Legal Studies in Digital Age

It is often stated that globalization and state sovereignty are engaged in a zero-sum conflict. However, it must be emphasized that such an interpretation is merely superficial. The concept of globalization attracts significant attention precisely because the notion of sovereignty continues to maintain its intellectual and theoretical existence. According to this perspective, every conceptualization of globalization—even in its most abstract form—is inherently tied to the concept of sovereignty (Clark, 2003, pp. 171–172). Accordingly, it can be argued that the discourse between globalization and sovereignty is rooted in interaction. Nevertheless, while the sovereignty of states has, to some extent, been reinforced through a broader scope as a result of globalization, its fundamental components have simultaneously been questioned by the same process. Furthermore, the influence of globalization on transnational governance is a matter of considerable importance from the perspective of human advancement. As the development of the human sciences progresses and human societies increasingly gravitate toward globalization—and as this movement aligns with components of good governance such as justice and fairness—its expansion is becoming uncontrollable. The lack of a cohesive and meaningful connection between the disciplines of law and management has led to the emergence of certain unfavorable features in international domains and behavior. Although societal progress has alleviated this issue to some extent, there remains a considerable gap to achieving the desired position in the realm of international communication (distinct from diplomatic relations between states).

This study examines the nature of payments made by the Social Security Organization with a focus on preventive strategies and the experiences of Germany and France. The primary objective of the research is to analyze the nature of payments made by the Social Security Organization to insured individuals, particularly in cases of disability and the provision of medical services. This analysis is directed towards understanding the nature of welfare service provision, the prevention of harm, and the provision of medical services and support for disabled individuals. The findings of the study, which have been compiled and structured using a descriptive and analytical approach, indicate that in advanced social security systems such as those of Germany and France, social security not only focuses on compensating for the economic losses resulting from disability but also places special emphasis on preventive measures and occupational safety enhancement. These systems, through precise assessments, the provision of rehabilitation and educational services, and collaboration with various institutions, play a crucial role in reducing the occurrence of accidents and injuries. In Iran, although payments are primarily limited to compensating the economic losses of insured individuals, this research suggests that, given the experiences of the aforementioned countries, a preventive approach should also be adopted by the Social Security Organization. This approach could include enhancing occupational safety, implementing preventive education programs, and fostering intersectoral collaboration to reduce occupational accidents. Ultimately, this study demonstrates that Iran’s social security system, by drawing on the innovations of Germany and France, could not only strengthen financial support but also focus more on reducing harm and preventing occupational accidents.

Intentional crimes occur in two forms: intentional crimes against life, which result in the death of the victim, and intentional crimes below the threshold of life, which cause harm to a body part of the victim. The occurrence of crimes in societies fundamentally depends on the presence of underlying factors that facilitate criminal behavior. Therefore, the judicial system must identify the root causes of crime and take appropriate measures to address them. One of the significant causes of criminal behavior is the mental health issues of the perpetrator. Under Iranian law, an intentional crime is an offense committed by an adult, sane, and voluntary individual. The legislator has explicitly defined the concept of intent in the relevant provisions (Articles 289 and beyond) of the Islamic Penal Code, enacted in 2013, to determine the classification of intentional crimes. In Canadian law, under Section 229(a)(ii) of the Criminal Code, an intentional crime is defined as the deliberate intent to harm another person, with the perpetrator being aware that such actions are likely to result in death and displaying reckless disregard as to whether their actions lead to the killing of another human being. In intentional crimes against physical integrity, where direct harm is inflicted on individuals, the criminal lawsuit holds a private nature. In Iranian law, the primary punishment for intentional crimes is retribution (Qisas), whereas in Canada, which follows the common law system, life imprisonment is considered the principal punishment for such offenses. The research method employed in this article is descriptive and analytical. This study seeks to answer the question: What are the criminological foundations of intentional crimes in the criminal law of Iran and Canada? The objective of this research is to determine the criminological foundations of intentional crimes in the criminal law systems of Iran and Canada.

The emergence of computer and internet technology has not only revolutionized human life but has also facilitated the rise of cybercrimes, which pose a serious threat to critical infrastructures, particularly in the energy sector. These tools function both as instruments for committing crimes and as targets of such crimes. In Iran, the enactment of the Computer Crimes Act in 2009 aimed to establish a legal framework to combat these offenses. However, significant legal gaps remain in the domain of cybersecurity offenses. This study, employing a descriptive-analytical method, examines preventive strategies against cybercrimes targeting critical energy infrastructures and highlights the role of the Energy Police as a key actor in this field. Cybercrimes, due to the lack of necessity for the offender’s physical presence, have a higher likelihood of occurrence and recurrence and may acquire both domestic and international dimensions. Today, cyber warfare is an integral part of inter-state competition, and energy infrastructures, as the backbone of economic and security frameworks, constitute the primary targets of these crimes. Various factors, including political, military, economic, and cultural motives, contribute to the commission of these offenses. From a legal perspective, challenges such as legislative gaps, the absence of effective guarantees to prevent recidivism, and the lack of deterrence in certain penalties persist. The prevention of these crimes requires collaboration and coordination among various institutions at both criminal and non-criminal levels. In this regard, the Energy Police, as a specialized entity, can play a significant role in identifying, preventing, and countering cyber threats in the energy sector. Despite the enactment of the Crime Prevention Act in 2011, criticisms have been raised regarding its excessive generality and the lack of effective coordination among relevant institutions. Ensuring cybersecurity in energy infrastructures necessitates continuous and coordinated efforts across multiple levels.

This article aims to assess Iran’s criminal policy in addressing economic crimes and the strategies for overcoming the related crisis in Iran using a descriptive and analytical approach. Unfortunately, the lack of centralized statistics, coupled with the non-simultaneity of the occurrence and detection of these crimes, hinders the possibility of conducting a comprehensive assessment of criminal policy regarding this phenomenon. This limitation prevents a correct and complete analysis of crime trends and makes it impossible to provide a definitive opinion on the factors influencing the occurrence or detection of economic crimes. As a result, judgments are based on the available data within each sector, which is inevitably incomplete and incapable of offering a realistic depiction of economic crimes. The findings indicate that the existence of parallel organizations responsible for addressing economic crimes, including the General Inspection Organization, security departments of administrative institutions, the Ministry of Intelligence, and others, has led to a lack of coordination in the prediction, prevention, and detection of economic crimes. Some studies have pointed to the multiplicity of anti-crime organizations and their overlapping responsibilities. However, the issue has not been scientifically and systematically examined in research. Given the aforementioned considerations, it can be concluded that combating economic criminals and corrupt actors requires the enactment of new laws, the amendment and updating of certain outdated laws, the provision of a clear and comprehensive definition of economic crime, and the establishment of a unified and accountable structure with full legal authority. This structure should aim to eliminate organizational redundancy, prevent parallel operations among enforcement agencies, and enhance the role of criminal investigation police in combating economic crimes.

Today, information technology has made it possible for many commercial transactions, exchanges, and service provisions to be conducted via the Internet. The widespread nature of these transactional and commercial relationships among individuals within society and at the international level is sometimes accompanied by legal issues concerning the rules governing contractual relationships, including contract interpretation and the applicable legal framework. The electronic environment of the Internet is considered one of the most modern means for concluding contracts and fulfilling the obligations arising from them, particularly in the realm of commercial transactions. The nature of electronic contracts in terms of their validity, form, and conformity with the general rules and regulations of civil law concerning contracts is a subject of discussion, as understanding and analyzing the legal relationships and consequences arising from them depend on the structural characteristics of the electronic environment and the recognized concepts of communication technology in this field. In principle, electronic contracts do not have a fundamentally different nature from traditional contracts. However, the structural characteristics of the electronic environment have introduced new features and concepts into this type of contract. Given this aspect, it can be stated that the structural framework and technical characteristics of the electronic environment have brought about a modern and extensive transformation in various dimensions of contract law, which has the potential to influence the prevailing concepts regarding the methods of contract formation.

With the rapid expansion of the private space industry and the increasing utilization of space resources, international space law and national regulations play a crucial role in guiding and overseeing these developments. The United States and Luxembourg, as examples of states parties to the Outer Space Treaty, have structured their national space laws in a manner that primarily fosters bilateral and multilateral cooperation in the space sector rather than adhering strictly to the principles set forth in the 1967 Outer Space Treaty and the 1979 Moon Agreement, despite the fact that one of them is not a party to the latter. This article seeks to address the question of how national laws can influence the obligations and the spirit of international treaties concerning the exploitation of space resources. Furthermore, legal challenges, such as circumventing treaty obligations under the Outer Space Treaty and conflicts with the principle of space utilization for the benefit of humankind, are examined, particularly with regard to the U.S. Commercial Space Launch Competitiveness Act.

Within the framework of the governing system and structure of civil liability, a portion of liability imposition always occurs due to the occurrence of accidents and incidents. Specifically, this study focuses on civil liability arising from railway accidents. Fundamentally, the primary question and objective of this research, which has been conducted using a descriptive-analytical method, is to determine who bears civil liability in the event of an accident within the country's railway transportation network. In this regard, the findings of the study, based on an examination of domestic laws and regulations—such as the Civil Liability Act, the Free Access to the Railway Transport Network Act, the Amendment to the Road and Railway Safety Act, and the Executive Regulations of the Railway Accident Prevention Commissions—alongside international railway transport instruments, including the Convention concerning International Carriage by Rail (COTIF), the Convention on the Contract for the International Carriage of Goods by Road (CMR), the Agreement on the International Carriage of Passengers and Luggage, and the Agreement on the International Carriage of Goods by Rail, indicate that the civil liability system in railway accidents is justified based on the theories of risk and fault. Moreover, it is supported by jurisprudential principles such as the rule of La Zarar (no harm) and Itlaf (causation of damage) in domestic law. The elements of civil liability in railway accidents are established through the commission of an act leading to the railway accident, the occurrence of damage resulting from the accident, and ultimately, the causal relationship between the wrongful act and the inflicted harm. Depending on the circumstances, liability may be imposed on the government or the Ministry of Roads, private companies, the transportation operator, or the responsible individuals.