DOAJ (DOAJ: Directory of Open Access Journals), May 1, 2022
One of the hidden types of violence against women (VAW) that is linked to the degradation of the ... more One of the hidden types of violence against women (VAW) that is linked to the degradation of the environment is ecological violence. Ecological violence refers to a type of violence which is formed as a result of environmental crisis in communities. In this descriptive-analytic article, an attempt has been made to examine the effects of environmental degradation on the increase of VAW from a legal perspective and also with referring to the role of women in preserving the environment. As the environmental degradation may cause to the VAW, the ecological VAW can lead to more serious destruction of environment by eliminating the women as the protectors of the environment and natural resources. Despite the prevalence of this type of VAW, it has not gained appropriate attention in the documents and mechanisms related to the environment and women. It seems that UN formal organizations and states must establish and develop the legal rules as well as provide the serious and effective monitoring mechanisms until to create the way for turning the eye of international actors to visible and hidden aspects of this phenomenon. Also the combating gender inequality and reducing it as the base for environmental injustice which is the main causes of ecological VAW, is a necessary. Furthermore, NGOs related to women rights on one side and those related to the environmental protection on the other side can play a significant role in this regard
The right of access to a healthy environment is one of the most important
rights in the current ... more The right of access to a healthy environment is one of the most important rights in the current discourses on human rights and citizenship. Pursuant to this right, everyone has the right to live in a healthy, clean and unpolluted environment. The emergence and importance of this right in the area of public law was the result of the evolution of human being’s collective life style, the change of human-state relations with nature, and forgetting the ecological semi-systems around the self in the rapid process of development after the Industrial Revolution. Therefore, the fundamental question which arises is that on the basis of which foundations such a right is formed for humanity and how it is justified in terms of philosophical-theological views reflected in Islamic sources as well as in modern texts? In this paper, it has been tried to address some aspects of this issue. Accordingly, first, in addition to conceptual analysis, we deal with the philosophical-theological foundations of the right to the environment (1). Then, the general philosophical-theological rules of this right from the perspective of Islamic law would be discussed (2). The basic presumption based on which this paper is grounded is that the right to environment cannot achieve its goal which is ensuring the healthy environment without thaking into account its philosophical dimensions as well as it metaphysical status.
Field and Aims: Biodiversity is one of the main elements of environmental care and the source of ... more Field and Aims: Biodiversity is one of the main elements of environmental care and the source of human life on the planet and includes plants and animals that live and interact in water, land and air. As technological advances provide more opportunities to exploit the natural resources of the oceans, so do threats to biodiversity. Due to the importance of marine biodiversity in areas outside the national jurisdiction and the increasing use of its resources, the international community's concern for the protection of biodiversity in these areas has increased. Gaps in the legal system of maritime areas outside national jurisdiction double the need for effective action to protect the marine environment in these areas. Method: This research has been conducted in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information has been analyzed in a descriptive-analytical manner. Findings and Conclusions: In order to protect this marine environment, there is a need for the adoption of rules and regulations at the international level, which should be respected by the subjects of international law, because despite the multilateral agreements, conventions and agreements, there is still a binding mechanism. Regarding the protection of the environment, there are no high seas, therefore, given the current commitments of governments in the field of biodiversity protection in the high seas, the need for the adoption of a binding document is felt more than ever.
یکی از پدید‌ه‌های نوظهوری که حقوق و سلامت زن و در نتیجه حریم انسانیت و امنیت جامعه را خدشه‌دار نم... more یکی از پدید‌ه‌های نوظهوری که حقوق و سلامت زن و در نتیجه حریم انسانیت و امنیت جامعه را خدشه‌دار نموده، عمل شنیع اسیدپاشی بر بدن و چهرهی زنان و دختران جوان است. خشونت اسیدی به عنوان شکلی نوین از خشونت علیه زنان، بازتاب نابرابری جنسیتی و تبعیض در جامعه به شمار میرود. این عمل، نه تنها خود قربانی، بلکه خانواده او و جامعه را تحت تأثیر قرار می‌دهد. اسیدپاشی در فقه اسلامی از نظر نوع سلاح ذیل محاربه قرار میگیرد و از لحاظ تکرار عمل، افساد فیالارض محسوب میشود. این عمل در نظام بینالمللی حقوق بشر نوعی تبعیض و خشونت مبتنی بر جنسیت علیه زنان و در نتیجه نقض حقوق بشری بنیادین آنان بوده و بیگمان ممنوع است. بر این اساس، دولتها باید در پیشگیری، تحقیق و مجازات مرتکبین اسیدپاشی، مساعی مقتضی را به کار گیرند. مقالهی فرارو، از رهگذر شیوهای توصیفی-تحلیلی و با بکارگیری سبک تحلیل محتوا، بر آن است تا به تبیین اسیدپاشی از نظر حقوق اسلام و نظام بینالمللی حقوق بشر بپردازد.
The outbreak of Covid-19 disease in relation to environmental law can be
analyzed from different ... more The outbreak of Covid-19 disease in relation to environmental law can be analyzed from different dimensions. Theoretically, it shows the deep roots of the philosophical, moral and legal crisis of man in the face of nature. In practice, the role of environmental law in preventing the spread of "humananimal" diseases is recalled. Environmental effects, showed two positive and negative differences in the natural and human environment. On the positive side, the outbreak of this disease has temporarily improved the quality of the urban environment (air pollution, noise, fuel consumption) and, in proportion to some animals, has led to the prohibition of trade and sale and consumption of wild animal meat. On the other hand, the negative effects of this disease have affected issues such as the accumulation of medical waste, wasteful consumption of water and the suspension of environmental regulations against companies. In this article, some of the above environmental dimensions have been tried to be analyzed and evaluated from the perspective of environmental law. The key question is, given the environmental effects and contexts of the outbreak of the disease, what changes the environmental law system needs and what preventive legal response is necessary. The basic premise of this article is based on the need for human beings in the philosophical-legal field to review their relationship with nature and animals, and in practice, with the outbreak of this disease, it is necessary to take some legal measures
The UNEP is at the heart of the current United Nations environmental structure and is the most im... more The UNEP is at the heart of the current United Nations environmental structure and is the most important international environmental institution. The present study, due to the increasing prevalence of environmental problems, seeks to answer this fundamental question: has the UNEP, among a multitude of environmental norms and the multiplicity of related institutions, been able to play a pivotal role in international environmental governance in practice? Has its environmental performance met expectations? The present article will conclude that despite all the successes recorded in the available statistics and reports, the current structure of the UNEP cannot meet the environmental problems of the planet and it is unable to manage efficiently the planet's environmental problems and be able to monitor the performance of governments on the environmental commitments. Therefore, several suggestions have been made in this regard
Base, scope, extent and manner of government intervention in social and economic era is one of th... more Base, scope, extent and manner of government intervention in social and economic era is one of the most fundamental issues in public law. This paper explores one aspect of the recent work of Jürgen Habermas on legitimating crisis and its relationship with intervention of state in public sphere. It focuses on Hagerman's claim that the pre-capitalist moral values on which capitalism has hitherto relied has become progressively displaced by the growth of the capitalist economy. This has caused critical problems for the state management of the economy, in the absence of an established internalized set of values which could act both as restraints upon economic demands and as reinforcements to an ethic. The conclusion of the paper is that while rational discussion of values is important, this does not entail that the possibility agreement is required to make sense of this activity. This article examines the relationship between legitimacy and scope of government intervention as a central issue in contemporary philosophy of public law.
Makran's rich coasts from Jask to Goater, including coastal promontories, it is more than 600 squ... more Makran's rich coasts from Jask to Goater, including coastal promontories, it is more than 600 square kilometers, which is one of the five strategic areas of the world. The importance of the Oman Sea to the world in the fields of transportation, energy supply, huge mineral resources and environmental balance is evident. Whenever there is talk of environmental problems in the waters of southern Iran, all attention has been focused on the Persian Gulf and less on the Oman Sea, so that we are faced with scarce resources. In this research, using the reports of the general environmental protection departments of the coastal provinces and a comprehensive list of environmental criteria, they have been selected as the final list for decision-making, so in this regard, after using the opinions and evaluations of a group of experts Delphi was also used in order to obtain the relative and final weight of each of these factors by entering the values of preferences into the Expert Choice software. The obtained results indicate that the factor of infrastructural development with 44.5% had the most impact on the biological threats of Makran beaches, and the pollution of the four quays with 25.1% had the most impact among the infrastructure pollution criteria as one of the It is the most important environmental risk in the study area. According to the surveys, the application of environmental laws and regulations is listed as the most important measure to eliminate environmental threats. Of course, according to the study, the development of the region has been done without evaluating the environmental effects.
One of the hidden types of violence against women (VAW) that is linked to the degradation of the ... more One of the hidden types of violence against women (VAW) that is linked to the degradation of the environment is ecological violence. Ecological violence refers to a type of violence which is formed as a result of environmental crisis in communities. In this descriptive-analytic article, an attempt has been made to examine the effects of environmental degradation on the increase of VAW from a legal perspective and also with referring to the role of women in preserving the environment. As the environmental degradation may cause to the VAW, the ecological VAW can lead to more serious destruction of environment by eliminating the women as the protectors of the environment and natural resources. Despite the prevalence of this type of VAW, it has not gained appropriate attention in the documents and mechanisms related to the environment and women. It seems that UN formal organizations and states must establish and develop the legal rules as well as provide the serious and effective monitoring mechanisms until to create the way for turning the eye of international actors to visible and hidden aspects of this phenomenon. Also the combating gender inequality and reducing it as the base for environmental injustice which is the main causes of ecological VAW, is a necessary. Furthermore, NGOs related to women rights on one side and those related to the environmental protection on the other side can play a significant role in this regard
According to article 98 of the Civil Service Management Act of Iran, the acquiring of foreign cit... more According to article 98 of the Civil Service Management Act of Iran, the acquiring of foreign citizenship by State staff and executives with the confirmation of the Ministry of Foreign Affairsfwill result in termination of government service. Acceptance of citizenship of a foreign country whenever it comes to preserving Iranian citizenship, is called dual citizenship. Despite the many domestic and international efforts to implement these principles, there are sometimes people who are "stateless" or have "dual citizenship". In recent years, many legal arguments have been raised about the political authorities with dual nationality. In this paper, some legal dimensions of this issue have been analyzed and evaluated from the perspective of public law teachings. The basic premise of this article is based on the assumption that the mere existence of dual nationality cannot be undesirable in law, but in the case of the political dual nationality authorities, the legislator must be cautious in setting up employment regulations.
Journal of Philosophical Theological Research, 2009
Having Analyzing the concepts of ‘intrinsic value’ and ‘instrumental value’ in the domain of natu... more Having Analyzing the concepts of ‘intrinsic value’ and ‘instrumental value’ in the domain of natural environment, the present essay deals with the major approaches in the philosophy of environment and ethics of environment as well as discusses the approaches in the domain of law, especially in relation to the environmental damages. The basic assumption of this writing is that the orientation of the laws and approaches is still anthropocentric, neglecting the biocentric approaches which include man as one element. In the end, while inspired by the Islamic doctrines in the philosophy of environment and the law of environment, the essay emphasizes on the anthrobiocentric approach.
Iran, as the holder of world's fourth largest oil reserves and world's largest gas reserv... more Iran, as the holder of world's fourth largest oil reserves and world's largest gas reserves, is sensibly exposed to pollutions resulting from oil and gas industry which is its most important economy sector. A significant portion of these pollutions is caused by the upstream oil and gas industry and the remaining portion is resulted from the downstream oil and gas industry. The present research is dedicated to the legal requirements stipulated in Islamic Republic of Iran's Fundamental Legal Instruments. These instruments include the Constitution, Five-year Development Plan, the Twenty-year Perspective Law, General Policies and similar documents. The central assumption of this study is founded on the idea that fundamental instrument of the Iranian Legal System have a solid general approach with regard to the issue of environmental protection in upstream oil and gas related activities. This approach is specifically evident in Principle 50 of the Constitution.
International sanctions against Iran have had various effects at national level. This paper has e... more International sanctions against Iran have had various effects at national level. This paper has examined the effects of sanctions on the environment, energy and technology transfer areas from the international view point. The fundamental assumption of this paper is that sanctions on the environment violate the right to a clean environment which is directly related to the right to health and the right to life. They also, breach general and special environmental law principles, including common but differentiated responsibilities principle, co-operation principle, etc. Considering the vast importance of energy in Iran's economy, it is evident that sanctions have had widespread impacts on this part. Restricting the transfer of knowledge and technology related to nuclear activities and energy has caused problems on industry and technology.
n the case of the relationship between government and environmental obligations there are differe... more n the case of the relationship between government and environmental obligations there are different views in public law theory. At least three approaches can be mentioned in the context of general task to which principle 50 of constitution refers. The first approach is based on the centrality of the state in protecting the environment and ensuring the right to a healthy environment (State-centric approach). This approach assumes that the market and the private sector are incapable of protecting the environment. So it is only the state that has the primary responsibility for protection of the environment as a general task. The second approach relates to the absence of the state in protecting the environment (Approach without government). In fact the emergence of this approach is because of the inability of the government to protect the environment. According to this approach the government cannot protect the environment propperly and experience has shown that some governments have be...
For the past twenty years, “phraseology” has been considered a very important topic of study for ... more For the past twenty years, “phraseology” has been considered a very important topic of study for various specialized languages. The linguistic view that used to see phraseology such as “idiom researches and lexicography classifying various kinds of idiomatic expressions” has changed meaningfully. Nowadays, thanks to these changes, the new view is focused on identifying and classifying phraseology as well as applying them to research in theory. That is why we would do well to try to define new horizons of phraseology in different specialized languages. The language of interest here is the prescriptive and descriptive language of international law instruments. We should consider this language as the normative language of judges, legislators, courts and international lawyers. These practitioners – who use specific types of phraseology and stable linguistic structures –should perhaps adhere to the use of a professional language that conforms to recognized standards of normative rules. T...
Water resources in the armed conflict are facing extensive destruction and pollution. Today, prot... more Water resources in the armed conflict are facing extensive destruction and pollution. Today, protection of water and water resources has become increasingly important during armed conflict. Water resources can be used as a means of warfare, and are also an important source of sustaining civilian life and survival. The key question is, what are the rules in humanitarian law to protect waters during armed conflict? In short, although there are few rules for protecting waters in armed conflict, there are some rules and documents in international humanitarian law. The most important of these rules are: prohibition of water pollution, prohibition of attack on water facilities, guarantee of drinking water rights of prisoners, prohibition of using water as a destructive weapon, and finally the prohibition of attacks on those water resources, which is necessary for the survival of the civilian population. The main purpose of this paper is that for the first time in Persian literature review...
یکی از پدید‌ه‌های نوظهوری که حقوق و سلامت زن و در نتیجه حریم انسانیت و امنیت جامعه را خدشه‌دار نم... more یکی از پدید‌ه‌های نوظهوری که حقوق و سلامت زن و در نتیجه حریم انسانیت و امنیت جامعه را خدشه‌دار نموده، عمل شنیع اسیدپاشی بر بدن و چهرهی زنان و دختران جوان است. خشونت اسیدی به عنوان شکلی نوین از خشونت علیه زنان، بازتاب نابرابری جنسیتی و تبعیض در جامعه به شمار میرود. این عمل، نه تنها خود قربانی، بلکه خانواده او و جامعه را تحت تأثیر قرار می‌دهد. اسیدپاشی در فقه اسلامی از نظر نوع سلاح ذیل محاربه قرار میگیرد و از لحاظ تکرار عمل، افساد فیالارض محسوب میشود. این عمل در نظام بینالمللی حقوق بشر نوعی تبعیض و خشونت مبتنی بر جنسیت علیه زنان و در نتیجه نقض حقوق بشری بنیادین آنان بوده و بیگمان ممنوع است. بر این اساس، دولتها باید در پیشگیری، تحقیق و مجازات مرتکبین اسیدپاشی، مساعی مقتضی را به کار گیرند. مقالهی فرارو، از رهگذر شیوهای توصیفی-تحلیلی و با بکارگیری سبک تحلیل محتوا، بر آن است تا به تبیین اسیدپاشی از نظر حقوق اسلام و نظام بینالمللی حقوق بشر بپردازد.
DOAJ (DOAJ: Directory of Open Access Journals), May 1, 2022
One of the hidden types of violence against women (VAW) that is linked to the degradation of the ... more One of the hidden types of violence against women (VAW) that is linked to the degradation of the environment is ecological violence. Ecological violence refers to a type of violence which is formed as a result of environmental crisis in communities. In this descriptive-analytic article, an attempt has been made to examine the effects of environmental degradation on the increase of VAW from a legal perspective and also with referring to the role of women in preserving the environment. As the environmental degradation may cause to the VAW, the ecological VAW can lead to more serious destruction of environment by eliminating the women as the protectors of the environment and natural resources. Despite the prevalence of this type of VAW, it has not gained appropriate attention in the documents and mechanisms related to the environment and women. It seems that UN formal organizations and states must establish and develop the legal rules as well as provide the serious and effective monitoring mechanisms until to create the way for turning the eye of international actors to visible and hidden aspects of this phenomenon. Also the combating gender inequality and reducing it as the base for environmental injustice which is the main causes of ecological VAW, is a necessary. Furthermore, NGOs related to women rights on one side and those related to the environmental protection on the other side can play a significant role in this regard
The right of access to a healthy environment is one of the most important
rights in the current ... more The right of access to a healthy environment is one of the most important rights in the current discourses on human rights and citizenship. Pursuant to this right, everyone has the right to live in a healthy, clean and unpolluted environment. The emergence and importance of this right in the area of public law was the result of the evolution of human being’s collective life style, the change of human-state relations with nature, and forgetting the ecological semi-systems around the self in the rapid process of development after the Industrial Revolution. Therefore, the fundamental question which arises is that on the basis of which foundations such a right is formed for humanity and how it is justified in terms of philosophical-theological views reflected in Islamic sources as well as in modern texts? In this paper, it has been tried to address some aspects of this issue. Accordingly, first, in addition to conceptual analysis, we deal with the philosophical-theological foundations of the right to the environment (1). Then, the general philosophical-theological rules of this right from the perspective of Islamic law would be discussed (2). The basic presumption based on which this paper is grounded is that the right to environment cannot achieve its goal which is ensuring the healthy environment without thaking into account its philosophical dimensions as well as it metaphysical status.
Field and Aims: Biodiversity is one of the main elements of environmental care and the source of ... more Field and Aims: Biodiversity is one of the main elements of environmental care and the source of human life on the planet and includes plants and animals that live and interact in water, land and air. As technological advances provide more opportunities to exploit the natural resources of the oceans, so do threats to biodiversity. Due to the importance of marine biodiversity in areas outside the national jurisdiction and the increasing use of its resources, the international community's concern for the protection of biodiversity in these areas has increased. Gaps in the legal system of maritime areas outside national jurisdiction double the need for effective action to protect the marine environment in these areas. Method: This research has been conducted in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information has been analyzed in a descriptive-analytical manner. Findings and Conclusions: In order to protect this marine environment, there is a need for the adoption of rules and regulations at the international level, which should be respected by the subjects of international law, because despite the multilateral agreements, conventions and agreements, there is still a binding mechanism. Regarding the protection of the environment, there are no high seas, therefore, given the current commitments of governments in the field of biodiversity protection in the high seas, the need for the adoption of a binding document is felt more than ever.
یکی از پدید‌ه‌های نوظهوری که حقوق و سلامت زن و در نتیجه حریم انسانیت و امنیت جامعه را خدشه‌دار نم... more یکی از پدید‌ه‌های نوظهوری که حقوق و سلامت زن و در نتیجه حریم انسانیت و امنیت جامعه را خدشه‌دار نموده، عمل شنیع اسیدپاشی بر بدن و چهرهی زنان و دختران جوان است. خشونت اسیدی به عنوان شکلی نوین از خشونت علیه زنان، بازتاب نابرابری جنسیتی و تبعیض در جامعه به شمار میرود. این عمل، نه تنها خود قربانی، بلکه خانواده او و جامعه را تحت تأثیر قرار می‌دهد. اسیدپاشی در فقه اسلامی از نظر نوع سلاح ذیل محاربه قرار میگیرد و از لحاظ تکرار عمل، افساد فیالارض محسوب میشود. این عمل در نظام بینالمللی حقوق بشر نوعی تبعیض و خشونت مبتنی بر جنسیت علیه زنان و در نتیجه نقض حقوق بشری بنیادین آنان بوده و بیگمان ممنوع است. بر این اساس، دولتها باید در پیشگیری، تحقیق و مجازات مرتکبین اسیدپاشی، مساعی مقتضی را به کار گیرند. مقالهی فرارو، از رهگذر شیوهای توصیفی-تحلیلی و با بکارگیری سبک تحلیل محتوا، بر آن است تا به تبیین اسیدپاشی از نظر حقوق اسلام و نظام بینالمللی حقوق بشر بپردازد.
The outbreak of Covid-19 disease in relation to environmental law can be
analyzed from different ... more The outbreak of Covid-19 disease in relation to environmental law can be analyzed from different dimensions. Theoretically, it shows the deep roots of the philosophical, moral and legal crisis of man in the face of nature. In practice, the role of environmental law in preventing the spread of "humananimal" diseases is recalled. Environmental effects, showed two positive and negative differences in the natural and human environment. On the positive side, the outbreak of this disease has temporarily improved the quality of the urban environment (air pollution, noise, fuel consumption) and, in proportion to some animals, has led to the prohibition of trade and sale and consumption of wild animal meat. On the other hand, the negative effects of this disease have affected issues such as the accumulation of medical waste, wasteful consumption of water and the suspension of environmental regulations against companies. In this article, some of the above environmental dimensions have been tried to be analyzed and evaluated from the perspective of environmental law. The key question is, given the environmental effects and contexts of the outbreak of the disease, what changes the environmental law system needs and what preventive legal response is necessary. The basic premise of this article is based on the need for human beings in the philosophical-legal field to review their relationship with nature and animals, and in practice, with the outbreak of this disease, it is necessary to take some legal measures
The UNEP is at the heart of the current United Nations environmental structure and is the most im... more The UNEP is at the heart of the current United Nations environmental structure and is the most important international environmental institution. The present study, due to the increasing prevalence of environmental problems, seeks to answer this fundamental question: has the UNEP, among a multitude of environmental norms and the multiplicity of related institutions, been able to play a pivotal role in international environmental governance in practice? Has its environmental performance met expectations? The present article will conclude that despite all the successes recorded in the available statistics and reports, the current structure of the UNEP cannot meet the environmental problems of the planet and it is unable to manage efficiently the planet's environmental problems and be able to monitor the performance of governments on the environmental commitments. Therefore, several suggestions have been made in this regard
Base, scope, extent and manner of government intervention in social and economic era is one of th... more Base, scope, extent and manner of government intervention in social and economic era is one of the most fundamental issues in public law. This paper explores one aspect of the recent work of Jürgen Habermas on legitimating crisis and its relationship with intervention of state in public sphere. It focuses on Hagerman's claim that the pre-capitalist moral values on which capitalism has hitherto relied has become progressively displaced by the growth of the capitalist economy. This has caused critical problems for the state management of the economy, in the absence of an established internalized set of values which could act both as restraints upon economic demands and as reinforcements to an ethic. The conclusion of the paper is that while rational discussion of values is important, this does not entail that the possibility agreement is required to make sense of this activity. This article examines the relationship between legitimacy and scope of government intervention as a central issue in contemporary philosophy of public law.
Makran's rich coasts from Jask to Goater, including coastal promontories, it is more than 600 squ... more Makran's rich coasts from Jask to Goater, including coastal promontories, it is more than 600 square kilometers, which is one of the five strategic areas of the world. The importance of the Oman Sea to the world in the fields of transportation, energy supply, huge mineral resources and environmental balance is evident. Whenever there is talk of environmental problems in the waters of southern Iran, all attention has been focused on the Persian Gulf and less on the Oman Sea, so that we are faced with scarce resources. In this research, using the reports of the general environmental protection departments of the coastal provinces and a comprehensive list of environmental criteria, they have been selected as the final list for decision-making, so in this regard, after using the opinions and evaluations of a group of experts Delphi was also used in order to obtain the relative and final weight of each of these factors by entering the values of preferences into the Expert Choice software. The obtained results indicate that the factor of infrastructural development with 44.5% had the most impact on the biological threats of Makran beaches, and the pollution of the four quays with 25.1% had the most impact among the infrastructure pollution criteria as one of the It is the most important environmental risk in the study area. According to the surveys, the application of environmental laws and regulations is listed as the most important measure to eliminate environmental threats. Of course, according to the study, the development of the region has been done without evaluating the environmental effects.
One of the hidden types of violence against women (VAW) that is linked to the degradation of the ... more One of the hidden types of violence against women (VAW) that is linked to the degradation of the environment is ecological violence. Ecological violence refers to a type of violence which is formed as a result of environmental crisis in communities. In this descriptive-analytic article, an attempt has been made to examine the effects of environmental degradation on the increase of VAW from a legal perspective and also with referring to the role of women in preserving the environment. As the environmental degradation may cause to the VAW, the ecological VAW can lead to more serious destruction of environment by eliminating the women as the protectors of the environment and natural resources. Despite the prevalence of this type of VAW, it has not gained appropriate attention in the documents and mechanisms related to the environment and women. It seems that UN formal organizations and states must establish and develop the legal rules as well as provide the serious and effective monitoring mechanisms until to create the way for turning the eye of international actors to visible and hidden aspects of this phenomenon. Also the combating gender inequality and reducing it as the base for environmental injustice which is the main causes of ecological VAW, is a necessary. Furthermore, NGOs related to women rights on one side and those related to the environmental protection on the other side can play a significant role in this regard
According to article 98 of the Civil Service Management Act of Iran, the acquiring of foreign cit... more According to article 98 of the Civil Service Management Act of Iran, the acquiring of foreign citizenship by State staff and executives with the confirmation of the Ministry of Foreign Affairsfwill result in termination of government service. Acceptance of citizenship of a foreign country whenever it comes to preserving Iranian citizenship, is called dual citizenship. Despite the many domestic and international efforts to implement these principles, there are sometimes people who are "stateless" or have "dual citizenship". In recent years, many legal arguments have been raised about the political authorities with dual nationality. In this paper, some legal dimensions of this issue have been analyzed and evaluated from the perspective of public law teachings. The basic premise of this article is based on the assumption that the mere existence of dual nationality cannot be undesirable in law, but in the case of the political dual nationality authorities, the legislator must be cautious in setting up employment regulations.
Journal of Philosophical Theological Research, 2009
Having Analyzing the concepts of ‘intrinsic value’ and ‘instrumental value’ in the domain of natu... more Having Analyzing the concepts of ‘intrinsic value’ and ‘instrumental value’ in the domain of natural environment, the present essay deals with the major approaches in the philosophy of environment and ethics of environment as well as discusses the approaches in the domain of law, especially in relation to the environmental damages. The basic assumption of this writing is that the orientation of the laws and approaches is still anthropocentric, neglecting the biocentric approaches which include man as one element. In the end, while inspired by the Islamic doctrines in the philosophy of environment and the law of environment, the essay emphasizes on the anthrobiocentric approach.
Iran, as the holder of world's fourth largest oil reserves and world's largest gas reserv... more Iran, as the holder of world's fourth largest oil reserves and world's largest gas reserves, is sensibly exposed to pollutions resulting from oil and gas industry which is its most important economy sector. A significant portion of these pollutions is caused by the upstream oil and gas industry and the remaining portion is resulted from the downstream oil and gas industry. The present research is dedicated to the legal requirements stipulated in Islamic Republic of Iran's Fundamental Legal Instruments. These instruments include the Constitution, Five-year Development Plan, the Twenty-year Perspective Law, General Policies and similar documents. The central assumption of this study is founded on the idea that fundamental instrument of the Iranian Legal System have a solid general approach with regard to the issue of environmental protection in upstream oil and gas related activities. This approach is specifically evident in Principle 50 of the Constitution.
International sanctions against Iran have had various effects at national level. This paper has e... more International sanctions against Iran have had various effects at national level. This paper has examined the effects of sanctions on the environment, energy and technology transfer areas from the international view point. The fundamental assumption of this paper is that sanctions on the environment violate the right to a clean environment which is directly related to the right to health and the right to life. They also, breach general and special environmental law principles, including common but differentiated responsibilities principle, co-operation principle, etc. Considering the vast importance of energy in Iran's economy, it is evident that sanctions have had widespread impacts on this part. Restricting the transfer of knowledge and technology related to nuclear activities and energy has caused problems on industry and technology.
n the case of the relationship between government and environmental obligations there are differe... more n the case of the relationship between government and environmental obligations there are different views in public law theory. At least three approaches can be mentioned in the context of general task to which principle 50 of constitution refers. The first approach is based on the centrality of the state in protecting the environment and ensuring the right to a healthy environment (State-centric approach). This approach assumes that the market and the private sector are incapable of protecting the environment. So it is only the state that has the primary responsibility for protection of the environment as a general task. The second approach relates to the absence of the state in protecting the environment (Approach without government). In fact the emergence of this approach is because of the inability of the government to protect the environment. According to this approach the government cannot protect the environment propperly and experience has shown that some governments have be...
For the past twenty years, “phraseology” has been considered a very important topic of study for ... more For the past twenty years, “phraseology” has been considered a very important topic of study for various specialized languages. The linguistic view that used to see phraseology such as “idiom researches and lexicography classifying various kinds of idiomatic expressions” has changed meaningfully. Nowadays, thanks to these changes, the new view is focused on identifying and classifying phraseology as well as applying them to research in theory. That is why we would do well to try to define new horizons of phraseology in different specialized languages. The language of interest here is the prescriptive and descriptive language of international law instruments. We should consider this language as the normative language of judges, legislators, courts and international lawyers. These practitioners – who use specific types of phraseology and stable linguistic structures –should perhaps adhere to the use of a professional language that conforms to recognized standards of normative rules. T...
Water resources in the armed conflict are facing extensive destruction and pollution. Today, prot... more Water resources in the armed conflict are facing extensive destruction and pollution. Today, protection of water and water resources has become increasingly important during armed conflict. Water resources can be used as a means of warfare, and are also an important source of sustaining civilian life and survival. The key question is, what are the rules in humanitarian law to protect waters during armed conflict? In short, although there are few rules for protecting waters in armed conflict, there are some rules and documents in international humanitarian law. The most important of these rules are: prohibition of water pollution, prohibition of attack on water facilities, guarantee of drinking water rights of prisoners, prohibition of using water as a destructive weapon, and finally the prohibition of attacks on those water resources, which is necessary for the survival of the civilian population. The main purpose of this paper is that for the first time in Persian literature review...
یکی از پدید‌ه‌های نوظهوری که حقوق و سلامت زن و در نتیجه حریم انسانیت و امنیت جامعه را خدشه‌دار نم... more یکی از پدید‌ه‌های نوظهوری که حقوق و سلامت زن و در نتیجه حریم انسانیت و امنیت جامعه را خدشه‌دار نموده، عمل شنیع اسیدپاشی بر بدن و چهرهی زنان و دختران جوان است. خشونت اسیدی به عنوان شکلی نوین از خشونت علیه زنان، بازتاب نابرابری جنسیتی و تبعیض در جامعه به شمار میرود. این عمل، نه تنها خود قربانی، بلکه خانواده او و جامعه را تحت تأثیر قرار می‌دهد. اسیدپاشی در فقه اسلامی از نظر نوع سلاح ذیل محاربه قرار میگیرد و از لحاظ تکرار عمل، افساد فیالارض محسوب میشود. این عمل در نظام بینالمللی حقوق بشر نوعی تبعیض و خشونت مبتنی بر جنسیت علیه زنان و در نتیجه نقض حقوق بشری بنیادین آنان بوده و بیگمان ممنوع است. بر این اساس، دولتها باید در پیشگیری، تحقیق و مجازات مرتکبین اسیدپاشی، مساعی مقتضی را به کار گیرند. مقالهی فرارو، از رهگذر شیوهای توصیفی-تحلیلی و با بکارگیری سبک تحلیل محتوا، بر آن است تا به تبیین اسیدپاشی از نظر حقوق اسلام و نظام بینالمللی حقوق بشر بپردازد.
Résumé: Au la lumière de droit constitutionnel comparé l’État fédéral avait qeulques complexités ... more Résumé: Au la lumière de droit constitutionnel comparé l’État fédéral avait qeulques complexités profonde au niveaux judiciar ,executife et legislatife.alors dans cette etude Mr Professor Louis,Favoreu verifie des principes d’organisation commune à tous les État fédéraux et son évolution dans le system de droit costitutionnel comparé.il s’agit de toute construction fédéral qui combine trios principes organisateurs; principe de superposition des orders juridique, autonommie des États fédérés et participation de ces derniers aux pouvoirs federal. Ensuite l’écrivain donne plusieurs exemples ,notamment le cas des États-Unis, de la Suisse, du Canada ,Allemagne, Belgique et Australie. Mots-clés: Fédéralism, Order constitutionnel, Principe de superposition, Principe d'autonomie, Principe de Participation.
In 2019, we celebrate 800 years of the peaceful and well-intentioned meeting between Saint Franci... more In 2019, we celebrate 800 years of the peaceful and well-intentioned meeting between Saint Francis of Assisi and Sultan Al-Kamil in Damietta, on the edge of the Nile Delta, in Egypt. This event has prompted various interpretations. Some are convinced that the encounter is the expression of Francis' arbitrariness. Others argue that the Saint from Assisi was eager to suffer martyrdom. In this meeting of a Christian religious leader and a Muslim Sultan, we symbolically recognize the beginnings of interreligious dialogue. In defining the facets of dialogue we can be led in different directions. However, we come from the belief that the most important element of interreligious dialogue is respect for another's different faith, to the extent that we acknowledge it, and even allow someone to live according to the beliefs comprising the fundamentals of that faith. Stemming from the love of neighbor, and the articles of faith comprising his beliefs that may be foreign to me, I will respect the Muslim as I do the Christian. Thus, at the beginning of the month of Ramadan, I wish my Muslim neighbor success in his actions to deepen his spirituality. In this light, we may recall Francis' visit to the Sultan in Damietta. The evocation of this encounter, moreover, is an incentive for us to respect otherwise new and different systems of belief unfamiliar to us. The General Minister of the Order of Franciscans, Fr. Michael A. Perry, invited Franciscans around the world in a special communiqué to remember this meeting of Francis and the Sultan through a variety of commemorative events. The response has been very encouraging. In 2019, Franciscans are organizing events that remind us of the encounter of the saint and the sultan eight centuries ago and that evaluate the breadth and depth of interreligious dialogue occasioned by this meeting in 1219. Here following are events commemorating the 800th Anniversary of the Meeting in Damietta. Pope Francis sent his delegate to Damietta, March 1, 2019. Cardinal Leonardo Sandri, the prefect of the Congregation for the Eastern Church, arrived in Egypt and shared the desire of Pope Francis to make every effort to promote peace and dialogue. For that occasion, the Holy Father wrote a special letter in which he called Saint Francis a »Man of Peace« who taught his religious brothers to say, »Let the Lord give you peace!« The Pope asked Cardinal Sandri to bring his brotherly greetings to all, Christians and Muslims. In the letter, moreover, he wishes that no one succumb to the temptation of violence, especially under any religious pretense. To the contrary, Franciscans and laypersons should implement the plans of a dialogue, reconciliation and cooperation leading people to brotherly communion. Spreading peace and goodness must be in accord with the words of the prophet Isaiah: »The nation will no longer lift up the sword against the people, they will no longer learn warfare.« The Holy Father concludes the letter with the blessing of all those who will follow through with meaningful actions leading to dialogue. Interfaith dialogue and peace are goals to pursue. In Spain, the anniversary was celebrated by the Theological Institute and the University of Murcia from the 4th to 7th March 2019. In Venice, the Institute of St. Bernardine for Ecumenical Studies organized a scientific conference on March 14, 2019, titled A History of Dialogue Beginning with Francis. On April 9, the Pontifical University Antonianum in Rome – the Faculty of Canon Law and Philosophy, organized a conference titled Reflecting on Hospitableness – Past and Present. The same Franciscan university celebrated the event of the Damietta encounter on May 15, 2019, in Jerusalem, at its Department of Biblical Science and Archeology. The International Franciscan Community, which is testifying with its presence in Istanbul, will also speak on Reciprocal Kindness on October 19, 2019. The Franciscans in Paris will, from November 25 to November 26, 2019, consider if the meeting in Damietta bears the same fruits today as it had inspired eight centuries ago. Slovenian Franciscans also join the celebration. The Stanko Janežič Institute for Dogmatic, Fundamental and Ecumenical Theology and Religiology and Dialogue, operating within the Faculty of Theology and the Slovenian Franciscan Province of Holy Cross are organizing a scientific conference of 800 years of cohabitation from 1st to 3rd October 2019 in the Franciscan friary at Tromostovje in Ljubljana, which will highlight the event of eight centuries ago and focus on the 9 dialogue between Christians and Muslims in the past and today. The lecturers will concentrate on cooperation between Franciscans and Muslims in the past eight centuries. Let all the words spoken at this symposium be an incentive to know and be able to respect each other today and thus build peace and harmony in the modern world. On this occasion we would like to thank p. Marjan Čuden, the Provincial of the Slovenian Franciscans, and the provincial board for material support in the implementation of our conference. We also thank the Dean of the Faculty of Theology, prof. dr. Robert Petkovšek, for co-financing the conference. International Scientific Conference on the Dialogue between Christians and Muslims at the 800th Anniversary of the Meetingbetween Saint Francis of Assisi and the Sultan Al-Kamil in Egypt/ 800 let sobivanja : predstavitveni zbornik predavateljev s programom in povzetki = 800 years of convivence : presentation book with program and abstracts / Mednarodna znanstvena konferenca o dialogu med kristjani in muslimani ob 800-letnici srečanja sv. Frančiška s sultanom Al-Kamilom v Egiptu = International Scientific Conference on the Dialogue between Christians and Muslims at the 800th Anniversary of the Meeting between Saint Francis of Assisi and the Sultan Al-Kamil in Egypt, Ljubljana, Slovenia, 1.-3. oktober 2019 ; [urednik Mari Osredkar]. - Ljubljana : Teološka fakulteta : Brat Frančišek, 2019
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Papers by Ali Mashhadi
rights in the current discourses on human rights and citizenship. Pursuant to
this right, everyone has the right to live in a healthy, clean and unpolluted
environment. The emergence and importance of this right in the area of
public law was the result of the evolution of human being’s collective life
style, the change of human-state relations with nature, and forgetting the
ecological semi-systems around the self in the rapid process of development
after the Industrial Revolution. Therefore, the fundamental question which
arises is that on the basis of which foundations such a right is formed for
humanity and how it is justified in terms of philosophical-theological views
reflected in Islamic sources as well as in modern texts? In this paper, it has
been tried to address some aspects of this issue. Accordingly, first, in
addition to conceptual analysis, we deal with the philosophical-theological
foundations of the right to the environment (1). Then, the general
philosophical-theological rules of this right from the perspective of Islamic
law would be discussed (2). The basic presumption based on which this
paper is grounded is that the right to environment cannot achieve its goal
which is ensuring the healthy environment without thaking into account its
philosophical dimensions as well as it metaphysical status.
analyzed from different dimensions. Theoretically, it shows the deep roots of
the philosophical, moral and legal crisis of man in the face of nature. In
practice, the role of environmental law in preventing the spread of "humananimal"
diseases is recalled. Environmental effects, showed two positive and
negative differences in the natural and human environment. On the positive
side, the outbreak of this disease has temporarily improved the quality of the
urban environment (air pollution, noise, fuel consumption) and, in
proportion to some animals, has led to the prohibition of trade and sale and
consumption of wild animal meat. On the other hand, the negative effects of
this disease have affected issues such as the accumulation of medical waste,
wasteful consumption of water and the suspension of environmental
regulations against companies. In this article, some of the above
environmental dimensions have been tried to be analyzed and evaluated
from the perspective of environmental law. The key question is, given the
environmental effects and contexts of the outbreak of the disease, what
changes the environmental law system needs and what preventive legal
response is necessary. The basic premise of this article is based on the need
for human beings in the philosophical-legal field to review their relationship
with nature and animals, and in practice, with the outbreak of this disease, it
is necessary to take some legal measures
rights in the current discourses on human rights and citizenship. Pursuant to
this right, everyone has the right to live in a healthy, clean and unpolluted
environment. The emergence and importance of this right in the area of
public law was the result of the evolution of human being’s collective life
style, the change of human-state relations with nature, and forgetting the
ecological semi-systems around the self in the rapid process of development
after the Industrial Revolution. Therefore, the fundamental question which
arises is that on the basis of which foundations such a right is formed for
humanity and how it is justified in terms of philosophical-theological views
reflected in Islamic sources as well as in modern texts? In this paper, it has
been tried to address some aspects of this issue. Accordingly, first, in
addition to conceptual analysis, we deal with the philosophical-theological
foundations of the right to the environment (1). Then, the general
philosophical-theological rules of this right from the perspective of Islamic
law would be discussed (2). The basic presumption based on which this
paper is grounded is that the right to environment cannot achieve its goal
which is ensuring the healthy environment without thaking into account its
philosophical dimensions as well as it metaphysical status.
analyzed from different dimensions. Theoretically, it shows the deep roots of
the philosophical, moral and legal crisis of man in the face of nature. In
practice, the role of environmental law in preventing the spread of "humananimal"
diseases is recalled. Environmental effects, showed two positive and
negative differences in the natural and human environment. On the positive
side, the outbreak of this disease has temporarily improved the quality of the
urban environment (air pollution, noise, fuel consumption) and, in
proportion to some animals, has led to the prohibition of trade and sale and
consumption of wild animal meat. On the other hand, the negative effects of
this disease have affected issues such as the accumulation of medical waste,
wasteful consumption of water and the suspension of environmental
regulations against companies. In this article, some of the above
environmental dimensions have been tried to be analyzed and evaluated
from the perspective of environmental law. The key question is, given the
environmental effects and contexts of the outbreak of the disease, what
changes the environmental law system needs and what preventive legal
response is necessary. The basic premise of this article is based on the need
for human beings in the philosophical-legal field to review their relationship
with nature and animals, and in practice, with the outbreak of this disease, it
is necessary to take some legal measures