Articles
مطالعات حقوق عمومی (24238120)(2)pp. 1081-1102
A holistic view of classical international law presents an image of a collection of scattered consensual rules, where coordination as a cohesive and integrated whole is not necessarily observed among these rules. Such a collection cannot benefit from a normative order that includes a hierarchy of rules and guarantees fundamental rights. Nevertheless, later legal scholars have described international law as a "system" of law. This research, employing a descriptive method, seeks to validate this claim and demonstrates that, firstly, the prevalent objectivism in all components of international law, alongside the multitude of active and passive interest-driven actors in the international community, seemingly hinders the acceptance of a structural system; secondly, newer approaches inevitably embrace subjective values, resulting in a goal-oriented convergence within the international community. The outcome of this thesis and its antithesis is that international law is still evolving, and a normative reading utilizing existing capacities enhances its structuring.
مطالعات حقوق عمومی (24238120)(1)pp. 475-497
Mankind's effort to not extend the scope of militarism to outer space on one hand and the fear of great powers from the superiority of competitors in space activities on the other hand caused the necessity of peaceful use of space to be repeated in almost all existing instruments about the activities of states in outer space, which has turned this necessity into a binding rule. The necessity of using this principle in media communication is even greater due to the numerous examples of using the media to promote war and the like. In addition, the use of media is closely related to human rights and states sovereignty. The question is whether the principle of peaceful use of space in media communication is valid and enforceable. The hypothesis that we seek to prove is the principle of the necessity of peaceful use of space in media communication to play the role of a filter in not turning the media into a means of harming the rights of individuals or the sovereignty of states.
مطالعات حقوق عمومی (24238120)(2)pp. 693-713
The concept of sexual crimes in times of armed conflicts has provoked a very serious debate in international criminal law. At the same time, the jurisprudence of ICTY and ICTR on issues such as victim’s consent has led to more progressive definitions of rape and other forms of sexual violence in the context of armed conflict. Nevertheless, the diversity of opinions delivered by the different branches of the two tribunals has foreshadowed further development in formulating coherent definitions of war-time sexual crimes. This study aims to address the developments underscoring sexual crimes in the jurisprudence of ICTY and ICTR. Employing an analytical descriptive approach, the paper argues that the silence of the tribunals' statutes on the question of sexual crimes has caused a qualification of these offenses under such headings as war crimes or crimes against humanity. Whether this is a welcome development or not, will be further discussed in this paper.
مطالعات حقوق عمومی (24238120)(3)pp. 1379-1400
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.
Rezadoost, V.,
Meidani, S.H.S.,
Abedini, A.,
Sobhani, M.,
Askari, P.,
Hosseinnejad, K.,
Zargarinejad, N.,
Maghami, A.,
Mashhadi, A.,
Asghrian, M. 2025 29th International Computer Conference, Computer Society of Iran, CSICC 2025pp. 233-261