• OpenAccess
    • List of Articles council

      • Open Access Article

        1 - Moral support in the performance guarantee of government approvals in Iran and the United
        Mohammad Saeed  Ansari   Nader Mardani
        The Islamic Consultative Assembly in its most important task, that is, legislation in accordance with Article 71 of the Constitution, has general jurisdiction and can legislate in general matters. Nonetheless, the parliament has a constraint on this role, which is set o More
        The Islamic Consultative Assembly in its most important task, that is, legislation in accordance with Article 71 of the Constitution, has general jurisdiction and can legislate in general matters. Nonetheless, the parliament has a constraint on this role, which is set out in various constitutional principles. Article 72, for example, states: "The Islamic Consultative Assembly can not legislate to comply with the principles and rules of the official religion of the country or the constitution ..."All laws must be approved by the Guardian Council. Without a Guardian Council, the Islamic Consultative Assembly has no statutory authority, except in the case of approval of the credentials of the representatives, and the election of six lawyers of members of the Guardian Council. In cases where the Assembly of the Islamic Consultative Assembly considers the Council of Guardians to be in violation of the Shari'a or the Constitution, and the Assembly shall not provide the Guardian Council with due consideration to the expediency of the system. The Expediency Council adopts the necessary decisions. In US law, the three executive powers, the judiciary and the legislature are completely independent of each other. The president will not vote for confidence from Congress, but for his ministers, he needs two-thirds of the senators to vote. Manuscript profile
      • Open Access Article

        2 - A moral look at chapteristic sanctions regarding the legal implications of this, Bernslett II Human Rights
        حسین  اخوان Seyyed Bagher Mirabassi Abo-Mohammad Asgarkhani
        Since the establishment of the United Nations, many countries have been subject to sanctions by the Security Council under Chapter 7 of the Charter. The increase in sanctions imposed by the Security Council has raised concerns about the damage done to the citizens of th More
        Since the establishment of the United Nations, many countries have been subject to sanctions by the Security Council under Chapter 7 of the Charter. The increase in sanctions imposed by the Security Council has raised concerns about the damage done to the citizens of the sanctioned countries. Research on the effects of sanctions in countries such as Iraq, Haiti, Libya and Iran suggests that these sanctions increased the deaths of children, poverty, migration, food and drug deficits, and other social and economic disruptions. Consequently, there are widespread debates at the UN and abroad about criticism of the Security Council sanctions as well as the responsibility of the Council for the violation of human rights, especially the second generation of human rights of citizens. In this essay, the human rights dimensions of the bansel sanctions of the second Barnsl has been examined. According to the author, sanctions imposed by the Security Council on human rights violations, in particular with regard to economic and social rights and sanctions imposed by the Security Council, result in serious violations of the human rights of the Security Council because of its severe negative effects on the target countries. While the United Nations Charter has committed that organization to "promoting and respecting human rights," the UN Security Council's economic sanctions are in breach of the provisions of the Charter and are responsible for violating human rights. Manuscript profile
      • Open Access Article

        3 - The Importance and Position of Principal Organs of United Nations Organization in the Framework of United Nations Charter
        Saeedeh  Golkar Seyyed Mohammad Hashemi
        The end of Word War II and in 1945, the United Nations Organization has formally established by50 countries as signatories of the Charter. Having 192 member states in 2006 of almost all countries of the world, the Organization is considered as the largest international More
        The end of Word War II and in 1945, the United Nations Organization has formally established by50 countries as signatories of the Charter. Having 192 member states in 2006 of almost all countries of the world, the Organization is considered as the largest international organization. Many organizations and bodies are active under the supervision of the United Nations. Among the principal organs, the strongest one is the Security Council that includes five permanent members who enjoy veto power in the Council’s making decisions. Enlargement of member states and activities of the United Nations and the plurality of its subsidiary international institutions and organizations, which include most parts and activities of the countries in vast fields, make it necessary to review the framework and performance of this Organization more than ever. The author of the present article tries to study the status of the principal organs in the framework of the United Nations Charter. Manuscript profile
      • Open Access Article

        4 - 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
      • Open Access Article

        5 - Equality in the opinions and opinions of the Guardian Council with emphasis on human dignity
        mehdi meftahi sayed mohammad sadegh Ahmadi ghodrat allah noroozi baghkmeh
        Today, dignity-based legal equality has found an irreplaceable role in modern human rights. Therefore, on the one hand, in the Constitution of the Islamic Republic of Iran, several principles, including the ninth paragraph of the third principle and the nineteenth and t More
        Today, dignity-based legal equality has found an irreplaceable role in modern human rights. Therefore, on the one hand, in the Constitution of the Islamic Republic of Iran, several principles, including the ninth paragraph of the third principle and the nineteenth and twentieth principles, deal with the principle of equality, and on the other hand, the Guardian Council as an institution to protect the constitution. According to the Sharia and the constitution, you must consider these principles and cite them. In this research, with a descriptive-analytical approach, an attempt is made to examine the status of equality from the perspective of human dignity in the views of the Guardian Council to determine to what extent the Guardian Council in its opinions and views has invoked this basic principle and authorized rights. In the second chapter, the constitution is guaranteed; Because human dignity is the foundation of legal equality and human beings have the status of equality and therefore are equal in rights. A study of the views of the Guardian Council from the beginning of the revolution until now shows that this council has invoked the principle of equality and non-discrimination in its views on several occasions; But the point to consider is that the council's view of the principle of equality is sometimes merely formal, and in essence equality and positive discrimination have been overlooked in some cases. Manuscript profile