Good Governance and the Issue of Hirmand River Water Rights
The dispute over river water has always been a challenging issue worldwide and has occasionally resulted in litigation between states. At the same time, the concept of good governance has emerged, referring to principles such as transparency, participation, rule of law, and justice, which can potentially transform the long-standing disputes over the Hirmand River’s water rights into opportunities for cooperation. This study seeks to analyze the discourse of good governance and the issue of Hirmand River water rights. Findings indicate that resolving disputes over the Hirmand River’s water rights within the framework of good governance faces multiple challenges, some of which are rooted in historical, political, and structural issues. Such challenges include: lack of mutual trust between Iran and Afghanistan, weakness of joint monitoring institutions, climate change and reduction of water resources, political instability in Afghanistan, geopolitical interests of regional and transregional powers, limited participation of local communities, and finally, the outdated provisions of the 1973 treaty and their incompatibility with current conditions (such as demographic, environmental, and technological changes). Strengthening the rule of law through the revision and strict implementation of the 1973 treaty, along with the establishment of joint monitoring institutions, constitutes another step toward resolving this crisis. Meanwhile, institutional accountability to citizens and the international community, through supervision by organizations such as the United Nations, ensures the proper implementation of agreements. Although challenges such as political tensions and climate change remain, indirect diplomacy and investment in climate-adaptive projects can mitigate these obstacles. Ultimately, good governance, by transforming competition over water into cooperation, provides a model for the sustainable management of other shared border resources.
Nature, Conditions, and Legal Effects of Pre-Sale of Real Estate in Iranian and Canadian Law
Modern life in the present era, in the realm of contracts—as in many other fields—has led to numerous and complex phenomena. One manifestation of this is the phenomenon of construction and the pre-sale contracts associated with it. The sale of buildings, real estate, and apartment units before construction is one of the common challenges in today’s society, which depends on pre-sale or pre-construction contracts. The lengthy duration of construction projects and price fluctuations of building materials, particularly in light of current economic conditions, are among the major reasons for the expansion of pre-sale contracts in both Iran and Canada. This study, conducted using a descriptive-analytical method, aims to examine and identify the nature, conditions, and legal effects of pre-sale or pre-construction real estate contracts in Iranian and Canadian law. One of the findings of this research is that a pre-sale construction (real estate) contract, despite the absence of a sale at the time of its conclusion, can be considered equivalent to a sale. Compliance with the general conditions of transactions—namely, the intent and consent of the parties, their qualifications, the subject matter of the transaction, and the legality of the transaction—is essential.
Analysis and Examination of the Audience Democracy Theory in Modern Political Communication
The governance of the media, the media era, mediacracy, media democracy, impartial democracy, party democracy, long-distance democracy, and public relations democracy—despite the application of these terms—still reveal a shortage of specialized terminology for defining the position of the citizen and the audience in modern political communication. In other words, scholars of communication and media sciences must answer a fundamental question: despite the presence of the majority of citizens in the new media sphere, why is the level of influence and reception of their messages by politicians so low? Can today’s media democracy truly serve as the manifestation and expression of the real will of citizens, especially in instances of recourse to public opinion? In response to this question, the Franco-American scholar Bernard Manin proposed the theory of audience democracy in 1997. This article, employing a qualitative method and Ferdinand de Saussure’s semiotic approach, examines the theoretical foundations of this theory within the triangle of modern political communication and the discourse of neoliberalism. The preliminary contests of the 2016 U.S. elections and the emergence of the phenomenon known as “Donald Trump,” who, by directly engaging with citizens and his audience through the social network Twitter, won the election, can be cited as an empirical example of populism as the greatest challenge to audience democracy. Therefore, this article will also present certain viewpoints of the opponents of audience democracy and populism.
Public Law Challenges in Protecting Human Digital Rights in the Age of Artificial Intelligence
The increasing use of artificial intelligence and its application in various fields have created both opportunities and challenges, which also exist in the application of artificial intelligence in public law contexts. The sum of these opportunities and challenges can be studied as digital human rights in the field of public law. In a way, these rights define the operational framework of artificial intelligence in this field. In this regard, the opportunities created by artificial intelligence should first be examined as part of human digital rights. Then, the challenges arising from artificial intelligence should be analyzed and identified as among the negative rights against which humanity must be protected. In this regard, challenges such as algorithmic transparency, accountability, privacy, and jurisdiction issues are raised, and the need to strike a balance between this new tool and security and privacy is emphasized. This research aims to explore the concept of human digital rights in the context of artificial intelligence in public law and to examine how they can be effectively protected. In order to answer this question, this article, relying on a descriptive analytical method, first provides recommendations for policymakers, experts, and researchers, and tries to overcome the challenges in this field, including cybersecurity, privacy, and decision-making, which are considered among the most challenging concepts in public law, by proposing macro-policies. Therefore, by developing up-to-date laws and regulations that align with digital advances, we can reap the benefits of artificial intelligence in enhancing public rights.
Criminological and Legal Analysis of the Role of Sports in Preventing Violent Crimes
In recent decades, alongside the rise in violent crimes and the ineffectiveness of certain traditional punitive strategies, researchers and policymakers have increasingly turned their attention to multifaceted preventive approaches, including the use of sports as a social, psychological, and biological tool for crime prevention. The role of hormones and neurotransmitters in either stimulating or inhibiting aggression has been well established. For instance, a decrease in serotonin (5-HT) levels is associated with increased aggressive behaviors, whereas physical exercise, by enhancing serotonergic activity, can contribute to the reduction of such behaviors. This study adopts a descriptive-analytical approach and draws upon interdisciplinary theoretical literature to examine the criminological and legal analysis of the role of sports in preventing violent crimes. The findings indicate that the integration of neuroscience into criminal policy facilitates a paradigmatic shift from a punitive model to a neuro-reformative framework. Considering the confirmed moderating role of sports on neurobiological factors associated with violence—such as cortisol modulation, enhancement of prefrontal functioning, and improvement of synaptic plasticity—it is essential to design sports-based neuro-criminal policies at three levels: prevention, adjudication, and rehabilitation. This approach requires coordinated efforts among legal institutions (the judiciary), scientific bodies (neuroscience centers), and executive agencies (prisons and correctional facilities) to develop efficient and ethically grounded legal frameworks.
Comparison of the Foundations and Sources of the Islamic Human Rights School and Other Legal Schools
The life of the individual in today’s complex world is not feasible without the enjoyment of rights. In reality, the answers to many questions and ambiguities depend on the philosophical foundations that justify the existence of human rights. Human rights are not a collection of concepts, foundations, rules, and laws that exist independently of other areas of knowledge. These rights are epistemologically and logically subsequent to other bodies of knowledge. Among the types of knowledge that logically precede human rights are the foundations and sources from which rights are derived. Foundations are a set of principles and rules upon which human rights rely, such as principles related to justice, freedom, ownership, and human well-being. Sources, on the other hand, are the origins from which principles, rules, and rights are adopted, such as reason, revelation, custom, culture, history, and others. Those who engage in the codification of human rights draw upon the principles and sources accepted within their own intellectual framework. When these foundations, principles, and sources align and operate in harmony, a legal school emerges. This hidden yet compelling source of obligation is referred to as the "foundation of rights." One of the most complex issues in the philosophy of law is distinguishing this foundation. The central question arises: Why should these rights be obeyed? Each legal school has sought to answer this question from its own perspective. This article, through a descriptive-analytical method and utilizing library-based sources, explores the views of natural law theory, positivist law, Islamic law, and the perspectives of several scholars, comparing the foundations and sources of each school and thinker. The findings of this study indicate that the Islamic school occupies a significantly higher and superior level.
The Relationship Between Social Networks and Public Conscience in the Adoption of Populist Criminal Policy Toward Violent Crimes
This study examines the role and influence of public conscience in the adoption of populist penal policy in response to violent crimes as reflected on social networks. Public conscience, understood as the set of shared beliefs, values, and emotions within a society, has always played a critical role in shaping criminal laws and penal policies. With the advent of social networks, this role has become more pronounced, as public opinions and emotions are rapidly disseminated on a massive scale. In this context, violent crimes—which often receive extensive coverage on social media—draw particular attention. The dissemination of images and videos related to such crimes can intensify societal feelings of anger, fear, and insecurity. These emotions, in turn, may lead to increased public demand for harsher punishments and more stringent criminal policies. Populist penal policy, which seeks to satisfy public opinion by providing swift and decisive responses to crimes, may become particularly appealing under such circumstances. However, such policy-making may disregard the principles of criminal justice and human rights considerations, potentially resulting in violations of the rights of the accused and an escalation of societal violence. This study explores the concept of public conscience and the mechanisms through which it influences penal policy, as well as the role of social networks in amplifying public emotions and shaping punitive demands. Furthermore, it investigates the consequences of adopting populist penal policy in response to violent crimes on social networks, including the violation of defendants’ rights, the exacerbation of violence, and the erosion of public trust in the judicial system
Illegitimacy of Pharmaceutical Sanctions and the Responsibility of States
This article examines the illegitimacy of pharmaceutical sanctions within the framework of international law and Islamic principles, highlighting their detrimental impact on public health and human rights. It argues that such sanctions violate the fundamental right to health and contravene the ethical obligations of states under both international humanitarian law and Islamic teachings. Furthermore, the paper discusses the responsibility of states to ensure access to essential medicines, emphasizing that punitive measures should not undermine humanitarian needs. The analysis calls for a reevaluation of sanctions policies to align with global health standards and moral imperatives, advocating for accountability and justice.
Current Issue
Articles
-
Examining the Jurisdiction of Higher Administrative Authorities in Iran and Iraq’s Administrative Proceedings with Consideration of Administrative Justice
Tamarah Mohammed Abbas Abbas ; Mohammad Sharif Shahi * ; Jaafar Naser Abdulridha Alsoltani , Leila Raisi1-10 -
A Comparative Study of the Elements of the Crime of Abuse of Functional Influence in the Legal Systems of Iraq and Iran
Mazin Abd Ali Sulaiman Al Zuhairi ; Mahmood Ashrafy * ; Jaber Hussein Ali Al-Tamimi , Masoud Heidari1-14
