Research & Education

 

1- International Responsibilities of States for Damages of Using Replaced Energy Resources: Case Study, Technology of Carbon Capture and Storage under Seabed.

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Behnam Rezaei Nasab, M.A. in International Law, Faculty of Law and Political Science, University of Allameh Tabataba'i, Tehran, Iran.

Journal of Public Law Research, Volume: 49, Issue: 1, 2019.

During time and with improvements in science, consumptions of energy and using natural resources have been greatly increased. But using energy leads to demolition of environment. Also according to increase in fossil fuel usage and combustion of these fuels, the concentrations of greenhouse gases have been notably increased. Such new technology for confronting with the phenomenon of warmness or controlling it to have ecological balance is Carbon Capture and Storage under sea beds. Also there might be some disasters because of incorrect guidelines in using this or other technologies in environment. Thus there may be need for some rules and laws of responsibilities in environmental damages in order to claim international responsibilities of states and non-state actors. In this research we want to discuss about Replacing Energies and the technology of Carbon Capture and Storage and analyze the possible damages to the environment by referring to principles and concepts of environment international law and finally we get to discuss about the international responsibilities of states in using this technology.

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2- Evolution of Development in the Changing Context of the United Nations

The Iranian Review for UN Studies (IRUNS) ـVol.1, No.1, Summer & Autumn 2018

Majidreza Momeni,

Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Aramesh Shahbazi

Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

The concept of development has changed over periods of time and gained momentum particularly after the end of WWII. The establishment of the United Nations (UN) brought about a new dimension to this concept in international relations. In other words, the development then came into a concrete meaning, mostly understood as economic growth and one-sided process dominating the functioning of the UN and relations among the States during the Cold War. Although, the issue has gone through many changes and phases in the context of the UN, yet the end of the Cold War and the emergence of globalization are considered as turning points in bringing about a whole new idea, giving development a multi-dimensional meaning and becoming a multitude process under the framework of Sustainable Development which eventually led the UN to play a proactive role unlike the past. This paper tries to study and analyse the fact that how the concept of development has qualitatively changed under the UN auspices and the emergence of globalization in order to offer a better understanding of the changing role of the UN in the realization of sustainable development and future nature of international system

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3- Imposing Sanctions against States and Violation of Freedom of Mass Media: The Case of Iran

Aramesh Shahbazi,

Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Asian Academic Research Journal Social Sciences and Humanities, 1, 5, 2018/01/01

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4- Court of Arbitration for Sport: Towards Convergence between National Anti-doping Rules and Emergence of lex sportive

Aramesh Shahbazi ,Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Pouya Berelian , MA. in International Law, Faculty of Law and Political Science, University of Allameh Tabataba'i, Tehran, Iran

Strategic Studies on Youth and Sports, Volume 17, Issue 39, 2018.

The purpose of this paper is to examine the structure and functions of the Court of Arbitration for Sport (CAS), in order to highlight a number of problems concerning judicial activities at the global level. First we will outline CAS’ organization and functions, from its inception to the present date. Then we will focus on the role of CAS in making lex sportiva, and it will take into account three different functions: the development of common legal principles; the interpretation of global norms and the influence on sports law-making; and the harmonization of global sports law. As a result, the analysis of CAS and its role as law-maker, in fact, allows us to shed light on broader global governance trends affecting areas such as the institutional design of global regimes, with specific regards to the separation of powers and the emergence of judicial activities in realm of international sport law.

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5- Investigation of Legitimacy of Foreign State Intervention in Non-International Armed Conflict: Deliberating about Yemen Crisis

Aramesh Shahbazi ,Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran

Pouya Berelian, M.A. in International Law, Faculty of Law and Political Science, University of Allameh Tabataba'i, Tehran, Iran.

Journal Legal Reaserch, Volume 17, Issue 34, 2018.

The non-interventionism principle for non-interfering in internal and external affairs of states, being the given result of equality between governments, is one of the known, incontestable principles in international law and it not only enjoys a high position in united nation charter but also in international relationships of states. Its position in international relationship is so significant that in several cases, it set the stage for transforming the current situation into an active controversy; thus, the regulators of the charter of United Nations tried to inhibit states from interfering in other state's affairs through significant experiences of World War I and II as well as through relying on the principle of "banning the use of force by states". However, the present tendency of states in international scene affirms the fact that the non-interventionism sometimes is subject to the interests of international governments, and the interests and expediencies of states affect the validity and legitimacy of this principle. This article analyzes the non-interventionism in the recent international procedure and the intervention of Saudi Arabia in Yemen and the assessment of the legitimacy of its intervention

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6- The Role of Biotechnology in Strategic Development of International Environmental Law

Aramesh Shahbazi ,Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran

Pouya Berelian M.A. in International Law, Faculty of Law and Political Science, University of Allameh Tabataba'i, Tehran, Iran.

Public Law Studies Quarterly, Volume 48, Issue 1, 2018.

Biotechnology allows exploitation of biomass and biodiesel in providing fuel through protecting biodiversity and developing novel strategies including strategies for removal of water, soil and weather pollutants; and it provides opportunities for development of environment international law by providing opportunities for utilization of exploitability of genetic materials resulting from fossilized remains of extinct flora and fauna species aiming at simulation of extinct species. Through providing alternative strategies instead of traditional methods for protection of environment and prevention of any damaged incurred on it, it can significantly help development of international law in this respect.While biotechnology plays a significant role in development of environment international law, the unknown poisonous composites, allergic responses, and unpredictable genetic pollutions resulting from supplying poisonousorganism due to intervention in existing organisms can pave the way for destruction and pollution of environment. The positive consequences of this technology and its negative effects are determinants accelerating the change in international society attitude towards the significance and the necessity of protection of environment, finally leading to increasingly development of environment international law. Focusing on the advantages and disadvantages of biotechnology, this study is concerned with how biotechnology can serve development of environment international law. While the positive aspects of biotechnology shouldn't be ignored, it is necessary to give due attention to its consequences and effects.

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7-Doping and Investigating CAS Arbitration against Doping

Medical Law Journal; 12(45) 2018.

 

Mehdi Zahedi

Associate Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Ali Dadgar

PhD Candidate of General International Law ,Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Seyyed Ghasem Zamani

Associate Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Aramesh Shahbazi

Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

 

Abstract:

Doping is the most important issues in national and international sports events which are contrary to the values of Olympic Movement and spirit of sport. IOC activities in fighting against doping led to establish World Anti-Doping Agency (2003) and all national and international sport organizations obliged to follow the WADA code (2005). EUNESCO convention was signed by 139 countries and become enforceable. Nevertheless, more doping cases arose .Specially the Russian doping scandal before Rio Olympic Game (2016). IOC decided to establish new CAS Division (Anti-Doping Division). CAS-ADD started working in Rio Olympic Games. CAS-ADD works under Swiss Law and accept doping-related matters, appoint a panel (independent and qualified), rule on WADA code and general principles of law (due process and procedure law), decision making within 24 hours-if necessary after the game, jurisdiction over subsequent retesting of samples during games. CAS demonstrated independence and capability in Rio games.
 

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8- A Review of Ad Hoc Division of CAS Development and Operation of AHD at Rio Olympic Games (2016)

Ali DadgarStrategic Studies on Youth and Sports, Volume 17, Issue 40, 2018.

PhD candidate of general international law ,Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Mehdi Zahedi

Associate Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Seyyed Ghasem Zamani

Associate Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Aramesh Shahbazi

Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

 

Sport is an international issue. Today, development of information technologies and importance of economic aspect of sport has caused to develop sport related disputes. To resolve these conflicts, sport governors established a fair and expert judgment system called, Court of Arbitration for Sport (CAS). Gradually due to many conflicts arose in this area since ١٩٩٦ during The Atlanta Olympic Games, a new division called Ad Hoc Division started to work. This division of CAS resolves disputes during Olympic Games and International sport events. The study is to review the role of AHD in resolving sport related disputes in Olympic Games and CAS as a role model for international law in resolving conflicts and developing Lex Sportiva, with special attention to Rio -٢٠١٦ Olympic Games and new division called Anti– Doping Division which started to work for the first time in this international event.

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9- Towards the Development of International Law of Internet

 

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

 

Journal of Public Law Research, Volume: 18 Issue: 54, 2017

 

The Internet has always been an international law problem. Clearly the International institutions ranging from the International Telecommunication union to the U.N. General Assembly are becoming increasingly involved in regulating the Internet. But it seems that still there is a long road to a coherence international system of rules and regulations concerning internet law in international community.
Apart from the question of the desirability of international rules and regulations, the problem of domestic censorship of filtering as a serious problem, to some extent endangered some human rights principles as free flow of information, principle of freedom of expression, right to privacy, openness and etc. in this article, by focusing on the universality and the unity of cyberspace and the place of cooperation among states to enhance the international relations, we will consider the necessity and the possibility of extension of rules and principles of general international law to this context.

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10- Medical Privacy of the Victims of Use of Chemical Weapons in Iran-Iraq War

Aramesh Shahbazi , Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Journal of Public Law Research, Volume: 46, Issue: 2, 2016.

The use of chemical weapons in Iran-Iraq war left many soldiers and civilians dead or severely injured. Provisions of binding international instruments and international customary law were breached and Iraq violated the principles of distinction, separation and use of conventional weapons during a conflict. While international humanitarian law regulates the conducts of the hostilities during the time of war, the principles of Human Rights are obligatory in both war and peace. This article will consider the right of victims of chemical weapons to privacy as an obligation for the medical teams, legal advisers, governmental and non-governmental entities and also by the judiciary branch.

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11- Some Considerations on Accession to the Hague Convention on Civil Aspects of International Child Abduction (1980) for Iran.

Aramesh Shahbazi ,Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Mohammad Ghorbanpour, Ph.D. in International Law, Allameh Tabataba'i University, Tehran, Iran.

Journal of Public Law Research, Volume: 47, Issue: 2, 2016.

Mohammad Ghorbanpour, Ph.D. in International Law, Allameh Tabataba'i University, Tehran, Iran.

Removal to or retention of children in foreign countries by one of their parents who has not the custody rights has created a lot of problems and difficulties for those children, their parents and also Judiciary System in Iran. The Islamic Republic of Iran has not yet received any positive respond from foreign countries that those children have taken to or retained in wrongfully, due to not acceding to the Hague Convention of 25 October 1980 on Civil Aspects of International Child Abduction. Meanwhile, invoking the treaties on judicial cooperation in civil matters, which has some articles dealing with enforcement of civil judgments, could not completely secure the prompt return of unlawful removed and retained children. It seems by acceding to this Convention, while considering all aspects; the child abduction phenomena in Iran could be overcomed.

 

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12- Environmental Challenges of Carbon Dioxide Capture and Storage under the Seabed

Aramesh Shahbazi , Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Journal of Public Law Research, Volume: 17, Issue: 49, 2016.

With the global warming and introduction of serious issues and concerns relating to the escalation of greenhouse gases, which directly affects the lives of flora and fauna, and the role of polluting gases such as carbon dioxide, man has strived to deal with this problem using new technologies. One of those technologies is to capture and store carbon dioxide under the seabed. Nevertheless, legal rules governing the different aspects of this process are not clear. Although, 1982 LOSC rules, 1975 London Convention and its additional protocol (2006) and even some European union directives that contain provisions in this area are significant, but still some existing challenges, including the environmental consequences resulting from the use of this technology requires serious attention in the international practice and relevant legal documents. In this paper we will briefly examine the existing legal capacities and some of the challenges relating to this technology.

 

13- Unilateral Sanctions against Iran in The Context Of International Criminal Law: Crime Against Humanity?

Seyed Ghasem Zamani

Associate Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Hossein Farahi

Aramesh Shahbazi

Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Journal of Criminal Law and Criminology, Volume:4, Issue:7, 2016

Abstract

Unilateral sanctions include actions taken by some states against the others. These sanctions are sometimes legitimate. However some of the sanctions could not be justified. It has widely been accepted that the obvious violation of fundamental human rights law in result of the unilateral sanctions may be considered as an international wrongful act. Although some believe that given the extensive devastating and inhuman impacts of all-out coercive international sanctions have been imposed unilaterally, can be considered as an international crime against humanity. In this article we will consider the side-effects of unilateral sanctions as crime against humanity by focusing on the unilateral Sanctions imposed by US against Iran.

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14- Carbon Capture and Storage (CCS) and its Impacts on Climate Change and Global Warming

Aramesh Shahbazi,

Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Behnam Rezaei Nasab,

M.A. in International Law, Faculty of Law and Political Science, University of Allameh Tabataba'i, Tehran, Iran.

Journal of Petroleum & Environmental Biotechnology, 7, 4, 2016/08/31

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15- The Concept of State and the Notion of Responsibility to Protect: A Comparative View by Focusing on Foucault's Thoughts

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Studies the State, Volume: 1 Issue: 2, 2015

The discipline of political science has developed many international legal principles, norms, concepts, agreements, and institutions in realm of contemporary international law. One of the key issues regarding the technique and the structure of this evolution is the mutual interrelation between philosophy, law, society and political science. Meanwhile, reassessment and reconsideration of the theories of the philosophers and political thinkers could be an important vehicle to elaborate on the concepts and to provide the logical justifications and legal backgrounds of the phenomena. In this era, the classic form of State in International law as a complicated concept has been always at the center of the debates. The Montevideo convention (1933) has defined the rights and duties of states. It sets out the four criteria for States such as a permanent population; a defined territory; government; and also capacity to enter into relations with the other states. Yet it is believed that these factors originally refer to the legality of the states, while States are often assumed to be legitimized by value judgments of international community as a whole. Likewise, the concept of responsibility to protect, as a controversial occurrence in international environment, especially at the time of international or domestic conflicts, has created various arguments in both aspects of legality and legitimacy. The former refers to some declarations issued by competence international legal organizations such as the United Nations and the latter refers to admiration and acceptance by international community above all, including the States. The purpose of this paper is to securitize the concept of state and the notion of responsibility to protect by taking a look at Foucault’s thought and also to provide a context in which the mutual interrelations of international law and political thoughts could be emphasized.

The first chapter of this article answers the questions concerning the importance of Foucault’s idea in international law and the ways his proposals could elaborate some evolutions in this matter, such as modern States and responsibility to protect. Chapter II examines the concepts has already been examined in the practice of international actors especially States. It also considers the legality and legitimacy of both concepts by way of analogy. The final chapter brings together the Foucault’s thought outlined in Chapter I and the International legal facts set out in Chapter II. It also discusses the relevance and the possibility of a context in which law and political thoughts could be closed.

The rise of what Foucault calls as bio- power does not lead to eradication of the concept of law or result in ignorance of the concept of state in general. In Foucault’s thought the concept of State in a modern society has been changed. Consequently both legality and legitimacy could be the considered as important factors for modern States. On the other hand, the notion of responsibility to protect is also a new conception. Likewise, the legality and legitimacy of this concept could be found in international legal instruments and also in the practice and the confidence of international actors including States.

 

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16- Legality: Positivistic Foundation of the Penal Institutions in International Law

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Journal of Criminal Law and Criminology, Volume: 3, Issue: 5, 2015.

Positivism is distinct from natural law theories in that it holds that there is no necessary conceptual connection between law and morality, but Positivism sometimes has been diminished into pure formalism. While Formal procedures of formation of the rules and institutions in international law could be considered as a formalistic aspect of positivism, positivism may also enter into foundational frameworks in which the norms and the procedures could be formed. In this context the positivistic aspect of creation of legal institutions in international criminal law could be considered as an important element in evaluation of the legality of institutions. The principle of non-retroactivity of obligations, doctrine of act of State and the superior order are some of the relevant examples. In this article by focusing on the legal foundations for formation of the criminal institutions in international law, we will consider whether the Nuremberg was a legal criminal institution in international criminal law and how it is possible to generalize the criteria of legality to other international criminal institutions.

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17- Failed States Status in Contemporary International Law

 

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Khadijeh Javadi Sharif

Journal of Public Law Research, Volume: 15, 2013

 

Since the end of the cold war, the International Community has become increasingly preoccupied with a phenomenon giving rise to a wide range of humanitarian, legal and security strains generally known as ‘State failure’. Recent examples of it are the situation of state institutions in Somalia, the disintegration of the former Yugoslavia, the crises in Rwanda, Haiti, Liberia, Congo, Sierra Leone and finally Afghanistan. While some argue that the challenges ahead of the process of reconstructing the weak failed States ,in a liberal democratic fashion, is rather cultural than a mere technical issue, the main question with regards to its broad definition remains as to how under International law may we recognize a state as weak or “Failed State”. In this article, after reviewing certain features of a state failure, we will chronologically analyze the different aspect of the failed states in both doctrinal views and states practice in contemporary international law.

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18- Constitutionalism in International Community: Fact or Fiction?

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

International Law Review, Volume 29, Issue: 46, 2012

 

The international legal system is in a period of transition from the traditional paradigm to a modern one. This is while the process of transition is slow. However, the complexity of the realities in the context of international community is compounded by two conflicting phenomena. On one front is the process of fragmentation and on the other is the recent paradigm of the constitutionalism. Much has been told about fragmentation and the self-contained regimes, but “International Constitutionalism” is currently one of the leading approaches to international law that needs to be seriously scrutinized. The main question is, while the rapid development of international shared values such as culture, nationality and language is often taken to be central, exactly how or why this promotes constitutionalism at the international level; a point that still remains unclear. In this essay by focusing on the human rights revolution since 1945 and the rise of international criminal law that is administered by various international criminal tribunals, we will consider some ambiguities and challenges ahead of the realization of international constitutionalism and its related consequences.

 

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19- Quran Burning in the U.S: Examining the Interactions of Free Speech and Religious Freedom in International Law

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran

International Law Review, Volume 27, Issue: 43, 2011

News that a church in Florida in the United States intended to commemorate the September 11, 2001 attacks, by holding what it called “Burn a Quran day”, has shocked reasonable-minded persons all over the world. Any rational person could recognize that the public burning of the Quran would ignite strong emotions in Muslims. It was possibly the most insulting act that one could perform and is condemned by many international documents such as the International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights and also many other regional and national instruments.

Islam is a religion that invites humanity to monotheism, spirituality, fraternity and peace. The right to practice one’s religion means that a person should be able to practice his or her religion without fear that he or she will be persecuted. It is in this context that the burning of the holy Quran constitutes a violation of human rights, specifically the right of Muslims to practice their religion without fear of persecution. While the exercise of free speech is a human right and burning books may be seen as an expression of that right, it should not trump the right to express one’s culture and practice one’s religion. In this article, after examining what has happened in the U.S. in 9/11, the situation is analyzed by focusing on these two rights (Freedom of Speech and Religious Freedom) and their interactions.

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20- Validity of the Treaty of Amity between Iran and the United States: Some Considerations in Theory and Practice

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

International Law Review, Volume 28, 2011

The 1955 Treaty of Amity, Economic Relations, and Consular Rights was signed on August 15 in Tehran. It secured the most-favored-nation treatment in matters of the rights of American and Iranian citizens and companies and also of trade and consular relations. This treaty replaced the temporary trade agreement and the temporary agreement on personal status and family right (1928). It was concluded for ten years and is to be automatically renewed.

After 1980 some sanctions on Iran, taking some reciprocal measures, and actual interruptions in consular and diplomatic relations by the parties of the said treaty, many focused on some doubts about the validity of this document in mutual relations of Iran and the U.S.

In this essay we will take a look at some practical and theoretical debates concerning the validity of the said text in mutual relations.

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21- Animals Rights: Tamil in Theory and Behavior

 

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran

Journal of Public Law Research, Volume: 14 Issue: 36, 2011

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22- "Sustainable Development" or the "Sustainability of Development" in International Law

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran

International Law Review, Volume 27, Issue: 42, 2010

Sustainable development has been defined in many ways, but the most frequently quoted definition is from “Our Common Future”, also known as the 'Brundtland Report' which contains: "Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. The key concepts of this definition are in particular: the essential needs of the world's poor, to which overriding priority should be given; and the idea of limitations imposed by the state of technology and social organization on the environment's ability to meet present and future needs". Strong attention in this essay is devoted, among other things, to the two foundational elements of the concept of sustainable development, namely "development" and "sustainability". Sustainability means that present and future peoples have the same right to find, on the aver­age, equal opportunities for realizing their con­cepts of a good human life; and development contains a wide range of social, economic and cultural improvements. Combination of these two may create some challenges for the contemporary international law which this article tries to consider them.

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23- Some Considerations on the Unity and Fragmentation of International Legal ُSystem

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

International Law Review, Volume 26, Issue: 41, 2010

Presently, there exists no homogeneous system of international law. International law consists of various elements; different partial systems; and universal, regional, or even bilateral subsystems and sub subsystems of different levels of legal cohesion. All these parts interacting with one another create what may paradoxically be called a “decentralized system”, full of intra-systematic tensions, contradictions and frictions. The challenge is to find a balance between, the need for diversity and specialized regimes and solutions and also the importance of maintaining an overall framework or "system" of international law that offers a sufficient degree of security and coherence. Therefore the main focus of this paper is to analyze the concepts of unity and the fragmentation of international legal order. There is no single solution to the problem of conflict among the fragmentations of international law. Different solutions are needed for primary rules and for secondary rules, in particular in designing mechanisms of conflict avoidance and conflict solution. Although the international legal system already provides certain solutions to the problems discussed above, only when the international community is made fully aware of such problems can the disintegrative effect of fragmentation be eliminated.

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24- Embracing International Judicial System

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Journal of Public Law Research, Volume: 29 Issue: 54, 2010

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25- The Mutual Interactions of NGOs and WTO

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran

Journal of Legal Research, Volume 8, Issue: 15, 2009

In this article, we will examine the nature and the extent of the involvement of nongovernmental organizations in the activities of the World Trade Organization. We look at the arguments for and against NGOs involvement in WTO activities and discuss the legal basis for the involvement of NGOs in WTO activities and the various forms of involvement provided for it. We will compare the position of NGOs in the WTO with their position in other international organizations, in particular, the United Nations. Subsequently, this article explores the practice of WTO engagement with NGOs, and finally, it examines and compares the rules and procedures of the WTO and the United Nations for the selection of the NGOs with which to engage. In this regard, Justified concerns about the legitimacy, accountability, and politics of NGOs could be eliminated, or at least mitigated, by introducing a system of accreditation in the WTO. While NGO involvement in the WTO definitely has its limits and its scopes, the involvement of NGOs in other international organizations, in particular, the United Nations suggests that these limits have not been achieved yet.

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26- Examining the Report of the Human Rights Watch Concerning the Use of White Phosphorus against Gaza's People

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

International Law Review, Volume 26, Issue 40, 2009

 

Based on in-depth investigations of the Human Rights Watch in Gaza, the Israel Defense Forces (IDF) repeatedly exploded white phosphorus munitions in the air over populated areas, killing and injuring civilians, and damaging civilian structures. The IDF’s deliberate use of white phosphorus munitions is evidenced in five ways: First, to Human Rights Watch’s knowledge, the IDF never used its white phosphorus munitions in Gaza before, despite numerous incursions with personnel and armor. Second, the repeated use of air-burst white phosphorus in populated areas until the last days of the operation reveals a pattern or policy of conduct rather than incidental or accidental usage. Third, the IDF was well aware of the effects of white phosphorus and the dangers it can pose to civilians. Fourth, if the IDF used white phosphorus as an obscurant, it failed to use available alternatives, namely smoke munitions, which would have held similar tactical advantages without endangering the civilian population. Fifth, in one of the cases documented in this report the IDF kept firing white phosphorus despite repeated warnings from UN personnel about the danger to civilians. The article tries to examine the report based on the fundamental principles of International Law.

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27- Challenges of the Concept of "Combatant" in International Humanitarian Law in the Era of War on Terror

Aramesh Shahbazi, Assistant Professor, International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran.

Journal of Legal Research, Volume 7, Issue: 14, 2008

 

The United States, is currently detaining several hundred of al-Qaeda and Taliban combatants from many countries in Guantanamo Bay, Cuba. These detainees were captured while engaged in hostilities against the U.S. and its allies during the post-September 11, 2001 international armed conflict centered primarily in Afghanistan. The conflict now involves an ongoing concerted international campaign in collective self-defense against a common stateless enemy dispersed throughout the world.

Domestic and international human rights organizations and other groups and states have criticized the U.S., arguing that al-Qaeda and Taliban detainees in Cuba should be granted Geneva Convention III prisoner of war status. They contend broadly that pursuant to the international laws of armed conflict, combatants captured during armed conflict must be treated equally and conferred prisoner of war status. However, no such blanket obligation exists in international law. There is no legal or moral equivalence in law of armed conflict between lawful combatants and unlawful combatants, or between lawful belligerency and unlawful. This article explains how law of armed conflict protects civilians through the enforcement of clear distinctions between lawful combatants, unlawful combatants, and protected noncombatants. It summarizes the conditions of lawful belligerency under customary and treaty-based law of armed conflict, and instructs why combatants who do not meet these conditions do not possess combatant's privilege; that is, the immunity provided to members of the armed force

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