درخت حوزه‌های تخصصی

“The Legal Implications of the United States' Strike on General Soleimani, His Associates and Iran's Response” offers a comprehensive examination of the assassination of General Soleimani from the perspective of international law.  This book sheds light on the subject by delving into the various dimensions of international law, including international treaty law, international criminal law, the use of force in international law, humanitarian law, and the fight against terrorism, with a focus on elucidating the act of terrorism committed by the United States. The book's strengths lie in its emphasis on international treaties and its reflection of Eastern thought regarding the assassination of an anti-terrorism hero within the framework of international law. Furthermore, the book seeks to establish legal convergence in the Middle East regarding the assassination of General Soleimani and to counter United States’ Lawfare against Iran's authorities. However, the book falls short in failing to address certain recent developments, such as changes in foreign policy after the Trump Administration, Iran's intention to bring the case before the International Court of Justice, and the conclusion of legal proceedings concerning General Soleimani's assassination in Iran and Iraq.

One of the pivotal concepts in Maritime Law is a ship’s seaworthiness. Not only its effect is not limited to one element of the shipping industry, but also affects Marine transport, Marine Insurance, Marine Pollution, Carriage of Goods by Sea, Liability, and all other respected bodies in shipping. The concept of seaworthiness has evolved over many years, but it is not clearly point to the exact coverage of seaworthiness in any particular stage of the ship voyage, especially while she is making her way through the fairways and channels to be finally alongside. The ship owner is obliged to provide a seaworthy ship which is the core in the carriage of goods by sea, included in charter parties, where the contract of carriage is between the ship owner and charterer. As seaworthiness is not usually defined in modern standard form charter parties, the meaning of the concept must be ascertained from cases being decided at common law. For this purpose, a large number of decisions of maritime courts were reviewed in order to know the main body of ideology of competent maritime courts to explain and interpret the concept of seaworthiness of a ship.As a result, it is important to analyze the position of the current law; the Common Law, the Hague/Hague-Visby Rules and Hamburg Rules, and the other related regulations, to assess the importance of this concept (As a duty), and how the courts dealt with it under the different types of carriage contracts. Furthermore, it would be important to assess whether the current law is sufficient to reflect the changes in the shipping industry in general, and especially after the introduction of the ISM and ISPS Codes which could considerably affect the carrier’s obligation; or if a desire for change in the law is needed to reflect the changes.

Regional and international environmental regimes are considered as one of the tools for protecting the environment. In classification of regimes based on the obligations of member states of a regime, they are usually divided into two groups of positive and negative. In positive regimes, governments are required to implement measures in the area of agreement and jurisdiction, while the government in the negative regimes is banned from implementing certain measures. The implementation of positive legal regimes is more difficult than achieving negative regimes. In a positive legal regime, participating governments will need financial, technical, administrative, and legal resources to implement these regimes. International agreements must be reflected in the internal legislation of the countries and the behavior of all of them must be changed. In that case, a regime can be effective. In this regard, the Caspian ecological convergence regime in the light of effective protection and conservation can provide a positive approach to the obligations of the five Caspian states.

Nowadays, along with the expansion of the era of globalization, the prosperity of trade, and internationalization, countries pay great attention to customs affairs to facilitate commercial issues. In this regard, they have tried to establish the security of this important process by involving the Navy. Therefore, the present research is trying to investigate the prospect of customs cooperation with the navy forces in facilitating maritime transport trade and developing international trade. From this point of view, following the expansion of the conceptual space of the subject, the role of the navy forces in facilitating maritime transport trade and the development of international trade will be investigated. According to the subject documents presented in this research, the research method is descriptive-analytical and the process of collecting information in this research is library. The findings of this article indicate that "the relationship between customs cooperation with the navy forces is an interactive and mutual one, in a way that customs and commercial activities can create conditions in which the navy forces benefit and by establishing maritime and commercial security, navy forces can provide the necessary ground for facilitating maritime transport trade and the development of international trade.

The reason claimed by the Government of the United States (hereinafter the US) for the assassination of General Qasem Soleimani (General Soleimani) was to prevent imminent attacks. This allegation implicitly evokes the Doctrine of "Preemptive Self-Defense". This article evaluates the US claim in the attack of General Soleimani as a preemptive self-defense through a critical analysis. The US resort to the doctrine of preemptive self-defense for the assassination lacks legal validity and is especially contrary to the provisions of the UN Charter, particularly Article (51). This assassination can be considered the illegal use of force by the US. According to the principle of prohibition on the use of force in international law practice, any premeditated attack before the beginning of armed aggression is not considered self-defense. Moreover, the US evidence in proving an imminent strike from General Soleimani is inadequate and unjustifying.

Piracy or the use of violence by various types of ships or vessels to take the property of the passengers of other ships or vessels has been one of the important maritime threats from the past until today. During the Middle Ages until the 19 th century, due to the flourishing sea trade, in the Indian Ocean, this phenomenon was widespread, but few scattered reports of it have remained. This research aims to explain the geographical and cultural relationship between the history and modern forms of piracy in the Indian Ocean, to provide a constructive analysis of the roots of piracy nowadays. Based on this, in this research, with a library method and a descriptive-analytical method, and by referring to the most important historical sources and research, scattered reports of piracy during the first to thirteenth centuries AH were analyzed. At the same time, by using analytical studies in cultural criminology, an attempt has been made to analyze this phenomenon from the perspective of deterministic theories and subcultures. Thus, it has been shown that the geography and aspects of the piracy culture in the Indian Ocean are consistent with this phenomenon today. It has also been shown that the inclusive Iranian governments have played the most effective role in fighting this phenomenon; it has been suggested that in today's approach to the phenomenon of piracy, the cultural view of the social and political roots of this phenomenon should be considered. In dealing with it, the fundamental methods of the cultural solution should be used in confrontation with the phenomenon, together with legal and military actions. It has also been suggested that the Iranian government should play a trans-regional cultural effort to revive its historical role in controlling this phenomenon.