درخت حوزه‌های تخصصی

Localization of sustainable development goals could reasonably provide a framework to how local and regional governments meet their requirements in respective jurisdictions. Due to the importance of the environment protection in the process of the “sustainable development”, it is crucial for the states to include sustainable development goals in their regulations, laws and policies. In this perspective, presenting new approaches is utterly requested to protect the maritime environment of the Persian Gulf from destruction and degradation. Undoubtedly, there are a number of challenges and obstacles regarding the localization of SDGs in this region that the present paper will examine the strategies for addressing them. In fact, if environmental rules are internalized as a part of the domestic legal system, they will become more prominent and will be more respected. For this reason, one of the fundamental goals of this paper is to elaborate a suitable methodology to explain and design localized indicators of development sustainability at the regional level of the Persian Gulf. The main goals of sustainable development are to attain durable development in maritime areas in which efforts are made to provide a balance between economy, community and the marine environment.

My study is about the Islamic reservations to the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) and their compatibility under the regime of the Vienna Convention on the Law of the Treaties (VCLT). It is focused in the substantive reservations invoking Shari’a Laws entered by some Muslim countries to the central articles of the Convention which are, therefore, impermissible as incompatible whit the object and purpose of the Convention. I highlight the paradox of maximizing the Convention’s universal application at the cost of compromising its integrity and how substantive reservations to the CEDAW provisions, tolerating discrepancy between states’ laws and practice and the obligations of the Convention, pose a risk to the achievement of the Convention’s goals. I also question if the compatibility criterion of the VCLT is effective in view of acceptance of some substantive reservations of a derogatory nature I consider that the “object and purpose” test is subjective, the practice by the objecting states is not uniform and that looking at those which are (or are not) the objecting states in respect of a particular reservation, it is evident how political or extralegal considerations intervene when states evaluate the compatibility of reservations. I especially focus on the paradox of the objections to a reservation which have the same effect as an acceptance when the objecting and reserving states are still maintaining treaty relation. Therefore, there is no difference in the legal effects of a reservation accepted and one objected without opposing the entry into force of the treaty between itself and the reserving state. I further analyze how reservations invoking Shari’a Law entail conflicting norms (freedom of religion and equality rules). Recalling the view of the “balancing of interest” I argue that it could be a reasonable approach, but in practice it is difficult to find some sort of equilibrium not prejudiced against women. I then analyze if these reservations are suggestive of a wider ideological conflict between women’s rights enunciated in Islam and the ones formulated under the human rights treaties, and how they are representative of the women’s situation in the reserving states. I question what are the motivating factors behind the decision to reserve and if the reservations should be seen in the broader political and socio-economic perspective of domestic and international context? I then ask if the States ratify the Convention affording its objectives as a real commitment or if they only do so at political opportune moments? I consider that is not Islamic religious beliefs, but evolving political situations which are the determinant factors in making these kinds of reservations. I finally analyze the work of the CEDAW Committee considering its efforts disappointing as many of the new Muslim states parties did not pay attention to the criteria set out by the Committee, continuing  to enter either very general reservations or reservations to specific substantive articles. The new states parties with a predominantly Muslim population referred to the Islamic Shari’a Law as prevailing over the Convention without mentioning any specific articles, clearly not following the Committee’s recommendations in the formulation of impermissible reservations.

Democracy is a much used and abused word. As a possible structure of political organization, democratic concepts are very much under debate in Muslim countries. Democracy in a western sense has become associated with a forceful “democratization” of the Middle East, which in effect has brought war and various forms of foreign domination to crucial areas of this sensitive region. However, up to now democratic structures are an exception in Muslim countries. Due to historical developments during the past centuries, there seems to be a lack of theoretical backing for democracy in the culture of the Middle East. This is surprising, because Islam, from its beginning, has offered the model of shura (consultation), which can and should be developed to serve modern governance. Especially Shi'ism can offer a theological backing through interpretations and explanations conducive to the formation and implementation of an Islamic democracy. In Imam Ali's (a.s.) letter to Malik al-Ashtar, we find a beautiful outline of what today is called “good governance”. Moreover, Shi'ism postulates the Imamate of the Mahdi (a.s.) as a just rule to-come. In the absence of the Imam-e zaman, an Islamic democracy should prevail with full participation of Muslims. But how is it possible to organize a modern Muslim country democratically? In addition to a working government and a majlis or parliament formed on the basis of elections, the expertise of religious scholars is needed – scholars who are capable of Ijtihad, so that they can find answers to the needs of present-day life in the wake of ongoing social change. In an Islamic polity, the period of awaiting al-Mahdi al-muntazar requires active participation of the people, since unless there is widespread readiness to support the good cause, the Mahdi will not appear. This participation is a basic human right and also a duty of men and women. For this purpose, every individual should have the opportunity to develop his/her moral, religious and cultural consciousness and the social and political awareness through education and self-education, so that citizens may fulfil their social and democratic responsibilities within the framework of Islam.