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Public Law Studies Quarterly Director-in-Charge: Mohammadreza Takhshid
Editor-in-Chief: Abbasali Kadkhodaee
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Elham Aminzadeh, Janet E. Blake, Kheirollah Parvin,
Mohammadjavad Javid, Mansour Jabbari Gharabagh, Tavakol Habibzadeh,
Amirhossein Ranjbarian, Seyed Ghasem Zamani, Mohammadreza Ziaee
Bigdeli, Mohammadjafar Ghanbari Jahromi, Reza Mousazadeh,
Seyed Bagher Mirabasi
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Publisher: University of Tehran
Public Law Studies Quarterly Vol. 50, No. 2, Summer 2020
Table of Content
An Investigation of the Human Right to Water in ICSID Case Law .................................................... 1
Nima Nasrollahi Shahri, Seyed Ghasem Zamani
Central Bank Accountability: Comparative Study of the United States and Iran Legal Systems ...... 2
Maryam Kord, Mahmood Bagheri, Abbas Ghasemihamed, Mohsen Mohebi
Assessment of the Practice of the UN Security Council on the Use of Responsibility to Protect ......... 3
Reza Mousazadeh, Sara Hoseinzadeh
Review of the Status of the Family in International Human Rights ...................................................... 4
Seyyed Fazlollahh Mousavi, Fatemeh Ebrahim
The Limits of State’s Criminal Intervention in Labor Law in the Light of the Principle of Criminal
Law as the Last and the Least Resort ...................................................................................................... 5
Azadeh Sadat Taheri, Faezeh Manteghi
Humanization of Consular Protection Institution in the Light of Developments in International Human
Rights in the Light of No.16 Advisory Opinion of Inter American Court for Human Rights ............................... 6
Hamid Alhooii Nazari, Majid KourakiNejad, Aida Aghajani Ronaghi
Application of Fundamental Principles of International Humanitarian Law on Fully Autonomous
Weapons as New Mean of War ................................................................................................................ 7
Hossein Sharifi Tarazkouhi, Mohammadhossein Sayyadnejad
Application of the Most-Favoured-Nation Clause to the Dispute Settlement Clauses in Investment
Treaties ...................................................................................................................................................... 8
Seyed Bagher Mirabbasi, Majid Ghasemzadeh Moslabeh
Application of the Rules and Regulations of Communication in Protecting the Privacy of Citizens in
Cyberspace ................................................................................................................................................ 9
Felor Ghasemzadeh Liasi Leila Raeisi
The Legal Regime Applicable to Israel's Policy of Targeted Killing on the Territory of Palestine .. 10
Mahvash Monfared, Seyyd Ahmad Tabatabaei
Right to Development and Its Effect on Fulfillment of Internal Aspect of Self- Determination ....... 11
Homayoun Habibi, Keivan Eghbali
Exercise of Sovereignty and Commercial Activities in Petroleum Industry ....................................... 12
Abdolhossein Shiravi, Narges Seraj
A Methodological Look to Hobbes's Theory of the Social Contract ................................................... 13
Mojtaba Javidi
Cyber-Attacks and the Principle of Non-Intervention ......................................................................... 14
Parastou Esmailzadeh Molabashi, Mohsen Abdollahi
Protecting Women against Violence in the Light of 2011 Istanbul Convention on Preventing and
Combating Violence against Women ..................................................................................................... 15
Ali Mashhadi, Mosa Karami
Techniques for Improving the Quality of Laws .................................................................................... 16
Azadeh Abdollahzadeh Shahrbabaki
Comparative Study of General Conditions on Recognition and Enforcement of Foreign Judgments
in the Iranian and European Union Laws ............................................................................................. 17
Mahmoud Jalali, Ali Noorian
A Critique of Opposition of the African Union and its Member States with the Criminal Court and
its Effects on International Jurisprudence ............................................................................................ 18
Javad Salehi
Armed Conflict in Iraq; Analysis of Daesh's Actions from the Perspective of International
Humanitarian Law and International Criminal Law........................................................................... 19
Bahman Saedi, Alireza Arashpuor, Abdolreza Farzami Nasab
Feasibility of the Role of People in the Constitutional Review Initiative; Reflection on Iranian
Constitution's Capacity .......................................................................................................................... 20
Hamed Nikoonahad, Seyyed Abdolsaeed Modarres
1 Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020
An Investigation of the Human Right to Water in
ICSID Case Law
Nima Nasrollahi Shahri1, Seyed Ghasem Zamani2*
Abstract Privatization of mother industries has been a focal issue in investment disputes in
the last few decades. Thus far, there have been five major investment arbitrations
regarding privatization of water industry in all of which the human right to water has
been invoked by the host States or NGOs. At present, there are no binding human
rights instruments that recognize the right to access water as an independent human
right. The Committee of Social and Economic Rights goes so far as to infer the
existence of this right from other human rights such as right to food, right to health,
and right to housing. This article traces the human right to water from its birthplace,
human rights law, to ICSID arbitration.
Keywords Right to Access Water, Investment Law, Human Rights Law, ICSID Case Law.
1. Assistant Prof., University of Science and Culture, Tehran, Iran.
2. Prof., Department of Public and International Law, Faculty of Law and Political Science, University of
Allameh Tabataba'i, Tehran, Iran (Corresponding Author). Email: [email protected]
Received: July 4, 2017 - Accepted: October 2, 2017
Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020 2
Central Bank Accountability: Comparative
Study of the United States and Iran Legal
Systems
Maryam Kord1, Mahmood Bagheri2*, Abbas Ghasemihamed3, Mohsen Mohebi4
Abstract Central banks should act independently in regulating monetary, currency, credit
policies and not be subject to political and governmental influence, but must at the
same time be accountable for their performance. Given that central banks are not
part of the three branches of government, their accountability is challenging.
Therefore, in the present paper, the concept of accountability of central bank is
considered as one of the means of controlling and evaluating its performance. In this
way, the concept and characteristics of accountability of central banks as well as
mechanisms of accountability to executive, legislative and judicial branches of
government are expressed and transparency of central bank is analyzed in response
to accountability. Finally, a comparative review of accountability in Iran and the
United States is being considered, and it is concluded that in the legal system of
Iran, there is no mechanism for accountability of Central Bank and it lacks
transparency.
Keywords Central Bank, Accountability, Government, Monetary Policy, Transparency.
1. Ph.D. Student in Public Law, Faculty of Law and Political Science, Science and Research Branch,
Islamic Azad University, Tehran, Iran.
2. Associate Prof., Faculty of Law and Political Science, University Of Tehran, Tehran, Iran (Corresponding Author). Email: [email protected]
3. Prof., Faculty of Law, University of Shahid Beheshti, Tehran, Iran.
4. Assistant Prof., Faculty of Law and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
Received: June 29, 2018 - Accepted: September 10, 2018
3 Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020
Assessment of the Practice of the UN Security
Council on the Use of Responsibility to Protect
Reza Mousazadeh1, Sara Hoseinzadeh2*
Abstract Following the adoption of the Responsibility to Protect (R2P) in the summit of
Heads of State in the United Nations General Assembly in 2005, the Security
Council which was eager to expand its powers after September 11, 2001, in
international sphere, tried to justify some of its actions by this doctrine. The R2P can
be used as an effective tool for protecting nations from the oppression and
international crimes to which SC may refer it in some situations. Regarding the
practice of SC, it seems that SC normally considers the interests of P5, while in
some cases e.g. Libya, Ivory Coast and Darfur it actively applies R2P, in some other
urgent cases e.g. Yemen, Syria and Bahrain simply ignores it.
Keywords Human Security, Human Rights, Security Council, Humanitarian Intervention,
Responsibility to Protect.
1. Prof., School of International Relations of the Ministry of Foreign Affairs, Tehran, Iran. Email:
2. MA. Student, Islamic Azad University, South Tehran Branch, Tehran, Iran (Corresponding Author).. Email: [email protected]
Received: June 25, 2019 - Accepted: September 29, 2019
Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020 4
Review of the Status of the Family in
International Human Rights
Seyyed Fazlollahh Mousavi1*, Fatemeh Ebrahimi2
Abstract In the post-industrial age, the institution of the family, which is the basis of civilized
societies, is on the verge of collapse and the right to family life is exposed to serious
violations of human rights. The importance of the subject matter of the family has
prompted the authors to elucidate the position of this right in various human rights
instruments and assess the confrontation of international human rights with the
family and its changes and related measures. Although some of these documents are
international non-binding regulations, it can be used to formulate a mandatory
family-based document. Also, the provision of basic services in family and the
promotion the attention to family in international policy is positively evaluated. But
in spite of these positive efforts, unfortunately, the individualism and equalization of
people in the center of the family, influencing the drafting of international
documents while legitimizing the unusual patterns of the family, have weakened the
family and somehow its collapse is continuing.
Keywords International Instruments, General Commentary, International Day of Families,
Family-Centered Policies, Human Rights Council, Meaning of Family.
1. Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran,
Iran (Corresponding Author). Email: [email protected]
2. Ph.D. Student in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran. Email: [email protected]
Received: July 15, 2018 - Accepted: December 31, 2018
5 Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020
The Limits of State’s Criminal Intervention in
Labor Law in the Light of the Principle of
Criminal Law as the Last and the Least Resort
Azadeh Sadat Taheri1*, Faezeh Manteghi2
Abstract
Labor law arose to protect workers' rights and seeks a balance between interests of
worker and employer. International instruments and domestic laws have been
enacted to ensure human working conditions. Providing incentives for obeying
these laws and regulations needs sanctions which are penalties or other means
of enforcement. Regarding criminal law principles, this paper poses a question of
whether using criminal sanctions in labor law is justified or not. Finally, we argue
that concerning the principle of criminal law as the last and the least resort, using
criminal sanction in labor law cannot be justified except in a few cases.
Keywords Criminalization, Labor Law, Criminal Law, Punishment, Worker, Employer,
Sanction.
1. Assistant Prof., Faculty of Humanities, University of Semnan, Semnan, Iran (Corresponding Author).
Email: [email protected]
2. Ph.D. Student in Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran, Iran. Email: [email protected]
Received: October 31, 2017 - Accepted: September 10, 2018
Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020 6
Humanization of Consular Protection Institution in
the Light of Developments in International Human
Rights in the Light of No.16 Advisory Opinion of
Inter American Court for Human Rights
Hamid Alhooii Nazari1, Majid KourakiNejad2*, Aida Aghajani Ronaghi3
Abstract The reason which consular protection (CP) institution was established based on is
supporting people to recover their violated rights. In traditional international law,
prevailing view was that CP is the exclusive authority of States and individuals have
no right to resort to it. Now this question may raise that if a person’s rights and legal
interests have been violated illegally in a foreign State and above-mentioned person
couldn’t recover his legal rights with exhausting to local remedies, does his
government is obliged to exercise CP to its nationals or could to refuse this request
due to its authority? In other words, the question is that CP is part of exclusive
authority of States or is part of individuals' international human rights which States
have to exercise it due to national request? Conclusion of this paper shows that
today, in the light of changes and developments in international human rights, CP is
part of individual international human rights and States have to exercise it due to
national requests, at least in theory.
Keywords Humanization of Law, Consular Protection, Human Rights, International
Jurisprudence, Consular Relations, National State, Vienna Convention.
1. Assistant Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran,
Tehran, Iran. Email: [email protected] 2. M.A Student in International Law, Faculty of Law and Political Science, University of Tehran, Tehran,
Iran (Corresponding Author). Email: [email protected]
3. Ph.D. Student in International Law, Faculty of Law and Political Science, University of Allameh Tabataba'i, Tehran, Iran. Email: [email protected]
Received: April 8, 2018 - Accepted: September 10, 2018
7 Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020
Application of Fundamental Principles of
International Humanitarian Law on Fully
Autonomous Weapons as New Mean of War
Hossein Sharifi Tarazkouhi1*, Mohammadhossein Sayyadnejad2
Abstract International humanitarian law is a branch of public international law trying to
diminish the affliction and pain of mankind through regulation of behavior of parties
to the armed conflicts. A considerable part of IHL rules devoted to the limitation of
means and methods of warfare. According to the IHL, the right of the parties to an
armed conflict to use means and methods of warfare is not unlimited. There are
inhuman means and methods of warfare which have been banned or limited by
multilateral disarmament and arms control treaties. Technological Advancement has
led to the emergence of new inhuman means and methods of warfare. Fully
autonomous weapons are an example of new inhuman weapons. In lack of
disarmament and arms control treaties, fundamental principles of IHL are applied to
such means and methods of warfare.
Keywords New Means and Methods of Warfare, Fundamental Principles, Fully Autonomous
Weapons, International Humanitarian Law, Disarmament and Arms Control.
1. Associate Prof., Department of Law, University of Imam Hossein, Tehran, Iran (Corresponding
Author). Email: [email protected]
2. MA. in Diplomacy and International Organizations Law, School for International Relations of the Ministry of Foreign Affairs, Tehran, Iran. Email: [email protected]
Received: September 18, 2017 - Accepted: July 3, 2018
Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020 8
Application of the Most-Favoured-Nation Clause
to the Dispute Settlement Clauses in Investment
Treaties
Seyed Bagher Mirabbasi1, Majid Ghasemzadeh Moslabeh2*
Abstract Most-Favoured-Nation (MFN) clause has been always regarded as one of the
cornerstones of international investment treaties which is the most important
guarantee of non-discrimination among different foreign investors in the host
country. Traditionally, the MFN Clause has been used to avoid discrimination based
on substantive rights. After Maffezini Case Award, application of the MFN clause to
procedural rights especially to dispute settlement clauses has moved this standard to
an advanced level of practice in international investment law. In many cases,
investors succeeded to prove jurisdiction in arbitrations in which Defendant State
has never consented to prerequisites needed to be fulfilled before referring the case
to international arbitration. Regarding the fact that MFN Clause, without any
exemption, is enshrined in all Iranian bilateral investment treaties with no explicit
limitation on the application of the mentioned clause to dispute settlement
provisions, the subject is critically of highest importance from the perspective of
national interests and also the State policy about foreign investments. The present
article, after giving a summary of the latest updates about the issue and also
reviewing relevant jurisprudence, intends to scrutinize the possibility of Iranian
BITs MFN Clauses being cited about dispute settlement provisions and to provide
solutions for covering relevant risks.
Keywords International Investment Arbitration, Most-Favoured-Nation Clause, Dispute
Settlement Clause, Maffezini Question, Investment Treaties.
1. Prof., Faculty of Law and Political Science, University of Tehran, Tehran, Iran. Email:
2. Ph.D. in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran (Corresponding Author). Email: [email protected]
Received: February 06, 2018 - Accepted: July 03, 2018
9 Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020
Application of the Rules and Regulations of
Communication in Protecting the Privacy of
Citizens in Cyberspace
Felor Ghasemzadeh Liasi1, Leila Raeisi2*
Abstract With the emergence and development of cyberspace, protecting citizens' privacy is
simply impossible with the traditional human rights rules. Therefore, domestic laws
and regulations should be developed in accordance with international rules and
transnational measures to protect privacy. Technology and emerging contemporary
communication practices and requirements of living in cyberspace and also the rules
of the organization, such as the International Telecommunication Union and the
World Intellectual Property Organization should be considered to safeguard these
important citizens' rights. In this descriptive-analytic study, the question is how far
the laws and regulations of Iran can protect the privacy of citizens in cyberspace. It
is obvious that adoption of national regulations, without taking into account the
global scope of this space and without respect to the conditions governing the
international community and the norms of modernity, not only not effective enough,
but it also will create contradictions and problems.
Keywords Privacy, Citizenship Rights, Human Rights, Cyberspace, Rules of Communication.
1. Department of Law, Islamic Azad University, Najafabad Branch, Najafabad, Iran. Email:
2. Associate Prof., Islamic Azad University, Khorasgan Branch, Khorasgan, Iran (Corresponding Author). Email: [email protected]
Received: June 30, 2018 - Accepted: September 10, 2018
Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020 10
The Legal Regime Applicable to Israel's Policy of
Targeted Killing on the Territory of Palestine
Mahvash Monfared1 Seyyd Ahmad Tabatabaei2*
Abstract For many years, Israel has pursued a policy of Targeted Killings of Palestinian
fighters. Since the beginning of the Al-Aqsa Intifada in 2000, the targeted killings
strategy has been clearly announced as one of the Israeli public policy. The legal
regime governing this strategy for those suspected of attacking is always one of the
most challenging issues in the realm of international law. Given that the applicable
ruling regime must first be investigated in the context of the operation in a situation
of war or peace, in this article, according to legal arguments, it is emphasized that
the Israeli confrontation with the Gaza Strip, because of Palestine's statehood and
the start of a Gaza blockade as an act of aggression is an international armed
conflict. As a result, the legal regime governing the Targeted Killing of Israel in this
area during armed conflicts is the international humanitarian law and in relation to
other occupied territories and in times of peace, is the human rights regime.
Keywords Israel, International Humanitarian Law, International Human Rights Law, Palestine,
Targeted Killings.
1. Ph.D. in International Law, University of Tehran, Tehran, Iran.
2. Assistant Prof., University of Tehran, College of Farabi, Qom, Iran. (Corresponding Author). Email: [email protected]
Received: May 8, 2018 - Accepted: September 10, 2018
11 Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020
Right to Development and Its Effect on
Fulfillment of Internal Aspect of Self-
Determination
Homayoun Habibi1*, Keivan Eghbali2
Abstract Right to development is one of the examples of third generation of human rights by
virtue of which every person is entitled to participate in economic, social, political
and cultural development of his/her society as well as enjoy from its fruits. Right to
development is a collector of civil and political human rights with economic, social
and cultural human rights, so its fulfillment has great effects on realization of other
human rights. In this regard, it seems that one of the important effects of fulfillments
of right to development is on internal self-determination which means that every
citizen is entitled to free and public participation in the various political, social,
economic and cultural affairs of the society. The right has its foundation on public
participation and as a result, fulfillment of main indexes of right to developments
such as public education, fair distribution of revenues, and proper employment will
have great role in its realization by empowerment of public participation and its
tools such as free electoral system, civil society and free flow of information.
Keywords Development, Right to Development, Right to Internal Self-Determination,
Democracy, Public Participation.
1 . Associate Prof., Department of Public and International Law, Faculty of Law and Political Science,
University of Allameh Tabataba'i, Tehran, Iran (Corresponding Author). Email: [email protected]
2. Ph.D. in International Law, Faculty of Law and Political Science, University of Allameh Tabataba'i, Tehran, Iran. Email: [email protected]
Received: March 7, 2018 - Accepted: July 3, 2018
Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020 12
Exercise of Sovereignty and Commercial
Activities in Petroleum Industry
Abdolhossein Shiravi1, Narges Seraj2*
Abstract When the war ended and the era of construction started, limiting the government to
sovereignty activities and reducing its role in commercial activities, was on the
agenda of the country's planners. So the separation of sovereignty and commercial
activities of government was pursued more seriously. This separation was extended
to all sections, including petroleum industry. By passing the Acts on Implementation
of Policies under Principle 44 of Constitution and the Duties and Powers Ministry of
Petroleum, it was attempted to implement the aforementioned separation in
petroleum industry. This research by investigating different laws and regulations,
evaluated the separation between sovereignty and commercial activities and the
relationship between the sovereignty and commercial bodies in this sector. We
conclude that, firstly, the relationship between sovereignty and commercial activities
is longitudinal, so even if the government is prevented from taking action in a
section, it continues to play its role in sovereignty activities. Secondly, the Law on
the Implementation of Policies of Principle 44 added the criterion of "investment,
ownership, and management" to the criterion of “separation of sovereignty from
commercial activities". Thirdly, despite the separation of the sovereignty from
commercial activities in petroleum sector, the duties between them are not
completely divided.
Keywords Sovereignty Activities, Commercial Activities, Regulatory, National Iranian Oil
Company, Petroleum Ministry.
1. Prof., Faculty of Law, University of Tehran, College of Farabi, Qom, Iran. Email: [email protected]
2. Ph.D. Student in Oil and Gas Law, Faculty of Law, University of Tehran, College of Farabi, Qom, Iran (Corresponding Author). Email: [email protected]
Received: March 07, 2018 - Accepted: July 03, 2018
13 Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020
A Methodological Look to Hobbes's Theory of
the Social Contract
Mojtaba Javidi*
Abstract The theory of "Social Contract" is one of the most important Post-Renaissance
theories which is about the origin of sovereignty and government in the Western
world. Any theory posed in the human sciences is influenced by the philosophical
foundations of ontology, epistemology, and anthropology itself that the study of
these bases and how they relate to the theory is called "Fundamental Methodology".
This paper examines Hobbes's theory of the Social Contract with the descriptive and
analytical method and with the approach of Fundamental Methodology and then has
tried to explain Hobbes's philosophical foundations and how it affects the theory of
his social contract. Ontologically, his ontology is based on humanism, subjectivity,
and secularism. Epistemologically, Hobbes has been influenced by two trends of
authenticity of experience and authenticity of reason. He also left the sacred
rationality behind. Anthropologically, he has been influenced by the mechanical
look to man and the pessimistic perception of human nature.
Keywords Thomas Hobbes, Methodology, Subjectivity, Philosophy of Law, Social Contract.
* Assistant Prof., Faculty of Theology and Islamic Studies, University of Shiraz, Shiraz, Iran. Emails:
[email protected], [email protected]
Received: January 23, 2018 - Accepted: September 10, 2018
Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020 14
Cyber-Attacks and the Principle of Non-
Intervention
Parastou Esmailzadeh Molabashi1, Mohsen Abdollahi2*
Abstract The technological progress has caused the States to deal with the ever-growing
cyber-attacks. The most cyber-attacks that States usually faced are Distributed
Denial of Service Attacks. Since these attacks do not have any direct and immediate
harm, they cannot be considered as a use of force or armed attacks. Therefore, States
usually ignore to trace and identify the attackers. Since there are no explicit and
direct rules for addressing cyber-attacks, in accordance with the regulations of
current international law, we conclude that some of these non-destructive cyber-
attacks which are coercive can be counted as violation of the principle of non-
intervention if those attacks are attributable to the States and consequently the
international responsibility of those States can be arisen in competent international
courts. In this essay, the authors endeavor to demonstrate not only the severe cyber-
attacks violate the international law obligations but also the non-destructive ones
such as Distributed Denial of Service Attacks which can breach international law
too.
Keywords Principle of Non-Intervention, Sovereignty, Cyber-Attacks, International
Responsibility of State, Violation of an Obligation.
1. Department of Law, Islamic Azad University, Najafabad Branch, Najafabad, Iran. Email:
2. Associate Prof., Faculty of Law, University of Shahid Beheshti, Tehran, Iran (Corresponding Author). Email: [email protected]
Received: March 18, 2017 - Accepted: October 2, 2017
15 Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020
Protecting Women against Violence in the Light
of 2011 Istanbul Convention on Preventing and
Combating Violence against Women
Ali Mashhadi1*, Mosa Karami2
Abstract The Council of Europe Convention on Preventing and Combating Violence against
Women and Domestic Violence 2011 (the Istanbul Convention) is the most recent
treaty that directly addresses the issue of violence against women (VAW). This
Convention has created a comprehensive and multi-faceted legal framework
including adoption of an interdisciplinary and multidimensional approach towards
preventing and combating VAW and has presented a pervasive definition and
interpretation of discrimination and its manifestations against women. Adopting an
extensive method toward all forms of VAW and their criminalization, and
generalizing the scope of Parties' obligations to armed conflicts and migration and
asylum status in protecting women against all forms of violence are other features of
the Convention. This Convention, through aforementioned characteristics, seeks to
prevent, prosecute and eliminate violence against women and girls and domestic
violence. Not only does it develop and strengthen the legal regime regarding gender-
based violence, but the treaty can also be accessible to and acceded by third
countries, which are not members of the Council of Europe. The present article aims
to investigate the innovations and potential capabilities of the Istanbul Convention
as regards the reduction and elimination of VAW under international law
perspective.
Keywords International Law, Human Rights, Violence against Women, Council of Europe,
2011 Istanbul Convention.
1. Associate Prof., Department of Public and International Law, Faculty of Law, University of Qom,
Qom, Iran (Corresponding Author). Email: [email protected]
2. Ph.D. Student in International Law, Faculty of Law, University of Qom, Qom, Iran. Email: [email protected]
Received: January 21, 2018 - Accepted: July 3, 2018
Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020 16
Techniques for Improving the Quality of Laws
Azadeh Abdollahzadeh Shahrbabaki*
Abstract The focus on the issue of Quality of Laws in the last decade in Iran necessitates
conducting a study on and discussing a different aspect of the issue. Aspects and
facets of quality of law are extended, complex, and they need high precision. The
initial steps of the study include conceptual and theoretical underpinnings and final
steps entail practical solutions for increasing the level of quality of laws. In the
present study, five solutions to increase the level of quality of laws are introduced.
The solutions are practiced in different countries; however, they have never been
discussed as a set of ways to increase the level of quality of laws altogether. Three
solutions increase formal and material characteristics of the laws, i.e. consultation
prior to the tabling of the bill, use of linguistic experts, and use of experimental
legislation. The other solutions, i.e. codification and adopting a specific law on
quality of laws, provide the appropriate legal system environment for increasing the
level of quality of laws. Undoubtedly, using these solutions, all of them as a whole,
have a significant effect on achieving a Good Law.
Keywords Good Legislation, Experimental Legislation, Interested Parties, Linguistic Experts,
Codification.
* Ph.D. in Public Law, Faculty of Law, University of Aix-Marseille, Paris, France.
Email: [email protected]
Received: April 21, 2018 - Accepted: September 10, 2018
17 Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020
Comparative Study of General Conditions on
Recognition and Enforcement of Foreign
Judgments in the Iranian and European Union
Laws
Mahmoud Jalali1*, Ali Noorian2
Abstract With the transformation of political and economic systems, the world is becoming a
global village, and the need to harmonize laws and regulations and globalization of
rights is more and more concrete. In this study, the conditions and barriers to the
recognition and enforcement of foreign judgments in Iranian law have been
compared to EU rules, and the implementation and differences of judgments in both
systems have been investigated. The results showed that the commonality of both
systems is that only civil and commercial sentences can be identified and enforced,
and criminal, administrative and tax decisions are excepted. The study found that
EU regulations could be shared between countries with regional and religious
communities, such as the Member States of the Islamic Conference, the ECO
organization and the Non-Aligned Movement (NAM).
Keywords Morality, Civil and Commercial Judgments, Recognition and Enforcement of
Foreign Judgments, Conclusiveness of Judgment, Public Policy.
1 . Associate Prof., Department of Law, University of Isfahan, Isfahan, Iran (Corresponding Author).
Email: [email protected]
2. Ph.D. in Private Law, Department of Law, University of Isfahan, Isfahan, Iran. Email: [email protected]
Received: March 5, 2018 - Accepted: September 10, 2018
Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020 18
A Critique of Opposition of the African Union
and its Member States with the Criminal Court
and its Effects on International Jurisprudence
Javad Salehi*
Abstract Removing of immunity from elements of international crimes under provisions of
Article 27 of Statute is a prospect of cooperation of members with the ICC.
However, this cooperation is specific to members and their status. Sudan is not an
ICC member. Referral of his condition and the need for his cooperation with the
ICC is not due to his membership, but because of the resolution, which has serious
ambiguities regarding the recognition of Sudan's membership in the Statute and
removing of immunity. This situation has led to the confrontation between the AU
and its members with the ICC, which is purpose and subject of this article. A
research question is; what is the impact of confrontation between the AU and its
members with the ICC on international judicial procedures? The findings of this
study indicate that judicial proceeding of the ICC has not only failed to narrow the
scope of this confrontation for more than a decade but also has been weakened by
the lack of cooperation of AU Member States in the arrest of Al-Bashir. This
approach adversely affects the status of the ICC on protection of the Security
Council in Sudan's situation, which is becoming increasingly evident.
Keywords African Union, International Criminal Court, International Judicial Procedure,
Sudan, Security Council.
* Assistant Prof., University of Payame Noor, Tehran, Iran. Email: [email protected]
Received: April 27, 2019 - Accepted: September 28, 2019
19 Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020
Armed Conflict in Iraq; Analysis of Daesh's
Actions from the Perspective of International
Humanitarian Law and International Criminal
Law
Bahman Saedi1*, Alireza Arashpuor2, Abdolreza Farzami Nasab3
Abstract In recent years, the international community has witnessed the emergence of a Non-
State actress called "Daesh" that it constitutes a global and unprecedented threat to
international peace and security. When Daesh occupied areas of northern Iraq, this
event triggered an armed conflict between the Iraqi armies and the Daesh armed
forces. The main focus of armed conflict, whether international or non-international,
is respect for international humanitarian law, including fundamental principles such
as the principle of distinction and proportionality. Daesh has contravened numerous
international law provisions by its conduct in Iraq. The group has breached several
of its IHL obligations as a Non-State actor in the conflict that occurred in Iraq.
According to the findings of this article, it seems that Daesh's actions in many
respects have provided the threshold for pursuing under international crimes of
genocide, crimes against humanity and war crimes.
Keywords International Humanitarian Law, International Criminal Law, Daesh, Iraq, Armed
Conflict.
1. MA. in International Law, Tarbiat Modares University, Tehran, Iran (Corresponding Author). Email:
[email protected] 2. Assistant Prof., Department of Law, University of Isfahan, Isfahan, Iran. Email:
3. MA. Student in Public International Law, Shahid Ashrafi Esfahani University. Email: [email protected]
Received: May 30, 2018 - Accepted: September 10, 2018
Public Law Studies Quarterly, Vol. 50, No. 2, Summer 2020 20
Feasibility of the Role of People in the
Constitutional Review Initiative; Reflection on
Iranian Constitution's Capacity
Hamed Nikoonahad1*, Seyyed Abdolsaeed Modarres2
Abstract The constitution is described as the supreme social covenant, whose effectiveness
and accountability require prediction of a review mechanism. For this purpose, the
Islamic Republic of Iran Constitution sets out a mechanism for revision in Article
177 that is significant in terms of the role of the people in this process. The
motivation for writing the present paper was to answer the question: What capacities
have the Constitution of the Islamic Republic for the role of people in the
Constitutional Review initiation? In response, it should be said that Article 177
merely considers the Supreme Leader to be competent to review initiative. However,
in this paper, in a descriptive and analytical way, examining the fundamentals of
people's participation in the revision initiative from the perspective of the
fundamental rights set in the constitution, which implies the sovereignty of the
people, as well as the reflection of the basic legislative and loyalties of the present
Constitution to strengthen the role of the people in the Constitutional Review and
with loyalty to the current Constitution, steps have been taken to strengthen the role
of the people in the Constitutional Review Initiative by parliamentarians or
presidents. The findings of this research indicate that the divine and inalienable right
to social self-determination, the public duty of all people to Enjoy the Good and
Forbid the Evil, and moreover, the duty of the Muslim Nation in the construction of
the Islamic Community, have provided the legal capacity which is necessary to
increase the people's role.
Keywords Revision Initiative, Revision of the Constitution, Proposed Review, Right to Self-
Determination, Sovereignty of the People.
1. Assistant Prof., Department of Public and International Law, University of Qom, Qom, Iran
(Corresponding Author). Email: [email protected] 2. MA. in Public Law, University of Qom, Qom, Iran. Email: [email protected]
Received: April 26, 2018 - Accepted: March 11, 2019
