Legal Studies in Digital Age

According to international law, peoples possess the right to self-determination, which entitles them to freely determine their political status and to pursue their economic, social, and cultural development. However, the legal institutionalization and international legislation of this value became manifest after World War I and in the Treaty of Versailles. At the same time, the implementation of this right continues to face obstacles and limitations, such as the preservation of the territorial integrity of states, the principle of non-intervention in the internal affairs of states, the prohibition of secessionism, and above all, the maintenance of international peace and security. On the other hand, the growing emphasis on human rights and their universality has led to major transformations in the domain of the concept and implementation of this right, resulting in tensions between human rights and state sovereignty. Since the 1970s, the right to self-determination has increasingly come to embody the notion of democratic governance, the observance of human rights, and the protection of minority rights. The primary objective of this article is to explore the conceptual transformations, implications, and requirements of the right to self-determination, from independence to democracy, drawing upon the most recent studies in this field.

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).

In contemporary legal literature, rights categorized as human labor rights are gaining increasing significance. However, there are also objections, primarily based on the foundations of such rights, to classifying these rights as human rights. The approach of the present article is grounded in the premise that workers possess human dignity by virtue of being human and, therefore, should enjoy certain rights in the workplace or in relation to work that either stem from or protect their human dignity. Accordingly, labor-related rights are inseparably linked to human rights, as both originate from human dignity.

The resolution of disputes and the imposition of punishment are judicial matters exclusively within the jurisdiction of the judiciary. Following the issuance of a verdict, the execution of the criminal sentence takes place, which is distinct from the adjudication itself. Given that adjudication appears to be confined to resolving disputes and issuing judgments, there is a debate regarding whether the nature of sentence execution is administrative or judicial. This study, using a descriptive-analytical method and relying on library sources, seeks to answer the question: Is the execution of criminal sentences judicial or administrative in nature? And what are the consequences of this classification? The research findings indicate that, in addition to some jurisprudential perspectives defining adjudication as the establishment and enforcement of rights, the logical value of a judge’s decision lies in resolving disputes, which is inherently contingent upon enforcement and execution. Therefore, execution is an integral part of adjudication, as the enforcement of a ruling gives meaning to the concept of dispute resolution. This is precisely why, in contrast to civil cases, the enforcement of punishment—even in offenses subject to private prosecution—does not require the victim’s consent for implementation. By accepting the judicial nature of sentence execution, the presence of a judge in the execution process, an organized and structured system for enforcement, and the application of fair trial principles—including judicial independence, legality, and judicial impartiality—at this stage become necessary.

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.