Interdisciplinary Studies in Society, Law, and Politics

A Legal Analysis of Barriers to Independence, Resource Provision, and Inter-Institutional Coordination in Iraq’s Human Rights Monitoring System and the Presentation of Reform Strategies

Ahmad Momeni Rad ^* iD , Ahmad Khalid Obeid Jumaa Al-Khalidi iD

The protection of human rights constitutes one of the most important requirements of a state governed by the rule of law and is a fundamental criterion for assessing the legitimacy and effectiveness of political and legal systems. Despite having established legal frameworks and undertaken international human rights obligations, Iraq continues to face challenges concerning the effective implementation of these rights and the efficiency of its monitoring mechanisms. The present study aims to evaluate the legal and institutional framework for the protection of human rights in Iraq and to examine the effectiveness of national and international monitoring mechanisms. The study employs a descriptive-analytical method based on the examination of documents, legislation, international treaties, reports issued by human rights institutions, and relevant scholarly sources. The findings indicate that the Iraqi Constitution of 2005 and Iraq’s accession to a number of international treaties have provided an appropriate legal foundation for the protection of fundamental rights and freedoms; nevertheless, a considerable gap persists between legal obligations and their practical implementation. Limited independence and institutional capacity of monitoring bodies, inadequate coordination among domestic institutions, insufficient resources, and the persistence of certain human rights violations constitute the principal existing obstacles. Furthermore, international non-governmental organizations and the United Nations Assistance Mission for Iraq (UNAMI), through monitoring, documentation, reporting, capacity-building, and support for legal and institutional reforms, play an important role in strengthening accountability. Ultimately, the study concludes that enhancing human rights protection in Iraq requires strengthening the independence of monitoring institutions, reforming legislation, increasing implementation capacity, expanding institutional and international cooperation, and institutionalizing a culture of respect for human rights.

A Legal Analysis of the Effects of Economic Sanctions on the Performance of International Commercial Contracts: With Emphasis on Force Majeure, Suspension, and Termination of Contract

Atefeh Hazegh iD , Akram Tajik ^* iD , Zahra Tajari Moazeni iD

Economic sanctions constitute one of the most significant factors affecting international commercial relations and, by imposing restrictions on financial and banking transactions, transportation, and foreign trade, create serious challenges for the performance of international commercial contracts. The present study aims to provide a legal analysis of the effects of economic sanctions on the performance of international commercial contracts, with particular emphasis on force majeure, suspension, and termination of contract. Employing a descriptive-analytical method and drawing on library-based sources, specialized books, scholarly articles, and relevant legal materials, the study examines the effects of sanctions on contractual obligations and the liability of the parties. The findings indicate that the mere imposition of economic sanctions does not automatically exempt a party from contractual liability or bring contractual obligations to an end; rather, the extent to which the sanctions affect the possibility of performance, the contractual provisions, and the governing law must be examined. Where sanctions render performance genuinely impossible or legally prohibited for reasons beyond the obligor’s control, recourse to force majeure and suspension of contractual performance may be available, provided that the requisite conditions are satisfied. By contrast, where performance remains possible but becomes exceptionally difficult and costly, the matter may be assessed within the framework of hardship, including the possibility of renegotiation or adjustment of contractual obligations. Furthermore, the persistence of the impediment and the resulting impossibility of continuing the contractual relationship may provide grounds for termination of the contract. Ultimately, determining the legal consequences of sanctions requires a clear distinction between impossibility of performance and hardship, as well as a careful examination of the causal relationship between the sanctions and the non-performance of contractual obligations.

Comparative Analysis of the Role of Public Policy in the Nullity and Annulment of Arbitral Awards under Iranian and Turkish Law

Ali Asghar Kargar iD , Mozaffar Bashokouh ^* iD , Jafar Salmanzadeh iD

Arbitration is increasingly used as an alternative mechanism for resolving civil and commercial disputes in Iran and Turkey because of its flexibility, confidentiality, speed, and reliance on party autonomy. Nevertheless, arbitral autonomy is not absolute. Arbitral awards must remain compatible with the fundamental legal values of the state, including mandatory rules, public policy, good morals, arbitrability requirements, and basic procedural guarantees. This article comparatively examines the role of public policy in the nullity and annulment of arbitral awards under Iranian and Turkish law. It adopts a doctrinal and comparative method to analyse the legal foundations, scope, and consequences of judicial intervention where an award conflicts with public policy. The study finds that Iranian law regulates the invalidity of domestic arbitral awards principally through Article 489 of the Civil Procedure Code, particularly the ground concerning awards contrary to laws creating rights. Although this concept can protect mandatory norms and fundamental legal interests, its broad and uncertain scope may permit excessive judicial review of the merits. Iranian international commercial arbitration provides a more explicit basis for considering public policy and good morals. Turkish arbitration law, by contrast, expressly recognises public policy as a ground for annulment and more clearly separates it from other grounds, such as invalidity of the arbitration agreement, non-arbitrability, excess of authority, and procedural defects. The article argues that public policy should be interpreted restrictively in both legal systems. Judicial intervention is justified where an award involves manifest illegality, corruption, fraud, serious denial of due process, non-arbitrable subject matter, or a clear conflict with fundamental mandatory rules. However, public policy should not permit courts to reconsider evidence, reinterpret contracts, reassess damages, or correct ordinary legal errors. The study concludes that clearer legal distinctions and a consistent high threshold for public-policy review would strengthen arbitral finality while preserving judicial protection of fundamental legal values.

The Effectiveness of Mechanisms for Ensuring the Implementation of Security Council Decisions and International Court of Justice Judgments in International Law: From Legal Obligation to Political Reality

Ahmad Momeni Rad ^* iD , Mohammad Jassim Hameed Al-Maamouri iD

Decisions of international institutions can effectively regulate international relations only when an effective link exists between their legal bindingness and their practical implementation. This study aims to comparatively examine the binding and enforcement powers of decisions issued by the International Court of Justice and the Security Council, and to explain the factors contributing to the gap between their legal obligation and practical implementation. Using a descriptive–analytical method and a comparative approach, and drawing on library sources and international legal documents, the study examines the foundations of bindingness, the scope of effects, mechanisms for ensuring implementation, and the extent to which the two institutions are influenced by international politics. The findings indicate that the Security Council, particularly within the framework of Chapter VII of the Charter of the United Nations, possesses broader enforcement and coercive instruments and, in this respect, has greater capacity to ensure the implementation of its decisions. In contrast, the contentious judgments of the Court are legally binding; however, their implementation depends on the cooperation and political will of States and, in specific cases, on the capacity of the Security Council. Nevertheless, the Security Council’s enforcement superiority is constrained by the veto power, the interests of major powers, and the selective nature of its decisions. Consequently, strengthening oversight, institutional cooperation, and non-coercive mechanisms may reduce the gap between the legal obligation and practical implementation of international decisions.

An Analysis of the Conflict between the Republic of Azerbaijan and Armenia in the Nagorno-Karabakh Crisis Based on Brecher’s Crisis Management Model at the Regional Level

Mohammad Babazadeh iD , Mohammad Yousefi Joybari ^* iD , Jalil Nayebian iD

The Nagorno-Karabakh conflict is one of the most complex and protracted regional crises to have emerged following the dissolution of the Soviet Union. Its consequences have extended beyond relations between the Republic of Azerbaijan and Armenia, affecting the security environment and geopolitical structure of the South Caucasus. The present study aims to explain the conflict between the Republic of Azerbaijan and Armenia in the Nagorno-Karabakh crisis on the basis of Michael Brecher’s crisis management model and to examine its consequences at the regional level, with particular emphasis on the national security of the Islamic Republic of Iran. In terms of purpose, the study is applied research, and methodologically, it employs a descriptive–analytical approach. The required data were collected through library and documentary research and examined using qualitative content analysis and descriptive–analytical document analysis. The findings indicate that the Nagorno-Karabakh crisis can be analyzed through the four stages of Brecher’s model: onset, escalation, de-escalation, and impact. At the onset stage, historical, ethnic, identity-related, political, and territorial factors created the conditions for the emergence of the crisis. During the escalation stage, perceptions of acute threat, time pressure, and the increasing probability of war reached their highest levels during the First Nagorno-Karabakh War, the 2016 clashes, and the Second Nagorno-Karabakh War in 2020, while the role of regional and extra-regional actors in intensifying the crisis became increasingly prominent. At the de-escalation stage, mediation efforts and ceasefires failed to produce a sustainable settlement of the conflict, and the crisis entered a new phase in September 2023 following the military operation conducted by the Republic of Azerbaijan. At the impact stage, the consequences of the crisis became evident at both bilateral and regional levels. The findings further demonstrate that the Nagorno-Karabakh crisis has affected the national security of the Islamic Republic of Iran through changes in the regional balance of power, the increased presence of extra-regional actors, threats arising from potential changes to transportation and transit corridors, and the consequences of population displacement and refugee movements. Accordingly, Brecher’s model provides an appropriate analytical framework for explaining the dynamics and complexity of the Nagorno-Karabakh crisis, while strengthening active diplomacy, maintaining balanced relations with both parties, promoting regional cooperation, and enhancing public diplomacy may contribute to managing the consequences of the crisis and safeguarding the national interests and national security of the Islamic Republic of Iran.

Examining the Role of Transparency and Accountability Frameworks in Reducing Conflicts of Interest in Iran’s Health Sector

Alireza Sharifi iD , Hossein Sadeghi ^* iD , Vali Rostami iD

Conflict of interest constitutes one of the fundamental challenges facing Iran’s health system, with consequences that not only threaten public health but also contribute to resource waste and diminished public trust. This study aimed to examine the role of structured transparency and accountability frameworks in mitigating and managing such conflicts and to propose practical and policy-oriented strategies for addressing them. The findings indicated that existing gaps in the legal and administrative systems—particularly the absence of clear regulations governing asset disclosure, weak oversight mechanisms, and ineffective accountability arrangements—represent some of the most significant barriers to effective conflict-of-interest management. Conversely, establishing public systems for the registration and disclosure of conflicts of interest, enhancing transparency in procurement and tendering processes, publicly disclosing board decisions, and implementing clear mechanisms for reporting violations and imposing effective sanctions were identified as key transparency and accountability measures. Accordingly, integrating transparency and accountability frameworks as complementary strategies can play a pivotal role in preventing, identifying, and mitigating conflicts of interest. The development and implementation of a “National Transparency and Accountability Framework for the Health System” is therefore recommended as a fundamental priority in health policy.

Comparative Analysis of the Challenges in the Enforcement of Judicial Judgments and Arbitral Awards on Public Blockchain Networks: A Perspective from UNCITRAL and Iranian Law

Peyman Moradi iD , Ghazaleh Kabirabadi ^* iD , Majid Dehghan Chenari iD , Mohammad Amini iD

The comparative analysis of the challenges associated with the enforcement of judicial judgments and arbitral awards on public blockchain networks constitutes an emerging field at the intersection of international commercial law and distributed ledger technologies (DLT). It examines the extent to which sovereign and judicial authority may be exercised over digital assets within decentralized environments. The central issue addressed in this study is the fundamental conflict between the intrinsic characteristics of public blockchains—such as immutability, pseudonymity, and their inherently cross-border nature—and the enforcement requirements of judicial and arbitral systems, which traditionally rely upon third-party intervention, territorial jurisdiction, and the possibility of reversing or invalidating transactions. In the absence of a central authority, public blockchain networks present significant technical and legal obstacles to the compulsory seizure, transfer, or execution against digital assets. Employing a descriptive-analytical methodology with a comparative legal approach, this research examines the legal instruments and proposed frameworks developed by the United Nations Commission on International Trade Law (UNCITRAL), including the Model Law on Electronic Commerce and the Model Law on Electronic Transferable Records, and compares them with the relevant provisions of Iranian legislation, particularly the Civil Judgments Enforcement Act and the Electronic Commerce Act. The identified research gap arises from the predominant focus of previous scholarship on the legal nature of smart contracts, while largely overlooking the operational complexities of enforcing judicial and arbitral decisions at the technical layer of blockchain systems. Addressing this gap is essential to ensuring legal certainty for stakeholders and maintaining transactional stability within the digital economy. The findings indicate that, notwithstanding UNCITRAL's recognition of the principle of functional equivalence, a substantial gap remains between the legal validity of judicial judgments and arbitral awards and their technical enforceability on public blockchain networks. Likewise, under Iranian law, the absence of a comprehensive legal framework defining digital assets as property, coupled with the lack of statutory mechanisms enabling judicial access to private cryptographic keys, significantly undermines the effectiveness of traditional enforcement procedures. The study ultimately recommends that, in order to align the Iranian legal system with global technological developments, concepts such as judicial oracles and governable smart contracts should be formally recognized, while the necessary technical infrastructure should be established to facilitate direct interaction between judicial authorities and decentralized blockchain networks.

A Comparative Study of the Legal Prohibitions Applicable to Directors of Joint-Stock Companies under Iranian and French Law

Javanshir Saedrahim iD , Reza Sokuti Nasimi ^* iD , Akbar Bashiri iD

Legal prohibitions applicable to directors of joint-stock companies constitute an important area of commercial law and play a significant role in protecting the interests of the company, shareholders, and third parties. These prohibitions have been regulated through different approaches across legal systems. The present study aims to comparatively examine the legal prohibitions imposed on directors of joint-stock companies under Iranian and French law in order to identify the similarities and differences between the two legal systems. This research adopts a descriptive-analytical method and a comparative approach, examining the laws and regulations of both countries through library-based research. The findings indicate that the French legal system, by providing for two distinct management structures—the traditional and two-tier systems—offers greater flexibility in the corporate management structure. Moreover, France’s comprehensive system of “regulated agreements” subjects transactions involving directors to more rigorous oversight. Broader supervisory mechanisms available to shareholders, including the right to bring a derivative action and to request the appointment of a management expert, are also among the positive features of the French legal system. Overall, the French legal framework in this area is more comprehensive, flexible, and effective than its Iranian counterpart, and drawing upon its provisions may contribute to strengthening corporate governance in Iran.

Interdisciplinary Studies in Society, Law, and Politics

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Navigating the Green Frontier: The Evolving Role of the WTO in Environmental Protection and Sustainable Development

Examining the Effects and Implications of Constitutionalizing Cultural Heritage Rights in the Iranian Legal System

Soft Balancing and the Challenges to U.S. Hegemony in the Persian Gulf after September 11

Misperceiving Iran through a Weberian Lens and the United States’ Interpretive Failure in Foreign Policy

Examining the Role of Iranian Women During the Famine of the First World War (1914–1918)

Foreign Policy of the Gulf Cooperation Council (GCC) Member States Toward Iran’s Nuclear Program

The Role of National Courts in Prosecuting International Crimes with an Emphasis on the Assassination of Martyr General Soleimani

Examination of the Status and Practical Measures of the Committee on the Human Rights of Parliamentarians of the Inter-Parliamentary Union in Recent Years (2012–2022) from the Perspective of Experts

Iran’s Measures to Counter COVID-19 and Support the Right to Health

Comparative Study of the Characteristics of Monetary Obligations

A Comparative Study of the Relationships Between Judicial Authorities and Judicial Officers in the Preliminary Investigation Stage in Iran and France Law

Identification and Status of Customary Punishments in Iranian Law with Reference to French Law

International Privacy Protection Laws in Smart Contracts

A Legal and Psychological Analysis of the Validity Conditions of Marriage in the Iranian Legal System, with Emphasis on William Glasser’s Choice Theory

Challenges of Employees’ Rights in Iranian Administrative Laws and Regulations from a Human Rights Perspective

Transformations in Islamic Jurisprudence and Their Implications within the Framework of the Basran Scholars’ Approach from the 8th to the 11th Century CE

Management of Political Crises in the Islamic Republic of Iran: An Examination of Challenges and Solutions

A Reflection on the Mechanisms of the Globalization of Constitutional Law with an Emphasis on Developments in the Field of Science

Jurisdiction of ICSID in Foreign Investment Arbitration

An Introduction to Parallel Arbitration and Solutions to Overcome It

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