Valiollah Noori; Seyed Ghasem Zamani
Abstract
In the past, most armed conflicts were international, but today armed conflicts often are non-international and internal conflicts. However most of international armed conflicts rules are about international armed conflicts and some of them regulate non-international conflicts. Applicability of some ...
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In the past, most armed conflicts were international, but today armed conflicts often are non-international and internal conflicts. However most of international armed conflicts rules are about international armed conflicts and some of them regulate non-international conflicts. Applicability of some of international humanitarian law rules to this kind of conflicts is doubtful. One of these rules is the principle of proportionality.
This principle means that incidental and consequential damages resulting from an attack against civilians or civilian objects should not exceed the direct military advantage expected of the attack. 1977 Additional Protocol II to the 1949 Geneva Conventions which deals with the rules governing non-international conflicts has not referred to this principle. However, in accordance with what is discussed in this paper, the principle of proportionality is applicable to these conflicts.
Abstract
Delay or cancellation of flights due to airline’s bankruptcy will impose some damages on passengers such as the financial burden of purchasing a ticket usually more expensive than the first one, accommodation fees, carfares and other related expenses. In different countries, as well as the european ...
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Delay or cancellation of flights due to airline’s bankruptcy will impose some damages on passengers such as the financial burden of purchasing a ticket usually more expensive than the first one, accommodation fees, carfares and other related expenses. In different countries, as well as the european countries, due to necessity of consumer protection and importance of attracting new passengers, which is the fundamental element and requirement to survive in the aviation industry, finding a support mechanism in order to compensate such passengers is at the forefront.
First category, known as the preventive or precautionary protection, is the responsibility of the governments to provide a proper supervision on two aspects of general financial adequacy of the airline and also airline’s responsibility to provide compensation in case of bankruptcy. Contributory protection, the second category, is for the time of bankruptcy so that the damaged party, in this case the passenger, can receive adequate compensation using insurance policies, mid-airline contracts and credit card policies. Acceptance and implementation of the guideline, as an important and necessary issue in our aviation industry, will protect air passenger rights.
Abstract
This paper explains the status of jurisprudence and legislation as the main sources of law in common law and written law traditions. It is argued that lawyers’ attitude toward aforementioned sources within both traditions has changed during recent decades. Indeed, plurality of the legal sources ...
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This paper explains the status of jurisprudence and legislation as the main sources of law in common law and written law traditions. It is argued that lawyers’ attitude toward aforementioned sources within both traditions has changed during recent decades. Indeed, plurality of the legal sources has been recognized gradually due to relative advantages of both sources. It is maintained that judicial lawmaking can be deemed as complementary source of law alongside legislation. In practice, based on this premises, it is explained that in some jurisdictions, lawyers and legal scholars within written law tradition have recognized more important role of jurisprudence in their lawmaking process. Traditional views towards the role of the judges as mere interpreters of Statutes have changed and their constructive role in developing the legal system as lawmakers has been recognized. It is claimed that decentralized lawmaking (or law finding) system is more appropriate for liberty and market oriented economy. It is believed that judge made law is more efficient than legislation. In contrast, supporters of legislation emphasis on some values such as certainty, clarity and predictability of law making through legislation. Finally, it is suggested that status of jurisprudence within domestic legal system shall be reviewed by Iranian lawyers.
Abstract
Hallaq’s answer to one of the most controversial questions is simple and categorical: the Islamic State, judged by any standard definition of what the modern State represents, is both impossible and contradictory in terms. Hallaq’s preference of the Hobbesian-Schmittian reading of modern ...
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Hallaq’s answer to one of the most controversial questions is simple and categorical: the Islamic State, judged by any standard definition of what the modern State represents, is both impossible and contradictory in terms. Hallaq’s preference of the Hobbesian-Schmittian reading of modern state, beside his legendary rather than historically realistic account of Muslim’s governance, led him to the above definite and categorical conclusion. Given the importance of this theory, we shall, in this article, explore an alternative explanation for the Modern State by examining its new Kantian reading, in which there exists an original room for the rule of law, as well as the genuine respect of human dignity.
Abstract
The right to be forgotten is a relatively recent concept raised in the European Union and the United States. This right authorizes people to require deletion of information and data published on internet with their consent or by third parties; if a person applies this right, the others may not follow ...
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The right to be forgotten is a relatively recent concept raised in the European Union and the United States. This right authorizes people to require deletion of information and data published on internet with their consent or by third parties; if a person applies this right, the others may not follow them via search engines and with the passage of time, different social stigma are not affixed to them. This right is not absolute and must be considered in conjunction with other rights such as freedom of expression and media freedom. Therefore, it is necessary, based on specific circumstances of each case, to determine, whether a deletion request is justified. This article, through a descriptive-analytic method, has studied this issue in the legal systems of the European Union, the United States, Iran and Imamia jurisprudence and concluded that in Iran, such right does not clearly exist and its legal recognition is necessary.
Hajar Raee Dehghi
Abstract
The treaty as an International document has a close connection with the custom. Article 10 of the Statute of the International Criminal Court referred to the possibility of coexistence between the custom and treaty. This question arises that whether the International Criminal Court is obliged to follow ...
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The treaty as an International document has a close connection with the custom. Article 10 of the Statute of the International Criminal Court referred to the possibility of coexistence between the custom and treaty. This question arises that whether the International Criminal Court is obliged to follow the custom subsequent the statute? And can other courts and tribunals consider the custom subsequent the Statute of the Tribunal or are they subject to the Statute? In addition, the association of the Statute with the custom is important. Furthermore, the question of the executive scope of this Article; the existing and developing rules of international law; and the position of the principle of the legality of crimes and punishmemts, and its compulsory effect i.e. the non-retroactive principle will arise.
It is concluded in this paper that upon insertion of Article 10 into the Statute,a communication tactic between the rights contained in the Rome Statute and the rights outside of the Statute has been created in order to enhance the development of International Criminal Law and the subsequent custom.
Mojtaba Nazif; Alireza Zaheri
Abstract
The analysis of JCPOA from an international point of view suggests that it would remain an imprecise as well as a misleading question whether JCPOA is considered to be a political agreement or a treaty. This question is generally posed because it applies a domestic approach on international agreements. ...
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The analysis of JCPOA from an international point of view suggests that it would remain an imprecise as well as a misleading question whether JCPOA is considered to be a political agreement or a treaty. This question is generally posed because it applies a domestic approach on international agreements. Thus, in this article, a study was made on the way the variables of an international agreement were drawn upon so that they could yield the desired results intended by the negotiators. Since a set of specifically modeled elements were applied in JCPOA by the involved parties, it functions far more efficiently in terms of format, implementation, and dispute settlement mechanism, rather than a treaty in an international arena. In view of the content, the agreement draws on a system in order to execute its long-term commitments and though it is not known yet whether JCPOA is admissible or not, over judicial system, the current procedures have the potentials to do so. As such, it appears that JCPOA proves itself as one of the examples of the international agreements transforming from the classical approaches into modern ones which put more emphasis on their efficacy and enforcement mechanism.
Abstract
Iran's electricity market is passing its second decade of activity and achieving the goals of this market depends on the existence of a process called "competition" to provide suitable structures for economic growth and development. Achieving this, requires an ordered and legal organization which formulates ...
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Iran's electricity market is passing its second decade of activity and achieving the goals of this market depends on the existence of a process called "competition" to provide suitable structures for economic growth and development. Achieving this, requires an ordered and legal organization which formulates behavioral rules, provides the competition environment and eliminates monopoly to increase efficiency and quality of the service. "Regulation Board of Electricity Market" is the main regulatory agency in electricity market in Iran. This paper aims to investigate the similarities and differences of this organization and similar organizations in the United States of America comparatively to specify the advantages, disadvantages and the current shortcomings of both organizations. The results show that considering the legal, political and economic systems of both countries, the regulatory agency of electricity market in the United States of America has better efficiency and performance.
