درخت حوزه‌های تخصصی

Background and Theoretical Foundations: The environment problems have pervasive and lasting consequences for this generation and the next generation. The effects of environmental change on human life will soon appear. One of the most important environmental crises that Iran and the four littoral Caspian Sea countries bordering are facing is the environmental crisis of this sea. The Caspian Sea, the world's largest salt lake, has a sensitive ecosystem. Although salt lakes are very important for the environment, the most important example that has been recorded of the successful management of salt lakes is the case of the Great Lakes between the United States and Canada. Their solution can be used to protect the environment of these lakes in the Caspian Sea and its border countries.Method: In this research, by using the descriptive-analytical method, it has been tried to study the ecosystem of the Caspian Sea and find the best solution for it as a salt lake.Findings: As a matter of fact, although the Caspian Sea has a very rich resource but it has a very sensitive ecosystem and riparian states put it under pressure by over-exploitation of its resource. It caused several problems, such as degradation of water level, pollution of water, and the demise of caviar fish.Conclusion: It is extremely important to accurately attribute the causes of such change to understand how best to manage this body of water. In my opinion, Iran must pay more attention to its water in the north unless we face fine dust and drying of wetlands as we have seen in the south that put in danger human security in different dimensions.  It is undeniable that principles and obligations of international law such as paying polluters, common and differentiated responsibility, and non-harmful use of land… can’t solve the problems all alone. It is true about politics, but together, we can hope for sustainable management of the Caspian Sea. So the only way is the combination of international law and political will and using other states' experiences. So the proposal of this paper is building an institution with real decision-making. The design of the new institution is a step forward. For example, an institution can evaluate any problems with the Caspian Sea or rise by any coastline states and provide a solution, establishing a formal arrangement with real decision-making authority and not leaving most decisions up to individual states without effective collective control. However, in practice, states hardly show interest in institutions with mandatory power. So, instead, the Caspian Sea shoreline’s states can establish a non-mandatory committee that we hope to execute its decision with political will as we have seen in the Great Lakes. Because above all of this, politics will stand. So political and international law together could solve this problem.  

The examination of traditional legal institutions is a prudent approach to ensure effective contractual remedies. "Arsh" is one such institution that predominantly arises in relation to the option of defect. This paper aims to review the perspectives of Islamic legal scholars on Arsh in order to establish it as a general theory. However, it should be noted that this review does not propose a structural alteration in the nature of Arsh; rather, it intends to conduct a jurisprudential inquiry into the subject-matter. With regard to the nature of the general theory of Arsh, it can be categorized as a form of damages and compensation resulting from a breach of contract and contractual liability. In such cases, it aligns with the relevant legal principles. The basis of damages in the general theory of Arsh also exhibits a dual nature. While it is rooted in contractual compensation, if such compensation cannot be adequately provided, civil and obligatory liability may be invoked. One of the well-established legal-historical principles in the Civil Law system is the rule of Price Reduction, which bears resemblance to the institution of Arsh (i.e., the financial difference between a defective and non-defective item that is compensated to the customer) in the Islamic legal system. It is noteworthy that the foundation of Price Reduction lies in the principle of Commutative Justice, which serves as the basis for contractual liability in the realm of contract law.