Public Law Researsh

The Interrelationship between the International Criminal Court and the Security Council in the light of 2010 Review Conference

sadeq salimi

Volume 16, Issue 43 , February 2015, , Pages 163-184

Abstract

  The interaction and interrelationship between the International Criminal Courtand the Security Council of the United Nations have always been one of thecontentious matters of the Court’s Statute. According to the Articles 12 and 13of the Statute which was codified in 1998, the Security Council ...  Read More The interaction and interrelationship between the International Criminal Courtand the Security Council of the United Nations have always been one of thecontentious matters of the Court’s Statute. According to the Articles 12 and 13of the Statute which was codified in 1998, the Security Council may refer a caseto the Court to investigate into the crimes committed by natural persons; in thiscase the Court will be qualified to hear even though the relative state(s) is not aparty to the Statute. Under the Article 16 of the Statute, the Security Councilmay request the Court to suspend, inquire or prosecute for a renewable periodof 12 months. This is a clear-cut political intervention in judicial affairs. In 2010Review Conference, the States Parties to the Statute reached an agreementunanimously on the definition of the Crime of Aggression and the circumstanceunder which the court may exercise jurisdiction over it. In spite of the oppositionof some of the permanent members of the Security Council, the exercise ofjurisdiction by the Court was not subjected to the approval of the SecurityCouncil; it indicates the determination of the States Parties to reinforce theauthority and independence of the Court

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Forum Prorogatum before the International Court ofد Justice: The Djibouti v. France Case (2008)

S.Ghasem Zamani; Soheila Kusha

Volume 14, Issue 38 , March 2013, , Pages 163-192

Abstract

  One of the aspects of international law for peaceful settlement of legal disputes is the consent of parties to the jurisdiction of international court of justice (ICJ). In this regard, the way this consent will be presented, is not important. By taking into account of this rule and jurisprudence of ...  Read More One of the aspects of international law for peaceful settlement of legal disputes is the consent of parties to the jurisdiction of international court of justice (ICJ). In this regard, the way this consent will be presented, is not important. By taking into account of this rule and jurisprudence of ICJ and short comings of statute of the court, there must be some other jurisdictions which are beyond those ones anticipated in the statute of the international court of justice (ICJ). For these reasons,there is another kind of jurisdiction which is called "Forum Prorogatum",in rules of the court. According to this kind of jurisdiction, the respondent can informimpliedly or expressly the court about its consent.Even after,filing an application by defendant in the registry of the court. It can be done impliedly by taking an action or participation in hearing without any objections or explicitly by sending a letter in this regard to the court. This kind of jurisdiction at first applied by [PCIJ] in the case of Mavrommatis Palestine concessions (Greece/ United Kingdom) and gradually finds its place in jurisprudence of the court. In a way that nowadays becomes a usual way of filling an application in registry of the court for exercising its jurisdiction. we will consider the latest judgment of court in case concerning "Certain Questions of Mutual Assistance in Criminal matters" (Djibouti /France) 4 June 2008 in this essay and discuss its challenges.

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Utilization of Ilisu Dam in Turkey and the Rules of International Water Law

Ali Navari

Volume 21, Issue 63 , December 2019, , Pages 163-190

https://doi.org/10.22054/qjpl.2018.27436.1687

Abstract

  International rivers that traverse the territories of different States are subject to their exercise of the principle of territorial sovereignty. Utilization of these rivers and performance development plans by each of the riparian States will have impacts which may affect the rights and interests of ...  Read More International rivers that traverse the territories of different States are subject to their exercise of the principle of territorial sovereignty. Utilization of these rivers and performance development plans by each of the riparian States will have impacts which may affect the rights and interests of other riparian States. Rules of international legal order relevant to international rivers have regulated legal relations among riparian States for the prevention of disputes and conflicts. Turkish government launched Güneydoğu Anadolu Projesi (GAP) and scheduled the construction of the Ilisu dam on the River Tigris. The operation of this dam in the future will diminish the Tigris water flow to the territory of lower riparian States such as Syria and Iraq. This diminishing effect indirectly plays an important role in developing arid and desert areas and leads to the intensification of dust haze, especially in Iran. This article examines international obligations of Turkish government with regard to the utilization of Ilisu dam.

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An Analysis of Criminal Jurisdiction over Peacekeeping Personnel

Amir Hossein Ranjbarian; Hoda Shakib Manesh

Volume 15, Issue 40 , September 2013, , Pages 167-198

Abstract

  On numerous occasions over the past decades, the United Nationspeacekeepers have been charged with various offences against thecivilian populations they are commissioned to serve. To render criminaljustice, exercising jurisdiction over the accused is a requirement.Agreements between States and the UN ...  Read More On numerous occasions over the past decades, the United Nationspeacekeepers have been charged with various offences against thecivilian populations they are commissioned to serve. To render criminaljustice, exercising jurisdiction over the accused is a requirement.Agreements between States and the UN prescribe that the peacekeepingpersonnel shall exclusively be subject to jurisdiction of the home States.further , the contributing States shall retain exclusive jurisdiction overviolation of International Humanitarian Law by peacekeeping forces. Thepresent article examines the criminal jurisdiction of national courts andthe obligation of home States to prosecute such offences, and it furtherattempts to discuss, inter alia, ICC role in this issue

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The Development of the Right to Hearing in Administrative Law of England

Ali Mohammad Falah Zadeh

Volume 15, Issue 41 , December 2014, , Pages 169-206

Abstract

  AbstractNowadays the Right to Hearing has become a part of procedural justice and good administration. “Hearing” in administrative law is significantly affected by the context in which it takes effect. In English administrative law the distinction between judicial and administrative decisions, ...  Read More AbstractNowadays the Right to Hearing has become a part of procedural justice and good administration. “Hearing” in administrative law is significantly affected by the context in which it takes effect. In English administrative law the distinction between judicial and administrative decisions, and the separation between rights and privileges have imposed a number of limitations on Hearing. Such limitations tend to diminish  in 70s  though still linger on thus far.  To tackle the issue, English administrative law besides recognition of the right to fair treatment provided for “legitimate expectations” in its legal body of rights and privileges which in turn helped developing the Hearing concept. Moreover ,the developmental approach taken by the European Human Rights Court has progressively affected  Hearing  in English administrative law. Iran’s administrative law however, suffers deficiencies in this area. Despite Iran’ Court of Administrative Justice’s progressive approach towards Hearing concept, the decisions taken by the same yet seem to suffer Legal and judicial vacuum.

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Bz·hḵạry and political environment in Jawame whole ting Situation Made France

RIMOND GASEN

Volume 8, Issue 19 , December 2006, , Pages 171-186

Abstract

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The Impact of Human Rights on Contract Law in the Light of European Case Law

yousef molaei; ebrahim shoarian

Volume 15, Issue 42 , January 2015, , Pages 173-190

Abstract

  Despite of the fact that the principle of freedom of contract has made it possible forthe parties to reach the agreement with free will and full authority, the experience hasshown that the contractual balance between the parties has been impaired by thepassage of time and scientific and industrial advancementso ...  Read More Despite of the fact that the principle of freedom of contract has made it possible forthe parties to reach the agreement with free will and full authority, the experience hasshown that the contractual balance between the parties has been impaired by thepassage of time and scientific and industrial advancementso as to it has brought theissue of weak and strong party in many contracts andconsequentlyhas made it difficultfor law-makers and jurists to establish the balance between the parties.Since long before, due to the various reasons, the protection of the weaker party ofthe contracthascaused the distance of some parts of private relations from the ambitof private law; protecting the employee in the labor contract is a good example hereto be mentioned. Nevertheless, it seems that there is no end point for such amovement and the rules of human rights are attempting to take further stepincontrolling the rules of private law. Human rights that has already shown itseffectiveness in constitutional and criminal law, is striving to inter into the scope ofprivate law including contract law through the expansion of its basic rulesin orderto show that it is not merely a monitor of the parties’ contract. On the contrary, itwill protect the basic rules of human rights wherever it is required.Nowadays, human right is not considered as a mere protector of individuals againstgovernments. Conversely, the impacts of human rights on contract law have beenacknowledged both by case law and scholars, specifically in the European legalsystem. Our legal system is not familiar with this phenomenon but the presentessayattempts only to broach the issue and provide the basis for further developmentof the concept in our legal system.

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Civil power role in foreign policy

hossein harsij; Maryam seyedi

Volume 9, Issue 22 , December 2007, , Pages 173-203

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Public participation in decision making people

rahamatollah gholi por; RASOL rasaii fard; bahram dastan

Volume 10, Issue 24 , August 2008, , Pages 179-200

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Political Obligation: An Introduction to moral principles of the Interrelations between the Individual and state

Siavash Jafari

Volume 8, Issue 21 , December 2006, , Pages 183-209

Abstract

  Each one of us is lelong to the special political society. The nature of our polity and its laws, institutions, and values, as well as type character of the interrelations between us with the political institutions specially the state has naturally a main role in our individual and social life. The ...  Read More Each one of us is lelong to the special political society. The nature of our polity and its laws, institutions, and values, as well as type character of the interrelations between us with the political institutions specially the state has naturally a main role in our individual and social life. The political obligation is a expression that is used more in the political philosophy and is the representative of the principally moral ties and the commitments associate us with the state and the political society. The author (of this article) tries to reveal the theoretical and conceptual principles of the political obligation specially its moral content, and show the political obligation is the moral concept and the mutual relation between the individuals and the state:

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public law of comminicationL:an indesipt in ARY FEILD

NASER ALI MANSORIOAN

Volume 13, Issue 35 , January 2011, , Pages 183-204

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Public Law

Living Constitution; History and Approaches

Faeghe Chalabi; Seid Hossein Malakooti Hashtjin; Mohammad Reza Mojtehedi; Ayat Mulaee

Volume 24, Issue 75 , September 2022, , Pages 183-216

https://doi.org/10.22054/qjpl.2022.59956.2605

Abstract

  The constitution should be a symbol of flexibility in the face of social challenges. In most constitutions, it is possible to amend the constitution through a formal revision. The difficulty of the formal reform process has led constitutionalist democracies to believe that a formal revision of the constitution ...  Read More The constitution should be a symbol of flexibility in the face of social challenges. In most constitutions, it is possible to amend the constitution through a formal revision. The difficulty of the formal reform process has led constitutionalist democracies to believe that a formal revision of the constitution cannot be the only way to achieve the desired goal of meeting the constitution with the needs of society, parties, and people on the constitution in the constitutional law. In this respect, two approaches of originality and dynamism are noteworthy. The controversy between the originalists and the dynamic constitution suggests that in addition to the formal method, constitutions can be reviewed and changed informally. In this article, the concept and principles of the dynamic constitution as a new theory, survey the limits of living constitution interaction in the face of the originalist constitution, the relationship between the living constitution and the legitimacy of the political system, and its confrontation with the rule of law are examined. The main goal of this article is to provide the basis for further research and localization of the present theory by examining the dimensions and challenges of the forthcoming issue to address the shortcomings of the Iranian constitution in the face of the current challenges of the constitution.

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Responsibility of the State or the Government? Explaining Its Foundations in Light of Islamic Jurisprudence (Fiqh) and Iranian Penal Code

Hamid Mohammadi

Volume 20, Issue 62 , July 2019, , Pages 185-215

https://doi.org/10.22054/qjpl.2019.37371.2004

Abstract

  The criminal responsibility resulting from other’s behavior has been recently constituted in Iranian criminal system which has been ratified in the Article 142 of the Islamic Penal Code on April 21, 2013. Thereby, such a responsibility has been based on the letter of law. In Iranian criminal system, ...  Read More The criminal responsibility resulting from other’s behavior has been recently constituted in Iranian criminal system which has been ratified in the Article 142 of the Islamic Penal Code on April 21, 2013. Thereby, such a responsibility has been based on the letter of law. In Iranian criminal system, paying the blood money (diya) is one of the penalties. Therefore, it can be said that rational responsibility, crime responsibility guarantee for the other party, responsibility of the State and responsibility of the government in paying the blood money and compensating damages out of the treasury to the victim are the types of responsibilities resulting from other’s behavior regardless of the fact that such responsibilities are seemingly of civil nature. What is being discussed in the article is whether, regarding the Islamic nature of the ruling system in Iran and the matter of facts and the history of government in Islam and the spirit of the principles of the Constitution and the teachings of public law, and indeed in these cases, is the responsibility with the State or the government?

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Immunity from seizure of public properties in Iran; A critical and comparative Approach

Hasan Lotfi

Volume 19, Issue 56 , December 2017, , Pages 84-108

https://doi.org/10.22054/qjpl.2017.12522.1299

Abstract

  الف) فارسی کتاب­ها -        پاهکیده، امین، (1392)، تشریفات ویژه رسیدگی به دعاوی دولت در آیین دادرسی مدنی ایران، تهران: جنگل. -        رفیعی، ...  Read More الف) فارسی کتاب­ها -        پاهکیده، امین، (1392)، تشریفات ویژه رسیدگی به دعاوی دولت در آیین دادرسی مدنی ایران، تهران: جنگل. -        رفیعی، علی، (1390)، اجرای احکام مدنی علیه دولت، تهران: فکرسازان. -        شهری، غلامرضا، (1393)، حقوق ثبت اسناد و املاک، چاپ چهلم، تهران: جهاد دانشگاهی. -        طباطبایی مؤتمنی، منوچهر، (1390)، حقوق اداری، چاپ شانزدهم، تهران: سمت. -        مردانی، نادر و محمد قهرمان، (1390)، اجرای احکام مدنی و احکام و اسناد لازم‌الاجرای خارجی در ایران، تهران: میزان. -        مهاجری، علی، (1392)، شرح جامع قانون اجرای احکام مدنی، جلد اول، چاپ هفتم، تهران: فکرسازان.   مقاله­ها -        رستمی، ولی و کیومرث سپهری، (1389)، «اجرای احکام مدنی علیه اشخاص حقوقی حقوق عمومی؛ موانع و راهکارها»، حقوق، دوره 40، شماره 2. -        مردانی، نادر و محمدمجتبی رودی جانی، (1385)، «استثنائات وارده بر توقیف اموال در قانون اجرای احکام مدنی»، مجله کانون وکلا، شماره 192 و 193.     ب) فرانسوی کتاب­ها -        Auby, Jean Marie; Bon, Pierre et Jean Bernard Auby, (2003), Droit administratif des biens, 4e éd., Dalloz.   -        Batselé, Didier; Mortier, Tony et Martine Scarcez, (2010), Manuel de droit administratif, Bruxelles: Bruylant.   -        De Laubadére et Yves Gaudemet, (1998), Traité de droit administratif, tome 2, 11e éd., L.G.D.J.   -        Long M., Weil P., Braibant G., Delvolvé P. et B. Genevois, (2005), Les grands arrêts de la jurisprudence administrative, 15e éd., Dalloz.   مقاله -        Kolongele Eberande, Désiré-Cashmir, (2014), “Immunité d’exécution, obstacle à l’exécution forcée en droit OHADA contre les entreprises et personnes publiques?”, Revue Juridique et Politique des États Francophones, Vol.68, N.2.   گزارش -         Gaudemet, Yves et Laurent Deruy. (2004). Rapport de groupe de travail consacré à la valorisation des biens publics, L’institut de la gestion déléguée, Disponible en: http://www.fondationigd.org/files/pdf/La%20valorisation%20des%20proprietes%20publiques%206.pdf.         ج) اسپانیایی کتاب­ها -        Almerco, Sara Ccopa. (2004). El Dominio Publico; Su Desafectacion, Pontificia Universidad Catolica del Peru.   -        Alzate Rios, Luis Carlos. (2011). Temas de Derecho Procesal Administrativo Contemporáneo, Universidad La Gran Colombia.   -        García, Esteban Corral y José Antonio López. (2006). Reglamento de Bienes de las Entidades Locales, 3.a Edicíon, Madrid: Wolters Kluwer Espaňa.   -        Gordillo, Agustín A. (1967). Derecho Administrativo de la Economía, Vol.1, Ediciones Macchi, Universidad La Gran Colombia.   -        Murillo, Roberto Jiménez. (2005) La Constitución Comentada; Análisis Artículo por Artículo, Editado por Walter Gutierrez, Gaceta Jurídica. -        Navarro, Fernando Martos. (2005). Grupo B de Administración General de la Generalitat Valenciana, Vol.1, Sevilla: Editorial Mad. مقاله­ها -        Alvarado Esquivel, Miguel de Jesús. (2008). “Puntos Críticos en la Ejecución de las Sentencias de Amparo”, La Ciencia del Derecho Procesal Constitucional; Estudios en Homenaje a Héctor Fix- Zamudio, Vol.5. Universidad Nacional Autónoma de México.   -        Gómez-Acebo y Pombo Abogados. (2012). “¿Embargabilidad ó Inembargabilidad de los Bienes Patrimoniales?” Revista de Estudios Locales, Núm.147.   -        Hutchinson, Tomás. (2007). “La Ejecución de Sentencias Contra el Estado en Argentina,” en: Jorge Fernández Ruiz (coord.), Contencioso Administrativo, Culturas y Sistemas Jurídicos Comparados, México: Universidad Nacional Autónoma de México.   -        Puigpelar, Oriol Mir. (1999) “¿El Fin de la Inembargabilidad de los Bienes Patrimoniales de las Administraciones Públicas?” Autonomies, Núm.25.  

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Temporary detention review hearing on the law approved in 78

HASSAN ALI MOAZEN ZADEGAN

Volume 3, Issue 4 , April 2001, , Pages 115-153

Abstract

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Scarcity Value testimony in private legal

HASSAN SFAII

Volume 6, Issue 13 , December 2004, , Pages 133-157

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Legal Pluralism Reflection on the of Binding Nature of Legal Rule and Parameters of the Evolution of Legal System

Mehdi Shahabi

Volume 17, Issue 48 , December 2015, , Pages 135-163

https://doi.org/10.22054/qjpl.2015.1758

Abstract

  Legal pluralism can be limited to formal and technical analyses; it could mean the governing of different legal mechanism to identical situations. Meanwhile, this meaning of legal pluralism hinders the judgment of all realities of the legal system and its development. Legal pluralism should not be investigated ...  Read More Legal pluralism can be limited to formal and technical analyses; it could mean the governing of different legal mechanism to identical situations. Meanwhile, this meaning of legal pluralism hinders the judgment of all realities of the legal system and its development. Legal pluralism should not be investigated on the legal mechanisms level, but rather in the foundations and origins of the legal rules. This meaning of legal pluralism can be vertical or horizontal. Vertical pluralism is accepting several foundations in the same lenght, and lower foundation obtains its validity from higher foundation. It is horizontal when several foundations are in same width and no foundation doesn’t obtain its validity from other foundation and they are independent. In any case, both types of pluralism lead to substantive diversity of legal rules. Legal pluralism also provides for development in the legal system and most importantly justifies the evolution from traditional law to modern law and from modern law to postmodern law.

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Election molding theory and organizations , asking international

homeira moshirzadeh

Volume 12, Issue 28 , April 2010, , Pages 135-158

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Kant and sustainable peace in the world today even Patronage

seyad ali mahmoudi

Volume 8, Issue 20 , April 2006, , Pages 135-176

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Review canon law magistrate determined based contracting mail

MOSTAFA ELSAN

Volume 8, Issue 19 , December 2006, , Pages 139-171

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Children's rights amidst mkhạṣmạt

MOJTABA MOROVAT

Volume 8, Issue 18 , February 2006, , Pages 139-179

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دیوان داوری دعاوی ایران - امریکا مظهر برخورد دو تمدن در عرصه حقوقی

NASERALI MANSOORIAN

Volume 3, Issue 5 , January 2002, , Pages 144-174

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the comprative study of situation of prosecutor and his(or her) impratility to evidences favor and against accused in Iran and U.S law

hassanali moazenzadegan; sirous zargham nezhad

Volume 14, Issue 37 , June 2012, , Pages 147-170

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Us Unilateral Sanctions Against Iran; Contradiction in Slogan and Conduct, Extreme Politisization of Human Rights

Seyd Fazollah Mousavi; Fazllolah Jokar; Omran Mohammadi

Volume 16, Issue 44 , February 2015, , Pages 149-173

Abstract

  Human rights as a prominent discourse has gained so much weight in International area and governments legitimacy is generally and increasingly evaluated upon the extent to which they adhere to its rules and principles. Almost all and any conduct in international relations is to comply with human rights ...  Read More Human rights as a prominent discourse has gained so much weight in International area and governments legitimacy is generally and increasingly evaluated upon the extent to which they adhere to its rules and principles. Almost all and any conduct in international relations is to comply with human rights including sanctions are imposed by UN Security Council and embargoes have been set unilaterally by states.  Islamic Republic of Iran for long confronted with embargoes unilaterally imposed by USA and EU. These embargoes have been expansive with serious adverse effects on the nation. This paper is aimed at finding whether sanctions may lead to violation of human rights in Iran and as far as  Iranian nationals  are concerned, which category of human rights are so violated? The hypothesis here is that the US unilateral embargoes have in different ways led to violation of human rights in Iran.

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Psychiatric reform idea

morteza mardiha

Volume 6, Issue 10 , May 2004, , Pages 151-179

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