Professor, Public and International Law Department, Faculty of Law, University of Qom, Qom, Iran Mousa Karami Ph. D. Student in Public International Law, Faculty of Law, University of Qom, Qom, IRI 0000-0002-7536-8972 Journal Article 2018 01 21 The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence 2011 (the Istanbul Convention) is the most recent treaty that directly addresses the issue of violence against women (VAW). This Convention has created a comprehensive and multi-faceted legal framework including the adoption of an interdisciplinary and multidimensional approach toward preventing and combating VAW and has presented a pervasive definition and interpretation of discrimination and its manifestations against women. Adopting an extensive method toward all forms of VAW and their criminalization, and generalizing the scope of Parties' obligations to armed conflicts and migration and asylum status in protecting women against all forms of violence are another features of the Convention. This Convention, through aforementioned characteristics, seeks to prevent, prosecute and eliminate violence against women and girls and domestic violence. Not only does it develop and strengthen the legal regime regarding gender-based violence, the treaty can also be accessible to and acceded by third countries, which are not members of the Council of Europe. The present article aims to investigate the innovations and potential capabilities of Istanbul Convention as regards the reduction and elimination of VAW under an International Law perspective. The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence 2011 (the Istanbul Convention) is the most recent treaty that directly addresses the issue of violence against women (VAW). This Convention has created a comprehensive and multi-faceted legal framework including the adoption of an interdisciplinary and multidimensional approach toward preventing and combating VAW and has presented a pervasive definition and interpretation of discrimination and its manifestations against women. Adopting an extensive method toward all forms of VAW and their criminalization, and generalizing the scope of Parties' obligations to armed conflicts and migration and asylum status in protecting women against all forms of violence are another features of the Convention. This Convention, through aforementioned characteristics, seeks to prevent, prosecute and eliminate violence against women and girls and domestic violence. Not only does it develop and strengthen the legal regime regarding gender-based violence, the treaty can also be accessible to and acceded by third countries, which are not members of the Council of Europe. The present article aims to investigate the innovations and potential capabilities of Istanbul Convention as regards the reduction and elimination of VAW under an International Law perspective.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 Techniques for improving the quality of laws Techniques for improving the quality of laws 757 770 73970 10.22059/jplsq.2018.256289.1720 FA Azadeh Abdollahzadeh Shahrbabaki PhD, University of Aix Marseille 3, France Journal Article 2018 04 21 The focus on the issue of Quality of Laws in the last decade in Iran necessitates conducting a study on and discussing different aspect of the issue. Aspects and facets of quality of law are extended, complex, and they need high precision. The initial steps of the study include conceptual and theoretical underpinnings and final steps entail practical solution for increasing the level of quality of laws. In the present study, five solutions to increase the level of quality of laws are introduced. The solutions are practiced in different countries; however, they have never been discussed as a set of ways to increase the level of quality of laws altogether. Three solutions increase formal and material characteristics of the laws, i.e. consultation prior to the tabling of the bill, use of linguistic experts, and use of experimental legislation. The other solutions, i.e. codification, and specific law on quality of laws, provide the appropriate legal system environment for increasing the level of quality of laws. Undoubtedly, using these solutions, all of them as a whole, have a significant effect on achieving a good law The focus on the issue of Quality of Laws in the last decade in Iran necessitates conducting a study on and discussing different aspect of the issue. Aspects and facets of quality of law are extended, complex, and they need high precision. The initial steps of the study include conceptual and theoretical underpinnings and final steps entail practical solution for increasing the level of quality of laws. In the present study, five solutions to increase the level of quality of laws are introduced. The solutions are practiced in different countries; however, they have never been discussed as a set of ways to increase the level of quality of laws altogether. Three solutions increase formal and material characteristics of the laws, i.e. consultation prior to the tabling of the bill, use of linguistic experts, and use of experimental legislation. The other solutions, i.e. codification, and specific law on quality of laws, provide the appropriate legal system environment for increasing the level of quality of laws. Undoubtedly, using these solutions, all of them as a whole, have a significant effect on achieving a good law

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 Comparative Study of General Conditions in Recognition and Enforcement of Foreign Judgments in the Iranian and the European Union Laws Comparative Study of General Conditions in Recognition and Enforcement of Foreign Judgments in the Iranian and the European Union Laws 771 792 74177 10.22059/jplsq.2018.253268.1686 FA Mahmoud Jalali Associate Prof., Law Department, University of Isfahan, Isfahan, Iran Ali Noorian Ph.D. Student in Law, Isfahan University, Isfahan, Iran. Journal Article 2018 03 05 With the transformation of political and economic systems, the world is becoming a global village, and its needs to harmonize laws and regulations and the globalization of rights is more and more concrete. In this study, the conditions and barriers to the recognition and enforcement of foreign judgments in Iranian law have been adapted to EU rules, and the implementation and differences of judgments in both systems have been investigated. The results showed that the commonality of both systems is that only civil and commercial sentences can be identified and enforced, and criminal and administrative and tax decisions are excepted. The study found that EU regulations could be shared between countries with regional and religious communities, such as the member states of the Islamic Conference, the Eco-Organization and the Non-Aligned Movement (NAM). With the transformation of political and economic systems, the world is becoming a global village, and its needs to harmonize laws and regulations and the globalization of rights is more and more concrete. In this study, the conditions and barriers to the recognition and enforcement of foreign judgments in Iranian law have been adapted to EU rules, and the implementation and differences of judgments in both systems have been investigated. The results showed that the commonality of both systems is that only civil and commercial sentences can be identified and enforced, and criminal and administrative and tax decisions are excepted. The study found that EU regulations could be shared between countries with regional and religious communities, such as the member states of the Islamic Conference, the Eco-Organization and the Non-Aligned Movement (NAM).

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 A Critique of Opposition of the African Union and its Member States with the Criminal Court in and its Effects on International Jurisprudence A Critique of Opposition of the African Union and its Member States with the Criminal Court in and its Effects on International Jurisprudence 793 807 73994 10.22059/jplsq.2019.279931.1987 FA Javad Salehi Assistant Professor, Payam-e-Noor University, Tehran, Iran 0000-0002-7402-1176 Journal Article 2019 04 27 Removing of immunity from elements of international crimes in accordance with provisions of Article 27 of Statute is Cooperation’ prospect of members with the ICC. However, this cooperation is specific to members and to their status. Sudan is not a member of the ICC. Referral of his condition and the need for his cooperation with the ICC is not due to his membership, but because of the resolution, which has serious ambiguities regarding the recognition of Sudan's membership in the Statute and removing of immunity. This situation has led to the confrontation between the AU and its members with the ICC, that is purpose and subject of this article. Research question is; what is impact of confrontation between the AU and its members with the ICC on international judicial procedures? The findings of this study indicate that Judicial proceeding of the ICC has not only failed to narrow the scope of this confrontation for more than a decade, but also has been weakened by the lack of cooperation of AU's member states in the arrest of Al-Bashir. This approach adversely affects the status of the ICC on protection of Security Council in Sudan's situation, which is becoming increasingly evident. Removing of immunity from elements of international crimes in accordance with provisions of Article 27 of Statute is Cooperation’ prospect of members with the ICC. However, this cooperation is specific to members and to their status. Sudan is not a member of the ICC. Referral of his condition and the need for his cooperation with the ICC is not due to his membership, but because of the resolution, which has serious ambiguities regarding the recognition of Sudan's membership in the Statute and removing of immunity. This situation has led to the confrontation between the AU and its members with the ICC, that is purpose and subject of this article. Research question is; what is impact of confrontation between the AU and its members with the ICC on international judicial procedures? The findings of this study indicate that Judicial proceeding of the ICC has not only failed to narrow the scope of this confrontation for more than a decade, but also has been weakened by the lack of cooperation of AU's member states in the arrest of Al-Bashir. This approach adversely affects the status of the ICC on protection of Security Council in Sudan's situation, which is becoming increasingly evident.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 Armed Conflict in Iraq; analysis of Daesh’s actions from the perspective of International Humanitarian Law and International Criminal Law Armed Conflict in Iraq; analysis of Daesh’s actions from the perspective of International Humanitarian Law and International Criminal Law 809 836 74352 10.22059/jplsq.2018.259213.1754 FA Bahman Saedi A. Public International Law, Tarbiat Modares University, Tehran, Iran 0000-0001-8704-3633 Alireza Arashpuor Assistant Prof., Public International Law, University of Isfahan, Isfahan, Iran Abdolreza Farzami Nasab MA. Student, Public International Law, Shahid Ashrafi Esfahani University Journal Article 2018 05 30 In recent years, the international community has witnessed the emergence of a non-state actress called "<em>Daesh</em>" that it constitutes a global and unprecedented threat to international peace and security. When <em>Daesh</em> occupied areas of northern Iraq, this event triggered an armed conflict between the Iraqi army and the <em>Daesh</em> armed forces. The main focus of armed conflict, whether international or non-international, is respect for international humanitarian law, including fundamental principles such as the principle of distinction and proportionality. <em>Daesh</em> has contravened numerous international law provisions by its conduct in Iraq. The group has breached several of its IHL obligations as a non-state actor involved in the conflict occurred in Iraq. According to the findings of this article, it seems that <em>Daesh's</em> actions in various respects have provided the threshold for pursuing under international crimes of genocide, crimes against humanity and war crimes. In recent years, the international community has witnessed the emergence of a non-state actress called "<em>Daesh</em>" that it constitutes a global and unprecedented threat to international peace and security. When <em>Daesh</em> occupied areas of northern Iraq, this event triggered an armed conflict between the Iraqi army and the <em>Daesh</em> armed forces. The main focus of armed conflict, whether international or non-international, is respect for international humanitarian law, including fundamental principles such as the principle of distinction and proportionality. <em>Daesh</em> has contravened numerous international law provisions by its conduct in Iraq. The group has breached several of its IHL obligations as a non-state actor involved in the conflict occurred in Iraq. According to the findings of this article, it seems that <em>Daesh's</em> actions in various respects have provided the threshold for pursuing under international crimes of genocide, crimes against humanity and war crimes.

Faculty of Law and Political Science Public Law Studies Quarterly 2423-8120 50 Summer 2020 06 21 Feasibility of the role of people in the Constitutional Review Initiative; a reflection on Iranian constitution's capacity Feasibility of the role of people in the Constitutional Review Initiative; a reflection on Iranian constitution's capacity 837 857 73971 10.22059/jplsq.2019.256584.1728 FA Hamed Nikoonahad Assistant Professor, Department of Public Law and International, University of Qom,Qom, Iran Seyed Abdosaeed Modarres MA. in Public Law ,University of Qom, Qom, Iran. Journal Article 2018 04 26 The constitution is described as the supreme covenant of social responsibility, whose effectiveness and accountability require prediction of a review mechanism. For this purpose, the Islamic Republic of Iran Constitution, in principle, sets out a mechanism for revision in Article 177 that is significant in terms of the role of the people in this process. The motivation for writing the upcoming paper was to answer the question: What capacities have the constitution of the Islamic Republic for the role of people in the Constitutional Review Initiation? In response, it should be said that Rule 177 merely considers the Supreme Leader to be competent to review the initiative. However, in this paper, in a descriptive and analytical way, examining the fundamentals of people's participation in the revision initiative, from the perspective of the fundamental rights set iv the constitution, which implies the sovereignty of the people, as well as the reflection of the basic legislative and loyalties of the present constitution, To strengthen the role of the people in the Constitutional Review and loyalty to the current constitution, steps have been taken to strengthen the role of the people in the Constitutional Review Initiative by parliamentarians or presidents. The constitution is described as the supreme covenant of social responsibility, whose effectiveness and accountability require prediction of a review mechanism. For this purpose, the Islamic Republic of Iran Constitution, in principle, sets out a mechanism for revision in Article 177 that is significant in terms of the role of the people in this process. The motivation for writing the upcoming paper was to answer the question: What capacities have the constitution of the Islamic Republic for the role of people in the Constitutional Review Initiation? In response, it should be said that Rule 177 merely considers the Supreme Leader to be competent to review the initiative. However, in this paper, in a descriptive and analytical way, examining the fundamentals of people's participation in the revision initiative, from the perspective of the fundamental rights set iv the constitution, which implies the sovereignty of the people, as well as the reflection of the basic legislative and loyalties of the present constitution, To strengthen the role of the people in the Constitutional Review and loyalty to the current constitution, steps have been taken to strengthen the role of the people in the Constitutional Review Initiative by parliamentarians or presidents.