The State
Masoud Akhavan Kazemi; Golnaz Narimani
Abstract
A few historical governments have existed for a long time, but the government is relatively old and lasts up to a few centuries, especially in its modern form. A modern government is an organization that controls legal law and applies it legitimately. The government is the only organization with the ...
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A few historical governments have existed for a long time, but the government is relatively old and lasts up to a few centuries, especially in its modern form. A modern government is an organization that controls legal law and applies it legitimately. The government is the only organization with the authority and right to use legitimate violence. Throughout history and during the past eras, many governments have been formed in all parts of the world, and each of them has reached the point of collapse after some time. Although the existence of the state is more durable and survival compared to the government, and in other words, it is "more or less than ever," the specific policies of the formation of the states are taken into consideration. However, the point is under what conditions they fall apart; it has received less attention from researchers. This article aims to answer the question, under what conditions can a government be destroyed or collapsed?To find the causes and factors of the collapse and fall of governments, the current research, using the theories of systemic analysis, besides explaining the various forms of government collapse, examines all the internal and external factors and factors of the collapse of a government. To understand this issue, it has been taken from systemic analysis; systemic analysis refers to a point of view that can be used to investigate and analyze a phenomenon. Systemic analysis leads to a better understanding of phenomena and avoids reductionism. In recent decades, system analysis has been proposed as an efficient tool for new sciences and specialized supplementary studies in various social fields in scientific and academic circles. This causes a general and multifaceted understanding of why and the phenomena and events governing behavioral affairs.In systemic analysis, the political system, as an intellectual system, has several subsystems. A crisis in any of these subsystems, including the economic or political subsystem, can lead to the fragility and collapse of the government. In this view, the government is a set of interconnected and systematic elements and propositions. Disruption in any of these elements can lead to the collapse or destruction of the state.In addition to the internal connection between its components, the government as a system also has a connection with external changes at different and numerous levels. The state has the property of food with its external elements. As a result of these connections between the government and the environment and the actions and reactions between them, differences or imbalances occur in the government system.In a general classification, the collapse and disintegration of governments can be classified in the form of two main categories—external factors and factors and internal factors. External factors deal with the relations between the government and other countries in the international community. The second category also refers to the relationship between the government and its internal society. It is essential to mention that these two groups of factors influence each other, and a change in the intensity and weakness of one causes a change in the intensity and weakness of the other. This means that the collapse of the government extends from the internal situation to the foreign relations of the troubled government. Also, the weakening of foreign authority substantially impacts its internal stability.Research studies indicate that at the external level of the government system, essential factors such as war and foreign invasion, climate change, the pressures of powers and economic sanctions, and issues of a succession of governments can become the fragility of the government and against it. It will eventually collapse. In the internal dimension, crises in three subsystems, political, economic, and social, can turn into the collapse of the government. In other words, factors such as political crises and the distortion of governance, economic crises such as inflation and damage, and social issues such as the crisis of failure to start and the crisis of participation are the main factors affecting the collapse and disintegration of a government. The weakening, incapacity, decline, and decay of governments either due to external factors, in the economic forms of political policies and foreign invasion and war, and in some cases, due to climate change and the succession of governments to another place. It occurs or results from internal changes in the political, economic, and social structure, civil wars, accumulation of crises, and loss of internal legitimacy.
Homayoun Habibi; Khodayar Saeedvaziri
Abstract
Blockchain, as a new technology that has created the third generation of the internet or WEB3.0 in combination with the internet, has caused significant impacts on various dimensions of social life, including governance, and it can boldly be said that what we have seen from its effects on Westphalian ...
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Blockchain, as a new technology that has created the third generation of the internet or WEB3.0 in combination with the internet, has caused significant impacts on various dimensions of social life, including governance, and it can boldly be said that what we have seen from its effects on Westphalian sovereignties is just the tip of the iceberg. Blockchain, with the help of its seemingly simple features of consensus, decentralization, and anonymity of users, has created a revolution in the communication among citizens worldwide, bringing what Mc Luhan called the global village closer to reality, beyond the control of governments. In this article, with a library method, we seek to find answers to questions about the opportunities and challenges that this new phenomenon has created and will create for governments.In fact, we are witnessing the governments weakening in the face of emerging phenomenon of blockchain, as part of the exercise of government is being taken over by individuals without the need for the government and using the blockchain platform. Governments also have no longer control and supervision over individuals operating within their own jurisdiction and doing so without revealing their identities because the design of blockchain allows users to operate under aliases and not to disclose personal information such as their name or email to use blockchain-based software.Behind this technological influence, naturally, as with any other technology that embraces social and political changes, there is a particular philosophy and worldview, and the main core of this idea in the use of blockchain to challenge governance should be considered as a philosophy called crypto anarchism, which was born over a decade ago before the birth of blockchain technology. The goal of this idea is to eliminate the need for intermediaries and regulators in the economic relations of citizens and to avoid any kind of dependency on them as much as possible. According to the power-averse cryptographers, this idea can be implemented by a decentralized and independent blockchain system.However, the degree of decentralization and the change in the concept of governance depends on how much and in what way this technology is utilized. In this regard, cryptocurrencies as one of the blockchain-based tools have provided an opportunity to create an independent economic system free from government and political borders that is impossible for governments to supervise and reduce their power to control monetary and fiscal policies as well as taxation.Amid all this, like any other technology, this technology has had unwanted consequences besides desirable results, including the reduction of the control of regulatory bodies on organized crimes like financing terrorism and money laundering, which have been facilitated by the use of cryptocurrencies and blockchain technology, and the support of criminals and terrorists. We have also witnessed an increase in organized financial crimes such as money laundering. For instance, in January 2014, the Federal Court of New York charged one of the most famous figures in the Bitcoin ecosystem, Charlie Shrem, with money laundering, accusing him of providing Bitcoins to users of an online underground market called "Silk Road", where various illegal items such as drugs, weapons, human trafficking, etc. were traded, and Shrem was the exchange broker for cryptocurrencies in this market.All of the above has led most international and national financial institutions to seek management and control of the space created around cryptocurrencies and, more broadly, the control of blockchain technology.In December 2013, the European Banking Authority issued a public warning to consumers and the general public stating that unregulated digital currencies pose various risks, including the potential loss of funds by users, as long as there are no regulations in place to protect them. Many other international and regional entities have also taken this path.In general, it should be said that although the weakening of borders and territorial sovereignty began with the expansion of the internet, the creation of blockchain technology should be considered a revolutionary movement against Westphalian sovereignty. Today, the issue is not just about performing certain tasks without regard to borders, but also about addressing many of society's needs through this method. When we consider the fact that we are still at the beginning of a long road in blockchain technology, we can envision the future in line with the ideals of crypto anarchism ideologues. Today, we are witnessing a growing movement towards the development of blockchain-based activities in both the private and government sectors. However, there are also challenges and difficulties on the path towards progress in this field, including the ongoing North-South gap in access to information technology and necessary infrastructure among countries. Ultimately, we must recognize that although blockchain has had a tremendous impact on challenging sovereignty, and it is predicted that this impact will only increase in the future, even the success of what is considered ideal by blockchain developers does not undermine sovereignty, but only affects effective governance.
Yaser Ghahremaniafshar; Kheirollah Parvin
Abstract
Modernization of governance and the attainment of collective enthusiasm and participation in political decision-making began since the fundamental shift of sovereignty from the Sultan to people. The modern state, as a descendant of ancient forms of governance, defines its sovereignty based on human wisdom ...
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Modernization of governance and the attainment of collective enthusiasm and participation in political decision-making began since the fundamental shift of sovereignty from the Sultan to people. The modern state, as a descendant of ancient forms of governance, defines its sovereignty based on human wisdom rather than spiritual sources. As a claimant to the divine and popular sovereignty, the Islamic Republic of Iran (IRI)—within the Constitutional Law—has recognized its own political–legal framework based on revelation and jurisprudence. Yet as a political entity in international politics and relations, the IRI cannot remain indifferent to the necessities of the modern world, especially when it comes to political and legal systematization. As a result, the IRI has also used modern methods of governance to organize the country legally and politically as well as to manage public affairs. Since state and modernity are pluralistic phenomena in intellectual and political systems, there are differences in the way the components of the Modern are recognized. Taking this as its central topic, the present study used a descriptive–explanatory and prescriptive approach as well as the library data to analyze the constituting components of state. The main finding is the fact that the difference lies in the normative basis and genesis of the two legal systems.
Mahdi Moradi Berelian; Ali Akbar Gorgi Azandariani
Abstract
This article aims to present a narrative of the modern state that has five essential elements without which there would be no modern conception of state. The abstract personality of the state, sovereignty, modern subjectivity, and the creation of a dedicated citizen, the expansion and manifestation of ...
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This article aims to present a narrative of the modern state that has five essential elements without which there would be no modern conception of state. The abstract personality of the state, sovereignty, modern subjectivity, and the creation of a dedicated citizen, the expansion and manifestation of sovereignty volition within the law are the foundations of the modern state. At the same time, this study examines earlier identities for a specific purpose in order to prove that despite the various challenges to these identities, they can still be sustained in the modern state. The text also seeks to point out in a disconcerting way in the current scientific discourse that some of the features listed for the modern state in these discourses are in fact due to the error of unification of the concepts of state and government. From the library sources and the application of a descriptive and analytical approach, the following questions are answered: (1) What are the features of the modern state conception? (2) Can government and state be regarded as identical phenomena? What are the outcomes of this synergy between the two for modern state concept (3) Despite challenges such as the formation of the European Union, human rights, postmodernism and globalization can still claim the viability and durability of modern state identities, and in particular the gem characteristic of sovereignty?
S.Ghasem Zamani
Abstract
Abstract Purpose: Contemporary international law has faced many new challenges. The expansion of modern objects as State-terrorism and the growth of new subjects such as new actors could be considered as some recent aspects of this evolution. In this framework the event of non-state actors because of ...
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Abstract Purpose: Contemporary international law has faced many new challenges. The expansion of modern objects as State-terrorism and the growth of new subjects such as new actors could be considered as some recent aspects of this evolution. In this framework the event of non-state actors because of some problems has changed the allocation of rights and duties and the balance of power between different actors in international community. Although in this environment, the states are still the most significant component of international law and international relations, the modern phenomena could cause new conceptions. The most widely accepted source for definition of statehood is the Montevideo Convention of 1933, which includes the traditional preconditions. According to this convention there are four criteria for States such as a permanent population; a defined territory; government; and the capacity to enter into relations with other entities. The purpose of this article is to focus on the different elements of a State and to answer the question whether DAESH could be considered as a State in international law? And Whether DAESH could expand its legal personality in order to be considered as a State? Design: To answer the main challenges of this essay, it will break up into sections; first, after examining the elements of states in accordance to existing documents and recent practices of various actors, we will consider DAESH, the foundations and the structural basis of creation and its practice in international law. In this section, we will also examine the capabilities by which DAESH may obtain a modern position in international relations. Second, we will consider the characteristic features of DAESH including violation of some fundamental principles of international law such as human rights and humanitarian law. Third, we will scrutinize the role and the responsibility of others before DAESH. In this section, the situations by which international community could overcome the challenges of this new actor in the best manner may also be examined. Finally we will explain the resolutions and the documents issued by some competent organizations such as some human rights organs and also the United Nations and especially those of the Security Council in condemnation of international and domestic practices of this group. Finding: Many international rules and principles have been violated by DAESH in Syria and Iraq. Some reports and comments by human rights commissions and non-governmental organizations show that DAESH has committed many heinous acts such as murder, extermination, slavery, deportation or forcible transfer, torture, grave breaches of the Geneva Conventions and other rules of international humanitarian law. Many of the crimes could be considered as those criminalized by International criminal court as the crimes against humanity, war crimes and genocide. Taking a look at some recent resolutions of the Security Council and paying enough attention to the international and domestic practice of DAESH are some legal facts to prove the premise of this query.
