درخت حوزه‌های تخصصی

This study examines the legal foundations, legitimacy, and effectiveness of Western sanctionsimposed on Russia in response to its actions in Ukraine. It assesses these measures underinternational law, evaluating their compliance with principles governing economic coercion,state sovereignty, and lawful enforcement. Through doctrinal analysis, the study explores thesanctions’ influence on Russia’s foreign policy and military strategy. Findings suggest thatwhile early sanctions induced considerable economic strain, Russia has adapted by diversifyingits economy and deepening trade relations with non-sanctioning states. Though often framedas lawful countermeasures under international law, the actual effectiveness of these sanctionsin constraining Russia’s military ambitions remains contested. The study identifies key legaland policy considerations affecting the impact of sanctions, including proportionality, globaleconomic interdependence, and the mitigating role of major powers such as China. Ultimately,this inquiry calls into question the long-term viability of both unilateral and multilateral sanctionsas reliable instruments of coercive diplomacy within the framework of international law.

“Prolonged Occupation and International Law”, published in late March 2023 by Brill Publishing House, is a landmark collection of essays on the Israeli regime's protracted occupation of Palestinian territory. The 16-chapter book is a treasure trove of valuable contributions from eminent scholars, professors, lawyers, practitioners, and policymakers, including former UN Special Rapporteurs. The book has received acclaim from several legal scholars, including William A. Schabas, Professor of International Law, School of Law, Middlesex University, who has offered a glowing review, stating: “Scholarly and comprehensive, this impressive collection of essays by renowned experts...offers a tour d'horizon of the fundamental legal issues raised by Israel’s prolonged occupation of Palestine as well as potential remedies that can confront the illegalities.”  The book intends to draw international attention to the extraordinary length of the occupation of the Palestinian territory by Israel, which has now lasted more than half a century. Chapters in this book cover a broad spectrum of topics related to the prolonged occupation and Israel’s control, ranging from colonialism to apartheid. Authors unanimously assert the illegality of the occupation from day one, and emphasize that indefinite occupation and colonialism collide with the foundational requirement under international humanitarian law that the occupied territory be returned to the occupied population. The miscellany also underscores the critical importance of historical analysis in comprehending the root causes that have propelled Israel onto its current trajectory of apartheid, colonialism, and annexation. Unfolding the past - the book argues- is essential for addressing the intergenerational trauma and injustice inflicted upon the Palestinian people and ultimately achieving a just and durable resolution. This brief analysis will summarize the book's principal arguments and evaluate its key themes presented in two parts, followed by a critical assessment. 

Background and Theoretical Foundations: Throughout history, humanity has always been involved in numerous crises, including war and bloodshed, and their undesirable consequences and effects. Establishing peace and resolving conflicts has always been of interest to scholars, and accordingly, two main views have been put forward in this regard under the headings of "the originality of peace" or "just war". Meanwhile, sea bandits or piracy, which have a very old history and are as old as the history of human domination of the sea, have become a serious threat to the security of international trade in recent years, since 2008, due to reasons such as changing the behavioral pattern of pirates who often take hostages and extort money. The crime of piracy is one of the first international crimes with global jurisdiction, and has always been the subject of discussion among scholars of various legal systems. One of the important issues in this regard is how to establish peace or a just war with this phenomenon. Methodology: In this research, which uses a descriptive and analytical method, piracy was studied in a comparative manner from the perspective of just war theory in Islamic jurisprudence and international law. The data collection tools in this qualitative research are the use of library resources and texts, and electronic journals, with a common approach in identifying and critiquing the research conducted. Findings: It shows that the Islamic legal system and international law have presented mostly similar and sometimes different views in this regard, but ultimately, both legal systems support the observance of ethical and humanitarian principles. Conclusion: The results show that today, the issue of war is an important issue and challenge that can only be accepted when it is accepted as a just challenge in the international arena. Therefore, considering the principles of international law and the actions of pirates, in many cases there are many similarities with the term war in Islamic jurisprudence, and their behavior and actions, which often lead to the deprivation of sea security, can be considered as war, but observing the principles of just war is both essential and of fundamental importance in the Islamic legal system.