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Mojtaba Mireh Gini
International Law, Islamic Azad University, Central Branch, Tehran
Agriculture, Biological Sciences & Forestry Biochemistry, Genetics & Molecular Biology Civil Engineering, Building, Construction & Architecture Physics Transportation

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Cyber-attacks Based on Legal Requirements and International Relations of Governments Maryam Sedaghat; Mojtaba Mireh Gini
Budapest International Research in Exact Sciences (BirEx) Journal Vol 1, No 2 (2019): Budapest International Research in Exact Sciences, April
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birex.v1i2.229

Abstract

Nowadays, the change in the scope of power from hard power to soft power has also shifted the process of military attacks to cyberattack. Cyber-attacks, like armed attacks, must fit into the framework of humanitarian law. Therefore, government responsibilities are also determined based on these changes, and as governments have responsibilities in military strikes, their responsibilities for cyberattacks should also be identified. Therefore, the present study makes use of analytical-descriptive method based on existing documents to examine this issue. Ultimately, the present study concludes that a cyberattack could be described as armed use of force in accordance with Article 2 (4) of the United Nations Charter. On the other hand, a widespread cyberattack on the basic infrastructures that causes material damages or casualties comparable to an armed attack with conventional weapons, gives the affected government the right to seek legitimate defense. Also, governments can resort to legitimate defense in response to a cyberattack that does not amount to an armed attack but provides the settings for an impending armed attack with conventional weapons.
A Review of Inconvertibility of Iran Nuclear Deal into an International Treaty Mojtaba Mireh Gini; Maryam Sedaghat
Budapest International Research in Exact Sciences (BirEx) Journal Vol 1, No 2 (2019): Budapest International Research in Exact Sciences, April
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birex.v1i2.230

Abstract

International treaties become legal rules based on a social reality. The lawyers are convinced that JCPOA (Joint Comprehensive Plan of Action) is something novel and this has led them to identify the type of this agreement and to understand the scope of the requirements and obligations of the parties to the negotiations. The present study, based on analytical-descriptive method and by using the documents available in this field, has examined the differences and reasons for not converting Iran’s nuclear deal into an international treaty, and by understanding the nature of this contract, ultimately concludes that such an agreement, because it is more political in nature based on the distribution of power and the power equation in the international arena rather than having a legal nature, therefore it cannot be converted into an international treaty.
Co-Authors Maryam Sedaghat