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      • Open Access Article

        1 - Impact of globalization on the conflict of laws from the perspective of ethics
        Abdolmahdi  Heidari Nejad Ali  Almasi
        In this paper, the impact of globalization on the conflict of laws from the perspective of ethics has been examined. Globalization as an existing fact has replaced many works in different sciences and trends. In the field of law science, globalization has also affected More
        In this paper, the impact of globalization on the conflict of laws from the perspective of ethics has been examined. Globalization as an existing fact has replaced many works in different sciences and trends. In the field of law science, globalization has also affected the conflict of laws in three categories. First, in terms of material (material), globalization has implicated itself in the uniformization of laws, which is being implemented by international organizations, model laws, and international conventions. In the second category, the rules of conflict resolution, where there is no possibility of uniformity of the rules of law for some reason, globalization has shown its impact by trying to unify the rules of conflict resolution. In this regard, and given the mutual effects of globalization And ethics on one another, considering ethical standards as one of the commons of human societies, can greatly leave its traces. Ultimately, barriers to the implementation of foreign law, such as public order, good morals and fraud to the law, are also limited by globalization and the possibility of extending the implementation of foreign law. Manuscript profile
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        2 - Ethical Conflict of Decisions of the International Court of Justice and the Security Council on the Peaceful Settlement of International Disputes
        Saeedeh  Golkar Seyed Mohammad  Hashemi Ali  Zare
        In the present study the structure, some considerations on the respective rolls of the security council and the internationalcourt of justice with respect to the “The revention of aggravation of disputes” in the domain of the pacific settlementof international disputes More
        In the present study the structure, some considerations on the respective rolls of the security council and the internationalcourt of justice with respect to the “The revention of aggravation of disputes” in the domain of the pacific settlementof international disputes or situations, according to the United Nations charter through comparing their functions and functionalities. Special focus is on the International Court of Justice (ICJ) as the sole United Nations judicial institution that carries not only the responsibility of peaceful resolution of international disputes between states and other subjects of international law but also has contributed to the expansion of international law. ICJ has a responsibility to supervise other organs of the United Nations but has failed to observe the resolutions of the Security Council despite the freedoms it enjoys to do so. The authority of the Security Council is still derived from the will of powers, not the international law which has resulted in silence and inaction of the ICJ with regard to the decisions of the Security Council in the cases of Lockerbie, Namibia, Bosnia and Herzegovinian and Montenegro; all out of political considerations. The study ends with a conclusion and a set of recommendations to minimize the adverse effects of the discussed contradictions including legal observations supported by some international principles and procedures as well as acceptance of the superiority of the decisions of the ICJ over decisions of other main UN bodies particularly the Security Council. Manuscript profile
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        3 - Ethical Assessment of Internal Armed Conflicts with a focus on the Statute of the International Criminal Court and the procedure of the former Yugoslav Court
        mohsen amari Mahdi Hatami
        War crimes are one of the most important examples of international crimes and, as a moral anomaly, are within the jurisdiction of the International Criminal Court. As long as it has been criminalized in Article 8 of the Statute of the International Criminal Court, it ha More
        War crimes are one of the most important examples of international crimes and, as a moral anomaly, are within the jurisdiction of the International Criminal Court. As long as it has been criminalized in Article 8 of the Statute of the International Criminal Court, it has undergone a long process. In general, the Statute of the Court exceeded the limits of the customary international law on war conflicts in significant and perceptible cases and imposes new obligations on States Parties. In addition to the criminalization of certain acts related to the war in international armed conflicts, the crimes committed in conflicts within the countries have also been sanctioned. By 1949, International humanitarian law has not considered to internal armed conflicts, and up to 1977, no independent treaties were drawn up in this regard. It can also be found in the absence of a comprehensive definition of non-international armed conflicts. However, in the 1990s, The International Criminal Court for the former Yugoslavia defined a definition, while reflecting the custom of its time, influenced the development of the future custom. In this paper, The formation of resources and bases governing internal armed conflicts and its gradual and moral development will be assessed on the basis of humanitarian criteria by the library method and using fishing tools, and will show that the procedure of the Court The former Yugoslav penal code, followed by the drafting of the 1998 Statute of the International Criminal Court. And the inclusion of these crimes in the scope of war crimes has created and developed a great moral transformation in relation to the development of rights related to these conflicts. Manuscript profile
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        4 - The moral legitimacy of the theoretical and practical conflict between non-ruling jurists and ruling jurists based on its consequences
        Abdol Rahim  Zare alireza asgari Ahmadreza  Tavakoli
        Although there are two theories of selection and appointment among jurists in relation to Islamic governance, but based on rational and narrative reasons, all qualified jurists are the general vicegerents of Imam Masoom (a.s.) and it is necessary that among them one of More
        Although there are two theories of selection and appointment among jurists in relation to Islamic governance, but based on rational and narrative reasons, all qualified jurists are the general vicegerents of Imam Masoom (a.s.) and it is necessary that among them one of the jurists who All the necessary conditions, such as knowledge, independence, and the power to run the Islamic society, must be fulfilled and he must assume this responsibility for the implementation of divine decrees. It is natural that if one of the jurists undertakes this duty, the other jurists should support him and not disturb him by interfering in his work; One of the debates in the field of jurisprudence is the conflict between jurisprudence and jurists, which is referred to as "the interference of a jurist for another jurist". Whenever a jurist is unique in an era, he himself becomes responsible for the province and performs his duty in all areas related to the implementation of divine decrees and the administration of Muslim affairs. But if there are many qualified jurists in one era, the question arises, how can multiple jurists in a single era all have the authority and government, which requires the plurality of independent rulers in a single time and place, which is contrary to the way of reasoning and building. It is the governments and if the guardianship and the government are for one person, then the question that can be asked is what will be the fate of the guardianship of the other jurists? The result of this conflict, in addition to being an immoral act, is considered an immoral matter, and it means the interference and opinions of people in matters that do not concern them, which, in addition to psychological damage for themselves, has harmful social consequences. also has; Because sometimes it causes moral vices such as turbidity, enmity, sedition and chaos. Therefore, in Islamic hadiths, this immoral work is strictly prohibited. According to many jurists, the Holy Sharia itself has thought out ways to do things in this field, and in practice such a problem will not occur, and when one of the jurists starts to form a government, citing two Muslim principles of jurisprudence, it is not permissible for others to work. He has interfered and interfered in the performance of his duty, whether it is in the form of interference in the principle of the formation of the government or in the form of interference in some of its affairs; These two principles, one is the necessity of the sufficiency of the authority of the jurist and the other is that it is not permissible to disturb the jurist in one another's work. Manuscript profile