University of Tabriz Jurisprudence and Islamic Law 28210891 15 34 2024 03 20 Collection of articles number 34 Collection of articles number 34 1 350 20621 FA Journal Article 2025 10 25 https://law.tabrizu.ac.ir/article_20621_fc2c49a7bad8cfdc664e78b36b379595.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 34 2024 03 30 Consequences of Prolonged Occupation of Palestine Towards Third States: Possible Approaches of ICJ Consequences of Prolonged Occupation of Palestine Towards Third States: Possible Approaches of ICJ 1 28 18643 10.22034/law.2024.58212.3314 FA Mahshid Ajeli Lahiji PhD in International Law, Allameh Tabatabai University, Tehran Masoud Ahsannejad PhD in International Law, University of Qom Journal Article 2023 08 30 It has been a long time since the occupation of Palestinian territory by Israel. Yet, no solution has been rendered for the humanitarian and security crises by the world community. The occupation of Palestine embraces broad breaches of different principles and rules of international law including the right of self-determination and jus ad bellum. However, the Continuance and prolongation of the occupation have led to doubts as to its illegitimacy. Apart from any practical solution that could or can be given to this problem, an analytical description of the nature of the situation and its legitimacy might shed light on the feasible actions that need to be taken. In line with this purpose, The UN General Assembly has requested an advisory opinion from ICJ on the effect of the ongoing violation of International Law resulting from the prolonged occupation of Palestine on the legal nature of the occupation and its consequences towards third States. In this article using the analytical-descriptive method, we are to analyze the nature and consequences of the prolonged occupation under international law and the possible approaches of the ICJ in this regard. Finally, in our opinion prolonged occupation as the result of jus ad bellum is the continuous breach of international law which should be ended as soon as possible and unconditionally by observing the international rules both from the occupier and third Stat’s sides. It has been a long time since the occupation of Palestinian territory by Israel. Yet, no solution has been rendered for the humanitarian and security crises by the world community. The occupation of Palestine embraces broad breaches of different principles and rules of international law including the right of self-determination and jus ad bellum. However, the Continuance and prolongation of the occupation have led to doubts as to its illegitimacy. Apart from any practical solution that could or can be given to this problem, an analytical description of the nature of the situation and its legitimacy might shed light on the feasible actions that need to be taken. In line with this purpose, The UN General Assembly has requested an advisory opinion from ICJ on the effect of the ongoing violation of International Law resulting from the prolonged occupation of Palestine on the legal nature of the occupation and its consequences towards third States. In this article using the analytical-descriptive method, we are to analyze the nature and consequences of the prolonged occupation under international law and the possible approaches of the ICJ in this regard. Finally, in our opinion prolonged occupation as the result of jus ad bellum is the continuous breach of international law which should be ended as soon as possible and unconditionally by observing the international rules both from the occupier and third Stat’s sides.

https://law.tabrizu.ac.ir/article_18643_6b64a4b722ce1a2226d116358f770fd6.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 34 2024 03 30 A Comparative Analysis of Normative Bases of Clean Hands Doctrine A Comparative Analysis of Normative Bases of Clean Hands Doctrine 29 61 18644 10.22034/law.2023.54420.3218 FA Mohsen Izanloo Associate Professor, University of Tehran Amir Ghafari Ph.D. Candidate in Private Law, University of Tehran Taha Arabasadi Ph.D. Candidate in Private Law, University of Tehran Journal Article 2022 12 26 In common law legal systems as well as transnational soft laws (such as transnational commercial law, international arbitration law, etc.), this general principle is accepted that the violation of parties in the matter related to the dispute may lead to depriving them of their right to hearing their lawsuits. This principle is called the principle of prohibition of invoking one's illegal act in continental Europe, and in Common Law, which is the origin of the legal rules related to this principle, it is called the Theory of Clean Hands. Recently the issue of acceptance of this theory in Iranian law and Islamic jurisprudence has been raised by several authors, And as a ritual rule, various bases have been presented to justify it. In the present article, the authors are trying to analyze the foundations of this theory and philosophically explore its basic norms. Some consider the agenda of this principle as the moral norm of the necessity of protecting the moral integrity of the courts, Some consider the norm of "You are the same" as its basis. The mentioned moral norm prevents people from complaining and protesting against those who commit a similar or related offense to what the complainants/protesters have already committed. In common law legal systems as well as transnational soft laws (such as transnational commercial law, international arbitration law, etc.), this general principle is accepted that the violation of parties in the matter related to the dispute may lead to depriving them of their right to hearing their lawsuits. This principle is called the principle of prohibition of invoking one's illegal act in continental Europe, and in Common Law, which is the origin of the legal rules related to this principle, it is called the Theory of Clean Hands. Recently the issue of acceptance of this theory in Iranian law and Islamic jurisprudence has been raised by several authors, And as a ritual rule, various bases have been presented to justify it. In the present article, the authors are trying to analyze the foundations of this theory and philosophically explore its basic norms. Some consider the agenda of this principle as the moral norm of the necessity of protecting the moral integrity of the courts, Some consider the norm of "You are the same" as its basis. The mentioned moral norm prevents people from complaining and protesting against those who commit a similar or related offense to what the complainants/protesters have already committed.

https://law.tabrizu.ac.ir/article_18644_13503ce423d381b4b8a27fc5dc8b40df.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 34 2024 03 30 Restorative Justice Measures of Irans’ Legal System to Support Victims under 18 Years Old in Sexual Crimes with Adaptive Study of Needs-Rights Model Restorative Justice Measures of Irans’ Legal System to Support Victims under 18 Years Old in Sexual Crimes with Adaptive Study of Needs-Rights Model 63 114 18645 10.22034/law.2023.57151.3282 FA Nafiseh Bagheri Ph.D. Candidate in Criminal Law and Criminology, Islamic Azad University, Science and ResearchDepartment Shadi Azimzadeh Assistant Professor, Islamic Azad University, South Tehran Branch Nasrin Mehra Associate Professor, Shahid Beheshti University, Tehran Mohamadali Mahdavisabet Assistant Professor of Islamic Azad University, Science and Research Unit Journal Article 2023 06 17 Despite the growth of sexual crimes against children and teenagers, it has resulted in the least amount of disclosure and judicial prosecution. In this regard, restorative justice can provide accountability and compensation without weakening the impact of punishment as an alternative to dealing with sexual crimes; Enables victims to communicate with offenders (usually with judicial supervision). Despite the effectiveness of restorative justice programs in reducing sexual crimes, which aims to rehabilitate juvenile offenders or criminals who have committed crimes for the first time, children and adolescents who have been sexually abused are outside the scope of this system, as a result of the non-fulfillment of the promise of restorative justice to support victims and implement justice. . With regard to the issue of restorative justice in Iran's legal and judicial system, this research, which is qualitative in terms of descriptive-analytical method, deals with two main issues: first, identifying and stating standards of restorative justice in order to provide maximum help and support to sexually abused children and adolescents with a view on The experience of implementing restorative justice programs in other countries and the model presented by Gal, and secondly, the challenges facing Iran's legal system in order to make restorative justice operational. In the current conditions of Iran's legal system, the result of the research shows that "the use of trained restorative justice activists and benefiting from the capabilities of non-governmental organizations" provides the recovery and treatment of sexual victims under the age of 18. Despite the growth of sexual crimes against children and teenagers, it has resulted in the least amount of disclosure and judicial prosecution. In this regard, restorative justice can provide accountability and compensation without weakening the impact of punishment as an alternative to dealing with sexual crimes; Enables victims to communicate with offenders (usually with judicial supervision). Despite the effectiveness of restorative justice programs in reducing sexual crimes, which aims to rehabilitate juvenile offenders or criminals who have committed crimes for the first time, children and adolescents who have been sexually abused are outside the scope of this system, as a result of the non-fulfillment of the promise of restorative justice to support victims and implement justice. . With regard to the issue of restorative justice in Iran's legal and judicial system, this research, which is qualitative in terms of descriptive-analytical method, deals with two main issues: first, identifying and stating standards of restorative justice in order to provide maximum help and support to sexually abused children and adolescents with a view on The experience of implementing restorative justice programs in other countries and the model presented by Gal, and secondly, the challenges facing Iran's legal system in order to make restorative justice operational. In the current conditions of Iran's legal system, the result of the research shows that "the use of trained restorative justice activists and benefiting from the capabilities of non-governmental organizations" provides the recovery and treatment of sexual victims under the age of 18.

https://law.tabrizu.ac.ir/article_18645_1851d86e1282978f25984574fdf8fbba.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 34 2024 03 30 Civil Liability of Software Defects in Autonomous Vehicles and the Inefficiency of Existing Rules, With a Review of US Law Civil Liability of Software Defects in Autonomous Vehicles and the Inefficiency of Existing Rules, With a Review of US Law 115 147 18646 10.22034/law.2024.55488.3245 FA Nahid Parsa PhD in Private Law, Mazandaran University Journal Article 2023 02 19 Artificial intelligence can provide numerous benefits for humanity, one of which is fully autonomous vehicles. This research specifically deals with the civil liability of software defects in fully autonomous cars. Software plays a key role in self-driving vehicles. The traditional principles of responsibility will no longer meet the new needs. In the case of a defect arising in the software update, who is responsible, the designer or the software updater? Does the software manufacturer have a supervisory responsibility after releasing the product to the market? With careful and deep consideration of the existing laws, we will find that the traditional principles of responsibility still hold the software manufacturer as the final producer responsible for vicarious liability, and although the supervisory responsibility is not provided for in Iranian law, the responsibility of the software manufacturer should be identified after the product is released to the market. Artificial intelligence can provide numerous benefits for humanity, one of which is fully autonomous vehicles. This research specifically deals with the civil liability of software defects in fully autonomous cars. Software plays a key role in self-driving vehicles. The traditional principles of responsibility will no longer meet the new needs. In the case of a defect arising in the software update, who is responsible, the designer or the software updater? Does the software manufacturer have a supervisory responsibility after releasing the product to the market? With careful and deep consideration of the existing laws, we will find that the traditional principles of responsibility still hold the software manufacturer as the final producer responsible for vicarious liability, and although the supervisory responsibility is not provided for in Iranian law, the responsibility of the software manufacturer should be identified after the product is released to the market.

https://law.tabrizu.ac.ir/article_18646_55a60f859f172c127ee7194249a59b9a.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 34 2024 03 30 A Comparative Study of the Death Penalty in Islamic Countries’ Laws A Comparative Study of the Death Penalty in Islamic Countries’ Laws 149 169 18647 10.22034/law.2023.55627.3248 FA Hosein Javan Arasteh Assistant Professor at Research Institute of Hawzah and University, Qom Mohammad Mahdifar Ph.D. Candidate in Public Law, University of Tehran, Farabi school 0000-0001-8475-5395 Journal Article 2022 11 30 Investigating the death penalty as one of the examples of depriving the right to life has always been one of the most important concerns of human rights. On this basis, examining it in the constitutions and criminal laws of Islamic countries, both in itself and with regard to the type and degree of influence of these countries from the customary approaches of human rights or Islamic standards, is one of the requirements of human rights studies. This article seeks to answer the key question of what approach Islamic countries have taken into consideration regarding the "death penalty". This research is based on the descriptive-analytical method and is organized based on library and document studies. The findings of the article show that the level of concern for rights and freedoms and the type of encounter with them among Islamic countries has a direct relation with the relationship between religion and the government; However, the duality of custom and Sharia in the category of right to life in the constitution and the penal code of Islamic countries has had different reflections. Regarding the death penalty, extreme approaches (maximum permitting) on the one hand, and excessive approaches (maximum prohibiting) on the other hand, have lined up against each other; The dominant model accepted in Islamic countries, in this regard, is in line with the system of customary and secular human rights and is influenced by the approach of the divergence of religion and the government. However, with the strengthening of the convergence of religion and government in some Islamic countries, serious resistance regarding adherence to religious texts can be predicted. Investigating the death penalty as one of the examples of depriving the right to life has always been one of the most important concerns of human rights. On this basis, examining it in the constitutions and criminal laws of Islamic countries, both in itself and with regard to the type and degree of influence of these countries from the customary approaches of human rights or Islamic standards, is one of the requirements of human rights studies. This article seeks to answer the key question of what approach Islamic countries have taken into consideration regarding the "death penalty". This research is based on the descriptive-analytical method and is organized based on library and document studies. The findings of the article show that the level of concern for rights and freedoms and the type of encounter with them among Islamic countries has a direct relation with the relationship between religion and the government; However, the duality of custom and Sharia in the category of right to life in the constitution and the penal code of Islamic countries has had different reflections. Regarding the death penalty, extreme approaches (maximum permitting) on the one hand, and excessive approaches (maximum prohibiting) on the other hand, have lined up against each other; The dominant model accepted in Islamic countries, in this regard, is in line with the system of customary and secular human rights and is influenced by the approach of the divergence of religion and the government. However, with the strengthening of the convergence of religion and government in some Islamic countries, serious resistance regarding adherence to religious texts can be predicted.

https://law.tabrizu.ac.ir/article_18647_b43a18e10670ff5f587923a73727ba28.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 34 2024 03 30 The Structure of the Guardian Council and the Validity of its Decisions with a Review of the Constitutional Justice in Egypt, Iraq, and Algeria The Structure of the Guardian Council and the Validity of its Decisions with a Review of the Constitutional Justice in Egypt, Iraq, and Algeria 171 206 18648 10.22034/law.2024.55777.3251 FA Rohola Alidadzadeh PhD in Public Law, Allameh Tabatabai University, Tehran Hasan Vakilian Associate Professor of Allameh Tabatabai University, Tehran Mahdi Rezaei Associate Professor of Allameh Tabatabai University, Tehran Journal Article 2023 03 10 Supervision of the law being constitutional is initially a juridical-political practice, which its purpose is to evaluate the degree of coherence of the laws with the Constitution which is superior to other rules. Due to the importance of this issue, the legitimacy of mandatory supervision has been accepted in legal systems and it is one of the foundations of political systems. The foundation of constitutional justice in Iran, Egypt, Iraq, and Algeria, like many other countries, has been accepted by founding powers. The structure of this foundation in the mentioned countries has differences and similarities that the survey of the constitutional justice in the countries of Egypt, Iraq, and Algeria can Help in better understanding and presentation of the proposed model in the matter of how to compose the Guardian Council, especially considering that these countries are in the field of Islamic civilization and the majority are Muslims. Of course, this does not mean that these countries are the model of the authors in presenting the proposed model, but they are considered as a guide to better understand the structure of the Guardian Council. On the other hand, the validity of the decisions of the Guardian Council, according to the research conducted, compared to the countries under review indicates the uncertainty in the matter of monitoring the orderliness and legality of the parliament's approvals and the non-observance of the principle of stability in the decisions of this council on the part of the council itself. Supervision of the law being constitutional is initially a juridical-political practice, which its purpose is to evaluate the degree of coherence of the laws with the Constitution which is superior to other rules. Due to the importance of this issue, the legitimacy of mandatory supervision has been accepted in legal systems and it is one of the foundations of political systems. The foundation of constitutional justice in Iran, Egypt, Iraq, and Algeria, like many other countries, has been accepted by founding powers. The structure of this foundation in the mentioned countries has differences and similarities that the survey of the constitutional justice in the countries of Egypt, Iraq, and Algeria can Help in better understanding and presentation of the proposed model in the matter of how to compose the Guardian Council, especially considering that these countries are in the field of Islamic civilization and the majority are Muslims. Of course, this does not mean that these countries are the model of the authors in presenting the proposed model, but they are considered as a guide to better understand the structure of the Guardian Council. On the other hand, the validity of the decisions of the Guardian Council, according to the research conducted, compared to the countries under review indicates the uncertainty in the matter of monitoring the orderliness and legality of the parliament's approvals and the non-observance of the principle of stability in the decisions of this council on the part of the council itself.

https://law.tabrizu.ac.ir/article_18648_06ef31d7bf0ee2d60a3385a2e2a07b24.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 34 2024 03 30 Right to Persuasion; A Perspective on Comparative Studies of Jurisprudence and Citizenship Rights Right to Persuasion; A Perspective on Comparative Studies of Jurisprudence and Citizenship Rights 207 244 18649 10.22034/law.2023.57479.3295 FA SEYYED MOHSEN GHAEMI KHARGH Assistant Professor Shahid Beheshti University, Tehran 0009-0000-5130-538X Mohammad LORINEJAD PhD in Public Law, Islamic Azad University, Sirjan Branch Journal Article 2023 07 10 The converging and diverging duality of "legitimacy" and "acceptance of the social context" establishes the judicial and legal obligation or at least the moral obligation based on internal persuasion. In fact, acting on the basis of valid reasons is something differing from external coercion or fear of legal punishments and social pressure in the implementation of governance programs and approaches, and in the meantime, it states a right for the citizens and a duty for the government. This descriptive-analytical writing based on library studies, proceeds to establish the foundations and evidences of the right to persuasion in public law, as the sovereign right and introduction (suspended against) the formation of duties in relation to the government and citizens (including in the field of legislation and Qada). This right is a superior concept than the right to access information, and as a consequentialist right, it can base the binding of laws and judicial rulings on something dissimilar to force, based on soft power; As the require of persuasion, in the application of interpretation principles such as innocence and companionship in the domain of governance (as opposed to the individual and religious domain), as a limiting principle, it regulates the rank and scope of the application of verbal and practical principles. In addition, the right to persuasion can show the objective effectiveness of the government at the threshold of public opinion. The converging and diverging duality of "legitimacy" and "acceptance of the social context" establishes the judicial and legal obligation or at least the moral obligation based on internal persuasion. In fact, acting on the basis of valid reasons is something differing from external coercion or fear of legal punishments and social pressure in the implementation of governance programs and approaches, and in the meantime, it states a right for the citizens and a duty for the government. This descriptive-analytical writing based on library studies, proceeds to establish the foundations and evidences of the right to persuasion in public law, as the sovereign right and introduction (suspended against) the formation of duties in relation to the government and citizens (including in the field of legislation and Qada). This right is a superior concept than the right to access information, and as a consequentialist right, it can base the binding of laws and judicial rulings on something dissimilar to force, based on soft power; As the require of persuasion, in the application of interpretation principles such as innocence and companionship in the domain of governance (as opposed to the individual and religious domain), as a limiting principle, it regulates the rank and scope of the application of verbal and practical principles. In addition, the right to persuasion can show the objective effectiveness of the government at the threshold of public opinion.

https://law.tabrizu.ac.ir/article_18649_3a53f68e23f1a641a168b42c5cf96c27.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 34 2024 03 30 A Comparative Study of the Concepts of “Forgivable and Unforgivable” in Customary Criminal Law with the Concepts of Haqullahi A Comparative Study of the Concepts of “Forgivable and Unforgivable” in Customary Criminal Law with the Concepts of Haqullahi 245 277 18651 10.22034/law.2023.53929.3194 FA Sayed Sajjad Kazemi Associate Professor,Malayer University Mohammad Kakavand Assistant Professor, Malayer University Journal Article 2022 10 26 In customary criminal law, except for a few cases, there was no mention of Haqullahi and Haqlanasi crimes, but it was mentioned many times about forgivable and unforgivable crimes. Forgivable and non-forgivable crimes have a decisive effect in terms of the amount of intervention suffered by the victim and its effect on the initiation, continuation and appeal of criminal proceedings; But in jurisprudence texts, without mention of forgivable and unforgivable crimes, the general effects of these crimes have been specified by using the terms Haqullahi and Haqlanasi crimes. The current research with a comparative view and by adopting descriptive analytical method and the use of library tools, tries to answer the basic question that to what extent can forgivable and unforgivable crimes be compatible with the terms Haqullah and Haqul-Nas in terms of examples and related works? Despite the differences between these two categories of terms in terms of scope and consequential effects, both of them have been established and used with the intention of achieving similar goals, since according to the constitution, the main source of rulings and regulations of our country must necessarily come from Islamic jurisprudence. (Imamiyyah) and despite the fact that the terms Haqullah and Haqul-Naas were available in Islamic jurisprudence and Imamiyyah and could use them, but the ordinary legislator based on other legal systems and similar to the same method used to classify crimes in general criminal laws before the revolution It was possible to use transitive and non-transitory concepts. In customary criminal law, except for a few cases, there was no mention of Haqullahi and Haqlanasi crimes, but it was mentioned many times about forgivable and unforgivable crimes. Forgivable and non-forgivable crimes have a decisive effect in terms of the amount of intervention suffered by the victim and its effect on the initiation, continuation and appeal of criminal proceedings; But in jurisprudence texts, without mention of forgivable and unforgivable crimes, the general effects of these crimes have been specified by using the terms Haqullahi and Haqlanasi crimes. The current research with a comparative view and by adopting descriptive analytical method and the use of library tools, tries to answer the basic question that to what extent can forgivable and unforgivable crimes be compatible with the terms Haqullah and Haqul-Nas in terms of examples and related works? Despite the differences between these two categories of terms in terms of scope and consequential effects, both of them have been established and used with the intention of achieving similar goals, since according to the constitution, the main source of rulings and regulations of our country must necessarily come from Islamic jurisprudence. (Imamiyyah) and despite the fact that the terms Haqullah and Haqul-Naas were available in Islamic jurisprudence and Imamiyyah and could use them, but the ordinary legislator based on other legal systems and similar to the same method used to classify crimes in general criminal laws before the revolution It was possible to use transitive and non-transitory concepts.

https://law.tabrizu.ac.ir/article_18651_f545ed35cd6f26caa1aae7ee172a0fb4.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 34 2024 03 30 Data Trust, a Mechanism to Manage the Interests of Data Beneficiaries:Guidelines for the Data System in Iranian Law Data Trust, a Mechanism to Manage the Interests of Data Beneficiaries:Guidelines for the Data System in Iranian Law 279 320 18652 10.22034/law.2024.56448.3268 FA Abbas Mirshekari Assistant Professor, University of Tehran Sayyed Amin Pishnamaz Ph.D. Candidate in Private Law, Shahid Beheshti University, Tehran Amir Abbas Rokni Ph.D. Student in National Security, Supreme National Defense University, Tehran Journal Article 2023 05 05 Data is one of the most valuable assets of the digital age, which is meaningful, valuable, and strategic, whether aggregated or separately. Data has led to a huge transformation in data-oriented industries and businesses such as artificial intelligence, and advertising, and the creation of giant businesses such as data processing and brokerage. In addition to industrial and economic aspects, data is related to privacy since it represents the characteristics and states of different individuals. The current model of data governance does not serve the interests of multiple data stakeholder groups. The consent-oriented structure for data collection and processing does not ensure the privacy of individuals. In addition, this structure does not allow the free flow of data due to the concentration of data resources in the hands of limited groups (Tech giants). Data Trust is a recently proposed model for data governance and management. Whether the use of the common law trust institution for this purpose is adaptable and useful is the main question of the current research. It seems that despite the existing challenges, due to: first, the flexibility of the structure and the adaptability of the elements to the players of the data industry, and second: the formation based on the fiduciary relationship between the trustee and and the beneficiaries, it can be a suitable option for the data governance method. be considered in The current research, the information is collected by the library method, first, the background of the trust institution is examined and then, the applicability and functions of this institution are studied in the field of data; Finally, the current position of the relevant regulations in Iran's legal system is analyzed in comparison to data trust and the necessity of adopting a neutral mechanism for managing personal data is emphasized. Data is one of the most valuable assets of the digital age, which is meaningful, valuable, and strategic, whether aggregated or separately. Data has led to a huge transformation in data-oriented industries and businesses such as artificial intelligence, and advertising, and the creation of giant businesses such as data processing and brokerage. In addition to industrial and economic aspects, data is related to privacy since it represents the characteristics and states of different individuals. The current model of data governance does not serve the interests of multiple data stakeholder groups. The consent-oriented structure for data collection and processing does not ensure the privacy of individuals. In addition, this structure does not allow the free flow of data due to the concentration of data resources in the hands of limited groups (Tech giants). Data Trust is a recently proposed model for data governance and management. Whether the use of the common law trust institution for this purpose is adaptable and useful is the main question of the current research. It seems that despite the existing challenges, due to: first, the flexibility of the structure and the adaptability of the elements to the players of the data industry, and second: the formation based on the fiduciary relationship between the trustee and and the beneficiaries, it can be a suitable option for the data governance method. be considered in The current research, the information is collected by the library method, first, the background of the trust institution is examined and then, the applicability and functions of this institution are studied in the field of data; Finally, the current position of the relevant regulations in Iran's legal system is analyzed in comparison to data trust and the necessity of adopting a neutral mechanism for managing personal data is emphasized.

https://law.tabrizu.ac.ir/article_18652_392b885aaeaebdf2d3dd70e74b89734d.pdf

University of Tabriz Jurisprudence and Islamic Law 28210891 15 34 2024 03 30 Comparative Assessment of Environmental Diplomacy Discourse and International Criminal Law in Preventing Environmental Crimes Comparative Assessment of Environmental Diplomacy Discourse and International Criminal Law in Preventing Environmental Crimes 321 350 18653 10.22034/law.2023.58484.3319 FA Peyman Namamian Assistant Professor, Arak University Sobhan Tayebi Assistant Professor, Islamic Azad University, South Tehran Branch Journal Article 2023 09 17 Despite great advances in international environmental law and an increased understanding of endangered core values, the response to such catastrophes remains focused on non-criminal solutions. Threats from environmental hazards are rapidly evolving and it seems that within the framework of promotional tools, threats can be altered into opportunities during the commission of environmental crimes; Although there have been significant strategies such as organizational response like Interpol at the international level or specific regulations at the national level to curb environmental crimes, there is also a need for approaches, including environmental diplomacy as a tool can be effective. In fact, this structured tool can be very effective in coordinating government interactions in decision-making on tackling environmental crime. Of course, in the light of the documents of international criminal law, especially the Rome Statute, It is possible to consider the state and territory of the environment and the manners to protect it; However, international protection of the environment to prevent crimes against it, especially through criminal means, requires a global consensus on interactions and the establishment of environmental diplomacy on the global stage. Despite great advances in international environmental law and an increased understanding of endangered core values, the response to such catastrophes remains focused on non-criminal solutions. Threats from environmental hazards are rapidly evolving and it seems that within the framework of promotional tools, threats can be altered into opportunities during the commission of environmental crimes; Although there have been significant strategies such as organizational response like Interpol at the international level or specific regulations at the national level to curb environmental crimes, there is also a need for approaches, including environmental diplomacy as a tool can be effective. In fact, this structured tool can be very effective in coordinating government interactions in decision-making on tackling environmental crime. Of course, in the light of the documents of international criminal law, especially the Rome Statute, It is possible to consider the state and territory of the environment and the manners to protect it; However, international protection of the environment to prevent crimes against it, especially through criminal means, requires a global consensus on interactions and the establishment of environmental diplomacy on the global stage.

https://law.tabrizu.ac.ir/article_18653_f16be51d3af6db4d74f66e8f30bc29db.pdf