درخت حوزه‌های تخصصی

Environmental risks and conflicts in the framework of the relations between countries and subsequently their role-playing in interaction and collaboration or conflicts and struggles between political actors especially in the level of states have reproduced serious discussions and disputes on the environment, security, and power which are interpreted as environmental geopolitics or ecopolitics by modern political geography. Geographically, the Persian Gulf is a semi-enclosed sea that has a very low capacity of self-dredging in comparison to that of high seas; hence, it retains the pollutants for longer periods of time. Some of its environmental problems arise from the various activities of the people residing along the northern and southern shores. If the situation is exacerbated by the factors such as oil and its subsequent pollutions, militarism and its subsequent destruction, desalination of seawater, and the construction of artificial islands, one can conclude that regional convergence between the countries neighboring this body of water in the process of bioregionalism would be of an essential necessity. According to the research findings, states acting in the geopolitical region of the Persian Gulf to produce power, security and to sustain them, from one hand, and to protect this shared aquatic ecosystem in the event of sustainable development, from the other hand, should mobilize all collective cooperations and operationalize the bioregionalism in regional and supranational scales.

Often when speaking of supporting vulnerable victims, including women, everyone's offender-oriented approach turns to a specific criminalization or aggravation of punishment, however the question is whether such an approach is in the best interest of the victim and will lead to maximum support for her. It seems that constant recourse to criminal intervention is not only insufficient for stopping victimization of women, but sometimes criminal intervention apart from significant costs can lead to aggravation or recurrence of victimization.  It seems that providing extra-criminal protective options, decriminalization, or depenalization of behaviors that some women are forced to commit in certain circumstances provides better protection for women victims rather than focusing solely on criminal punishment. In this article, an attempt has been made to use analytical-descriptive method, while referencing the current criminal law and its shortcomings in protecting women victims, to suggest some measures such as decriminalization of abortion after rape or accepting extra-criminal options in crimes including domestic violence in light of restorative justice teachings as an alternative or supplementary approach.  

The right to attorney in judicial proceedings is one of the basic procedural rights that serves substantive rights. The question that can be raised here is “What is the meaning and characteristics of the attorney in administrative proceedings? Using a comparative and analytical method, the present article seeks to answer the above question. The findings of this article show that the British and Australian legal systems do not recognize the right to attorney in administrative proceedings as an absolute right. If the laws do not recognize the power of attorney in the administrative proceedings, it will be up to administrative courts. However, in cases where procedural fairness requires this right, the courts are sensitive to it in their judicial procedure. The procedure of the European Court of Human Rights also shows that the concepts of fairness of the proceedings and the right to attorney have been extended to administrative proceedings as well. In the Iranian legal system, the attorney is one of the basic procedural rights recognized by the Constitution and according to the approach of the Guardian Council, this right can be extended to administrative courts as well. The judicial procedure of the Court of Administrative Justice also confirms this approach and treats it as a judicial proceeding.

Following the terrorist attacks of 9/11, the International Maritime Organization (IMO) was faced with the issue of maritime security against terrorist incidents. Accordingly, it adopted the International Ship and Port Facility Security Code (ISPS Code) in December 2002 as part of the International Convention for the Safety of Life at Sea (SOLAS 1974- as amended) in order to increase maritime security through fulfilling its regulations by Contracting Governments. This Code, entered into force on 1 July 2004, provides a set of regulations for ship and port facility security. The first part of this paper focuses on the introduction and analysis of the key regulations of the ISPS Code. The second part of this paper focuses on the successful practices of two Contracting Governments, namely Malaysia and South Korea. Accordingly, this paper evaluates the enforcement of the regulations of the ISPS Code by concentrating on these two countries in East Asia in order to measure the effectiveness of the Code in enhancing maritime security of these two countries. This paper concludes that to achieve the objectives of the ISPS Code, all Contracting Countries should fully implement its regulations and for achieving a higher standards in maintaining maritime security they are advised to take advantage of the experiences and practices of such successful countries as Malaysia and South Korea in fulfilling the regulations of the ISPS Code. The research method applied in this paper is based on the descriptive - analytical method.

The global issue of Sustainable marine fisheries is considered as common concern to humankind. The emergence and persistence of noncompliant fisheries practices conveniently labelled ‘Illegal, Unreported and Unregulated fishing’ (IUU fishing), is of particular concern for the international community, regional fisheries management organizations and coastal states. The International Tribunal for Law of the Sea (ITLOS) in its first full-bench Advisory Opinion in 2015 found that Arts. 62(4), 58(3), 192 of the United Nations Convention on the Law of the Sea (UNCLOS) contain obligations for a flag state to ensure that vessels flying their flags do not engage in illegal fishing in the exclusive economic zones of coastal states. By this explanation, the Advisory Opinion initially has clarified the inadequate international fisheries law regime through ITLOS interpretive approach, which this paper attempts to examine by applying an exact legal scrutiny. The framework set by the Tribunal may allow States affected by IUU fishing, to exert greater pressure on flag states, particularly flag states of convenience, that do not comply with their responsibilities under UNCLOS. This paper suggests that the regulations on IUU fishing under international law should be enhanced and revised in order to draw an appropriate solution suitable for sustainable fisheries management.

Since the adoption of the Cairo Declaration of Human Rights in Islam (CDHRI) in 1990, there was an ongoing debate between Western and Muslim states regarding the compatibility of its provisions with human rights standards. The adoption of Ten-Year Program of Action in 2005 was a turning point in the OIC human rights agenda. The establishment of the Independent Permanent Human Rights Commission (IPHRC) paved the way for the revision of the CDHRI in 2020 and it was described as a monumental success. This article shall review the in which the OIC has re-engaged to human rights after 30 years of controversies with a descriptive and analytical method. First, we will study the general framework of the revised Declaration and the challenges of the adoption process, and then we will evaluate the changes made in its content by comparing the two declarations. The paper concludes that the revised declaration may bring OIC human rights rhetoric in alignment with UN human rights language, nevertheless, the IPHRC failed to carry out its mandated task in bringing human rights standards in harmony with Islamic teachings and values, especially where it simply copied and pasted the text of international human rights instruments.

The world witnessed a change in the arrangement of international actors after the Second World War and the rise of international organizations in the international landscape. The International Maritime Organization (IMO) was one of these entities, acting as the UN specialized agency in maritime affairs. This study mainly aims at reviewing the regulatory role of the IMO, particularly the Port State Control (PSC) regime, by addressing its concept, as well as the legal basis and the control procedures. This mainly descriptive–inductive study describes and analyzes the legal bases of the PSC. Generally, IMO is identified with two types of functions: legislation and regulation. IMO’s regulatory function is reflected in two main tools, namely, the Audit Scheme of its Member States and Port State Control (PSC). With its supplementary nature, PSC is in fact an efficient maritime system for the safety and protection of the marine environment, encouraging states to watch for the safety of ships other than those flying their flags, especially those visiting their ports. This control system has led to an effective and efficient implementation of IMO rules and regulations.

Today, there is a need for a new approach toward the sea and sea-based sustainable development. Alfred Mahan, by presenting the theory of Sea Power, made the politicians pay special attention to the sea and navigation. To present the theory of Maritime Civilization, a theory building framework was used. The framework includes three steps, from the Descriptive stage (Observation, Categorization, and Association), to the Normative stage, based on the theoretical basis of the research. The present study, while confirming the positive points of the Alfred Mahan''s Sea Power theory, criticized the nature of thoughts behind the theory. By extracting the necessary terms from literature and research background confirming the positive and negative points of the Sea Power theory and by considering the framework of theory building in Management Science research, a theory called "Maritime Civilization" was presented instead of the Sea Power theory. The results of the study indicated that Sea Power theory has good positive points, however, Alfred Mahan''s approach to the sea is an authoritarian and domineering perspective that, firstly, contradicts values and ethics; secondly, the present discussions about sustainable development and the Green Environment criticize the Sea Power theory. Thus, the theory of Maritime Civilization is presented, according to which the maritime civilization is a civilization in which the intellectual, scientific, industrial, social, economic and political movements are created in conjunction with the sea and the marine environment. Using a set of capacities and resources, this civilization seeks to enjoy a sustainable sea exploitation in order to turn the human and the marine community into a peaceful community. This is a preliminary theory, and for assessing its validity, the views of five experts from the Marine Science universities were used, which necessitates further investigation by other researchers in the future

All various functions of the International Maritime Organization (IMO) can be categorized into two types: legislation and regulation. IMO’s regulatory function includes different processes with various objectives, principles, and mechanisms. This study investigates one of the main IMO regulatory tools, namely, the Mandatory Audit Scheme of its Member States, by studying its objectives, principles, and processes. In general, this regulatory tool has evolved in the historical course of its formation, transforming from a self-reporting tool to a voluntary and then a mandatory one. The Mandatory audit process is also performed based on specific principles. Accordingly, each flag, coastal, and port state has unique responsibilities in addition to their general duties. Overall, the tool contributes to enhancing accountability of IMO Member States regarding their obligations under IMO Conventions. Moreover, it helps the governments identify problems regarding law enforcement as well as applicable maritime safety and environmental standards, including issues that have helped IMO develop its capacity to meet its objectives.