Interdisciplinary Studies in Society, Law, and Politics

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 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.

Asymmetric and Dynamic Nexus between Gender Inequality and Green Finance

Zeinab Yadgar ^* iD

Addressing gender inequality is not only a matter of social justice but also a fundamental prerequisite for achieving sustainable development. Despite the growing recognition of green finance as a key instrument for promoting environmental sustainability, the interaction between gender inequality and green finance has received limited scholarly attention. This study investigates the short-run, long-run, and threshold dynamics between green finance and gender inequality in OECD countries by employing Granger causality tests and a panel threshold regression (PTR) framework. The empirical findings reveal a unidirectional relationship in which gender inequality influences green finance only in the short run, whereas green finance exerts a significant impact on gender inequality exclusively in the long run. The results of the threshold regression model further indicate that gender inequality negatively affects green finance across both regimes. Conversely, green finance contributes to a reduction in gender inequality under both threshold conditions. These findings underscore the importance of reducing gender disparities and enhancing women’s economic participation as essential strategies for expanding green finance and advancing the Sustainable Development Goals. Moreover, the effective implementation and continuous monitoring of green finance policies aimed at mitigating gender inequality should be prioritized by policymakers and governments.

An Analysis of the Status and Effectiveness of the Istanbul Convention in the International Protection of Women: With Emphasis on State Obligations, the GREVIO Monitoring Mechanism, and Its Implications for the Iranian Legal System

Melika Forouzani ^* iD

Protecting women against violence, discrimination, and harms arising from inequality constitutes one of the principal concerns of the international human rights system. Violence against women not only violates human dignity and the right to personal security but also seriously restricts women’s enjoyment of fundamental rights, including the rights to life, physical and mental health, access to justice, social participation, and a life free from fear. Within this framework, the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, commonly known as the Istanbul Convention, has assumed a prominent position in the development of legal protections for women. By adopting a comprehensive approach, the Convention seeks not merely to punish perpetrators but also to establish a range of preventive, protective, judicial, educational, and institutional measures aimed at reducing violence and ensuring effective support for victims. The present study examines the status of the Istanbul Convention within the international system for the protection of women and analyzes its development, human rights foundations, implementation mechanisms, and degree of effectiveness. The findings indicate that, by emphasizing human dignity, the right to security, the prohibition of discrimination, and the necessity of women’s access to effective protective mechanisms, the Istanbul Convention constitutes one of the most significant binding instruments in the field of women’s protection. By imposing specific obligations on states concerning the prevention of violence, the protection of victims, the establishment of shelters and counseling services, the guarantee of access to justice, and the monitoring of compliance with treaty obligations, the Convention provides a relatively comprehensive model for the legal and humanitarian protection of women. Nevertheless, its effectiveness depends on the genuine implementation of state obligations, the reform of domestic legislation, the training of executive and judicial institutions, the provision of support services, and the promotion of public awareness. Accordingly, the Istanbul Convention may be regarded as a significant instrument for strengthening the international protection of women, whose principal objective is to ensure a safer, more equitable, and more dignified life for women and to protect them effectively against violence and structural harms.

A Comparison of Judicial Prevention and Criminal Prevention and an Analysis of Their Institutions in the Preliminary Investigation Phase

Morteza Fathi iD , Jaber Mohammadi ^* iD

The preliminary investigation phase is one of the most sensitive stages of the criminal process because it is the point at which the state first exercises coercive authority in response to an alleged offense. Decisions adopted during this phase can prevent the continuation of criminal conduct, protect victims and witnesses, preserve evidence, secure the suspect’s presence, and reduce the risk of repeated offending. At the same time, preventive measures may result in arbitrary arrest, excessive detention, unlawful surveillance, violations of privacy, and impairment of the presumption of innocence. This article compares judicial prevention and criminal prevention and analyzes the principal institutions through which they operate during preliminary investigations. Using a descriptive-analytical legal method, the study examines the conceptual foundations, objectives, instruments, institutional structures, and legal limitations of both forms of prevention. The findings indicate that criminal prevention is a broad category encompassing judicial, police, administrative, social, situational, rehabilitative, and victim-oriented interventions, whereas judicial prevention is a more specific form of legally regulated prevention exercised through prosecutors, investigating judges, courts, and mechanisms of judicial supervision. Although the two approaches overlap in areas such as pretrial detention, victim protection, evidence preservation, no-contact orders, asset freezing, mediation, and prevention of recidivism, they differ in institutional scope, legal basis, methods, timing, and accountability mechanisms. The article argues that judicial prevention also performs an independent rights-protective function by controlling coercive governmental power and preventing procedural abuses. Effective prevention during preliminary investigations therefore requires coordinated participation by police authorities, prosecution services, judges, forensic institutions, victim-support organizations, social and health services, regulatory bodies, and defense lawyers. Such coordination must be accompanied by legality, necessity, proportionality, individualized risk assessment, access to legal representation, periodic judicial review, data protection, and institutional accountability. The article concludes that a legitimate preventive model must simultaneously protect public security, victims’ interests, procedural integrity, and the fundamental rights of suspects.

Crimes against Women in Iranian criminal law from the Perspective of the Convention on the Elimination of All Forms of Discrimination against Women

Ghassem Ghassemi iD , Maryam Jahanian ^* iD

The present study aimed to examine crimes against women in the Iranian criminal justice system from the perspective of the criteria and requirements of the Convention on the Elimination of All Forms of Discrimination against Women. The main issue of this study is to what extent the rules, institutions, and criminal procedures of Iran in protecting women victims are consistent with international standards and in what areas divergence is observed between them. The research method is descriptive-analytical and survey type. In the theoretical part, legal texts, international documents, and legal perspectives were analyzed, and in the field part, data were collected through a researcher-made questionnaire. The statistical population included law professors, attorneys, judges, and graduate law students in Tehran, from whom 210 people were selected through purposive sampling. Descriptive statistics including frequency, percentage, mean, and standard deviation were used to analyze the data. The findings showed that from the respondents' perspective, Iran's criminal laws are somewhat aligned with international standards in criminalizing some forms of violence against women and providing some form of support to female victims, but there is a significant gap in areas such as equality in criminal proceedings, women's judicial employment, how to deal with domestic violence, and eliminating structural discrimination. The majority of respondents also believed that jurisprudential, cultural, and legislative barriers are among the most important factors in perpetuating this gap. Overall, the results of the study indicate that achieving effective criminal protection for women requires legislative revision, modern jurisprudential interpretations, and strengthening political will to further align with international standards.

Opportunities and Challenges of Using Artificial Intelligence in the Pre-election Phase with an Emphasis on Iran's Legal and Electoral System

Davoud Mohebbi iD , Ali Amiri ^* iD

The spread of artificial intelligence has created new capacities for managing and improving electoral processes. The pre-election phase is considered one of the most important areas of use for this technology due to its role in the registration and verification of candidate and voter information, authentication, data management, combating fake news and misleading information, and identifying false activities in cyberspace. The present study, using a descriptive-analytical method and utilizing library resources, examines the applications of artificial intelligence in the pre-election phase, with an emphasis on the Iranian legal and electoral system. The findings of the study show that the use of artificial intelligence can help promote the health and efficiency of electoral processes by increasing the speed and accuracy of information processing, reducing human errors, strengthening monitoring, identifying abnormal patterns, and combating the dissemination of misleading information. On the other hand, algorithmic bias, lack of transparency and explainability, privacy violations, threats to data security, liability arising from algorithmic errors, and the possibility of restricting fundamental freedoms are among the most important legal and technical challenges of this technology. An examination of the status of Iran's legal system also shows that, although some existing regulations have enabled the use of new technologies, the lack of a comprehensive, dedicated framework for regulating the use of artificial intelligence in electoral processes remains evident. Accordingly, the legitimate and responsible use of artificial intelligence in the pre-election phase requires ensuring algorithmic transparency, accountability, human oversight, protection of personal data, and respect for citizens' fundamental rights and freedoms.

Interdisciplinary Studies in Society, Law, and Politics

About the Journal

Current Issue

Articles

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

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

Make a Submission

Editorial Board

Keywords

Language

Journal Archive

Average time from submission until

Statistics

Indexing & Abstracting