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Public Law Studies Quarterly

    Public Law Studies Quarterly

    Cryptocurrencies are on the rise and money laundering is increasing accordingly. Some cryptocurrencies such as Bitcoin have played a major role in the proliferation of online money laundering as it possesses characteristics that criminals... more
    Cryptocurrencies are on the rise and money laundering is increasing accordingly. Some cryptocurrencies such as Bitcoin have played a major role in the proliferation of online money laundering as it possesses characteristics that criminals are fond of.Bitcoin and other cryptocurrencies are decentralized and anonymous. They provide the means to skirt the Anti-Money laundering safeguards that have been put in place. The purpose of this paper is introducing and investigation of the legal features of virtual money and combatting the ensuing money laundering, which has caused crimes such as fraud and organized crimes-originated by internet money laundering, the main use of which is in virtual networks and communities. The aim of this paper is analyzing legal challenges of combatting cryptocurrencies-originated money laundering, investigating its influence on preventing money laundering in domestic and international level. It is finally concluded that it is better to spot the proper technologies and monitor the way they are used by complying with the current legal plans and amending them in line with state of the art methods rather than adding up to the rules and anticipating new generations of complicated technologies.
    The concept of public interest is one of the most important axes of public law. The definition of public interest in the field of constitutional law as well as administrative law is especially reflected. By definition, two general... more
    The concept of public interest is one of the most important axes of public law. The definition of public interest in the field of constitutional law as well as administrative law is especially reflected. By definition, two general approaches can be distinguished in contemporary legal systems: the liberal system, and the republican system. In the Iranian law system, considering the theories of the government after the revolution of February 1979, it seems that the general tendency in defining the public interest is more towards the republican system, but considering the historical structure of Shiite jurisprudence on the field and concepts Private law, existing jurisprudence has lacked the necessary details to theorize the theory of government. Even with the emergence of the theory of Imam Khomeini's "absolute sovereignty of faqih", it can be seen that on the one hand the theory has no reflection in other levels of government, including administrative law, after three decades and still remains within the justification of the first person authority and on the other hand the issue of control of the state and the guarantee of fundamental rights and freedoms have not been theorized or institutionalized, and so instead of a full-fledged theory of public law.
    This article paper examines the possibility of consular protection in espionage and terrorist act cases from the perspective of international law and the International Court of Justice judgment in the Jadhav case (India v. Pakistan). In... more
    This article paper examines the possibility of consular protection in espionage and terrorist act cases from the perspective of international law and the International Court of Justice judgment in the Jadhav case (India v. Pakistan). In this descriptive-and analytical research, by reexamining the precedent of the court in cases related to the interpretation and application of article 36 of the 1963 Vienna Convention on Consular Relations, we conclude that the Court, because of jurisdictional limitations, reaffirms its previous precedent (stare decisions) on not considering consular protection as a human right. But by remembering the responsibility of the host state to effective review and reconsideration of the convictions and sentences, the court implicitly confirms the importance of consular protection in making the right to a fair trial more effective. Moreover, by denying the existence of the "terrorism and espionage exclusion" in treaties and customary international law, the Court considered that all persons deprived of liberty regardless of their criminal charge and its gravity have the right to receive consular protection from their respective state. The approach of the International Court of Justice cas d'espece is evaluated in the sequence of progressive humanization of international law.
    One of the most basic principles of human rights is the right of people to determine their own destiny. The importance of this right is such that its doctrine is considered the basis of all human rights. In fact, in order to achieve... more
    One of the most basic principles of human rights is the right of people to
    determine their own destiny. The importance of this right is such that its
    doctrine is considered the basis of all human rights. In fact, in order to
    achieve other human rights, the realization of the principle of the right to
    self-determination is very important. The research method is descriptive-
    analytical. In response to the question, what are the developments in the
    right to self-determination in the advisory theories of the International
    Court of Justice in the case of Kosovo and the Chagos Archipelago? It can
    be stated that the right to self-determination has two aspects, including the
    external aspect, namely the right of the people to determine their
    international status and the internal aspect, the right of the people to choose
    the system of government, participation in community decision-making
    and protection of minority rights. . In Kozo's case, the court's ruling
    implicitly has political elements and has raised legal challenges to the
    relationship between the right to self-determination and the principle of
    territorial integrity. However, although the International Court of Justice
    continued to blur the line between the right to self-determination and
    territorial integrity by not determining the conditions for being a state,
    Kosovo still retained the right to win. In relation to the Chagos
    Archipelago, the International Court of Justice has called on all UN
    member states to cooperate with the United Nations to complete the
    process of decolonization in Mauritius, as the right to self-determination is
    a universal obligation. It cannot be reduced to a reciprocal task.
    One of the fundamental principles underlying the practice of fair trial and the rule of law is "judicial independence," in the sense of the judge's freedom from interference and undue influence in his judicial decision making.... more
    One of the fundamental principles underlying the practice of fair trial and the rule of law is "judicial independence," in the sense of the judge's freedom from interference and undue influence in his judicial decision making. Operationalizing judicial independence is contingent upon guaranteeing the judiciary's structural independence as well as the judge's individual independence. In fact, owing to the significance of judicial affairs and judge's determining decision, political authorities, trial parties and the public seek to exert influence on the judge's decision. The present study sheds light on the theoretical and practical framework underlying the guarantee of the judiciary's structural independence and judge's individual independence in Canada's legal system and then investigate in iran's law. This investigation shows that iran's legal system has made adequate provisions for guaranteeing structural independence but have failure in procedural independence with comparing Canada's legal system.
    There are two general approaches toward the constitutionalization and jusiciability of economic, social and cultural rights. According to the socialist approach economic, social and cultural rights should be constitutionaized and are... more
    There are two general approaches toward the constitutionalization and jusiciability of economic, social and cultural rights. According to the socialist approach economic, social and cultural rights should be constitutionaized and are justiciable. Constitutionalization of economic, social and cultural rights in one hand saves these rights of temporary political orientation and on the other hand makes justiciability of these rights easier. While in liberal approach civil and political rights are constitutionalized and judicially protected, economic, social and cultural rights are perceived non-justiciable, although constitutional judge can through the welfare interpretation of civil and political rights such as: the right to life, the right to fair trail and non-discrimination, make economic, social and cultural rights justiciable. Social movements also can make alive and enforce constitutional rights. This analytical-descriptive article through the public law point of view, tries to investigate the most important influential factors which makes economic, social and cultural rights as the second generation of human rights as justiciable.
    The concept of "unwilling or unable state" was recently introduced in the discourse of international law and international relations. In fact, the revival of this concept is due to the increasing attacks and threats of non-governmental... more
    The concept of "unwilling or unable state" was recently introduced in the discourse of international law and international relations. In fact, the revival of this concept is due to the increasing attacks and threats of non-governmental actors in the sovereign realm of governments, and in contrast, some of these governments are incapable of preventing or deterring the activities of terrorist groups. There are shortcomings and ambiguities in the scope of this criterion, which in turn can impose great costs on international peace and security. This paper intends to define the criterion of reluctance or inability by providing a precise framework, and then critically examines the obstacles to the acceptance of this criterion, and in particular the US interpretation of the use of force in the Syrian conflict. It is argued that this criterion does not apply in the case of Syria because existing international law does not allow for legitimate defense outside the domestic territory, where the host government is reluctant or incapable of dealing with non-state actors Unless expressly authorized by the Security Council or approved by the host Government. Nor has a customary norm been established in this regard.
    On 27 March 2021, the Chinese Foreign Minister arrived in Tehran as an official visit, and in the midst of discussions about the US return to the Joint Comprehensive Plan of Action and the sabotage at the Natanz nuclear site, an agreement... more
    On 27 March 2021, the Chinese Foreign Minister arrived in Tehran
    as an official visit, and in the midst of discussions about the US
    return to the Joint Comprehensive Plan of Action and the sabotage at
    the Natanz nuclear site, an agreement was reached entitled
    "Comprehensive Program of Cooperation between Iran and China".
    The very broad dimensions of this agreement in various economic,
    security, military, tourism, cultural, academic fields and with a
    special focus on the issue of energy, especially the purchase of oil
    and petrochemical products by China from Iran over a 25-year
    period, leave many ambiguities. It even raised questions for experts
    in the field, including why it was signed at this time and why for 25
    years. In this paper, with the aim of resolving the existing
    ambiguities, we analyze this agreement from the perspective of
    international law.
    Happiness is considered a measure of countries' development level, in the sense that the realization of human happiness passes through development. Accordingly, being kept away from the pursuit of happiness has prompted the UN to set... more
    Happiness is considered a measure of countries' development level, in the sense that the realization of human happiness passes through development. Accordingly, being kept away from the pursuit of happiness has prompted the UN to set sustainable development goals as a comprehensive roadmap and an action plan for realizing the right to happiness within four categories namely social, economic, social health and lifestyle development. In so doing, states' planning and development policies should be framed in such a way that the social and economic ground is laid for people to realize happiness. With such importance and necessity, understanding the meaning of the right to happiness in the light of sustainable development goals, the legal nature of this right in respect of legal foundations and documents as well as the relation between right to happiness and sustainable development goals constitutes the main idea and problem of this article. This article investigates this subject matter on the basis of a descriptive-analytical method and library studies. The result would be that the positive sustainable development approach can be a reliable avenue toward the right to happiness, which is subject to many requirements and instruments in the scope of social, economic, social health and lifestyle development.
    The deliberate use of biological agents as a weapon in terrorist activities is called bioterrorism. Bioterrorism, directly targets human rights, endangers global health and security and terrible threat to humanity. The purpose of this... more
    The deliberate use of biological agents as a weapon in terrorist activities is called bioterrorism. Bioterrorism, directly targets human rights, endangers global health and security and terrible threat to humanity. The purpose of this paper, using a descriptive-analytical method, is to introduce bioterrorism, definebiological weapons, and state that these weapons are considered mass destruction weapons according to their characteristics and effects on living things and the environment. Also, classification, ways to fight and legal approach to legalization of these weapons in international law have been explained. Since, one of the main concerns of authorities and international organizations is to ensure global health and security and the purpose of international law is to control and prohibit the use of such weapons. But many of the solutions offered by these organizations have not been successful.
    With the arrival of new technologies related to intelligent systems into the field of military weapons, contradictory theories were raised among jurists about their use in various battlefields. Given the benefits of using these weapons,... more
    With the arrival of new technologies related to intelligent systems into the field of military weapons, contradictory theories were raised among jurists about their use in various battlefields. Given the benefits of using these weapons, some jurists believe in the legitimacy of the use of these weapons, and some acknowledge the ban, due to their inability to understand the operational environment and their taken actions which is contrary to international humanitarian law. Therefore, the main question is to determine the challenges and legal considerations governing the legitimacy or prohibition of the use of intelligent weapons systems on the battlefield. The research method is descriptive-analytical, data collection done by library method and the statistical population are books, instruments and international conventions related to this subject. The research shows, despite the lack of rules enshrined in international law regarding the prohibition on the use of intelligent weapons systems, the legitimacy of the use of these systems is based on the rules of IHL depending on the type of mission, operational function, the level of intelligence and operational environment. The use of the system depends on its application and varies in the range from absolute legitimacy to absolute prohibition.
    The displacement crisis is one of the serious problems the international community has faced in recent years. However, at the international level, there is no binding legal document about them that specifically addresses the status,... more
    The displacement crisis is one of the serious problems the international community has faced in recent years. However, at the international level, there is no binding legal document about them that specifically addresses the status, recognition of the rights of individuals and the obligations of the international community, or the international body specifically responsible for this matter. In addition, this group is not included in the umbrella of the 1951 Refugee Convention, and the possibility of changing or extending its scope to this group does not seem justified. Therefore, the present study seeks to find a framework to support this group, while examining the existing mechanisms. It is concluded that based on the actions of international institutions (in the form of cooperation and partnership between various institutions, Leadership of specific organizations), as well as on the basis of international obligations of states (including commitment to protection arising from the doctrine of R2P; to accept under customary international law; to human security; to the principles of the United Nations Displacement Guidelines) in international law and the international system and Given the general support, provide a framework for the protection of displaced persons and fill the existing gaps to an acceptable extent.
    Having an efficient system of administration is considered a priority in every country. Planning to achieve such a system in any society brings about various experiences. Several measures have been taken in Iran as it is emphasized in the... more
    Having an efficient system of administration is considered a priority in every country. Planning to achieve such a system in any society brings about various experiences. Several measures have been taken in Iran as it is emphasized in the constitution; however, achieving the desired perfection is influenced by several factors including the degree of free access to the employment facts and instruments. Furthermore, one group of the administrative instruments closely associated with the right of citizenship is the facts and instruments concerned with employment. For this purpose, the present study investigates the status of the right of having free access to employment instrument and facts using an analytical-descriptive methodology. The findings of the study in investigating the confidentiality system of rights in Iran indicated that instruments and facts concerned with employment is not included in "the law of publicizing and free access to facts". But the requirements of the characteristics of this ministry in the field of security, Keeps employment instruments and information confidential and out of the reach of the public. Nevertheless, should be considered at the level of necessity and minimum in confidentiality to consider the rules of free access rights for beneficiaries in the rules of free access to facts.
    From the past to the present, use of common water resources has caused conflicts between states, therefore international law has tried to prevent such conflicts. However, with scarcity of available water resources, international water... more
    From the past to the present, use of common water resources has caused conflicts between states, therefore international law has tried to prevent such conflicts. However, with scarcity of available water resources, international water conflicts have increased in recent decades; this can be considered as proof of inability of approaches adopted by states, which are based on quantitative division of water, in facing and solving such conflicts. The current research, using a descriptive-analytical method, indicates that transition from focusing on volumetric allocation of water between states sharing river to establishment of cooperation arrangements between them in order to use river in the most optimal way available and the fair sharing of benefits from this cooperation can be considered a more favourable option for using these valuable water resources. In fact, application of benefit sharing arrangements in the use of transboundary rivers, which is also supported by the fundamental principles of international water law, through transformation of win-loss result due to water sharing into a win-win result due to cooperation in the optimal use of common water resources, increases interests of states and not only prevents water conflicts, but is able to develop and strengthen international cooperation.
    Legislative initiation, in the sense of presenting a proposal for a new law or amending existing laws, is considered the first stage in the legislative process in any legal system. Based on the theory of separation of powers, the exercise... more
    Legislative initiation, in the sense of presenting a proposal for a new law or amending existing laws, is considered the first stage in the legislative process in any legal system. Based on the theory of separation of powers, the exercise of legislation power belongs to the legislative branch. However, nowadays it is accepted in parliamentary and semi-parliamentary systems that the executive branch can also play a role in initiating legislation. The legal systems of Iraq and Egypt are among the systems that have recognized the joint competence of the legislative and executive powers in the process of initiating legislation. In this context, Article 74 of the Iranian Constitution is worthy of attention as it is devoted to the issue of legislative initiative and the joint role of the legislative and executive powers in presenting draft laws. Using a descriptiveanalytical method, this paper has tried to evaluate the evolution of the constitutional laws of Iraq and Egypt on this issue. The Paper aims to draw lessons from the Iraqi and Egyptian systems in terms of reforming the process of legislative initiative in Iran.
    The International Narcotics control system has imposed strict drug control policies in order to achieve a drug free world. However, ineffectiveness of these polices besides economic, social and health costs make them hard to support. In... more
    The International Narcotics control system has imposed strict drug control policies in order to achieve a drug free world. However, ineffectiveness of these polices besides economic, social and health costs make them hard to support. In the meantime, special characteristic of cannabis has steered countries to take a new approach. Colorado and Washington have legalized cannabis. Canada, Uruguay and some other US states, joined this process. On the contrary, international drug control agencies have accused these countries for violating drug conventions. Therefore, the main question of the present study is to investigate how international drug control system will face with the cannabis legalization in the named countries? Accordingly, the purpose of this study is to analyze the developments of the international drug control system following the implementation of legalization policy. In this research, using descriptive and analytical methods, we seek to answer the main question by examining the pro-legalization states approaches, the position of international drug control agencies and member states of the drug conventions, also the drug conventions provisions, as well as the existing legal solutions to remove accusation of violating the conventions. Findings show that despite the resistance of international drug agencies, pro-legalization states have not yet given up on this policy, and other countries may even align themselves with them and make a new order to control drugs. These issues will confirm the research hypothesis on the necessity to review the international drug control system in the light of cannabis legalization.
    Turkey by constructing the Ilısu Dam on the Tigris in Turkey will result in stressful significant environmental consequences between Iraq, Syria, and Iran. The norms and principles governing the exploitation of common water resources have... more
    Turkey by constructing the Ilısu Dam on the Tigris in Turkey will result in stressful significant environmental consequences between Iraq, Syria, and Iran. The norms and principles governing the exploitation of common water resources have pushed the governments towards a lawful system that they are adhered to it according to general principles of law, customary international law, and international treaties. Not adhering to these principles and violating them will impose international responsibility for the governments. Turkey cannot proceed to exploit a project that its harmful effects will cause severe significant damages to the environment of adjacent countries. Therefore, the decision to operate the Ilısu Dam that became operational in the first half of 2019, according to experts estimations about its extensive consequences to adjacent governments, is in contradiction with international commitments of Turkey as preventing the transboundary environmental damages, violating the Principle of the Unharmful Utilization of Territory and The Principle of Equitable and Reasonable Utilization of Shared Water Resources, which nowadays, are considered as a rule of customary international law. In this research, the background of Ilısu Dam construction by the Turkish government and its destructive environmental effects will be studied using the library and internet resources and using international documents.
    Supporting the social security rights of migrant workers and their family members as a human rights issue has been the focus of many international institutions in the last century. One of the manifestations of this attention is the issue... more
    Supporting the social security rights of migrant workers and their
    family members as a human rights issue has been the focus of many
    international institutions in the last century. One of the manifestations
    of this attention is the issue of recognizing and accepting their acquired
    social security rights; among the examples of acquired social security
    rights of migrant workers, the contribution periods acquired by them in
    the country or countries of their previous employment should be
    considered. Considering the importance of this issue for migrant
    workers, this paper examines the legal aspects of the international
    transfer of social security contribution periods. The findings of this
    research indicate that the international transfer of contribution periods
    has several conditions, including: membership in the insurance system,
    residence in the host country, and the existence of an international
    social security agreement between the migrant worker's origin and
    destination country. Currently, most of the developing countries are
    facing various challenges in the field of international transfer of
    contribution periods, the most prominent of which are: limitations of
    the internal transfer of contribution periods, differences in the social
    security system of countries and the negative approach of countries
    towards concluding agreements between International social security
    or accession to the documents approved by the United Nations and the
    International Labor Organization
    Lawfare is a strategy of misusing law as a tool to achieve national and security interests which pursues the goals of an armed conflict without resorting to force. The lawfare actor misuses the existing gaps in international law to... more
    Lawfare is a strategy of misusing law as a tool to achieve national and security interests which pursues the goals of an armed conflict without resorting to force. The lawfare actor misuses the existing gaps in international law to inflict the most damage to the targeted party, while there is no specific legal system to confront these actions. In lawfare, the rule of law is distorted. The complexities of lawfare have given the initiative to strong states that have appropriate legal infrastructures. In this way, the United States has been able to misuse this tool to put pressure on Iran and reach its hostile goals. The study of the US approach and practice towards the lawfare against Iran is the subject of this article. Recognizing the US practice in this regard shows that Iran has been the target of the most difficult lawfare that has been pursued through international institutions and also using domestic various strategies and initiatives.
    In terms of the historical evolution of the state, we are living in the era of the modern state, and according to some, in the era of the postmodern state. In the constitution of the Islamic Republic, some of the components of the modern... more
    In terms of the historical evolution of the state, we are living in the era of the modern state, and according to some, in the era of the postmodern state. In the constitution of the Islamic Republic, some of the components of the modern state have been accepted, so the structure of the country's administration should also be established based on the structure of a modern state, but the author believes that a kind of administrative feudalism has been formed in Iran in the field of the administration of the country's affairs, which basically has a destructive effect on the administration of the country. In this paper, the existence of parallel institutions, the establishment of extraconstitutional institutions, giving authority to authorities to act in matters that are outside of their inherent duties, the influence of unofficial persons and authorities in the decisions of public institutions are among the manifestations of the formation of administrative feudalism in Iran. This is a kind of backwardness in the administrative method of the country. This way of functioning has caused the decisions of the administrative bodies to become uncertain, shaky and changeable, so the author believes that the first step to reform the process of running the affairs of the country and eliminate feudalism is to concentrate affairs in legally competent institutions based on the principle of separation of powers.
    The right to counsel for the accused is recognized in the national criminal justice systems. International obligations also indicate the recognition of this right in various sources of international law including international instruments... more
    The right to counsel for the accused is recognized in the national criminal justice systems. International obligations also indicate the recognition of this right in various sources of international law including international instruments and international jurisprudence. Among international instruments, the Vienna Convention on Consular Relations (1963) emphasizes the right to counsel for the alien accused in the form of the right to consular assistance. The judgment of the International Court of Justice in the La Grand Case (2001) is one of the most important international judgments on the right to consular assistance for the alien accused. The present article papers answers the principal question of how the right to consular assistance for the alien accused is reflected in the judgment of the International Court of Justice in the La Grand Case (2001). The findings of the present article paper indicate that the right to counsel for the alien accused in La Grand Case is according to the Vienna Convention recognized in the form of the right to consular assistance and the Court considers the right to consular assistance for the accused to be an individual right which its main beneficiary is the accused, not his state.
    According to article 570 of the Islamic Penal Code, the actions of officials and officials affiliated with government agencies that lead to the deprivation of personal liberty of individuals and violations of constitutional rights can be... more
    According to article 570 of the Islamic Penal Code, the actions of officials and officials affiliated with government agencies that lead to the deprivation of personal liberty of individuals and violations of constitutional rights can be the basis for guaranteeing criminal executions such as dismissal and imprisonment. This paper, while analyzing the above-mentioned article, explicitly raises the important question that, assuming that government officials and officials take illegal actions based on a provision contrary to the law, can judges of the courts invoke the authority provided for in article 170? Should the Constitution apply the performance guarantee specified in article 570 of the Penal Code? In the present paper, by studying cases of judicial procedure of courts and using a descriptive-analytical method, it has been concluded that the authority obtained from article 170 of the Constitution has no necessity other than nonimplementation of illegal provisions by judges and in such cases the inherent jurisdiction of the Administrative Court of Justice in articles 170 and 173 of the Constitution and by using capacities such as issuing warrants for reviewing the legal aspect of the protested regulation is referred to the Administrative Court of Justice and based on the Court's decision in the above regulation, a decision is made in the criminal case.
    The large number of investment treaties and the diversity in their content, have made foreign investors to search for a favorable treaty and benefit from the protection of such a treaty by changing the nationality strategy. Large numbers... more
    The large number of investment treaties and the diversity in their content, have made foreign investors to search for a favorable treaty and benefit from the protection of such a treaty by changing the nationality strategy. Large numbers of investment treaties and variety in their content have encouraged many investors to search for a desirable treaty and access such treaty with strategic change of nationality. This process, called known as nationality planning, increases investors protection under the treaty and the possibility of disputes against the host state. Including Denial of Benefits clause is one of the solutions of states for limiting third state or host state investors' strategic access to treaty. This clause can potentially deprive third state investors from the treaty. Although, using this clause depends on various procedural and substantive requirements. Therefore, it is Because of that it is important to assess, by analyzing investment treaties and arbitration judgements, how arbitrations interpret procedural and substantive requirements of DOB and the impact of this interpretation on limiting Nationality Planning by analyzing investment treaties and arbitration judgements? Treaties and judgments analysis indicates that formulation of DOB causes doesn't include different forms of nationality planning and also, arbitration interpretations of this clause, usually, makes it difficult for host states to apply it successfully.
    Among supporters of natural rights, it is believed that government is necessary and natural, but limiting the sovereignty and power of this government is also essential. The Government has been natural and necessary in natural rights... more
    Among supporters of natural rights, it is believed that government is necessary and natural, but limiting the sovereignty and power of this government is also essential. The Government has been natural and necessary in natural rights advocate" s idea, following this grand approach, it is essential to the restriction of the sovereignty and power of this government. In public law studies, authority differs from crude or pure power, and the institution of authority is fundamentally linked to legitimacy .The basis of such legitimacy is the early guidance of natural rights that transforms pure force into authority under conditions of legitimacy. The nature of authority has a nature of power that is attached to legitimacy and is called legitimate power. A great example of this authority within the realm of state is sovereignty, which is a tool in the hands of the government. A sovereignty that is bound, not as an absolute entity, but as a relative entity, despite its inherent and permanent characteristics, by natural rules as an absolute entity. The output of this article paper confirms the relativism of sovereignty and absoluteness to natural rules, thereby limiting sovereignty to absolute natural laws.
    The conflicts between minority groups and the central government are considered to be one of the current threats to international peace and security. Employing the descriptive-analytical method and studying three cases of Turkish Republic... more
    The conflicts between minority groups and the central government are considered to be one of the current threats to international peace and security. Employing the descriptive-analytical method and studying three cases of Turkish Republic of Northern Cyprus, Nagorno-Karabakh and Kosovo, this paper seeks to analyze the performance of UN in settling the identity-based territorial conflicts. The authors believe that the reason behind the failure of UN in settlement of Cyprus and Karabakh crises is that the Security Council has always supported the rights of Cyprus and Azerbaijan to maintain their territorial integrity without mentioning the possibility of the realization of right to remedial secession. In fact, the Council has always given an unconditional guarantee to central governments and thereby has lost its pressure tool on these states to grant appropriate privileges to secessionist groups in order to persuade them to abandon their secessionist demands. On the contrary, through implicit recognition of remedial secession as the last resort and after the deadlock of negotiations, this organization has had a relatively successful performance in Kosovo problem and impeded the continuation of an endless crisis. It appears that the report-card of this Organization in this regard is neither black nor white; it is grey and this leaves us in a world of fears and hopes.
    The basic rights of the people are in fact the human rights that have a divine origin and every human being based on inherent dignity deserves to apply its examples. Regardless of the weak ambiguities that have been raised about... more
    The basic rights of the people are in fact the human rights that have a divine origin and every human being based on inherent dignity deserves to apply its examples. Regardless of the weak ambiguities that have been raised about litigation of economic, social and cultural rights versus civil and political rights, the basis of litigation itself is one of the basic rights of every human being and necessity requires that all types of rights be judicially claimable. In many cases, the fundamental rights of citizens are violated or violated by the government. In this regard, the general authority for grievance is the general courts of justice, but the Court of Administrative Justice, as a special authority, has jurisdiction over the complaints of the people against the government. The Court of Administrative Justice has the authority to issue a mandatory sentence regarding the omission of actions in case actions and decisions, as well as to consider the damages caused by omission, but it has no jurisdiction over general approvals regarding omission. Also, according to current laws and the principle of narrow interpretation in criminal law, criminal courts can only deal with acts that lead to the violation and violation of the fundamental rights of the people, and leaving the government to act in these cases is not criminalized.
    The pinciple of universal jurisdiction, applied in international criminal law for many years, can complement international justice as an important mechanism. In addition to complementing the jurisdiction of international criminal courts,... more
    The pinciple of universal jurisdiction, applied in international criminal law for many years, can complement international justice as an important mechanism. In addition to complementing the jurisdiction of international criminal courts, universal jurisdiction guarantees the widest jurisdiction for national courts to deal with important international crimes including genocide, crimes against humanity and war crimes, on the premiss that these crimes harm international public order. Three essential steps are needed to implement this principle: the existence of a specific context for universal jurisdiction, a clear definition of crime and its elements, and national law-enforcement procedures that allow national judicial authorities to exercise jurisdiction over these crimes. Therefore, national courts can exercise universal jurisdiction only when the government has enacted legislation which authorizes its application. The main question in the present study is how can Iranian courts exercise universal jurisdiction, and what kind of universal jurisdiction does Iran believe in? The answer can be found in both general (Articles 3 and 9 of the Penal Code) and special laws (such as the Bill on International Crimes). The current study applies a descriptive-analytical approach to investigate the principle of universal jurisdiction, the Islamic Penal Code, and other relevant laws to clarify the universal jurisdiction of the Iranian courts regarding international criminal law.
    The constitution is a national pact and as such must be more consistent than other laws and no event, or changing of taste or time should be allowed to change it. That being the case, the passing of time, new needs, and inefficiency of... more
    The constitution is a national pact and as such must be more
    consistent than other laws and no event, or changing of taste or time
    should be allowed to change it. That being the case, the passing of
    time, new needs, and inefficiency of the constitution when facing
    changes cannot be overlooked. Also, the real owners of the
    constitution are the people, and the right to govern is given to
    governments by the people. The purpose of this research is to
    propose an argumentative framework to justify the new generation’s
    right to demand changes in the constitution. The basic question of
    the research is how can the new generation’s demand right be
    accepted in relation to the principle of constitutional stability? Based
    on the hypothesis of the research, the new generation’s right to
    demand constitutional change is accepted in the framework of the
    changeable principles of the constitution of the Islamic Republic of
    Iran. In the present study, the descriptive-analytical method is used
    to investigate the relationship between generations’ demands and the
    constitution. The results of the research indicate that the
    unchangeable articles of the constitution are absolutely permanent
    and there could be no demand for amending them, but the
    changeable articles can be amended in light of new generation’s right
    to demand constitutional changes.
    Globalization and emergence of global governance have changed the traditional structures of international law. As the result of a gradual undermining of the border between the domestic and international law and the expansion of... more
    Globalization and emergence of global governance have changed the
    traditional structures of international law. As the result of a gradual
    undermining of the border between the domestic and international
    law and the expansion of interaction between global actors, having
    the mechanisms to manage them is necessary, mechanisms which
    create global administrative law. One of the important purposes of
    this new order is to increase the accountability of international
    organizations to external stakeholders, especially people and civil
    Society. Accountability as a new concept, has conjoint components
    ie participation, transparency, complaint. Application of these
    elements in international organizations system will increase the
    legitimacy of these actors.The question is, what is the practical status
    of accountability in international organizations? To answer this
    question, at first the article to describe the concept of accountability
    using the descriptive method, and then with analytical method and
    by virtue of the practice of some international organizations evaluate
    the status of accountability`s elements. The article finds that under
    pressure of public opinion and growth of the rule of law in
    international law, accountability have been applied sporadically in
    some international organizations but its integrated implementation
    international organizations, the strengthening of global
    administrative law is an undeniable necessity.
    Article Type: Research Article Global environmental crimes could destroy human life; thus, they can be considered as major international crime. In the years since World War II, close attention has been paid to the importance of the... more
    Article Type: Research Article Global environmental crimes could destroy human life; thus, they can be considered as major international crime. In the years since World War II, close attention has been paid to the importance of the environment as well as its health. In various treaties, support and protection of environment against war, chemical and nuclear weapons, as well as other crimes were emphasized. The author of this article believes that in order to prevent environmental crimes, they should be recognized as criminal offences and the perpetrators be punished. Only then they can be classified as separate international crime. Moreover, recent developments in the International Criminal Court's approach to environmental crimes make it possible for the Court to recognize them as a separate crime and define its policy in its Statute. As a result, this article seeks to explain the possibility of identifying crimes against the environment as separate crimes.
    The international law system based on groundbreaking human-rights standards-which has amounted to a fundamental change in the international legal values from an outward view (state to state) to an inward view (state to nation)-has... more
    The international law system based on groundbreaking human-rights standards-which has amounted to a fundamental change in the international legal values from an outward view (state to state) to an inward view (state to nation)-has compelled all states to change their approach in domestic legal system. Moreover, to protect their identity as a civilized member of international community all states are anxious to coordinate domestic rules and regulations with progressive human-rights standards. National courts are among the main sources by which international legal standards can penetrate into national legal systems. In this paper, based on hypothesis that national judicial decisions have an evident impact on the settlement of national and international conflicts, it will be argued that by interpreting laws in line with international legal sources, national courts can strengthen human rights related standards. This role is compatible with two main theories namely, coordination and prioritization between national and international sources both of which lead to the convergence of national and international legal systems.
    Since the cyberspace has changed the concept of national sovereignty and political independence of states, the international community is obliged to react to it and protect cyber sovereignty. Thus, within the framework of international... more
    Since the cyberspace has changed the concept of national sovereignty and political independence of states, the international community is obliged to react to it and protect cyber sovereignty. Thus, within the framework of international law, the international community has foreseen the national jurisdiction to prosecute violations of cyber sovereignty in accordance with international criminal law as well as ancillary jurisdiction with due regard to governance considerations. At the first step the Tallinn's talks expanded the jurisdiction of the International Criminal Court by defining cyber-aggression as a violation of international peace and security and the principle of non-interference in the internal affairs of states (national sovereignty). The enhancement of the authority of this institution in accordance with customary international law in line with international criminal policy of countering impunity is done in order to maintain and restore international cyber peace and security.
    There is no doubt that during wars, women have not only been the victims, but they have also been considered as influencers. Thus, in many international activities they are the aims of many conventions and resolutions based on planning... more
    There is no doubt that during wars, women have not only been the victims, but they have also been considered as influencers. Thus, in many international activities they are the aims of many conventions and resolutions based on planning for protecting them and keeping their human rights. Of course, in the domestic level, there are a process of law making and policy implementation to defend women in the time of armed conflicts and after that, especially in the process of peace keeping. The authors with a critical approach examine different policies and programs in this respect in Iran and the US and show disparity between men and women in this regard. This inequality is mainly the result of functions of social and cultural infrastructures of the societies. Although in Iran the procedures of law making has many difficulties in its nature. The main question of this paper is that: what is the impact of gender consideration in the implementation of protective rules for the people who have been engaged in different stages of the war? The authors focus on positive discrimination to reduce neglected condition of women in this respect in Iran.
    The immunity of the state has a strong basis in customary international law. But the nature of these rules is not exactly obvious. Lawyers have different points of view on determining immunity as procedural or substantive rule. Twice the... more
    The immunity of the state has a strong basis in customary international law. But the nature of these rules is not exactly obvious. Lawyers have different points of view on determining immunity as procedural or substantive rule. Twice the International Court of Justice had the chance to evaluate the nature of state immunity and its probable conflict with substantive rules. The first time, in the case concerning Yerodia arrest warrant (Congo v. Belgium) in 2002 and the second time, in the case concerning the Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) in 2012. The question of this paper is whether the distinction between the procedural rule of immunity and a substantive jus cogens rule as is used by ICJ has a legal basis or can it be legally challenged? It will be argued that the ICJ approach in using the distinction can cause problems like descending the position of jus cogens and impunity for the perpetrators of the most serious crimes. Thus, the ICJ should be more cautious in using such a reasoning.
    In recent decades, various armed conflicts have created threats to the marine environment. The Gulf War of 1990-91, the Israeli attacks on The Jiyeh Power Station in 2006, and the massive oil spill in the Persian Gulf and the... more
    In recent decades, various armed conflicts have created threats to the marine environment. The Gulf War of 1990-91, the Israeli attacks on The Jiyeh Power Station in 2006, and the massive oil spill in the Persian Gulf and the Mediterranean Sea have all caused serious damage to the marine environment. The need to prevent, reduce and control pollution of the marine environment as a result of armed conflict is an important task for international humanitarian law. The purpose of this study is to explain the challenges faced by international humanitarian law in the protection of the marine environment. The findings of the paper show that international humanitarian law faces significant normative gaps in this field that seriously affect its ability to protect the marine environment. The appropriate responses to maritime environmental challenges during armed conflict include: adoption of precautionary measures, applying the Martens clause, updating pertinent provisions, explaining the scope of existing norms and conclusion of new provisions governing armed conflicts as regards maritime environmental protection.
    The exceptional characteristics of Iran's nuclear case, in terms of compliance with the safeguards agreement, enforcement of IAEA's competencies, UN Security Council engagement with the case and the eventual agreement called JCPOA,... more
    The exceptional characteristics of Iran's nuclear case, in terms of compliance with the safeguards agreement, enforcement of IAEA's competencies, UN Security Council engagement with the case and the eventual agreement called JCPOA, continues to be the focus of scholars and commentators. Moreover, the continuation of the case and the current challenges for JCPOA, further mark the importance of examining the reporting procedure of the IAIA to the UN Security. Focusing on the period from beginning of the case up to reporting it to the Security Council, this article tends to review the basis of IAEA reporting to the Council with reliance on the documentary sources.
    Since 2015 and the peaking of the EU's refugee crisis, the Common European Asylum System (CEAS) has been seriously challenged. In this crisis, the role of the EU's highest judicial authority, the Court of Justice of the European Union... more
    Since 2015 and the peaking of the EU's refugee crisis, the Common European Asylum System (CEAS) has been seriously challenged. In this crisis, the role of the EU's highest judicial authority, the Court of Justice of the European Union (CJEU), has been crucial. In this descriptive-analytical paper, the cases referred to the CJEU on refugee crisis after 2015 have been analyzed, to answer the question: from the perspective of CJEU practice, to what extent the CEAS has succeeded in managing the EU's refugee crisis? The CJEU's case law has shown a sort of dichotomy that sometimes leans towards fundamental rights and sometimes in favor of the CEAS. Along with the gradual evolution of the court's judgments related to the interpretation of the CEAS, the dichotomy is being resolved in favor of fundamental rights, which indicates the need for substantial reform of the CEAS. Due to the need of reforming and updating the Foreign Nationals law of Iran, in light of the CEAS's trial and error, this paper provides a suitable basis for formulating a set of efficient laws for this purpose.
    Indigenous rights are a set of rights that take the indigenous peoples particular situation into consideration and define certain standards to preserve their lives, territories, languages, religions, and other cultural heritage, all of... more
    Indigenous rights are a set of rights that take the indigenous peoples particular situation into consideration and define certain standards to preserve their lives, territories, languages, religions, and other cultural heritage, all of which constitute their identity. The present paper raises the question whether investment in development plans and projects threatens the rights of indigenous peoples or not? If so, which rights are threatened by them, and what are the bases for such claims in international law? Furthermore, what is the solution for balancing the rights of the indigenous people and the rights of the investor? This study, by examining the 1989 ILO Convention No. 169 (Indigenous and Tribal Peoples Convention) and the 2007 United Nations Declaration on the Rights of Indigenous Peoples, seeks to propose that development and investment programs affecting the indigenous peoples must be implemented after consulting with them and in accordance with the rights specified in legal instruments. The study will also propose ways to balance the rights of the indigenous peoples and the rights of the investors.
    As "work" is a creative, productive and transformative act, leisure activities are also an individual's relatively spontaneous and free activity to self-recreation, self-expression and self-recovery. Several components such as reasonable... more
    As "work" is a creative, productive and transformative act, leisure activities are also an individual's relatively spontaneous and free activity to self-recreation, self-expression and self-recovery. Several components such as reasonable working time, a specific time for rest, periodic leave, and vacations and holidays will enable workers to leisure from working and as well as guarantee their health, safety and efficiency. International human rights law focuses on this issue and recognizes rest and leisure as a human right as provided in some universal and regional instruments. Article 24 of universal declaration of human rights and article 7 of International Covenant on Economic, Social And Cultural Rights are seen as the most important sources for this purpose. This right of the worker and the obligation of states to guarantee this right for workers ensures their human dignity. This paper analyzes the requirements of the right to rest and leisure and examines the obligations of states to realize and ensure this right for workers.
    European democracies see themselves as defenders of political freedoms including the freedom of all political parties. This, however, does not mean that all parties operate in complete freedom. The law in these regimes identify a... more
    European democracies see themselves as defenders of political freedoms including the freedom of all political parties. This, however, does not mean that all parties operate in complete freedom. The law in these regimes identify a phenomenon known as "antisystem parties", whose activities are prohibited. In this paper, we will attempt to answer the following question by studying the legal systems of Spain, Germany and Italy: how is the relationship between freedom of association and the dissolution of anti-system parties characterised in European democracies? Based on a descriptive-analytical and comparative study, it seems that the rational for dissolving anti-system parties is guaranteeing freedom of association itself; as anti-system parties do not adhere to political pluralism, if they came to power this will lead to the abolition of other parties or the violation of their freedoms. On the other hand, the existence of this strong tool to defend the system entails the risk of abuse by the established order. Therefore, democracies must establish a reasonable balance between freedom of association and the supression of anti-system parties, namely by using the dissolution tool only in exceptional cases and under strict and precise rules.
    Despite increasing armed conflicts and the resulting damages to civilians, including foreign investors, no specific regime has been envisaged in international law to compensate for such damages to investors. As a result, for reparation of... more
    Despite increasing armed conflicts and the resulting damages to civilians, including foreign investors, no specific regime has been envisaged in international law to compensate for such damages to investors. As a result, for reparation of damages caused by armed conflicts, investors resort to the so-called war clause in investment treaties as well as the general international law on reparation for wrongful acts. But this practice, as will be argued, has many ambiguities that may affect the rights of both the host state and the investor. While sovereignty considerations such as public order or national security can make it difficult to prove government responsibility in armed conflicts, the war clause provides an additional layer of protection for investors, but does not eliminate traditional investor-protection standards. All the same, the war clause makes the investor's right to reparation subject to strict requirements, such as proving the cause of damages and absence of military necessity, which is difficult in armed-conflict situations. It would be more sound to burden the state that has used military force with proving military necessity. In evaluating the damages, arbitration courts are expected to pay attention to emergency situation and its impact on the interests of both parties.
    Public opinion is one of the tools through which public oversight of the state is exercised. Public oversight of the state, in turn, is one of the most important mechanisms for guaranteeing citizens' rights and maintaining the stability... more
    Public opinion is one of the tools through which public oversight of the state is exercised. Public oversight of the state, in turn, is one of the most important mechanisms for guaranteeing citizens' rights and maintaining the stability of the state. Public opinion can turn into civil disobedience if it is truly formed and ignored by the state. Citizens' enjoyment of social freedoms, the form of government, the manner by which state authorities are elected, are among the factors influencing the formation and influence of public opinion as one of the most important elements of power control in any country. Explaining the role of public opinion in controlling state power, this research examines how public opinion is formed and how it exerts influence. The paper will also study the exercise of supervisory power by public opinion from the perspective of public law.
    Undoubtedly, International Court of Justice as the principal judicial organ of the United Nations and also one of the highest international forums with general subject-matter jurisdiction has had an important role in development of... more
    Undoubtedly, International Court of Justice as the principal judicial organ of the United Nations and also one of the highest international forums with general subject-matter jurisdiction has had an important role in development of international law for decades. In spite of ICJ's core role in the development of international law, the legitimacy of this contribution has always been contested by some scholars. It is obvious that ICJ is not and could not be a legislative body in international law, but through of its judicial capacity the ICJ has developed existing rules and clarified the vague customary rules. In this respect, the legitimacy of those decisions or practice has always been questioned. As this article argues, ICJ through its high position in the international dispute settlement system and also its justification capability, has obtained enough legitimacy of the development of international law and such legitimacy has been approved by international community.
    Supervising administrative contracts is necessary for an administrative system to provide efficient services to the public. It is important to note that administrative contracts are the most significant gate to corruption in governmental... more
    Supervising administrative contracts is necessary for an administrative system to provide efficient services to the public. It is important to note that administrative contracts are the most significant gate to corruption in governmental administrations. Therefore, controlling this kind of corruption is essential for increasing the efficiency of the government and protecting the rights of the public. Supervising administrative contracts is a legal mechanism which prevents corruption by high-ranking officials and guarantees public rights. In this paper, the characteristics of administrative contracts and the methods and bodies for their oversight within the Iranian legal system will be examined. The findings of the study show that in Iranian legal system, the oversight of administrative contracts is insufficient due to ambiguities in the relevant laws and regulation and the lack or weakness of exclusive supervisory authorities. It seems that the enactment of a specific law on the oversight of administrative contracts will solve this problem.
    Sand and dust storms deeply affect Middle Eastern countries in social, economic and development terms. Iran and its neighbors are particularly impacted by these storms. Based on the study the international environmental obligations of... more
    Sand and dust storms deeply affect Middle Eastern countries in
    social, economic and development terms. Iran and its neighbors are
    particularly impacted by these storms. Based on the study the
    international environmental obligations of Iran, Iraq, Saudi Arabia
    and Turkey, this paper attempts to find a legal solution to the
    problem of sand and dust storms in the region. International
    obligations and domestic regulations of other countries in the region
    have also been studied. Iran, Iraq, Saudi Arabia and Turkey have
    accepted the responsibility to combat sand and dust storms by
    undertaking international environmental obligations. However, the
    main question is how these potential commitments could be
    transformed into action. To answer this question, the domestic laws
    and international obligations of these countries must be studied so
    that the best solutions with the least cost can be presented.
    The cyberspace is a human ecosystem that is extremely complex. In such a space different paradigms, approaches and methods of regulation are possible. The regulatory paradigms of the cyberspace are based on two basic approaches, namely:... more
    The cyberspace is a human ecosystem that is extremely complex. In such a space different paradigms, approaches and methods of regulation are possible. The regulatory paradigms of the cyberspace are based on two basic approaches, namely: cyber paternalism and cyber libertarianism. Under these two paradigms, different models for regulating the relationships of the cyberspace actors exist. This paper seeks to answer the fundamental questions of how law-making can take place in the dynamic, complex, and networked environments of the cyberspace? And which model can be applied as a desirable framework for regulating the cyberspace? The present study, which uses a comparative and descriptive method, evaluates different models of cyberspace regulation in order to obtain the desired model for Iran. The results show that due to the uncertainty and complexity of the cyberspace, a dynamic and flexible regulatory framework should be considered as a suitable regulatory model for the cyber environment both nationally and internationally. While Iran's approach to regulating the cyberspace at the national level should be based on the paternalistic paradigm, its approach at the international level should follow libertarianism.
    On Tuesday, 19 April 2022, the Greek Coast Guard seized a Russian-owned oil tanker named Pegasus in the waters off the Euboea Island. It had adopted the Iranian flag and changed its name to Lana just before the Greek action. The seizure... more
    On Tuesday, 19 April 2022, the Greek Coast Guard seized a Russian-owned oil tanker named Pegasus in the waters off the Euboea Island. It had adopted the Iranian flag and changed its name to Lana just before the Greek action. The seizure of the ship was initially carried out under European Union sanctions against Russia in connection with the attack on Ukraine. However, pursuant to a request by the US Department of Justice-which claimed the tanker's oil cargo was Iranian and subject to US sanctions-the seizure was continued and a part of the cargo was delivered to the United States. After the seizure of Luna/Pegasus, Iran tried to release the ship through diplomatic and legal measures, but these measures were unsuccessful due to Greece's refusal. Thereupon, on 27 May, Iran seized two Greek oil tankers in the Persian Gulf called Prudent Warrior and Delta Poseidon. The purpose of this paper is to examine the legality of Iran's seizure of the Greek oil tankers from the point of view of international law, specifically in terms of the law of countermeasures. Using a descriptive-analytical method and collecting information from library and documentary sources, the paper finds that in response to the actions by Greece and the United States, Iran had the right to take countermeasures within the framework of international law, and its seizure and detention of the two Greek tankers did not entail international responsibility.
    Political-legal theories about government are mostly based on fundamental principles, which shape the content, form and structure of the state. Meanwhile, principles that are legal in nature of are somehow associated with legal rights... more
    Political-legal theories about government are mostly based on fundamental principles, which shape the content, form and structure of the state. Meanwhile, principles that are legal in nature of are somehow associated with legal rights have a great influence on good governance. In this paper, the legal principle of "government accountability" as conceived in the thoughts of Shaheed Sadr and Ayatollah Khamenei will be examined. The paper is based on two assumptions. Firstly, government accountability is a universally accepted rational truth. Secondly, both thinkers share a similar viewpoint about the accountability principle as they are influenced by the same sources. However, their views differ on how the principle should be implemented. Their differences are more related to the realities of their lifetimes, rather than intellectual and theoretical basis.
    Maintaining international peace and security is considered to be the mission or at least one of the primary missions of the United Nations. As such, the rules and principles of the United Nations, as reflected in the UN Charter, are... more
    Maintaining international peace and security is considered to be the
    mission or at least one of the primary missions of the United
    Nations. As such, the rules and principles of the United Nations, as
    reflected in the UN Charter, are directly and indirectly tied to
    international peace and security. This contribution will study the role
    of the International Court of Justice in fulfilling this mission. After
    examining the conceptual evolution of international peace and
    security, the paper will examine the capacity and performance of the
    ICJ, as a court with international jurisdiction on a global scale and a
    pillar of the United Nations. As the main judicial organ of the United
    Nations, the ICJ plays an important role in maintaining international
    peace and security by way of its judgements and advisory opinions.
    It will be argued that due to the ICJ’s effect on the development of
    international law, the court plays an indirect but crucial role in
    maintaining international peace and security. It will also be argued
    that the court can play an even more active role in maintaining
    international peace and security through so-called normative
    supplementary jurisdiction.
    Making public officials accountable in terms of their powers and jurisdiction is an obvious necessity, which is done in different ways by various institutions. Political adjudication is considered as an effective mechanism to hold public... more
    Making public officials accountable in terms of their powers and jurisdiction is an obvious necessity, which is done in different ways by various institutions. Political adjudication is considered as an effective mechanism to hold public authorities accountable and is used along with other mechanisms such as questioning, impeachment, censuring of the government, and judicial and administrative oversight. In this paper, using a descriptive-analytical approach, the nature, history and function of political adjudication as a monitoring mechanism against high officials in presidential as well as parliamentary systems will be examined. Political adjudication is a process of investigation and prosecution of crimes and infractions committed by a high-ranking official done by a political body which results in a political verdict.

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