https://jls.shirazu.ac.ir/ Journal of Legal Studies en daily 1 Tue, 21 Apr 2026 00:00:00 +0330 Tue, 21 Apr 2026 00:00:00 +0330 https://jls.shirazu.ac.ir/article_8150.html IntroductionThe fundamental rule of access to justice for all conflicts with the necessity of preventing vexatious claims, which are a clear instance of abuse of the right to litigate. Legislators, in facing this conflict and based on the rule of "preventing the greater evil by tolerating the lesser evil," attempt to prevent greater harm (the waste of justice) by accepting the lesser harm (restricting vexatious claims). However, the Iranian legislator has not provided a clear criterion for identifying a vexatious claim, and its approach is merely focused on establishing "the claimant's knowledge of being unjustified"; a condition whose proof, especially in matters of fact, is very difficult and The Approach of the English Adjudication System in Response to Vexatious … sometimes impossible for courts. The present research aims to examine the approach of the English adjudication system in preventing and combating vexatious claims and defenses and comparing it with the existing gaps in Iranian law. Its main problem is how the English legal system has been able to establish an efficient balance between the right of access to court and the necessity of preventing abuse of the adjudication process. The hypothesis of this research is based on the premise that the English legal system, by providing various orders, has limited and sometimes conditioned the right of access to court in cases of abuse, and through this, has offered innovations and safeguards beyond what exists in Iranian law. MethodThe present writing, using a descriptive-analytical method and a comparative approach, examines and compares the status and methods of combating vexatious claims in the Iranian and English legal systems. The main basis of this analysis is library resources, including positive laws, legal doctrine, and especially judicial precedents. In this regard, first, the legal foundations and judicial practice of the two countries are described, and then, in a comparative analysis, the balance between the right of access to justice and the prevention of its abuse is evaluated. FindingsThe findings show that the Iranian adjudication system, due to the lack of effective deterrents, has a very weak approach in preventing the filing of vexatious claims, which has led to the inflation of cases, the useless occupation of court time, and the imposition of heavy costs on the judiciary and the litigants. In the Iranian legislative system, a vexatious claim is not defined, nor is there a clear criterion for identifying it. Despite this, to combat vexatious claims, sanctions such as the defendant's authority to request "security for a vexatious claim" and the claimant's conviction to pay three times the litigation costs (Article 109 of the Civil Procedure Code) and the possibility of the defendant claiming damages resulting from the filing of a baseless claim (Article 515 of the Civil Procedure Code) have been provided. Moreover, the approach of the Iranian legislator is merely focused on establishing the claimant's knowledge and bad faith, and it lacks any provision regarding fictitious claims filed through collusion between the parties. In contrast, the English adjudication system has not explicitly defined a vexatious claim either. However, by employing illustrative elements, it has created effective solutions for identifying and combating it. For example, in this system, terms such as "vexatious claim" are used, and specific indicators for identifying it are provided, which give the judge the authority to limit the claimant's access to judicial services. However, the majority of instances of vexatious claims in English law fall under a more general conceptual framework termed "abuse of process." What makes the English legal system progressive is the creation of a balance between individual rights and the interests of society through the provision of a diverse range of sanctions. Unlike the unitary and ineffective approach in Iranian law, the English system considers a spectrum of reactions, from mere dismissal of the claim to the issuance of various restrictive orders in multiple courts, as tools to combat vexatious claims, each employed according to its specific circumstances. Volume 18, Issue 1, Spring 2026   ConclusionThe English legal system, due to its possession of preventive tools and proportionate and diverse sanctions, has a more efficient capacity in managing vexatious claims than the Iranian legal system. To remedy the existing weaknesses in Iran, the following legislative reforms are suggested: First, drafting a codified list of prohibited claims (such as a claim for forcible entry filed after losing a ownership lawsuit) so that judicial service offices refrain from registering them. Second, creating an integrated system to identify persons who repeatedly file unsuccessful claims and making the filing of new claims by them conditional upon obtaining permission from a judicial authority. https://jls.shirazu.ac.ir/article_7851.html Abstract: One of the most important questions raised in tax law is that if a taxpayer submits a return to the tax office, can he amend it or not? On 20/02/1402 , the Public Relations Office of the Tax Administration has stated in an announcement that "claims of errors or mistakes in completing and submitting the tax declaration form will not be heard in the tax authorities". There was a complaint about this announcement and finally, the Administrative Court of Justice violated the aforementioned circular and stated that Modi's claim in this regard is heard in the Tax Dispute Resolution Board. In this research, which has been done in a descriptive-analytical way, the question has been answered that, based on legal principles and tax regulations, the claim of error or mistake in the declaration is heard by the tax dispute resolution board or not? The findings of this research are based on the fact that the contents of the declaration after the expiration of its one-month deadline based on the tax law, are considered as a legal assumption and therefore cannot be changed. In addition to the opposite concept and the priority of the mentioned note, various articles of the Taxes Law confirm this point of view https://jls.shirazu.ac.ir/article_7585.html Introduction The marital condition of "dividing the husband's property," if signed by the spouses, results in the gratuitous transfer of up to half of the husband's acquired assets during the marital life to the wife. The qualifications raised in this condition, regarding the limits, terms, extent, and method of enforcement, indicate a legal vacuum in the system of spousal property sharing in Iran. In contrast, the financial regime of participation in acquired property in the Turkish legal system, unlike the division condition which is applied only in cases of divorce initiated by the wife, governs the financial relations of the spouses even in non-divorce situations. It only subjects the spouses' acquired property to division and protects the division of personal property. Therefore, this financial regime is not evaluated as contradicting the principle of the wife's financial independence in the Iranian legal system, which is a very important point. The question this article is written to answer is: Can the legal financial regime of Turkey be utilized to fill the gaps in the condition of dividing the husband's property? Can the division condition be systematized within the framework of a financial regime, and are the wrongful acts of the husband or wife effective in reducing or rejecting their financial share? MethodIn response to the research problem, and considering the comparative nature of the subject, the comparative analysis method has been used. Of course, the authors have moved away from a purely descriptive approach and have pursued a normative approach in their analysis, because their concern has been to find technical normative solutions for the issues and challenges of Iran's family legal system. To explain, a substantive and formal comparative analysis of the division condition with the regime of participation in the spouses' acquired property in Turkish law indicates numerous deficiencies and gaps concerning the financial system governing spousal financial relations in the Iranian legal system.FindingsIt seems that the principle of the wife's financial independence and the wife's lack of financial liability on one hand, as well as the husband's financial obligations on the other hand, could challenge the acceptance of the participation in acquired property regime in Iranian law. By examining the aforementioned challenges, one can argue that at least some authoritative jurisprudential opinions recognize the spouses' will as the source of validity for what is considered an obligation, or deem the principle of the supremacy of the parties' will to prevail over the two aforementioned obstructive principles. Moreover, the contract of partnership (Sharikat) is valid between spouses in Islamic jurisprudence, and spouses can, based on their own inclination and agreement, especially if the two categories of obstacles and challenges mentioned above are moderated, apply the partnership contract to the financial affairs of their shared life. Because in Imamiyyah jurisprudence, the wife has the full right to dispose of her own property, and given that the instances of the husband's financial obligation are subjects of debate and disagreement, it can be accepted that the wife—and in fact the legislator—faces no obstacle to concluding a partnership contract and accepting the system of property sharing. It seems that in today's society as well, custom finds sharing in the spouses' acquired financial share to be fair and acceptable; because women are often employed and, alongside men, bear the economic burden of shared life, but in practice, the resultant assets enter the man's ownership, which contradicts distributive justice, and it is appropriate that the financial regime of participation in acquired property be accepted in Iran's legal system and family laws.ConclusionThis systematization of the spouses' financial relations based on property sharing, while organizing the spouses' financial relations, will also be effective in strengthening the non-financial relations between spouses. For example, in examining the scope of the financial regime of participation in the spouses' acquired property in Turkish law, we encounter instances that, in addition to clarifying the laws governing spousal financial relations, also delineate family red lines, such as the spouses' misconduct and immoral behavior, for example, committing crimes such as adultery or attempting to kill or murdering the spouse. These red lines are effective in determining the financial share of the spouse who commits them and reduce that share. Furthermore, granting the wife priority over other heirs regarding the right of usufruct and residence in the marital home, as well as the furnishings of the marital home from the decedent's estate, in addition to preventing the sale of the property by other heirs and creditors, can prevent successive harms to the wife and children. The legislator's explicitness in stating the aforementioned instances, while preventing judicial inconsistency and the application of judges' personal preferences, can prevent the occurrence of family disputes. In the authors' opinion, modeling the aforementioned instances from Turkish law would be a very effective step towards filling the legal gaps in the condition of dividing the husband's property. https://jls.shirazu.ac.ir/article_8146.html Currently, the properties of contemporary luminaries are designated as national heritage while having no unique historical significance. While private property rights are protected under law, these assets are also recognized as cultural and social capital, necessitating their preservation for future generations. This study, employing a descriptive-analytical method, aims to address the following question: Based on what criteria can the personal property of luminaries be registered as national heritage? And is there a difference between the legal system for registering and administering the registered property of luminaries and other national heritages? The findings indicate that the properties of the luminaries that are "the cause of or related to their fame" and in a way that reflects the "influence of the luminaries on the culture of a society" or have a "spatial connection" with them, or "donated to them through the personality of the luminaries," can be registered as national heritages. Considering the differences between the personal property of luminaries and other national heritages, the scope of government intervention in registering and managing the personal property of luminaries, especially during their lifetime, should be less than that of other national heritages, and even the sale and transfer of this property should not be legally prohibited. In the event of damage, civil liability may fall on the state, the owner, or a third party, depending on the circumstances. https://jls.shirazu.ac.ir/article_7831.html IntroductionOne of the important discussions in the realm of persons' wills is the extent to which the will of individuals can be effective. This question arises in all legal fields, but in some cases, such as family law, it has become more challenging due to the expansion of permissiveness and right-oriented discourse in this area. Furthermore, family law issues gain double importance because they are considered more practical and challenging. Therefore, the feasibility of the effectiveness of will in propositions based on authority, especially in the family realm, holds particular significance. The "authority" and "capabilities" of persons to dispose of their own affairs, whether such rights are renounceable, waivable, or limitable, are analyzed within the two categories of "right" (Haq) and "rule" (Hukm). There are several important questions in this regard: First, do these two terms have the same meaning but are expressed in two different forms, or are they different in essence and meaning in addition to verbal differences?Based on the viewpoint that considers them different, the criteria for distinguishing and the differentiating principles of the two must be properly understood. Although in legal terminology, words such as "may" (mitavanad) and "has the right to" (haq darad) might also be used to mean "dominion and exclusivity," it is important to note that in many cases, in the wording used by the legislator, both the nature of "right" and the nature of "rule" are expressed with the word "may" (mitavanad). Therefore, it is not possible to determine the nature of persons' dominion and authority solely by using legal wording; rather, specific criteria must exist to determine, with their help, the nature of persons' authority and the limit and scope of the effectiveness of persons' wills. Thus, to discuss the foundations and principles governing the scope of the effectiveness of will and to organize the legal situations resulting from the exercise of will and the effect of renouncing or limiting a right, it is necessary to determine this criterion and its relationship with limiting the spouses' will. As a result of using the criteria for distinguishing right from rule, the characteristics of right and rule must also be properly identified. Because each of these two, in its own subject and context, entails specific effects, and in some cases, one can also identify the nature of being a right or being an obligation through these effects. Also, where there is no reason or indication for distinction, it is necessary to establish a principle and primary rule to resolve doubt and uncertainty. The techniques for establishing such a principle are also important. As a complement to the research problem, it is necessary to answer the question: What is the substantive difference between mandatory rules (rules of law) and permissive/alternative rules (rules of option), and by what criterion are these two categories of rules distinguished from each other? MethodsThis research has been conducted in light of a precise analysis of the nature of persons' authorities in the realm of marriage and the manner of its description in the words of jurists (fuqaha), using the documentary method to collect necessary data from authoritative jurisprudential and legal sources, as well as employing descriptive and analytical methods in data processing.FindingsAn examination of the present writing shows that there are multiple criteria for determining the nature of legal and jurisprudential propositions. In some cases, it was observed that the existing context is that of a terminological right (Haq), but due to factors such as the authority being personal to the individual (non-transferable) or a specificity existing in the subject, its transfer to another person is precluded. An example is the right of division (of time among co-wives). In such cases, what is being discussed is a right, but the application of some characteristics of a terminological right (right in the specific sense) faces an obstacle; however, the existence of an obstacle does not mean the negation of the nature of being a right. Criteria such as renounceability (isqat-paziri), claimability (talabe-paziri), and divisibility (tajzie-paziri) offer better indications. Among the mentioned criteria, the criterion of renounceability (isqat-paziri) is considered the definitive and ultimate criterion, in such a way that there is no right unless it is renounceable. Alongside attention to the mentioned criteria, it is also important to note that sometimes the legislator has not been precise enough in using wording, and sometimes has used ambiguous terms, and due to homonymy (ishtirak-e lafzi), a kind of fallacy has followed in the method of deriving meaning from the law. Therefore, in the manner of citing legal wording, it is necessary to avoid such fallacies and mistakes in the use of ambiguous terms. To this end, paying attention to the real meaning of right (Haq) and distinguishing it from the metaphorical meaning of right is important. Furthermore, to complete the criteria for distinguishing right from rule in the realm of family law, the establishment of a principle in the present issue relies on important principles such as the principle of not being a rule (asl-e hukm nabudan), the principle of presumption of continuity (istishab), the principle of precaution (ihtiyat) in important matters (such as the physical integrity and life of persons, matters related to moral dignity and reputation of persons (such as sensitive informational and communicational data), and discussions related to lineage and kinship).Conclusion Mandatory rules (rules of law) are associated with superior pillars, public interest, and public order, and arise in an imposing process accompanied by authority. "In terms of the material element," they are norms that appear in legal structures and frameworks. "In terms of the psychological element," the mandatory nature of these rules is rooted in the legal conscience. "In terms of objective," protecting legal structures and public interests, ensuring the proper course of affairs, and safeguarding public security and morality are counted among the objectives of mandatory rules. "In terms of content," if the content of a regulation pertains to structures or constructs designed to regulate legal relations and to create order, safeguard public order in its legal aspects or in relation to firm cultural foundations and their sanctions (good morals), it is considered mandatory. "In terms of mode of expression," written law may include commands, prohibitions, or negations. Of course, in many cases, positive indicative themes (in the form of commands) and negative ones (in the form of prohibitions) are more common, but it is not limited to legal expression, and one may benefit from aspects of soft law for norm identification and its gradations. "In terms of gradation," due to the existence of a hierarchy among legal norms and a hierarchy of public order, mandatory rules may also be graded in comparison to one another. Permissive/alternative rules (rules of option), interpretive rules, supplemental rules, substitutive rules, and facultative rules are intended to complement incomplete wills, to express matters neglected by the parties to a legal relationship, or to interpret and construe cases of silence, and they refer to the power of persons' authority to agree contrary to them or the authority to renounce a right. The tone (mode of expression) of the legislator, attention to the content of the rule, the protected interests and normative contexts, the possibility or impossibility of the interference of individuals' will, and the use of a practical principle are among the most important methods of distinguishing mandatory rules from permissive/alternative rules in the family realm. Of course, the establishment of a general principle in family law is not justified. In financial matters and matters that do not provide a special interest, one may base it on the principle of being permissive/alternative, and in other cases, base it on being mandatory. https://jls.shirazu.ac.ir/article_8149.html The destructive impact of rampant inflation on legal relations, particularly within the domain of civil liability, has become indisputable. Numerous existing legal institutions have, in the face of inflation, lost their anticipated effectiveness, becoming significantly diminished or even obsolete. Among these, monetary compensation—long regarded as the principal and most prevalent remedial mechanism in civil liability—has been profoundly affected. This study examines the extent of inflation's influence on the functioning of monetary compensation, critiques the manner in which existing legal analyses have addressed this issue, and proposes a novel approach informed by comparative legal doctrines. An examination of prevailing views in Iranian law reveals that certain analyses suffer from methodological flaws and inconsistencies with the underlying philosophy of civil liability. Employing a descriptive-analytical method and relying on library-based sources, the research concludes, first, that the appropriate temporal point for damage assessment is the date of judgment issuance; second, that in order to mitigate the depreciation of awarded compensation, in addition to invoking delay damages, the potential of Article 3 of the Civil Liability Act must be fully utilized; and third, that in determining compensation for future damages, in addition to awarding annuities, adjustment mechanisms such as inflation indices should be systematically applied. https://jls.shirazu.ac.ir/article_8319.html Introduction As the guardian of the legal framework of the Islamic Republic of Iran, the Guardian Council plays a crucial role in the normative legal process through core functions such as the interpretation of the Constitution, supervision of the conformity or inconsistency of legislation with the Constitution and Islamic law (Shari‘a), and review of the compatibility of executive regulations with Shari‘a. In fulfilling these responsibilities, the Council has, in some instances, considered itself bound by its previous opinions or jurisprudential precedents when reviewing referred legislation (bills and proposals approved by the Islamic Consultative Assembly) or religious inquiries from the Administrative Court of Justice. However, there are also cases where, despite the similarity between the legislation under review and prior cases, the Council has issued opinions contradicting its earlier positions. The intersection of cases in which the Guardian Council adhered Feasibility of Obligating the Guardian Council to Adhere … to its previous rulings and those in which it departed from its precedent—despite substantive similarities—has prompted inquiry into the underlying logic governing the Council’s decision-making. This raises the central research question: “To what extent can the Guardian Council be legally compelled to follow its previous precedents in similar cases?” Examining the Council’s jurisprudence over more than four decades offers valuable insights into the performance and internal logic of this institution.   Methods This study adopts a jurisprudential-analytical method, with data collected through documentary and library-based research. The Council's decisions are analyzed with the aim of extracting a precedent-oriented rationale. The presentation of various interpretive approaches in this study is based on this analytical framework. The proposed solution—formulating a general principle of adherence with narrowly defined exceptions—is also derived from the precedent-based analysis conducted.   Results and discussion Three primary approaches emerge regarding the feasibility of compelling the Guardian Council to follow its prior precedents: The adherence approach, which advocates that the Council should follow its previous rulings in similar cases, based on the necessity of maintaining legal certainty and stability, and ensuring the predictability of legal norms.2. The dynamic interpretation approach, which emphasizes the evolving nature of the Council’s legal reasoning. This view highlights the institutional structure and the rotating composition of the Council’s members and argues that binding the Council to its past positions would hinder the necessary dynamism of the legal system. The qualified adherence approach, which presumes adherence to previous precedent as the default rule, but allows for deviation only when justified by clear and objective grounds—such as constitutional amendments, the issuance of general state policies, governmentally mandated rulings (ḥukm ḥukūmatī), or when the Council provides well-documented and substantiated reasoning for departing from precedent.   Conclusions Institutionalizing the principle of precedent adherence—subject to exceptional and justified deviation—would enable the legislature to more effectively anticipate and respond to potential objections from the Guardian Council. This would improve the efficiency of the legislative process and reduce the likelihood of prolonged lawmaking cycles or the passage of ineffective or unconstitutional laws. If legislators are able to predict likely objections in advance, they can draft laws in a way that preempts foreseeable challenges by the Council. In regulatory contexts, two key outcomes would follow: (1) decisions of the Guardian Council could serve as persuasive precedent in proceedings before the Administrative Court of Justice, and (2) the court would be able to adjudicate such cases more efficiently, with reduced procedural delays. Regulators could avoid enacting provisions previously deemed incompatible with Shari‘a, and citizens would be less likely to file complaints that are predictably doomed to failure based on existing precedent. Moreover, the application of the Guardian Council's precedent would not be limited solely to the review of legislation in light of Islamic principles and constitutional norms; it could also be extended to electoral supervision. Future research should explore key follow-up questions such as: What would be the implications of binding the Guardian Council to its precedents for the legislative system? To what extent does adherence to precedent shape the structure of lawmaking in Iran? Additionally, could the Council be held legally accountable—whether civilly or politically—for unjustified departures from its core precedents? https://jls.shirazu.ac.ir/article_8178.html Positive law is a phenomenon arising from society that is established by the legislator with a specific purpose; a purpose that may be limited to preserving the existing order or aimed at creating changes in the longstanding traditions of society. In fact, the establishment of law within society raises questions about its real effects on society and its connection to the issue of social change. In this context, the main question of this research is to examine the role of law in achieving the targeted social changes and the two-way relationship between the aforementioned social components. It means to what extent law can efficiently undertake the alteration of norms and ingrained attitudes within society. In this regard, three theories have been proposed in discussions of legal sociology. The first viewpoint emphasizes the progressive role of law in achieving the desired changes, considering it capable of internalizing new values and going beyond previous norms. Meanwhile, the second viewpoint considers law merely as a follower of other social components and does not believe in its independent role in this path. There is also a third viewpoint that establishes a bridge between two previous theories while supporting the progressive role of law, emphasizes that its success in this path requires relative adherence to the longstanding traditions of society. From the author's point of view, the third viewpoint, due to its comprehensiveness and inclusion of key aspects of preceding perspectives, is closer to reality and is considered the preferred theory in the current research. https://jls.shirazu.ac.ir/article_8081.html Introduction  In many transactions, the buyer pays the price in installments, and in return, the seller stipulates that if any installment is not paid, the sale shall be rescinded or the seller shall have the right of rescission (Khiyar). This practice has become particularly prevalent in relation to transactions involving immovable property. In this regard, one of the ambiguities and points of divergence in judicial practice is the legal status of transfers and dispositions that conflict with the seller's right of option (Khiyar), and the answer to the question: Does the existence of a right of rescission (Khiyar al-faskh) constitute an obstacle to the transfer of the sold property (mabi') by the buyer? In answer to this question, briefly, it must be said that the  Article 454 of the Civil Code in the Mirror of Unified Judicial Precedent … existence of a right of option (Khiyar) does not preclude the validity of dispositions made by the party against whom the right of option exists (man alayh al-khiyar), unless there has been an implicit stipulation or an express condition prohibiting dispositive transfers of the corporeal property (ayn) or its usufruct (manfa'ah). In effect, the effect of rescission (faskh) is prospective, and exercising the right of rescission after the sale of the property by the first buyer cannot invalidate the subsequent sale. This is unless the buyer had initially undertaken not to make any dispositive transfer, and thus his right of transfer had been limited in some way. On this basis, the esteemed Prosecutor General of the Country, in order to resolve the conflict between two judgments issued by Branches 16 and 25 of the Court of Appeal of Mazandaran Province, considering an optional sale (bay' khiyari) as non-binding (ghar nafiz) and void (batil) in the absence of the consent of the party holding the right of option (man lahu al-khiyar) in the event of the contract's dissolution, deemed the parties obligated to return the sold property (mabi'), and this led to the issuance of Unified Judicial Precedent No. 810 dated 04/03/1400 (May 25, 2021).   Methods  This research has been conducted with an analytical approach and using library resources to collect opinions and analyze and examine them. Its aim is to answer the question: "Based on Unified Judicial Precedent No. 810, what effect does the dissolution of the underlying contract have on subsequent transactions and their status, and on what basis has this precedent obligated the buyer to return the sold property (mabi')?" For this purpose, we first explain the nature of the condition leading to the dissolution of the underlying contract in the event of non-payment of installments of the price, then examine the effect of the dissolution of the underlying contract on subsequent transactions and their status, and finally, analyze the foundations of the Unified Judicial Precedent.   Findings  According to Unified Judicial Precedent No. 810, if it is stipulated within a contract of sale that, in the event of non-payment of the price installments on the specified dates, the seller has the right to rescind (faskh) and recover the sold property (mabi'), then upon the realization of the condition and the exercise of the right of rescission, even if the buyer, without considering the right of rescission, has sold the sold property to another person, the sold property must be returned to the seller, and the subsequent transfer is void (batil). The findings of the article indicate that when the seller stipulates in the contract that the transaction will be dissolved if any installment of the price is not paid, jurisprudential (fiqhi) and principles (usuli) rules dictate that the buyer does not have the right to make dispositions conflicting with the right of option (Khiyar) in the sold property. Because, although ownership of the sold property is transferred upon the conclusion of the transaction, and dispositions of the sold property are generally permissible, since the parties themselves, at the time of concluding the transaction by accepting the condition in the contract, have accepted the limitation on their dispositions, therefore, based on Articles 454, 455, and 460 of the Civil Code, they are obligated to refrain from any disposition that conflicts with the right of the party holding the option (dhi al-khiyar). This condition is a type of implicit, tacit condition (shart-e zamani-ye ertekeazi) which, by the dictate of reason (hukm-e aql), must be observed by the parties, and the contracting parties are inevitably bound to accept its effects, which is the restitution of the counter-values (atawayn/considerations) upon the dissolution of the contract. Volume 18, Issue 1, Spring 2026       Conclusion Therefore, the basis for the dissolution of contracts subsequent to the subject matter is the implicit condition prohibiting dispositive transfers of the corporeal property (ayn) and its usufruct (manfa'ah), which is referred to in Article 454 of the Civil Code. According to the maxim "what is known by custom is like a stipulated condition" (al-ma'ruf 'urfan ka al-mashrut shartan) and "believers are bound by their stipulations" (al-mu'minuna 'inda shurutihim), this condition must be respected. Thus, Unified Judicial Precedent No. 810, based on these very foundations, upon the realization of the condition and the exercise of rescission, has deemed the buyer obligated to return the sold property (mabi'). https://jls.shirazu.ac.ir/article_8179.html Clause (a) of Article 734 of the Islamic Penal Code, concerning computer forgery, refers to "altering or creating credible data, or fraudulently generating or inserting data into them." However, the precise meaning of the term “credible”, as a fundamental condition mentioned in the law, is not clearly defined. Legal scholars have offered various interpretations of the term, including having probative value, admissibility in defense or litigation, and possessing judicial significance. Nevertheless, based on Article 685 of the Criminal Procedure Code and other relevant legal provisions, it can be argued that preserving the characteristics of accuracy, integrity, validity, and non-repudiation is essential for data to be considered credible. Furthermore, under the Electronic Commerce Law, credible data may be understood as data that meets the criteria of a reliable message. In other words, not every data message with probative value is necessarily deemed credible. there is no doubt that data lacking appropriate security safeguards—and which, due to factors such as the absence of reasonable attribution or vulnerability to misuse and manipulation, cannot be deemed trustworthy—do not fall within the scope of computer forgery. For example, creating a social media profile under another person's name in the absence of proper authentication would not constitute computer forgery. Additionally, reasonable attribution of data, legal significance, and the potential to mislead ordinary individuals are further necessary conditions for establishing computer forgery. These requirements can be inferred from the concept of "credible data," the notion of forgery, the elements of traditional forgery, and general legal principles https://jls.shirazu.ac.ir/article_8003.html IntroductionAfter marriage, the couple accepts rights and duties toward each other; one of them is the right of sexual enjoyment but exercising this right should not cause any harm or sexual violence. Sexual violence includes behaviors that cause sexual harassment against a person without her will and the relation between them makes no difference therefore marital sexual violence is criminalized as a type of domestic violence in many national legal systems while some countries do not recognize it as a certain crime. The aim in this article is to discuss about the criminalization of this phenomenon and the circumstance of consent in marital sexual acts in different counties and emphasizing on the importance of criminalizing it in countries like Iran.MethodsBy examining the concept of marital sexual violence and using descriptive analytical method, and national and international sources, such as books, articles, documents and laws, while comparing other legal systems like England, USA, Australia, France and Germany, with Iran and proposing questions such as Can making provisions like Tamkin be a justifier to any kind of sexual conduct? If not, what are the borders and limitations for it? Does the consent to marriage equal the consent to any sexual relationship? Is consent essential in marital sexual relationship or the obligation to comply (Tamkin) is against it? this research attempts to present applicable solutions for recognition of this phenomenon in Iran and other countries which did not criminalize marital sexual violence. ResultsWhile countries like USA or Australia know this crime as any sexual behavior which may occur despite the lack of consent in victim and the relation between them does not make difference, other countries like Iran and India make some limitations for criminalizing this behavior and eliminate sexual violence in marriage. By studying the countries which consider the occurrence of sexual violence as a type of domestic violence between couples, it is clearly revealed that by emphasizing on the concept and importance of consent they mostly want to consider the mere lack of consent in any sexual behavior as a reason for sexual violence, even if the victim is the perpetrator's spouse; because they generally believe that the consent to marriage does not equal to the consent for sexual relationship and the couples need to ask for consent at any time they want to do any sexual act. On the other side, those countries which does not criminalize marital sexual violence, often believe that the consent to sexual conduct is granted in the consent to marriage. Therefore, the law in these countries like Iran makes the obligation to comply in sex for wives.  Article 1102 of Iranian Civil Law says that occurrence of a valid marriage is the start of the occurrence of rights and duties for couples and one of the responsibilities assumed for women is the obligation to comply("Tamkin"), which in its specific concept means making the possibility of sexual fulfillment for the husband. This duty is that important for lawmakers that disobedience may cause the sanction of not paying the expenses of the essential needs to the wife which can be known as a kind of punishment. But there is not any similar duty for husbands and it makes the anticipation that women's sexual rights are totally denied in Iranian legal system. In Iran, due to the lack of limits on Tamkin, the only legal solution for women is to request a divorce by proving hardship ("Osr va Haraj") and there is no crime under the title of marital sexual violence.ConclusionCriminalizing marital sexual violence in legal systems such as America, Australia, France, Germany and England seem to be on the right way, because emphasizing on the importance of the concepts like consent which can change a sexual act to a sexual crime is undeniable. In Iran even if the obligation to comply (Tamkin) in law may not inherently include every kind of sexual behavior in marriage, like uncommon ones, but making these types of provisions can facilitate the criminal acts such as sexual violence with the legal support and this itself reveals the importance of absolute criminalization of marital sexual violence by using legal and jurisprudential capacities. https://jls.shirazu.ac.ir/article_8188.html In the post-United Nations era, significant doctrinal developments in international law led to the recognition of unilateral acts of states as autonomous legal instruments, particularly where the intent to create legal obligations in international relations was manifest. This progressive evolution culminated in the 1970s with the Nuclear Tests Case before the International Court of Justice (ICJ), affording the Court a seminal opportunity to delineate the legal principles and criteria governing unilateral acts. In its judgment, the ICJ endeavored to mitigate legal uncertainties surrounding such acts and to establish a framework for determining their binding nature. However, a critical examination of the ruling underscores that the Court’s enunciated criteria are not only fraught with doctrinal deficiencies and substantive critiques but also fail to construct a coherent and operational legal framework for the identification and assessment of unilateral acts. In subsequent decisions, the ICJ adopted a more objective and doctrinally structured approach, making the legal effects of unilateral acts contingent upon factors such as the precision of the declarations, their normative context, and the reactions of third states. This shift reflects the Court’s attempt to remedy the deficiencies of the 1974 judgment and to consolidate the normative framework governing unilateral acts. This study examines the ICJ’s evolving jurisprudence on unilateral acts, assessing its doctrinal challenges and interpretive ambiguities. https://jls.shirazu.ac.ir/article_8021.html IntroductionThis article is based on the premise that the traditional dichotomy of law and emotion faces serious challenges. This premise is deduced from the empirical findings of neuroscience regarding the existence of mirror neurons, which make feeling the emotions of others possible and inevitable, along with the dual-process model of decision-making. This model requires the cooperation of rational and emotional processing and shows that moral judgment is dependent on emotions.Every legal actor, whether serving as a legislator or donning the judicial robe, may agree that “emotion inevitably enters the legal decision-making process, whether legal actors are aware of it or not.” However, this broad claim offers no practical guidance for clarifying the specific. ways in which emotion influences judicial decision-making. In order to clarify some of these entry points, the article begins with the premise that law, a priori, cannot be for or against emotions. Emotionality is a dimension of human nature; however, responses to emotion are determined within a framework Intersectionality of Law and Emotion: Entry Points for Emotion …and according to the objectives of the law. Therefore, it does not take a normative stance on the value of any specific emotion. Although some argue that certain moral emotions contribute to the formation and sustainability of moral systems across cultures, emotions are not inherently moralistic or beneficial for morality. Instead, they play a constructive role in moral responses. Judges may err due to reliance on irrelevant emotions, by improperly applying or excessively amplifying appropriate emotions. As an effort to make emotions reliable, correcting these errors requires identifying the points at which emotion enters the legal process. When this reliability is reconsidered, encouraging judges to consider emotions in interpreting rights equips them with a corrective tool against excessive legal formalism and attracts their attention to otherwise overlooked violated rights. The integration of emotions moderates the detached voice of outdated legal analysis and makes it more human-centered. Therefore, “studies on law and emotion” demonstrate the vital role of emotion in everyone’s legal life. Protecting abstract legal concepts requires judges to develop a strong emotional understanding of specific situations and individuals during their reasoning process. This article seeks to create a coherent body of literature, building on previous findings regarding the role of emotion in legal decision-making based on neuroscience studies and the importance of empathy in judgment. It aims to make the abstract concept of “emotion in judicial decision-making” more concrete by presenting examples and thereby enlightening legal actors about its impacts. MethodsThis manuscript tries to address the non-enumerated ways in which emotions enter legal proceedings and judicial decision-making. Answering this question requires case studies and analysis of legal texts. It should be noted that the answers provided merely represent a partial reality and are not exhaustive.This study falls within the category of normative legal research and seeks to offer an explanation of law, legal concepts, and principles. This research adopts a library-based approach. Materials are gathered through case studies and legal texts analysis. The present analysis uses the legal doctrine approach within “Law and Emotion” scholarship, in the sense that it tries to analyze how emotion is, could be, or should be reflected in a particular area of legal doctrine. It is also related to the legal actor approach, as it shows how lawmakers or judges bring emotional concepts into the legal sphere consciously or unconsciously. Volume 18, Issue 1, Spring 2026 Results Emotion in judicial proceedings can serve as a tool for judges, guiding their minds toward the importance of concepts like justice and altruism (orienting role), expanding general legal concepts such as human dignity and fairness (tracking role), or placing them in a suitable position to respond to rights violations (serving role) through empathy or courage.The law, whether dealing with criminal law, fundamental rights and freedoms, or private fields such as property, family, or procedural law, carries an emotional charge. Thus, a judge’s task is inherently infused with emotion, and it is unreasonable to expect them to function as machines devoid of any human sensibility. The laws themselves generate emotions and provide judges with opportunities to manage these emotions through their judicial decisions. Accordingly, the role of judges should shift from suppressing emotions to cultivating constructive and adaptive emotions through judicial decisions. Understanding the entry points of emotion in legal decision-making provides an opportunity to leverage judicial and institutional capacities to foster adaptive emotions by considering them in legal interpretation. Conclusions Emotions are both a tool in the judicial work and a factor that influences the subject matter of judicial activity, namely, the law itself. They are also shaped by legislation and jurisprudence. A judge who engages with legal content replete with emotional elements cannot reasonably be expected to set emotion aside. The only viable approach is to become aware of emotions and regulate them, rather than suppressing or denying emotional responses. Many rules designed to regulate adjudication, particularly those embodied in procedural law, have pursued this very goal. However, confining judges to extreme formalism silences the constructive role of emotions in law. If judges are encouraged to attend to emotions in interpreting rights, they will possess a corrective tool against excessive formalism. The use of emotion in legal interpretation helps ensure that the real-world effects of law are taken seriously. It also highlights the human rights that may have been overlooked. Therefore, law and adjudication can function as powerful instruments for cultivating constructive emotions, those that, irrespective of their positive or negative valence, ultimately contribute to the formation of a cohesive society. https://jls.shirazu.ac.ir/article_8191.html Legislation in modern societies is not merely a technical and neutral process; it embodies a collective understanding of justice, order, and the public good. As a mechanism for regulating social relations, law inevitably reflects the dominant values, interests, and semantic frameworks of each society. In this context, ideology is not an external or disruptive force to legal rationality, but rather a structural and unavoidable element in shaping legislative aims, translating conflicting interests into general legal norms, and legitimizing the legal order. Contrary to the positivist tradition, which treats ideology as an obstacle to legal neutrality, this article explores the question: what is the real relationship between ideology and legislation? The central hypothesis of this research is that ideology is not only an inescapable component, but a necessary precondition for legitimizing legislative systems in democratic societies. The apparent elimination of ideology does not lead to neutrality, but to the dominance of hidden, unaccountable, and thus undemocratic ideologies. Based on a conceptual-critical analysis, the findings of this article show that ideology—by simplifying social reality, mediating between conflicting interests, and producing meaning and legitimacy—is a necessary condition for democratic legislation. Accordingly, the article proposes a normative model of “critical-ideological legislation” grounded in principles such as value transparency, discursive inclusion, and normative reflexivity. This model recognizes ideology as a tool for deepening democratic dialogue and continuously reconstructing the legal order. https://jls.shirazu.ac.ir/article_8028.html Introduction Bilateral investment treaties are designed to foster mutual economic cooperation and protect foreign investments. However, these treaties are sometimes exploited by investors—whether individuals or corporations—who are not originally entitled to their protections. One prominent method of such exploitation is corporate restructuring, undertaken specifically to gain access to treaty benefits. The ICSID Arbitration Tribunal has encountered multiple cases involving such tactics and has, in several decisions, emphasized its unwillingness to entertain jurisdiction where it finds an abuse of process. Such practices undermine the core objectives of the ICSID Convention, particularly the promotion of genuine international investment and sustainable development in host countries. This paper seeks to provide a detailed legal analysis of process abuse, especially through corporate restructuring. It evaluates the criteria used by ICSID tribunals to identify and respond to such abuse and aims to shed light on how international legal mechanisms can preserve the integrity of investment arbitration.  An Analysis of Abuse of Process through Corporate Restructuring … Methods This study employs both doctrinal (library-based) research and qualitative analysis using questionnaires. First, the legal concept of abuse of process is explained and distinguished from the closely related concept of abuse of rights. The paper then examines how abuse of process can be realized through corporate restructuring and reviews legal responses to this issue. Finally, the role of good faith and other key legal principles in preventing abuse is assessed, providing insight into how tribunals evaluate such cases and maintain fairness in international investment arbitration.   Findings Through detailed analysis, the paper finds that corporate restructuring carried out with the sole purpose of accessing treaty protection constitutes a violation of the international principle of good faith. Such actions are often viewed as circumventing the legitimate objectives of BITs, which include encouraging foreign investment, ensuring fair treatment of investors, and contributing to the economic development of host states. ICSID tribunals, aligning with scholarly views and arbitral precedents, have consistently refused to recognize jurisdiction in cases where claimants restructure merely to benefit from treaty protections they were not originally entitled to. These tribunals have identified specific jurisdictional criteria—personal jurisdiction, temporal jurisdiction, subject matter jurisdiction, and consent—which must all be satisfied for a claim to proceed. When claimants fail to meet even one of these criteria, particularly in situations involving strategic restructuring close to the emergence of a dispute, their claims are typically dismissed. This has led to a growing body of case law supporting host states' objections based on abuse of process.   Conclusion In light of the absence of a clear definition of "investment" under Article 25 of the ICSID Convention, tribunals have relied on rigorous analysis of jurisdictional requirements and the overarching principle of good faith to safeguard the legitimacy of the arbitration process. The consistent application of these standards serves to deter opportunistic behavior by investors and to prevent the manipulation of BIT provisions through bad-faith restructuring. The findings of this study underscore the importance of upholding procedural integrity and ensuring that ICSID proceedings are not misused. By doing so, the system can better serve its original purpose—protecting legitimate investors while supporting fair and sustainable international investment practices. https://jls.shirazu.ac.ir/article_8196.html International human rights standards owe much to the universal demand for the fuller realization of political and civil rights, reinforcing key concepts such as dignity, equality, freedom, and other fundamental human values. Examining the adoption process of pivotal instruments like the Universal Declaration of Human Rights, the Convention Against Torture, the International Covenant on Civil and Political Rights, and national legislative and sub-legislative frameworks raises a critical question: Have these documents and regulations—particularly in areas such as prisoners' rights—been formulated in a gender-sensitive manner or in universally applicable terms? Since the foundational premise of human rights discourse encompasses all human beings, regardless of gender, it must address the needs of both men and women through an equity-driven approach, proposing gender-specific mechanisms to claim transformative progress. This analytical, document-based study seeks to answer how the evolution of prisoners' rights has been shaped by gender considerations and how the most essential human rights guarantees for female prisoners are evaluated under international instruments and relevant domestic regulations .The findings reveal that human rights documents pertaining to prisoners have shifted from a gender-neutral, universal stance to gender-differentiated standards. Notably, the "Bangkok Rules" emphasize the necessity of enhanced or reinforced protections for incarcerated women. https://jls.shirazu.ac.ir/article_8035.html Introduction When users of digital platforms intend to migrate to a new platform, they face costs during migration or "multi-homing." The lack of access for the migrating user to their own personal data on the new platform is one of the most prominent of these costs. Since this switching cost makes it difficult for nascent platforms to compete with incumbent platforms, in recent years a right known as the "right to personal data portability" has attracted the attention of competition policymakers. In Iran, this right was also recognized in 2020 (1399 AH) in the document "Policies and Macro Requirements for Supporting Competition and Combating Monopoly of Virtual Space Platforms." The main question of the present article is whether the right to personal data portability can in practice be a tool to increase inter-platform competition? And if the answer is negative, what solutions can be proposed to the legislator to increase the efficiency of the right to data portability in the competition law of virtual space platforms?. The Position and Application of the Right to Personal Data … MethodThis article attempts to answer the above question using a descriptive-analytical method.   FindingsThe results of the study show that currently the personal data portability regime in Iranian platform markets faces three obstacles to increasing competition: The first obstacle is the legal limitation of platforms and migrating users in the full implementation of the right to personal data portability due to the conflict of this right with the privacy of third-party users of the platform. For example, on the "Instagram" platform, the information that matters to the migrating user is not only their own personal data but also includes data created by the user's friends and followers who are somehow connected to them (such as their likes and comments). In another example, sellers active on the "Digikala" platform, when migrating to another platform, intend both to transfer their own data, such as product images and descriptions, and also consider transferring their customers' data, such as feedback and positive reviews recorded about the products. This is while the transfer of personal data belonging to third parties (in the above hypotheses, the user's friends on the Instagram platform and the seller's customers on the Digikala platform) faces limitations under personal data protection laws; a limitation whose legal source is Article 59 of the Electronic Commerce Law and clauses 1-1 and 2-1 of the "Directive on Improving the Protection of Privacy of Users of Virtual Space Platforms." The second obstacle is the absolute nature of clause 3 of Article 4 of the document "Policies and Macro Requirements for Supporting Competition and Combating Monopoly of Virtual Space Platforms," which obliges all digital platforms active in Iran to establish a data portability process. This imposes unnecessary costs on nascent platforms lacking market power and can itself become a barrier to entry into the platform market. The third and final obstacle is the possibility of providing for copyright or contractual rights for the platform owner over users' data. If provided for in the platform's terms of use, this can condition and defer the transfer of migrating users' data upon the consent of the platform in whose favor the condition is made.   ConclusionIn order to increase the efficiency of the right to personal data portability in the competition law of digital platforms, suggestions have been presented in this article to the Iranian competition legislator: First, newly established and nascent platforms should be exempt from implementing the personal data portability regime at the beginning of their operation; but after two years of operation or until the platform reaches a dominant economic position according to the determination of the Competition Council (whichever of the two deadlines occurs earlier), the platform owner should be obliged to implement data portability tools for users. Second, regarding platforms that are subject to the obligation of data portability, an obligation should be created to provide a transparent and easy process in the platform's user interface for users to declare their consent to the transfer of their data by their audience; in such a way that the platform user can allow their audience (followers or connections) to transfer personal data related to the audience (but created by the user) to other platforms and also have access to that data on competing platforms. Third, the legislator should deem agreements between platforms and users regarding ownership or the exclusive right to exploit data belonging to the platform owner as ineffective and unenforceable with respect to the potential suspension of the right to personal data portability. Nevertheless, it should not be forgotten that the aforementioned agreements should still be enforceable and binding in other respects, especially against data-scraping persons, in order to prevent instances of unfair competition among platform owners. https://jls.shirazu.ac.ir/article_8206.html Undoubtedly, balancing the protection of patent holders’ rights with the safeguarding of public interests is a fundamental objective of the United States patent system. One of the most important tools in achieving this goal is the “clear and convincing evidence” standard in patent invalidation proceedings, which, by imposing a heavy burden of proof, contributes to the stability of granted patents. However, critics argue that this standard makes it more difficult to invalidate low-quality patents, thereby shifting the balance in favor of patent holders. The central question of this article is what role this standard plays in the U.S. legal system, how it affects the invalidation of unjustified patents and the balance between patent holders’ rights and public interests, and what consequences its absence has in Iranian law. This study adopts a descriptive–analytical and comparative approach. Findings indicate that, despite criticisms, this standard in the U.S. is applied in favor of patent holders, while in Iran, the absence of a defined standard leads to inconsistent rulings and reduced predictability. It is therefore concluded that establishing a clear evidentiary standard in Iranian law is essential. https://jls.shirazu.ac.ir/article_7948.html Introduction Energy is a fundamental necessity for the continuation of economic development, the provision of welfare, and the assurance of human comfort.  The use of fossil fuels (such as oil, gas, coal, etc.) has been so rapid and uncontrolled that it has not only disrupted ecological balance but also threatens the very existence of humanity. To address this issue, there has been a growing inclination toward harnessing energy from renewable sources. Consequently, renewable energy has become one of the most critical topics in the realm of development of knowledge boundaries within the field of law. From this perspective, renewable energies are regarded as divine blessings and a bridge between nature and humanity, serving as an alternative energy source and a strategic choice for sustainable social and economic development.     The issue of renewable energy lies at the intersection of human rights, environmental law, intellectual property rights, and technology transfer. This paper endeavors to explore the transformation toward a clean energy system through the prism of intellectual property rights. In this regard, one of the environmental dimensions pertaining to intellectual property rights is shaped by emerging technologies associated with renewable energy. According to some scholars, the relationship between intellectual property rights and renewable energy offers a new perspective on the current and future state of this category of energy. The issue of renewable energy lies down at the intersection of human rights, environmental rights, intellectual property rights, and technology transfer. This article attempts to examine the evolution a clean energy system through intellectual property rights. In this regard, one of the environmental dimensions of intellectual property rights is the new technologies related to renewable energy. According to some researchers, the relationship between intellectual property rights and renewable energy provides a new perspective on the current and future status of these types of energies.  Methods Despite the necessity and significance of renewable energies, the primary challenge in expanding the use of clean energies lies in the conflict of interests between the global North and the South concerning the transfer of technology related to energy resources. Industrialized developed countries, which are primarily equipped with renewable energy technologies, have acquired the technical expertise through substantial investments in research and development. However, they are reluctant to share these technologies, a stance that inherently incompatible with the goal of safeguarding the right to life and enjoyment of a healthy environment. Consequently, this study aims to address the fundamental question of how to respect intellectual property rights while facilitating the transfer of clean technologies to developing countries? The research employs an analytical and descriptive methodology, utilizing library-based resources for data collection. Examining the prospective of proponents and opponents of supporting renewable energy in light of intellectual property rights raises the question of whether the monopolistic tendencies arising from intellectual assets act as a barrier to the transfer of technology in this category of energy, or whether they should be moderated and facilitated in light of public domain. Fundamentally, what is the role of intellectual property rights in promoting and disseminating technologies that enable clean energy? Investment in renewable energy projects typically requires substantial financial resources, policies tailored to the deployment of equipment to align with absorption infrastructure and domestic industrial capacities, as well as high revenue- generation risks, which often entail a long waiting period for return on investment. Findings Acknowledging the importance of decarbonizing clean technologies, environmental and technological tools have gained attention at both national and international levels, ranging from comprehensive policies aimed at mitigating climate change to the shift toward new sources of renewable energy. The significance of this issue highlights that the international dissemination of low-carbon technologies has been a cornerstone of climate-related negotiations since the adoption of the United Nations Framework Convention on Climate Change. The research shows that intellectual property rights can play a role in mitigating climate change by fully protecting clean energy technologies. While protecting intellectual property rights can help develop renewable energy technologies, it can also obstacle to the transfer of renewable energy technologies. Intellectual property owners are more likely transfer technologies related to renewable energy industries if they are confident and have sufficient guarantees. In contrast, the lack of adequate protection of intellectual property rights in developing countries can block access to such technologies. Therefore, the realm of clean technologies defines the boundary of the subject where it intersects with the approach of protecting intellectual property rights. In order to protect fundamental human rights and to overcome the challenges ahead, it has not only been recommended to consider intellectual property related to the transfer of renewable energy technologies as belonging to the public domain; but also, it has even been proposed to remove environmentally friendly technologies from the scope of patentable inventions and make them accessible to all countries. On this basis, the protection of renewable energy under the umbrella of intellectual property rights, while supporting innovations and advancements in this field, emphasizes the promotion of technology transfer while respecting exclusive intellectual property rights. However, within this framework, environmental considerations are not a condition for the protectability of an invention. Essentially, technologies for generating electricity from natural resources represent innovations that encompass technical and tacit knowledge, which can be safeguarded under intellectual property rights. Therefore, intellectual property rights constitute a key factor in the innovation process and decision-making for investments in research and development activities. Conclusions Today, the imbalance in electricity supply in our country has become a serious issue, and frequent blackouts, aside from causing public dissatisfaction, threaten the production and sustainability of industries. It seems that in domestic law, given the vast scope of green energy resources and the abundant potential capacities available—such as solar, hydro, wind, geothermal, biomass, marine currents, and more—within Iran's geography, adopting strategies such as simplifying and facilitating the process of applying for and approving patents related to these types of energy, providing financial support and incentives for their innovators, and promoting research and development by creating a platform for foreign direct investment, particularly with a focus on renewable energies that have not yet reached maturity, could guide the country toward embracing renewable energy under the framework of intellectual property rights. https://jls.shirazu.ac.ir/article_8208.html Ecocide in vulnerable communities leads to ecosystem destruction and ultimately socio-cultural structural collapse. This widespread and systematic environmental devastation, constituting social death, simultaneously destroys livelihood resources and cultural heritage of vulnerable communities, necessitating comprehensive multidimensional responses through transitional justice mechanisms. The absence of effective mechanisms for addressing ecocide and compensating damages to vulnerable communities stems from inefficiencies in existing legal systems (both traditional and modern) primarily designed for individual claims; hence, employing innovative transitional justice mechanisms with holistic approaches facilitates socio-cultural damage remediation. This research addresses the fundamental question: "How can transitional justice mechanisms effectively combat ecocide and rehabilitate vulnerable communities?" by examining five principal transitional justice mechanisms—truth-seeking, justice, reparations, reconciliation, and guarantees of non-recurrence. These mechanisms prove effective in identification, documentation, legal prosecution of violators, victim compensation, and structural reform. The methodology employs a descriptive-analytical approach. Research findings indicate that coordinated implementation of these mechanisms can transform societies from environmental degradation tolerance toward active ecosystem protection and environmental rights respect. https://jls.shirazu.ac.ir/article_8051.html Introduction From maturity until extinction, monetary debts do not remain fixed. There is a possibility that they may increase in quantum and impose themselves on the debtor as a result of the intervening evolutions. The debtor, on the other hand, is unlikely to agree to any change in the quantum of the debt, and this may lead to a dispute between the creditor and the debtor. The first question that the authors face in the article is what are the possible causes of changing the quantum of an outstanding debt from its maturity date to its payment date? In response to this question, the first thing to note is the decrease in the value of money. The decrease in value of money is objective in certain instances thus is based on the official inflation rate announced by the Central Bank of Iran, and is subjective in other cases thus depending on the specific transaction. In this regard, failure to pay the debt upon maturity can lead to problems for the creditor who will expect to receive the money at that time, including having to compensate third parties. In addition to this, he was deprived of the benefit that he would have gained had he received the money in a timely manner.   Therefore, failure to pay a debt on time will result in, in addition to the decrease in value of money, other types of damages such as actual losses suffered, loss of profits and gains lost, each of which should be analyzed separately. However, the parties will normally attempt to agree in advance on the amount of damages resulting from non-payment of debts. It is, however, important to note that depending on whether this agreement concerns the decrease in value of money, actual losses suffered, or profits not realized, different implications will result, which should be assessed separately. Consequently, in this article, after discussing objective and subjective methods of compensation of decrease in value of money, damages and loss of profits resulting from failure to pay debts, as well as the taxonomy of the agreements relating to such damages, the combining of these various damages is examined in the final section.   Methods Using the library resources, this article uses a comparative approach and an analytical-descriptive approach in accordance with Iranian and Common Law case law.   Results It is the main objective of this article to identify the accessories of monetary debts, including subjective and objective compensation for the decrease in value of money, actual losses and lost profits. This is because under Iranian law, all of the above headings of damages are considered to subsume under the notion of late payment damages (“khesāratē-ta’khirē-ta’diyē”). As the authors of this article address in their article, the principal concern is how and by what method debts are calculated and evaluated after maturity? As a response to this question, the authors differentiate various types of accessories related to monetary debts after their maturity. A second question to consider is the limits that apply to parties' agreement regarding each of these types of accessories and also the possibly of claiming for all of said accessories in a specific case. It is the thesis of this article that an agreement on each of these accessories is valid and that, by separating them from each other, it is possible to claim for all of them simultaneously.   Conclusions As a result of various factors, it is possible for the amount of a debt to change after maturity date. Thus, if staggering inflation has occurred, the first step should be to revaluate the monetary debt in accordance with the rate determined by the Central Bank of Iran. However, if the parties' intention concerns subject of a specific commercial transaction, the decrease in value should be compensated according to the inflation in value of said subject, instead of the CBI's rate. In addition, damages incurred and lost profits due to a delay in payment of the debt after the maturity date should also be evaluated using objective and subjective criteria. https://jls.shirazu.ac.ir/article_8241.html The concept of self-control, which was simplistically used in Gottfredson and Hirschi's General Theory of Crime, has been widely criticized for its failure to address its complex and extensive dimensions. This paper, using a library-based method and a descriptive-analytical approach, attempts to unravel the complexities of this concept for use in criminological studies by examining self-control from psychological, psychotherapeutic, educational, and ethical perspectives, alongside criticisms leveled against Gottfredson and Hirschi's self-control theory. In this way, facets of the structure and nature of self-control were discovered that will cover many gaps in self-control theory, such as the immutability of self-control after childhood, the tautological nature of this theory, the weaknesses of the proposed solution for creating self-control, and the preventive extent of self-control against crime in different societies. Furthermore, by adding the element of "thinking" to Gottfredson and Hirschi's proposed solution, while addressing existing shortcomings, the evolution of self-control can be achieved, resulting in an increased effectiveness of this phenomenon in crime prevention. https://jls.shirazu.ac.ir/article_8071.html Introduction Legal acts that contracting parties create in the world of establishment (jahan-e sobut) are not always fully manifested in the world of proof (jahan-e esbat). The most prominent example of this situation is right-conferring agencies, such as agencies in the capacity of sale. In these cases, after the parties agree on granting or transferring certain rights, such as ownership, they suffice with drafting and granting a power of attorney document. In order to remove ambiguity from this inconsistency, the fundamental question is the nature and structure of the aforementioned agencies and the resulting changes in their effects. Furthermore, if these contracts are considered merely agency in its terminological or legal sense, upon the death or interdiction of the agent or principal, based on Article 678 of the Civil Code, the agency is dissolved; while this contradicts the intention of the contracting parties and the agent's acquired rights. Therefore, to resolve this conflict, the second question is the status of the agency and the right hidden behind  Organizing the "Power of Attorney Coupled with an Interest" … it upon the occurrence of the causes of compulsory dissolution of agency. The innovation of this research is explaining the nature of right-conferring agency within the same framework of the agency contract, but with effects distinct from terminological agency. In such a way that the structure of these agencies is analyzed based on the precedence of internal intention (eradeh-ye batani) and the influence of constructive conversations (goftogu-haye bena'i) to determine the true scope of the contract. In addition, based on the criterion of Article 777 of the Civil Code and the jurisprudential-legal foundations of this article, such as the theory of the sufficiency of the occurrence of permission (hoduth-e ezan), the compulsory causes of dissolution of the agency contract are excluded from the instances of dissolution of right-conferring agencies.   Methods  The present fundamental-applied article collects the necessary information using a library method from legal, jurisprudential sources, and court opinions, and with a descriptive-analytical approach, seeks to answer the aforementioned questions and organize the existing situation.   Findings  Right-conferring agency is a special type of agency contract with unique effects. Understanding its relationship with terminological agencies, as well as its specific characteristics, requires knowledge of the true nature and structure of this contract, centered on the internal intention of the contracting parties. Two analyses exist regarding the nature of right-conferring agency in the world of establishment: First, the power of attorney document that is manifested in the world of proof is only a part of the main and broader contract in the world of establishment; whereas its main effect, that hidden contract whose main pillar is hidden from view, will be the creation of a right. This analysis is based on the theory of conditions (shorut) or constructive provisions (mafad-e bena'i). Just as by considering internal intention as preponderant and effective, constructive agreements prior to the contract, such as agreement on the transfer of ownership, even without specification in the evidentiary document of the contract, enter the realm of the contract. Therefore, the power of attorney document is only a manifestation of a part of the comprehensive and true contract that has been concluded according to the will or common and internal intention of the contracting parties. The second analysis, consistent with the latter part of Unified Judicial Precedent No. 847, holds that the granting of a right and representation is through two consecutive contracts; such that first, a right-creating contract, such as a sale, is concluded, then, following or based on this created right, an agency is also granted for matters such as receiving the official title deed of ownership. Whereas this same power of attorney document, by signifying the sale in the matter of proof, discloses the prior contract. Volume 18, Issue 1, Spring 2026   Regarding the status of right-conferring agency upon the occurrence of compulsory causes of agency dissolution, such as death and interdiction, a distinction must be made between the right and the agency. The acquired and hidden right in the right-conferring agency, in terms of its position in this legal act, is no different from other acquired rights of individuals, and it remains. However, regarding the agency, it seems that based on the foundation of the said agency on the granted right and the explicit or implicit agreement of the contracting parties, as well as by invoking the criterion of Article 777 of the Civil Code, this category of agencies can be considered remaining even upon the death or interdiction of the contracting parties. Just as a study of the jurisprudential foundations of Article 777 of the Civil Code, as another type of right-conferring agency, shows that in an agency based on the right of pledge (rahaneh), the mere occurrence of permission (hoduth-e ezan) can be considered sufficient. Therefore, the compulsory causes of dissolution set forth in Article 678 of the Civil Code can be considered as pertaining to the customary state of agency, the subject of which is merely the principal's rights.   Conclusion  Right-conferring agency, unlike terminological agency, is not merely the granting of representation. Rather, behind it, a right is created for the agent, and the agency is granted as a part of the legal act creating the right or based upon it. Furthermore, regarding the dissolution or survival of right-conferring agency, it is thought that in addition to the survival of the agent's acquired right in these legal acts, the agency based on that right can also be considered as remaining. https://jls.shirazu.ac.ir/article_8285.html The concept of amicus curiae, or “friend of the court,” serves as an auxiliary mechanism within legal systems, playing a significant role in assisting the court in uncovering the truth and reducing the complexity of disputes. With the expansion of social responsibilities and the necessity of truth-seeking in insurance litigation, the involvement of third parties, such as the insurer or their representative, has gained importance in judicial proceedings. This study, adopting a descriptive-analytical approach, examines the concept and role of amicus curiae with a particular emphasis on the position of insurers in Iran's legal proceedings. Additionally, it seeks to assess the feasibility of the insurer acting as a friend of the court. The findings indicate that although the insurer's role in overseeing litigation and preventing frivolous claims bears some resemblance to amicus curiae, its profit-driven motives and the potential for direct involvement in disputes challenge this alignment with the traditional concept of a friend of the court. However, if a broader interpretation of amicus curiae is accepted—one that allows interested entities to contribute to judicial fairness—the insurer could be regarded as a modern friend of the court. The analysis presented in this study could serve as a foundation for revising Iran's legal regulations and judicial practices, ensuring impartiality and transparency in proceedings while effectively utilizing the insurer’s capacity as an auxiliary to the court in dispute management. https://jls.shirazu.ac.ir/article_8183.html Introduction Monopoly occurs when there is only one or a few producers or sellers of a good or service. Monopoly in the trade of goods leads to the possibility of controlling the market for similar goods, which results in potential negative consequences such as price increases, economic stagnation, weakening of consumer rights, and so on. Therefore, the regulatory duty of economic regulations forces the government to combat it. However, some businesses are monopolized by the government or individuals, including legally protected persons, and are considered legitimate monopolies. But a number of monopolies, although anti-competitive due to various reasons and factors, are supportable because of their positive effects on economic growth, development of investment, increase in infrastructure, promotion of research and development, technology, and public welfare. Since laws and regulations do not draw a precise boundary between these two types of monopoly, this research, by presenting distinguishing foundations, seeks to  Foundations and Criteria for Distinguishing Legitimate … identify and justify the criteria that differentiate these two types of monopoly.   Method  The method of this research is descriptive-analytical, and the data collection tool is library resources and the use of data available in databases, especially legal databases.   Findings  Examination of the subject shows that a distinction must be made between the foundations and the criteria that distinguish legitimate from illegitimate monopoly. There are foundations, principles, and rules that justify and even necessitate the distinction between legitimate and illegitimate monopoly, the most important of which are public order, consumer rights, and preventing harm to others. The criteria, which are established based on the identified and presented foundations, act as indicators for determining the type of monopoly and can be divided into legal, economic, and political types. Criteria such as the possibility of product substitution, market share calculation, and significant price increase prove the existence of a hypothetical monopolist from an economic perspective. In the next stage, legal science intervenes with criteria such as originality of the idea or effort, good faith, reasonableness of adopting certain supra-competitive methods, and fundamental evaluation to distinguish between legitimate monopoly and monopolies created by resorting to unfair and inequitable means, so that legitimate commercial efforts that lead to economic development are not wasted. The political criterion is the attitude of governments, which is rooted in their political thought, mainly situated between the two poles of communism and the concept of distributive justice, and liberalism and the concept of commutative justice.   Conclusion  The positive and negative consequences of monopoly are two sides of the same coin. Some believe that monopoly causes economic growth, increased production, lower prices, etc., while others believe that monopoly produces these same effects in a negative direction. Monopoly power created through effort, innovation, and commercial luck without seriously violating the rights of others should be protected by law because it enables merchants and commercial companies to increase investment, develop infrastructure, increase employment and production, and advance technical knowledge and technology. Therefore, the benefits of legitimate monopoly outweigh those of illegitimate monopoly, such as the possibility of abusing monopoly power. Consequently, with a regulatory tool that prevents the use of monopoly in a negative and destructive direction, it is possible to ensure the preservation of the positive effects of monopoly and encourage individuals to invest. Finally, given the positive effects of legitimate monopoly on economic growth, development of investment, increase in infrastructure, promotion of research, growth and technology, and public welfare, the theory of facilitating and supporting legitimate monopoly should be seriously considered. https://jls.shirazu.ac.ir/article_8297.html The process of fact-finding in arbitration is closely tied to the ability to obtain effective evidence. Relying on the principle of party autonomy, the disputing parties are free to determine the rules governing the taking and presentation of evidence. However, due to the inherent features of arbitration, the scope of this autonomy becomes restricted when dealing with third parties. The acquisition of evidence in the possession of third parties—when such evidence is material to the outcome of the dispute—can play a significant role in the fact-finding process. Nevertheless, obtaining such evidence from non-parties is not straightforward; considerable legal and procedural obstacles exist in this regard. An arbitral tribunal's jurisdiction derives solely from the consent of the parties and does not extend to third parties. The silence of many legal systems and international instruments has further intensified uncertainties in this area. However, the laws and arbitral practices of certain jurisdictions indicate the development of specific frameworks for obtaining evidence from third parties. Accordingly, this article adopts a descriptive-analytical approach to explore the following question: if certain relevant and material documents are in the possession of third parties, how can those who have not consented to the arbitration agreement be brought within the scope of the tribunal's authority ?The findings of this study reveal that, as a general rule, arbitral tribunals lack jurisdiction over third parties. Nonetheless, under certain procedural conditions, national courts can play a crucial role in enhancing the efficiency of arbitral proceedings and in facilitating cooperation with arbitral tribunals. https://jls.shirazu.ac.ir/article_8173.html Introduction Becoming an active citizen is a complex process that requires legal equality of social groups or at least a feeling of equality with other citizens. The feeling of equality, fairness, economic independence, and the fulfillment of basic needs constitute the essence of fair social rights, and citizens' attitude towards these rights is the foundation of social justice. The media, as intermediaries, play a key role in shaping this attitude, and media literacy, including the skills of accessing, analyzing, evaluating, and engaging with media content, has become a determining factor in this process. In Iran, especially in the city of Mashhad with its specific cultural-religious context, women's attitude towards fair social rights is influenced by media literacy and religious values. This research was conducted with the aim of examining the relationship between media literacy and attitude towards fair social rights  The Relationship between Media Literacy and Attitude towards Fair Social Rights … among women in Mashhad. The main objective of this study is to analyze the relationship between media literacy and attitude towards fair social rights (including economic independence, equality, fairness, and fulfillment of basic needs) among women in Mashhad. The secondary objectives include examining this relationship in different dimensions of fair social rights and analyzing differences in attitude based on demographic variables (age, education, income, occupation, and marital status).   Methods This research employed a survey method with a descriptive-correlational approach. The statistical population consisted of women residing in Mashhad (over 1.5 million according to the 2016 census). A sample of 350 individuals was selected using a multi-stage cluster sampling method from 7 urban districts (Districts 1, 2, 5, 7, 9, 11, and 12) and 17 neighborhoods. The data collection instrument was a questionnaire with a five-point Likert scale, whose content and face validity were confirmed by experts and whose reliability was confirmed by Cronbach's alpha (0.921 for media literacy and 0.935 for attitude towards justice). Data were analyzed using SPSS and AMOS software, including descriptive analysis (mean and standard deviation), Pearson correlation, t-test, ANOVA, and path analysis.   Findings The results showed that media literacy has a positive and significant relationship with attitude towards fair social rights (R² = 0.41). The behavioral dimension of media literacy (β = 0.40) had the greatest impact, while participation (β = 0.25) showed the least effect. Correlations indicated a strong relationship between the behavioral dimension and attitude towards justice (r = 0.70). Younger women (18-35 years), due to their interaction with digital media, had a stronger attitude towards economic independence, while older women (56-75 years) showed a greater tendency towards fairness and need fulfillment. High education and middle income were associated with attitude towards equality, and married women had a stronger attitude towards fairness and need fulfillment. The cultural-religious context of Mashhad strengthened the attitude towards fairness and need fulfillment.   Conclusion The findings were consistent with the theories of Rawls, Fairclough, Hall, Bandura, and Mead and showed that media literacy, especially through active behavior and critical analysis, strengthens the attitude towards fair social rights among Mashhad women. The religious values of Mashhad have highlighted fairness and need fulfillment more prominently and showed differences with Western studies that focus on individualism. Comparison with domestic studies also confirmed the influence of Mashhad's religious context. This research suggests that media literacy educational programs be aligned with local values and that social laws be revised to support a justice-oriented attitude. This study, by integrating Western and indigenous theories, presented a novel framework for analyzing media literacy in a cultural-religious context and highlighted the influence of collective values on attitude towards justice. Examining demographic differences in this context added to the richness of the social justice literature. https://jls.shirazu.ac.ir/article_8318.html The Islamic Emirate of Afghanistan (the Taliban), as the current ruling regime in Afghanistan, has issued a series of legal texts and decrees across various domains, including criminal matters. The primary basis for adjudicating disputes and conducting criminal proceedings in this system is Islamic jurisprudence (fiqh), followed by the decrees issued by the Taliban’s supreme leader, which are treated as binding laws. In recent years, more than one hundred decrees and several legislative texts have been enacted under titles such as the “Law on Enjoining Good and Forbidding Evil,” the “Law on Hearing Complaints,” the “Judicial Procedures Charter,” and two judicial codes of conduct. The central question of this study is: What is the status of the principle of legality of crimes and punishments within the legal structure of the Islamic Emirate (Taliban)? The findings, derived through a descriptive-analytical method, indicate that this principle has not been explicitly or systematically recognized in any of the Taliban’s legislative texts. However, in some instances, indirect acknowledgment of the principle can be inferred. https://jls.shirazu.ac.ir/article_8216.html IntroductionThe term "absolute guardianship" (Velayat-e Mutlaqeh) in the context of the Islamic Jurist (Faqih) bears a superficial linguistic resemblance to "absolute monarchy," a political system often associated with tyranny and the concentration of unchecked power. This semantic overlap risks distorting the concept in the public mind and could potentially pave the way for an authoritarian or despotic interpretation of Islamic governance. The primary objective of this article is to dissect this apparent similarity and demonstrate that it is only verbal. The core research question is: What is the relationship between the general/absolute guardianship of the Faqih and absolute monarchy? Furthermore, considering that absolute governments are now widely deemed degenerate, the article investigates whether Islamic political theory can genuinely be reconciled with the theory of absolute rule. The analysis aims to provide a clear, nuanced understanding of Velayat-e Faqih, distinguishing it from absolutist models of power.From Absolute Monarchy to the Absolute Guardianship …MethodsThis research employs a descriptive-analytical method. It begins by examining the historical, linguistic, and theological roots of both "absolutism" as a Western political concept and "absolute guardianship" (Velayat-e Mutlaqeh or Velayat-e Ammah) within Shia Islamic jurisprudence (fiqh) and theology (kalam). The study analyzes the works of Islamic jurists to trace the evolution of the term and its intended meaning. It then contrasts these findings with the defining characteristics of political absolutism, as understood in Western political thought and history, to identify substantive differences rather than mere linguistic parallels. FindingsThe investigation yields several key findings:3.1. The Nature of Political Absolutism: In Western political tradition, absolutism (e.g., as embodied by Louis XIV of France) signifies a concentration of unlimited, sovereign power in a single ruler, often justified by the "divine right of kings." This power is typically not subject to institutional checks and balances from judicial, legislative, or electoral bodies. While some historians argue that traditions and customs acted as de facto limits, the theoretical framework of absolutism rejects any formal, legal limitations on the monarch's will.3.2. The Meaning of "Absolute" in Velayat-e Faqih: Within Shia jurisprudence, the terms "general guardianship" (Velayat-e Ammah) and "absolute guardianship" (Velayat-e Mutlaqeh) are used interchangeably. Crucially, the word "absolute" (mutlaqeh) here is a description of the scope of authority (pertaining to public affairs), not a description of the nature of that power (being free from all constraints). It means the jurist has guardianship over general matters of society, not that his power is unlimited. This is a critical distinction often lost in translation.3.3. inherent Constraints on the Faqih's Authority: Contrary to absolutism, the Islamic jurist's authority is conceptually bound by multiple critical constraints:Public Acceptance: The legitimacy of the Faqih is contingent upon public consent, often manifested through free elections.Oversight and Accountability: The Faqih and his appointees are subject to oversight mechanisms.Constitutional Framework: His authority is limited by the national covenant, typically embodied in a constitution.Obligation to Consult (Shura): The Faqih is religiously obliged to avoid autocracy and must consult with experts and knowledgeable councils. Volume 18, Issue 1, Spring 2026 Adherence to Sharia: Even the Prophet and Imams were bound by divine law and justice; they could not rule arbitrarily. By extension, the Faqih's authority is a subset of this and is therefore intrinsically limited by Islamic principles of justice and rationality.3.4. Rejection of Arbitrary Power: The article finds it irrational to suggest that Islamic law would grant any individual, including a Faqih, absolute and arbitrary power over people's lives and property, as this leads to social corruption and decay. Furthermore, it is illogical for a people to establish a constitutional system that includes the office of the Faqih, only for that same Faqih to be permitted to act above the very constitution that legitimizes his position.  ConclusionThe central conclusion is that the similarity between "Absolute Guardianship of the Jurist" and "absolute monarchy" is purely terminological, not substantive. Velayat-e Mutlaqeh does not endorse an arbitrary, despotic, or individualistic concentration of power. Instead, it defines a specific type of authority—guardianship in public affairs—that is necessarily and inherently constrained by a framework of public consent, constitutional law, mandatory consultation, and divine principles of justice. However, the article acknowledges a significant risk: the potential for an authoritarian reading of Velayat-e Faqih. If the Faqih's authority is expanded to near-divine levels, rendered immune to oversight, and demands unconditional obedience, it effectively morphs into the very absolute rule it claims to oppose. Therefore, the integrity of the concept depends entirely on its interpretation and implementation within a framework of checks and balances. A correct, sharia-compliant understanding of Velayat-e Faqih is fundamentally incompatible with the classical model of absolute monarchy. https://jls.shirazu.ac.ir/article_8339.html With the rapid advancement of technology and the expansion of cyber capabilities,data has emerged as a critical and indispensable asset—one upon which the functioning of essential societal infrastructures heavily depends.Consequently,the question of how data ought to be identified and protected has become one of the most contentious issues in contemporary legal discourse.Nevertheless,the absence of explicit treaty provisions and customary international law applicable to the cyber domain is evident.Most existing frameworks,which derive from the principles of distinction,proportionality,and precaution—principles designed to afford general protection to civilians and civilian objects in armed conflict—are limited in application to operations that fall within the definition of an “attack” under the concept articulated in international humanitarian law.Moreover,Article 52 of Additional Protocol I to the four Geneva Conventions expressly prohibits attacks against civilian objects.This gives rise to a fundamental question:under what conditions can data,notwithstanding its intangible nature,be recognized as an “object” entitled to protection under international humanitarian law?The authors contend that, given the vital role of data in ensuring the functionality of critical infrastructure and its implications for public security,data may,under specific circumstances,qualify as a civilian object and thereby enjoy the protections afforded by international humanitarian law.Accordingly,this article, employing a descriptive–analytical method and drawing upon library-based sources,seeks to examine the possibility of recognizing data as a civilian object under the rules and norms of international humanitarian law,through the analysis of legal instruments,state practice,and doctrinal perspectives.The findings suggest that the failure to recognize data as an object would result in a significant protection gap. https://jls.shirazu.ac.ir/article_8224.html Introduction Legal systems worldwide exhibit divergent approaches to mother tongue education. Despite broad interpretations of international human rights instruments and Article 15 of the Constitution of the Islamic Republic of Iran—which declares the teaching of ethnic and local literature "free"—a comprehensive theoretical framework to elucidate the nature of this right and the consequent obligations it imposes on the state remains elusive. The central question of this research is whether mother tongue education constitutes a "claim-right," imposing positive obligations on the state, or is merely a "liberty-right," requiring only negative obligations (i.e., non-interference). This paper aims to answer this question by focusing on theories of educational justice and Wesley Hohfeld's analytical framework, thereby examining the nature of the right to mother tongue education and its impact on the type and extent of state obligations, ultimately proposing practical solutions for its guarantee within legal systems. The Right to Mother Tongue Education in Light of Theories of Justice … Methods This research employs an analytical-descriptive method with an interdisciplinary approach (encompassing legal philosophy, human rights, and political science). The theoretical section utilizes conceptual analysis to investigate the philosophical and ethical foundations of mother tongue education in light of theories of justice, particularly Michael Walzer's "complex equality" and the capability approach of Amartya Sen and Martha Nussbaum. In the legal section, relying on Hohfeld's analytical framework, the nature of the right to mother tongue education (claim-right vs. liberty-right) and the resulting state obligations are analyzed. Legal data is gathered and scrutinized from international documents (e.g., the International Covenant on Civil and Political Rights, UNESCO's Mother Language Charter) and national documents (especially Article 15 of Iran's Constitution). Furthermore, the research background has been studied through a systematic search of academic databases and library resources.   Results The findings indicate that the right to mother tongue education has a dual nature. On one hand, as a liberty-right, it obliges the state to refrain from interference and abstain from creating obstacles to the voluntary teaching of mother tongues. However, this study demonstrates that this view is insufficient for the long-term actual guarantee of this right and could lead to the erosion and extinction of mother tongues. On the other hand, under specific conditions and based on theoretical foundations of justice, particularly Walzer's theory, mother tongue education can also be asserted as a claim-right. Walzer, by criticizing "simple equality" (equal distribution of resources) and advocating for "complex equality," emphasizes that educational justice requires recognizing identity differences, including linguistic identity. Consequently, the state becomes obligated to provide the necessary facilities and infrastructure for the realization of this right, including supplying teachers, textbooks, and classrooms in the mother tongue. Analyzing Article 15 of the Constitution, by referring to the detailed minutes of the Assembly of Experts and a dynamic interpretation, suggests the existence of such a positive obligation for the state. Furthermore, the findings show that challenges raised against this right, such as threats to national unity or implementation difficulties, can be refuted and managed with empirical evidence from multilingual countries (e.g., Canada, India) and practical solutions like educational decentralization and state regulation.       Volume 18, Issue 1, Spring 2026   Conclusion In conclusion, it can be argued that the right to mother tongue education, within the Hohfeldian framework, has a hybrid nature, encompassing both a liberty-right (state's negative obligation) and, under just conditions, a claim-right (state's positive obligation). The full realization of this right necessitates a transition from simple equality towards Walzer's complex equality. Practically guaranteeing this right not only enhances human dignity, reduces discrimination, and strengthens cultural identity but also, by increasing the trust and participation of ethnic groups, leads to more sustainable national cohesion and cultural enrichment of society. A practical and middle-ground solution for Iran is a gradual shift towards a decentralized educational system with a state regulatory role, phased budget allocation, and utilization of local capacities to simultaneously secure citizens' rights and address practical state considerations. https://jls.shirazu.ac.ir/article_8354.html In the historic contexture of present study, the concept of power and the performance of time powerful people are like tenets that have always casted a shadow on Iranian thinkers’ mind and tongue and, to the same reason, it has paved the way to share and transfer elites’ experiences to audiences in the scale of human generations by creating lean works in sweet, full points and metaphorical Persian language. In this vein, reviewing Persian prose literature history especially between 4th through 8th centuries is a clear reason for this claim that the creators of prose texts is a reflection of conception of time power in Persian Prose and has left a precious heritage. Anyhow, the domain of events in these four centuries are in a manner that author is urged to contemplate on political consideration of that time. Present paper attempts to point out samples of Persian Prose texts in which the author has a pessimistic view on power and warns on authoritarianism calamities, fears, risks and fascinations of power. According to this paper, the main approach taken by literary works’ creators between 4th through 8th centuries which indicates a small part of their thinking system is based on expressing and aspiring evils and corruptions of power. Hence. In the first step, an excerpt of prose and reputable works between 4th through 8th centuries is considered and, then, a reflection of power perception and its outcomes are navigated from the lens of thinkers in 7th and 8th centuries https://jls.shirazu.ac.ir/article_8340.html Introduction Crime prevention as a criminal policy strategy is realized through the application of penal and non-penal measures. The first approach brings its objective to fruition through penal prohibitions of behaviors contrary to public order and the establishment of appropriate punishments for them. The second approach, however, with a criminological and scientific view of this phenomenon, seeks to control it through the application of non-coercive actions. Among the forms of crime prevention in the second sense is community-oriented prevention, which, outside the penal system, with a etiological and antecedent approach, seeks to eliminate or reduce criminogenic environmental factors by relying on cultural, social, and economic actions. Thus, the aforementioned prevention, based on the assumption that diverse environmental factors are effective in regulating individuals' behavioral systems, puts on its agenda mechanisms such as organizing foundations like the economy, housing, education, and physical training in order to prevent their tendency to violate social norms.  A Criminological Reading of the Third Principle of the Constitution … Methods  In this research, using a descriptive-analytical method and utilizing library resources, answers are given to the following questions: Given the importance of social crime prevention in its community-oriented form, to what extent has this dimension of criminal policy and its accompanying strategies been reflected in the Constitution as a supra-legislative regulation and attained a supreme aspect? Various principles of the Constitution have attended to the issue of crime prevention and the means of achieving it. However, the focus of this writing is the Third Principle of this document; because, despite containing societal strategies for crime prevention, it has not been deeply addressed in other conducted research.   Findings  Investigations indicate that the importance of crime prevention as a normative approach in criminal policy has led to this matter being manifested not only within legislative and infra-legislative regulations but also at the level of a superior and guiding regulation such as the Constitution. Therefore, by attending to the types of crime prevention, including social prevention, in various principles of this upstream document, such as the Third Principle—the subject of this writing—the essential foundations for it have been created, and by providing mechanisms, a fundamental aspect has been given to it. The intrinsic and identity aspect of the aforementioned prevention attends to the content of scientific and studied solutions such as establishing a poverty-eradicating, job-creating economy, providing welfare and basic necessities of life, strengthening education, universalizing higher education, enhancing the scope of public awareness by properly utilizing the capacity of the press and mass media, strengthening the political participation of various strata, free physical training, organizing the leisure time of citizens, especially children and adolescents. The formal aspect of this doctrine attends to the realm of management and the manner of its implementation by cross-sectoral institutions such as governmental, public, and non-governmental organizations across the country. The first version of the Bill on the Prevention of the Occurrence of Crime of 2006 (1385 AH), in a relatively comprehensive definition, introduced this type of prevention as "including the set of educational, cultural, economic, and social measures and methods of the government, non-governmental institutions and organizations, and people's organizations regarding the sanitization of the social environment and physical environment for the elimination or reduction of social factors of the occurrence of crime." The Law on the Prevention of the Occurrence of Crime adopted in 2015 (1394 AH), however, with a criticizable approach, without providing a separate definition of the aforementioned prevention, has attempted to reflect all types of prevention with this incomplete statement: "Prevention of the occurrence of crime means predicting, identifying, and assessing the risk of the occurrence of crime and adopting necessary measures and actions to eliminate or reduce it." Volume 18, Issue 1, Spring 2026       Conclusion  Each of the clauses of the Third Principle of the Constitution, by providing non-penal mechanisms for crime prevention in the social sphere, can and should inspire the welfare state in providing the basic needs of the masses. So much so that by improving public services in light of well-considered policies based on planning, organizing, coordination, and sustainable control, it can play a significant role in the realization of educational, economic, social, and political justice, and consequently, the reduction of the grounds for corruption and ruin. https://jls.shirazu.ac.ir/article_8358.html With the expansion of the digital space and the increasing role of the internet in facilitating communication and content dissemination, terrorist groups are increasingly using this platform to promote, recruit, and organize their activities. In response to these threats, the European Union has adopted Regulation 784/2021, which aims to effectively address the spread of terrorist content online. According to this regulation, hosting service providers are required to remove terrorist content from their platforms within a short period (maximum one hour), creating an unprecedented transnational legal framework to control the digital space. Therefore, the aim of this article is to explore the human rights challenges arising from the implementation of Regulation 784/2021 in the context of online terrorist content. The article seeks to answer the question, “To what extent is the EU's anti-terrorism legal regime capable of addressing the spread of terrorist content online while respecting human rights?” Using a descriptive-analytical method, the article analyzes these challenges and emphasizes that the findings indicate that while Regulation 784/2021 is an important step in combating online terrorism, it is essential to strike a balance between public security and fundamental individual rights in order to prevent unjustified violations of personal rights. https://jls.shirazu.ac.ir/article_8572.html Introduction This study examines the administrative legal challenges surrounding the revocation of screening permits for two Iranian films, "Santouri" (2009) and "Rastakhiz" (2012), despite prior official approval from the Ministry of Culture. Both cases highlight systemic conflicts within Iran’s cinema regulatory framework, particularly the tension between artistic expression and state-imposed "cultural and political necessities." The analysis focuses on the role of the Administrative Justice Court as the primary judicial body addressing such disputes and explores the legal concepts of "legitimate expectation" and "vested rights" within Iranian administrative law. An In-Depth Analysis of the Administrative Court's Rulings on the Ban … Methods This research employs a case study approach, analyzing the legal texts of the Administrative Justice Court’s rulings for "Santouri" and "Rastakhiz," alongside relevant regulatory frameworks, including the 1982 Film Screening Supervision Regulations and its 1985 amendment (Article 4). The methodology includes comparative legal analysis of the two cases under different versions of the Court’s procedural laws (2005 vs. 2012 statutes). The study also considers the socio-political context of artistic censorship in Iran and its impact on judicial outcomes.   Findings The findings reveal critical flaws in Iran’s cinema law, particularly the arbitrary power granted to the Head of the Cinema Organization under Article 4 to revoke screening permits based on vague "cultural and political necessities." This provision violates core administrative law principles, including legality, procedural transparency, and the requirement for reasoned decisions. The Court’s rulings diverged significantly: For Santouri, the Court rejected the challenge to the revocation but acknowledged the claim for damages, implicitly recognizing a "vested right" under the 2005 statute. For Rastakhiz, the Court only confirmed the occurrence of a violation by the administration (under the 2012 statute) but did not award damages. Despite these rulings, neither film was fully restored to public screening. The study also notes the judiciary’s reluctance to fully embrace "legitimate expectation" as a legal principle, opting instead for narrower interpretations of "vested rights." The research further highlights the chilling effect of regulatory ambiguity on filmmakers, who often avoid litigation due to fears of bureaucratic retaliation and prolonged delays. Furthermore, the analysis demonstrates that the current legal interpretation fails to adequately distinguish between the 'suspension' and 'permanent revocation' of permits, leaving producers in a state of perpetual uncertainty. While the Ministry’s issuance of a production license should theoretically generate a legitimate expectation of screening, the invocation of Article 4 effectively nullifies this security. The study argues that by awarding damages in the Santouri case rather than enforcing the permit's validity, the judiciary inadvertently validated the executive branch's overreach. This approach transforms the fundamental right of free expression into a transactional liability, effectively allowing the state to pay for the suppression of artistic content and discouraging private investment due to unmitigated regulatory risks. Volume 18, Issue 1, Spring 2026   Conclusion The cases of Santouri and Rastakhiz underscore the systemic vulnerabilities in Iran’s cinema law, where broad discretionary powers enable arbitrary censorship. While the Administrative Justice Court provided partial relief by acknowledging violations and, in one case, damages, its rulings failed to fully uphold filmmakers' "legitimate expectations" or challenge the constitutionality of Article 4. The study concludes that without substantive legal reforms—including clearer criteria for permit revocation and stronger judicial protection of creative rights—administrative arbitrariness will continue to stifle artistic expression. Ultimately, the fate of these films reflects broader tensions between law, state power, and art in Iran. An In-Depth Analysis of the Administrative Court's Rulings on the Ban …   https://jls.shirazu.ac.ir/article_8411.html The Productive Credit Certificates (PCCs), known as “GAM” in Persian, were introduced in 2019 by a resolution of the Money and Credit Council to expand financing instruments for the production supply chain. These certificates are issued against a real and existing debt owed by the debtor to the applicant, with a financial institution acting as both agent and guarantor, undertaking payment at maturity. PCCs can be held until maturity, transferred along the supply chain, or traded on the capital market by the beneficiary. This study examines the legal nature of PCCs and the obligations of the parties involved, using a descriptive-analytical method. The Central Bank of Iran’s standardized “Agency and Guarantee Agreement” relies on Article 10 of the Civil Code; however, the concept of guarantee within this framework remains ambiguous, and existing interpretations fail to address its complexities. By analyzing the Central Bank’s directives and underlying legal principles, this paper argues that the notion of a “commitment to payment” better explains the legal nature of this guarantee type. It also justifies off-balance-sheet registration of PCCs and the principle that defenses arising from underlying contractual relationships cannot be raised against the holder. Determining the legal nature allows precise identification of governing rules, including registration of issuance and transfer in designated systems, the obligor’s payment obligation at maturity, compliance with statutory transfer restrictions, and mandatory cash sale of certificates. These findings resolve substantive and procedural ambiguities and strengthen legal and regulatory frameworks, thereby enhancing transparency and predictability in practice. https://jls.shirazu.ac.ir/article_8615.html Introduction Developments arising from the twelve‑day war between Iran and Israel in 2025 once again highlighted the issue of the use of force and the conditions for invoking self‑defense in international law. One of the key elements in assessing the legality of self‑defense is the criterion of “immediacy,” traditionally understood as the need for a prompt response to an armed attack. However, the emergence of modern threats such as hybrid warfare, cyber operations, and data‑driven security environments has challenged the classical understanding of this requirement. In many contemporary situations, threats develop gradually through multiple indicators, making it more difficult to determine when the threshold of an armed attack has been crossed. At the same time, advances in artificial intelligence enable the rapid The Twelve-Day Iran-Israel War and Reconsidering the Criterion of Immediacy … analysis of large volumes of intelligence and security data. Accordingly, this study aims to reconsider the concept of immediacy in contemporary international law and to examine the capacities and limitations of artificial intelligence in assessing imminent threats, using the twelve‑day war between Iran and Israel as a case study.   Methods This study adopts an analytical‑exploratory approach with an interdisciplinary perspective. It first examines the legal foundations of the requirement of immediacy within the framework of Article 51 of the United Nations Charter and the principles of necessity and proportionality. It then analyzes transformations in the nature of contemporary threats, particularly hybrid warfare and cyber operations. The research is based on the analysis of legal sources and scholarly literature, alongside a qualitative case study of the twelve‑day war between Iran and Israel in order to assess the role of data‑driven analysis and artificial intelligence technologies in evaluating threats and supporting decisions related to self‑defense.   Results and Discussion The findings indicate that the traditional understanding of immediacy as a strictly instantaneous response to an armed attack is increasingly inadequate in contemporary conflict environments. In the case of the twelve‑day war between Iran and Israel, the evaluation of potential self‑defense situations was not limited to a single overt military act but rather involved the interpretation of a complex set of intelligence indicators, security assessments, cyber activities, and patterns of hostile conduct. This suggests that determining whether the threshold of an armed attack has been reached often requires the simultaneous analysis of diverse and rapidly evolving sources of information. Artificial intelligence technologies can assist in this process by enabling the rapid processing and analysis of large volumes of military, intelligence, and security data. Through pattern recognition, predictive analytics, and large‑scale data processing, AI systems can help identify emerging threats and generate real‑time assessments that support decision‑makers in evaluating the immediacy of potential attacks. Nevertheless, the study also demonstrates that the assessment of immediacy retains both objective and subjective dimensions. The objective dimension relates to the existence of verifiable evidence indicating an imminent threat, while the subjective dimension concerns the perception and judgment of the state facing that threat at the moment of decision‑making. AI technologies can strengthen the objective dimension by providing comprehensive data analysis and improving situational awareness. However, the legality of invoking self‑defense ultimately requires normative interpretation, legal reasoning, and the evaluation of principles such as necessity and proportionality. For this reason, decisions concerning the use of force cannot be delegated entirely to algorithmic systems. Instead, artificial intelligence should function as a supportive analytical tool that enhances the informational basis of decision‑making without replacing human legal judgment. The findings further suggest that the integration of artificial intelligence into assessments of immediacy must be accompanied by appropriate legal and institutional safeguards. These safeguards include effective human oversight over AI‑assisted analytical processes, transparency regarding the algorithms and datasets used in threat analysis, mechanisms to detect and mitigate algorithmic bias, and the preservation of state accountability for decisions taken on the basis of technological assessments. Without such safeguards, excessive reliance on AI may lead to inaccurate threat evaluations and potentially encourage overly broad interpretations of the right of self‑defense. Volume 18, Issue 1, Spring 2026       Conclusion The study concludes that revisiting the requirement of immediacy in contemporary international law requires a careful balance between technological innovation and the normative framework governing the use of force. Artificial intelligence can enhance states’ analytical capacity to detect emerging threats and support more timely assessments of potential attacks. However, its use must remain subject to human legal judgment, transparency, and accountability in order to ensure that technological tools complement rather than undermine the fundamental principles of international law. https://jls.shirazu.ac.ir/article_8434.html With the expansion of digital commercial platforms and their increasing role in the emergence of new forms of cybercrime, assessing and revising Iran's criminal policy toward this phenomenon has become an undeniable necessity. This study, using a descriptive-analytical method, examines Iran's legislative criminal policy regarding criminal activities conducted through information technology platforms. In this regard, the most relevant legal regulations—including the Computer Crimes Act, the Electronic Commerce Act, the Crime Prevention Act, and other specific laws—are analyzed. The findings indicate that Iran’s criminal policy in response to this type of criminality lacks coherence, modernity, and effectiveness. Key shortcomings include weak risk identification, absence of intelligent preventive measures, lack of regulations governing the criminal liability of platforms, and institutional fragmentation. Consequently, the study emphasizes the need to design an effective preventive criminal policy focused on soft regulation, platform accountability, the use of modern technologies, and public participation in order to prevent the proliferation of platform-based crime and the erosion of public trust. https://jls.shirazu.ac.ir/article_8436.html Environmental disasters have increasingly emerged as one of the major global challenges, and this has led to a great deal of attention being paid to the impacts and consequences of these disasters beyond national borders. In the current era, understanding and analyzing the relationship between the environment and international law has gained particular importance, especially in the context of third-party state intervention in environmental crises and disasters. Such a situation creates a need to examine the conditions for legal intervention by states in response to environmental disasters. The aim of the present study, which is expressed in a descriptive-analytical manner, is to examine the conditions and legal frameworks in which states can intervene in response to environmental disasters in another country without the use of force. Given the various aspects of environmental disasters and their transnational impacts, the concept of common concern of humanity and the principle of do no harm are examined as key tools for addressing these challenges. The findings of the study show that the principle of do no harm and the concept of common concern of humanity can actually lead to a reduction in the scope of exclusive jurisdiction of states. The reduction of jurisdiction, especially in situations where environmental disasters have transboundary and threatening consequences, allows states to intervene in response to these situations. Based on these results, the actions of states in response to environmental disasters can be legitimate under the principle of non-intervention and will be justified not only from moral but also. https://jls.shirazu.ac.ir/article_8475.html Today, artificial intelligence (AI) recommender systems are recognized as key tools in e-commerce, digital content delivery, and social media platforms. These systems analyze user behavior and process personal data to provide personalized recommendations, enhancing user experience while increasing organizational profitability. However, the widespread use of AI in recommendation processes raises significant legal and ethical challenges, highlighting the need for accountability and compliance with data protection regulations, particularly the GDPR. Among these challenges is the principle of algorithmic discrimination, which emphasizes the prevention of unfair and biased decisions in automated systems. This study, employing a descriptive-analytical method, examines the implications of data collection and analysis, behavioral profiling, and precise targeting of recommendations, analyzing issues such as privacy violations and insufficient transparency in automated decisions. The aim of the article is to propose legal solutions and accountability strategies to enhance transparency, fairness, and protection of users’ rights in AI recommender systems...... .. https://jls.shirazu.ac.ir/article_8576.html What is clear is that, given the transnational nature of arbitration, the legal rules and regulations in the field of international commercial arbitration must be regulated in a way. However, there seems to be an obvious conflict in Article 31 of the new Arbitration Rules of the Iranian Chamber of Commerce. In this regard, in the case of “no choice of applicable law on contract”, Note 2 of Article 31 of the new Arbitration Rules of the Iranian Chamber of Commerce, contrary to Note 1 thereof, obliges arbitrators to apply “legal” measures that they have deemed appropriate based on the “rules of conflict of laws”. The absence of the phrase "legal rules", which is used in Note 1 of the aforementioned article next to the word "law" in these regulations, basically means that in the event of failure to select the applicable law on contract, arbitrators are not allowed to administer the contract based on Lex Mercatoria as a clear example of transnational legal rules, whereas, contrary to the position of the Iranian legislator, at the international level, case law in international commercial arbitration, Therefore, in response to the research question of why direct reliance on Lex Mercatoria is not permitted in the absence of a choice of applicable law on contract, the findings of this research show that in such a situation, Lex Mercatoria can be considered the most appropriate option for governing international commercial contracts. https://jls.shirazu.ac.ir/article_8577.html Debates about the effects of investment liberalization have intensified with the rapid growth of the international investment regime, in view of this, there is a fear that the investment protection regime, as a key driver of economic growth and development of countries, may undermine the sovereign right of the host state to regulate in the public interest, including sustainable development. The evolution of international investment arbitration law also shows that the fair and equitable treatment standard has become the main tool for foreign investors to file claims against host countries. Therefore, analyzing how the "fair and equitable treatment standard" and "sustainable development" interact and interact with each other plays a fundamental role in the conceptual foundation of this standard. The purpose of this research is to examine aspects of sustainable development as a criterion in interpreting the fair and equitable treatment standard in international investment arbitrations. The question that this research seeks to answer is how the analytical paradigm of arbitral tribunals regarding the interaction between the standard of fair and equitable treatment and sustainable development is formulated and applied.For thispurpose, an analysis of investment arbitration decisions related to sustainable development concerns and what was in line with the assessment of this issue has been carried out.This article concludes with the view that the breadth and at the same time flexibility of the conceptual structure of the fair and equitable treatment standard apparently provides sufficient opportunity to adopt a comprehensive approach in balancing the interests of investors and host countries. https://jls.shirazu.ac.ir/article_8579.html The transfer of the right of action is one of the manifestations of the transformation in the concept of property and the influence of financial rights in judicial relations, in such a way that the right to file a lawsuit is no longer merely a means of defending personal interests, , this institution remained as a limited and non-military exception and could only be interpreted in the form of transferor or succession of creditors. But with the revision of laws and the development of judicial analysis, the transfer of litigation rights was accepted as an independent institution; An institution that established a systematic balance between fundamental principles such as the freedom of contracts and the relativity of its effects. The basis of the acceptance of this institution in the French legislative policy was not merely the satisfaction of contracts, but its economic function in accelerating the collection of claims and reducing the delay of proceedings. In Iran's legal system, although an independent title for the transfer of litigation rights is not foreseen in the civil laws and procedure, The present study, with a comparative approach and descriptive-analytical method, while explaining the theoretical foundations of this institution in French law and its adaptation to Iranian law, shows that accepting the transfer of litigation rights is not only in conflict with the fundamental principles of contract law, but also strengthens judicial security, economic order and the realization of justice in fulfilling the rights of individuals. https://jls.shirazu.ac.ir/article_8598.html The issue of allocating repair and maintenance responsibilities for the leased property, particularly minor repairs, is a critical legal and practical challenge in tenancy relations, impacting economic stability and judicial predictability. This descriptive-analytical research examines the legal bases and instances of minor repair liability in Iranian law, French law, and Imami jurisprudence to clarify which party bears this responsibility under Iran's current legislation. Findings indicate that the Iranian Civil Code (Art. 486) and jurisprudential principles—such as the non-liability of the tenant for ordinary usage costs, the lessor's obligation for continuous provision of full usufruct, the fiduciary nature of the tenant’s possession, the rule of Man Lahul Ghurm Fa-Alayhil Ghurm, and the necessity of avoiding Gharar (risk/uncertainty)—all imply that, absent explicit agreement or specific custom, all repairs (major and minor), unless resulting from the tenant's transgression or negligence, are the lessor's responsibility. While the 1977 Landlord and Tenant Relations Act assigned minor repairs to the tenant, this rule is not generalizable to current relations governed by the 1997 Act and the Civil Code. In contrast, French law (the 1989 Law and the 1987 Decree), by precisely enumerating the instances, places minor repair responsibility on the tenant based on damages from normal use, routine maintenance, and practical considerations. This article argues that Iran's current judicial practice, which holds the tenant responsible for minor repairs, requires reconsideration and proposes solutions like the tenant performing repairs at the lessor's expense. This analysis will contribute to increased legal clarity and reduced disputes. https://jls.shirazu.ac.ir/article_8611.html Parallel litigation in international disputes occurs when identical or related cases are filed simultaneously in the courts of two or more countries. According to Article 971 of the 1928 Iranian Civil Code, Iranian courts are obligated not to decline jurisdiction even if the same case has already been filed and is being heard in a foreign court, and they must not relinquish their jurisdiction in favor of foreign courts. Studying the Iranian legislator’s approach to parallel litigation requires a thorough and comprehensive analysis of its various aspects. This study, employing a descriptive-analytical method, explains the definition of parallel litigation, its different types, conditions for occurrence, reasons, as well as its undesirable effects. Subsequently, the current stance of the Iranian legislator regarding parallel litigation is examined in detail. To that end, the paper highlights the consequences of this restrictive approach and the potential negative outcomes in practice, raising the important question of whether the legislator needs to reconsider and amend this approach. https://jls.shirazu.ac.ir/article_8618.html Despite its fundamental importance in the philosophy of criminal law, the harm principle has received less attention compared to the offense principle and has not been comprehensively examined in domestic and international legal literature. This article aims to clarify the concept and position of the offense principle as a basis for criminalization by analyzing and critiquing the theories of scholars such as Feinberg, von Hirsch, Simester, and others. Furthermore, through a comparative approach and analysis of legal examples, the role of this principle within Iran’s criminal justice system is evaluated, exploring both the potential and the limitations of its application in the country’s criminal policy. The findings indicate that, due to theoretical neglect and multiple limitations, the offense principle has often been marginalized in Iran and is rarely recognized as an independent foundation for criminalization. However, the analysis of legal provisions reveals that there are theoretical and practical grounds for expanding its use within the Iranian criminal justice framework. In conclusion, the study offers recommendations for reforming criminal law and policy based on the offense principle to better prevent harmful and disruptive behaviors. https://jls.shirazu.ac.ir/article_8619.html Risk-based justice theory in combating administrative corruption relies on calculability and efficiency indicators, focusing on enhancing productivity and reducing the operational costs of the criminal justice system. The enactment of the Administrative Health Promotion and Anti-Corruption Law in 2011 demonstrates the legislature’s recognition of the serious threat posed by financial and administrative corruption to the social and political system. Legally, provisions such as Article 3 of the 2011 law and its 2020 amendments emphasize transparency in financial and administrative processes, providing a solid foundation for implementing risk-based justice. This law, by stressing situational prevention of administrative and financial offenses, manifests the practical application of managerial criminology. However, operational challenges, such as discretionary interpretation of the law and lack of effective oversight, have reduced public trust and increased bureaucratic complexity. This study employs a library-based method and descriptive-analytical approach to examine the concept of risk-based justice and its functional role in preventing administrative corruption in Iran. Findings indicate that without localization and integration with cultural and social contexts, risk-based justice alone cannot effectively reduce administrative corruption. Strengthening the coherence between legal indicators, executive frameworks, and redefining justice criteria enhances its effectiveness in preventing administrative corruption. https://jls.shirazu.ac.ir/article_8668.html Smart contracts, as an emerging phenomenon in the field of contract law, are characterized by automatic execution and non-revocability. Nevertheless, disputes arising from such contracts remain a realistic possibility. In response, various platforms have been developed to resolve smart-contract disputes, and the procedures used in these systems have come to be known as "blockchain arbitration". However, the enforceability of arbitral awards issued through these platforms before national courts under New York Convention remains a matter of serious consideration. With the aim of analyzing these challenges, this article first defines smart contracts and their key features, then examines the dispute-resolution and arbitration mechanisms applicable to them. Finally, by referring to fundamental principles of arbitration - such as the independence and impartiality of arbitrators and the principle of equity - as well as the criteria set forth in the New York Convention, including the territorial requirement for an award, and the requirement that both the arbitration agreement and the award be in written form, the article identifies and explains the general challenges of blockchain arbitration and specific challenges involved in recognizing and enforcing arbitral awards rendered through this form of arbitration. https://jls.shirazu.ac.ir/article_8620.html The four principles of medical ethics which include autonomy, beneficence, non-maleficence, and justice, are the cornerstone of the behavior of medical professionals in the field of treatment.In times of armed conflict, the application of these principles becomes more sensitive, Because in war, the situation is more complicated and Decision-making becomes more difficult for doctors and medical personnel due to political pressures, lack of resources, etc. The present study was written with the aim of explaining the position and binding nature of the medical ethics principles within the framework of the humanitarian law ; Using a descriptive-analytical method and utilizing library resources, international documents, judicial practice, and partly ,interpretations of the International Committee of the Red Cross, it examines the position of the mentioned principles in international humanitarian law. The results show ,that these principles are reflected in binding and soft documents in this field ,explicitly and implicitly, and judicial practice also shows that the violation of medical ethics Principles can be accompanied by legal consequences. The findings indicate that the principles of medical ethics have gone beyond the level of moral recommendations and have been institutionalized in the international legal system as binding norms that are aligned with the fundamental goals and principles of humanitarian law, namely humanity, impartiality, independence and non-discrimination, and their observance is mandatory for medical staff in situations of armed conflict. https://jls.shirazu.ac.ir/article_8630.html The Business Judgment Rule, as one of the fundamental principles of corporate law, plays a significant role in protecting managers during the process of making business decisions. This rule, aimed at reducing unnecessary judicial intervention and creating an environment conducive to managerial risk-taking, has been applied in various legal systems. However, the asymmetric application of this rule in companies with ownership structures comprising controlling and minority shareholders poses serious challenges to the rights of minority shareholders. This situation leads to reduced judicial protection for minorities, increased risks of self-dealing and managerial abuses, and weakens transparency and oversight. The present study analyzes the historical background, elements, and reasons for the adoption of the Business Judgment Rule, the harms resulting from its asymmetric application, and its impact on minority shareholders’ rights. The findings indicate that to maintain a balance between protecting managers and safeguarding minority rights, it is necessary to strengthen transparency, enforce stricter standards in cases of conflicts of interest, establish independent supervisory bodies, and expand shareholder exit rights. These measures can improve corporate governance and enhance the trust of minority shareholders. https://jls.shirazu.ac.ir/article_8631.html This Article Reconstructs Richard Rorty’s Democratic Outlook as an Integrated Constellation of Dialogue, Irony, and Solidarity. The Central Problem is How Political legitimacy and Social Cohesion can be Sustained Once Foundationalism and Timeless Standards of Truth are Rejected. Using a Descriptive–Analytical, Documentary Method, the Study First Examines Rorty’s Critique of Representationalism and his linguistic Turn, and then Traces their Implications for Ethics and Public law. The Findings Suggest that, in a Rortyan Framework, Truth is Displaced from Correspondence with Reality to Justification Within free Conversation; Irony—Understood as Awareness of the Historical Contingency of one’s “Final Vocabularies”—Supports Epistemic Humility and Social Tolerance; and Solidarity Functions as the Cultural Adhesive of Pluralistic Societies, Replacing the Foundation-Building Role Formerly Assigned to “Truth.” The Article Concludes that Rorty Offers less a Closed Institutional Blueprint than a Practical Criterion for Evaluating Democracy: the Degree of Dialogic Openness and Revisability. Accordingly, Democratic Stability Depends on Institutional Guarantees that Keep Conversation Viable, Especially Free Expression, Accountability, and Genuine Possibilities for Revision.Keywords: Democracy, Dialogue, Irony, Rorty, Solidarity. https://jls.shirazu.ac.ir/article_8648.html Deepfake technology, by collapsing the boundaries between truth and fabrication, confronts the legal system with a crisis in evidentiary authentication and the inefficacy of identifying anonymous perpetrators. The purpose of this study is to analyze the capacity of Iranian law to address these challenges and propose a new liability framework. The central question investigates how Islamic jurisprudential principles and comparative models can be employed to resolve the evidentiary obstacles and liability attribution issues regarding deepfakes. Adopting an analytical-comparative methodology , the article argues that deepfakes constitute "digital identity usurpation" rather than mere defamation, necessitating a shift from individual to systemic liability. The findings indicate that the traditional "fault-based" paradigm is insufficient due to the "Liar’s Dividend" phenomenon and the anonymity of users. Consequently, by applying the Islamic rules of Tasbib (Causation—specifically where the cause is stronger than the agent) and La Zarar (No Harm), the study concludes that digital platforms, as creators of risk and economic beneficiaries, must be held liable. Furthermore, to overcome evidentiary challenges and guarantee practical redress, “shifting the burden of proof in doubtful cases,” mandating platforms to “detect and label AI-generated content,” and establishing “cyber victim compensation funds” are essential for safeguarding justice in the AI era. https://jls.shirazu.ac.ir/article_8655.html In recent years, the unregulated foreign exchange market has become one of the most significant economic and security challenges in Iran. Despite the adoption of multiple regulations to organize this market, a considerable portion of currency transactions still occurs within the shadow economy, making it difficult to control exchange rates in the official market. This situation highlights the necessity of rethinking the criminal policy governing the foreign exchange sector. This study, using a descriptive–analytical method, examines the structural, institutional, and legislative challenges of Iran’s criminal policy in managing the unregulated foreign exchange market and proposes a conceptual model to enhance its effectiveness in controlling currency-related crimes. The findings indicate that the existing problem is not merely due to legal gaps or weak enforcement but stems from a lack of coordination among economic policymaking, institutional regulation, and penal intervention. The predominance of a repressive approach, combined with price gaps and conflicting policy signals, has reinforced criminogenic conditions and expanded the informal market. Accordingly, the study proposes an “Integrated Conceptual Model of Criminal Policy in the Foreign Exchange Market,” based on three pillars: reforming economic structures that generate deviant incentives, strengthening coordinated and data-driven regulation, and implementing targeted and minimal penal intervention. Within this framework, criminal responses complement the regulatory system, and by reducing structural rents and enhancing intelligent detection, the effectiveness of criminal policy in stabilizing the official market is increased. https://jls.shirazu.ac.ir/article_8665.html This article challenges the conventional dichotomy between annulment and nullification in Iranian legal doctrine and judicial practice. It questions the widely held assumption that annulment pertains only to official documents and nullification only to private ones. Based entirely on a detailed analysis of Iranian statutory provisions and judicial rulings, the research establishes that both remedies may apply to either type of document, depending on the nature of the legal defect involved. The annulment of a document does not imply that it was inherently void; rather, it addresses cases where a document, once apparently valid, is later declared ineffective through judicial action. In contrast, nullification arises in documents that, from inception, suffer from essential legal flaws such as forgery, mistake, coercion, or lack of legal capacity. This research introduces a novel classification of legal defects based not on the formal type of document but on substantive criteria derived from judicial reasoning. By separating the structural and procedural foundations of both actions, the study offers a new legal lens to more accurately navigate document-related disputes in Iranian civil law. https://jls.shirazu.ac.ir/article_8687.html Abstract The expansion of multinational corporate activity in conflict-affected areas, coupled with the role of extractive economies and natural resource trade in financing armed violence, has brought corporate accountability to the forefront of contemporary international criminal law debates. Nevertheless, under the Rome Statute the International Criminal Court lacks jurisdiction over legal persons, and its regime of criminal responsibility remains fundamentally individual-centered. Employing a doctrinal and interpretive approach, this article examines the Court’s jurisdictional framework and core principles of international criminal law in order to assess the extent to which corporate-related conduct may fall within the ICC’s reach. The analysis demonstrates that any attempt to attribute direct criminal responsibility to corporations conflicts with the Statute’s express limitation of personal jurisdiction and with the principle of legality (nullum crimen, nulla poena sine lege), including the requirement of strict construction in criminal matters. At the same time, the article argues that a careful engagement with modes of liability under Article 25(3) of the Rome Statute particularly aiding and abetting and contribution to a common purpose can provide a viable pathway for assessing the criminal responsibility of corporate executives and decision-makers, even in the absence of their physical presence at the crime scene. The article concludes that narrowing the accountability gap requires reliance on individual criminal responsibility alongside complementary domestic and international mechanisms. https://jls.shirazu.ac.ir/article_8691.html The escalation of freshwater scarcity, driven by climate change and unsustainable consumption, has transformed transboundary river basins into critical flashpoints for 21st-century geopolitical tension. Traditional state-centric approaches, often predicated on zero-sum power dynamics, have largely failed to resolve these complex hydro-political challenges. This study investigates the structural transformation of global water governance, positing that a synergistic alignment between Regional Organizations (ROs) and South-South Cooperation (SSC) is essential for transcending zero-sum hydro-politics. By synthesizing neoliberal institutionalism with critical hydro-political theory, the research conceptualizes a dual-track framework: ROs function as the institutional architecture, establishing the requisite legal legitimacy and dispute resolution regimes, while SSC operates as the normative engine, driving the diffusion of context-specific technical knowledge and alternative financing models independent of Western conditionality. This article argues that integrating these mechanisms mitigates power asymmetries and facilitates a transition from the logic of resource division to a paradigm of benefit-sharing, ultimately offering a viable pathway toward desecuritization and shared water security in the Global South.Through an analysis of legal frameworks (including the 1997 UN Watercourses Convention) and case studies such as the Mekong River Commission and the Nile Basin Initiative, the research demonstrates that integrating ROs and SSC can mitigate power asymmetries. This integration facilitates a transition from a logic of water division to benefit sharing. The findings suggest that while hegemonic behaviors remain a constraint, the institutionalization of South-South solidarity within regional bodies offers a viable pathway toward hydro-political stability and shared water security in the Global South. https://jls.shirazu.ac.ir/article_8695.html Streaming technology enables the online transmission of audio-visual content without requiring the download or storage of a copy on the user’s device. However, the proliferation of this technology, while increasing legal access, has also spurred a critical surge in illegal uses, foregrounding the issue of creators’ rights infringement. This study addresses the central research question: which legal rules govern the protection of creators’ rights in streaming platforms, and what are the minimum standards of protection? To answer this, the research adopts a descriptive-analytical method alongside a comparative study of the legal systems in the European Union (EU), the United States (US), and Iran. The key conclusion is that creators’ rights in streaming services are protected under the Right of Communication to the Public. Due to its on-demand and user-initiated nature, this right is fundamentally distinguished from the right of reproduction and traditional broadcasting. This view is affirmed by significant rulings from the CJEU and the US Supreme Court. In Iran, the Law for the Protection of Authors, Composers, and Artists (1970) recognizes this right. Additionally, the E-Commerce Law (2004) supports the author’s exclusive rights, including reproduction, distribution, public performances, and the moral rights of integrity and attribution, within the framework of electronic transactions. The research outcome indicates that effective protection is possible under Iranian law. Nevertheless, to enhance its efficacy, the nature of streaming transmission and its demarcation from permanent reproduction and independent signaling must be addressed more precisely in legal interpretation, literature, and legislative policy.