Comparative Studies in Jurisprudence, Law, and Politics

Intangible cultural heritage is at risk during armed conflicts. In addition to the potential protection provided by other legal regimes, human rights can also contribute to the safeguarding of intangible cultural heritage in armed conflicts. Since the implementation and transmission of intangible cultural heritage are significant both from the perspective of civil and political rights—namely, the freedom of assembly—and from the perspective of cultural rights, the present article addresses its protection through global and regional human rights systems. By employing a protective interpretation of the rulings of the International Court of Justice regarding the universality of human rights and the specificity of humanitarian law during armed conflicts, this article evaluates such protection.

This article aims to analyze the role of supervision over the performance of law enforcement in protecting citizen rights. Citizen rights, as a fundamental concept in modern societies, hold special importance as they enable individuals to enjoy their rights and freedoms within the framework of the law. Law enforcement, as an institution responsible for ensuring security and enforcing the law, faces numerous duties and challenges regarding the protection of citizen rights. In this context, this study seeks to explore the structural and normative issues within law enforcement and evaluate the impact of supervision on improving its performance. A descriptive-analytical research method is employed in this study to analyze documented data and examine laws in order to assess the performance of law enforcement from the perspective of citizen rights. The informational sources include books, articles, and laws related to citizen rights and supervision over law enforcement. The main objective of this section is to systematically examine the existing problems and limitations in protecting citizens' rights in their interaction with law enforcement. The research findings indicate that one of the most important factors influencing the reduction of violations and improvement of law enforcement performance is the establishment of precise and effective supervision systems. These supervisory mechanisms may include internal supervision, external supervision by judicial bodies, and even informal supervision by civil society and citizens. Ultimately, this study concludes that attention to citizen rights and transparency in the performance of law enforcement will effectively contribute to public trust and reduce violations. Through structural and normative reforms within law enforcement and continuous oversight of this institution, a safer and more just environment for citizens can be achieved. These actions will not only improve law enforcement performance but also enhance citizen satisfaction and strengthen social order and security.

One of the important issues in economics, especially Islamic economics, is how the prices of goods and services are determined in the market. This issue has multiple effects on fundamental variables such as investment, employment, production, supply of goods, and the general price level in the current and future economy. The pricing of goods or services in the Islamic market has been a subject of attention since the early Islamic period, under the Prophet Muhammad (PBUH), the Imams (AS), and, during the period of the Major Occultation, by prominent religious scholars and jurists. Based on numerous narrations and jurisprudential foundations, Islamic jurists (both Sunni and Shia) have presented various views on this matter. A review of jurisprudential texts shows that, although some, considering the short-term effects of government-imposed price controls, lean towards granting such authority to the state, most jurists maintain the prohibition of price-setting.

Addressing hacktivism requires not only attention to substantive and procedural criminal policies but also a thorough examination of the prevention domain. The methods that can be effective in combating a criminal phenomenon are as follows: 1) proactive or interventionist methods, which aim to reduce the harm caused by emerging crimes and require precise inspection and supervisory frameworks; 2) reactive methods, which are concerned with the post-occurrence phase of a criminal phenomenon and how to address it. This study aims to analyze the motivations of individuals engaging in hacktivism and the personality factors related to the perpetrators, existing and possible supervisory measures to combat hacktivism, and potential strategies for preventing it. This article, conducted in a descriptive-analytical manner using a library-based approach, examines hacktivism from the perspective of crime prevention. The findings suggest that hacktivism is often associated with a strong desire to challenge conventional structures, draw attention to misconduct, and instigate significant social changes. Additionally, considering the unique characteristics of cyberspace and its differences from the physical world, it can be concluded that criminal policy to address hacktivism requires adopting differential preventive measures.

Autonomous arbitration, aimed at the definitive resolution of disputes, shifts the regulation of arbitration from the parties' agreement to factors aligned with their needs and preferences, ensuring the independence of arbitration. This article, with the presupposition of an autonomous nature, employs a descriptive-analytical method to examine the position of autonomy in Fiqh. Arbitration is a form of dispute resolution typically established through the parties’ mutual agreement to designate a third party for conflict resolution. Arbitration is considered a type of adjudication with a judicial foundation. In adjudication by mutual agreement, disputes are resolved based on judicial regulations, whereas arbitration resolves disputes on a contractual basis. Recognizing this fundamental difference implies accepting the expansion of the arbitration concept, without limiting it to the regulations of adjudication by mutual agreement. The parties may resolve disputes under the rules of arbitration or choose their desired regulations. Consequently, autonomous arbitration cannot be structured and analyzed strictly based on the jurisprudential principles of adjudication by mutual agreement, and there is no jurisprudential prohibition against accepting autonomous arbitration.

Today, by going through development in various political, economic, cultural and social dimensions and integrating all of them under sustainable development, countries are trying to achieve this important goal by utilizing all their existing mechanisms, including natural and God-given resources, especially the copper industry, because the existence of numerous opportunities in the copper mining sector and its related industries has created a driving force for the development of international economic cooperation and the expansion of countries' exports, which in turn provides the cause of sustainable development in the international legal system. Therefore, the present article attempts to apply a descriptive and analytical method to the research question of how the copper industry is affected by international law on sustainable development in the experience of Iran and China. In response to this hypothesis, it is proposed that "it seems that in China's experience, two completely distinct and purposeful strategies, including the "green mining strategic strategy" and "responsible mining", have been designed and formulated to influence the copper industry from international sustainable development law, while a review of Iran's programs in this regard shows that not only does it not have a specific and purposeful program like China's, but even a model version of them is not seen in Iran's development policies." The conclusion of the article shows that China's two completely distinct and purposeful strategies have caused this country to take serious steps towards operationalizing the principles of sustainable development of international law, which in itself can be a promise of a future with reduced carbon, an issue that is clearly seen in Iran's program.

In recent decades, the emphasis on individualization in criminal justice has led to the use of innovative tools such as pre-sentence reports. This tool, which analyzes the personality, social, and psychological characteristics of the accused, plays a key role in judicial decision-making, especially in the rehabilitation and reform of offenders. The aim of this research is to conduct a comparative study of the legal systems of Iran and England in relation to pre-sentence reports and analyze the strengths and weaknesses of each system. This study employs a descriptive-analytical method along with comparative analysis. Data required for the study were gathered from legal sources, national laws, and specialized articles, and analyzed within the framework of legal principles. The comparison between the two legal systems reveals that, in England, due to its long history of using pre-sentence reports, a more cohesive approach exists. In contrast, in Iran, despite the legal provision in the Criminal Procedure Code, challenges such as a lack of financial resources and relevant specialists have hindered the effective implementation of this tool. The results of this study suggest that drawing on the successful experiences of England and addressing existing obstacles could strengthen the role of pre-sentence reports in Iran's criminal justice system. This study, by offering practical solutions, takes a step towards improving the judicial process and enhancing criminal justice.

The ownership of oil resources is a fundamental issue in both Shiite jurisprudence and Iranian law, attracting significant attention. In Shiite jurisprudence, oil resources are classified as "Anfal" (public property), with ownership vested in the infallible Imam during his presence and, in his absence, in the jurist with authority (Wilayat al-Faqih). These resources must be managed in a way that ensures public benefit while preventing their depletion. In Iranian law, Article 45 of the Constitution explicitly places ownership of oil resources under the control of the Islamic government, and their exploitation should be overseen by the state for the benefit of public interests. This article examines the legal status of oil resource ownership in both Shiite jurisprudence and Iranian law, analyzing the challenges and opportunities surrounding this issue. One of the primary challenges is the conflict between public ownership and private ownership, especially when oil resources are privatized or contracted to private entities. Furthermore, the Islamic government must manage the exploitation of these resources in a fair and sustainable manner, ensuring that while current economic needs are met, the interests of future generations are also preserved. The article investigates the existing laws in Iran, the role of the government in resource exploitation, and the international trends in managing oil resources.