درخت حوزه‌های تخصصی

With the increasing development of the shipbuilding industry in the global arena, the need for the presence of foreign companies in this field and especially investment in it was felt more than ever. The benefits of the presence of foreigners and the existence of sanctions against Iran gave special importance to how the contract was concluded. However, considering that the contract is considered an indefinite contract and its limits and limits are agreed upon between the parties according to the freedom of will (Article 10 of the Civil Code of Iran). In this research, we considered the conditions of the representative and the duties of its parties against the third party to be important and examined. The authors have tried to process the subject by using a descriptive-analytical research method and library data collection method. What was obtained from this research is the need to pay attention to the representative's behavior and the limits of authority granted to the representative by the principle. Considering all the aspects mentioned in this research, a relatively reliable contract can be concluded.

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.

The South China Sea, along with the Korean Peninsula and the Taiwan Strait, is described as one of the three hotspots in East Asia because of its potential for conflict of interest and threat to peace and security. Therefore, the issue of its borders is of international importance. As a quasi-closed sea, it is home to numerous small islands and cliffs, as well as abundant living and non-marine reserves, as well as providing key maritime routes for commercial navigation. For these reasons, the sea has become the target of conflict between coastal countries and its neighbors. In this sea, the main issues in dispute are: 1- Border disputes over the determination of the lines of origin, the boundaries of the territorial seas and also the exclusive economic zone2. Territorial disputes over several islands, including the Paracel and Spratly archipelagos. Because of its superior power, as well as some unproven historical claims, China sets the nine-dash as the final line of its sovereignty, some of which extend as far as the coastal sea. The United States and the countries bordering the South China Sea strongly oppose this, as well as China's historic claims. The littoral states of the South China Sea consider the historic claims and the nine-dash claimed by the Chinese government to be contrary to the laws of the UN Convention. The United States, as a trans-regional player, also provides diverse support to coastal countries. In this research, with a descriptive analytical approach and using new sources, the disputed issues between the claiming countries have been studied and the role of the United States in terms of geopolitical competition has been analyzed.

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.  

Over the past few years, two events have radically transformed American identity and global perceptions of America with respect to human rights. The first of these is the detention of “enemy combatants” at Guantanamo Bay and the second is the abuse of prisoners at Abu Ghraib prison in Iraq. This paper considers how Guantanamo and Abu Ghraib have altered the intellectual and popular perceptions of human rights in America and abroad. The paper argues that the very different reactions to these events in the US and abroad suggest a move toward a relativist view of human rights in the US, limited by necessity and legality, but a universalist approach to human rights abroad. Moving toward a common global understanding of necessity and legality is critical to the pursuit of universal human rights. The reactions to Guantanamo indicate a growing acceptance in the United States of a relative conception of human rights. In the winter and spring of 2003, United States military forces at Abu Ghraib prison committed a range of often gruesome violations of Iraqi prisoners.

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.

The oceans which cover 70 percent of the Earth’s surface contain the most biologically diverse ecosystems on earth, we depend on the seas for our survival since they support life on earth. They are also essential for our economic prosperity, social well-being, and quality of life. Yet the marine environment is deteriorating fast. We need to find better ways of managing it. Over the last decade, significant advances in citizen science have occurred, allowing projects to extend areas beyond national jurisdiction. Perhaps, however, our greatest challenges are those that exist in the Areas Beyond National Jurisdiction (ABNJ), where management is reliant on international agreements and enforcement is likely to need remote monitoring methods using satellite technologies. In view of this development, the aim of this article is to provide some information on marine scientific research and examines the applicability of the marine scientific research (MSR) regime of the UN Convention on the Law of the Sea (UNCLOS). However, the MSR regime of UNCLOS is far from absolute freedom, it is conditional on responsibilities including, for example, providing the legal basis for setting up obligations such as conservation and sustainable use of the environment. The article concludes by outlining some of the issues that should play important role in the process of research.