seyd ghasem Zamani; Ali Navari
Volume 16, Issue 46 , September 2015, Pages 9-37
Abstract
The overwhelming view concerning the unilateral secession under contemporary international law is that, in international law, there is no rule in regard to secession. some international lawyers concentrate upon the principle of respect to territorial integrity of independence and sovereign states and ...
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The overwhelming view concerning the unilateral secession under contemporary international law is that, in international law, there is no rule in regard to secession. some international lawyers concentrate upon the principle of respect to territorial integrity of independence and sovereign states and maintain that unilateral secession is unlawful. Meanwhile a moderate and relatively new approach has been proposed by some international lawyers so called “Remedial Secession Doctrine” that according to it, although international law supports territorial integrity of independence and sovereign states in international community, in special circumstances, a state cannot rely on its territorial integrity. The principle of Self-Determination of peoples prevails over Territorial Integrity and so, secession of a part of territory of a state by a people comprising a part of the population of the territory would be possible. Basis and foundation of such argument is relies on inverted reading of the “safeguard clause” embodied in the United Nations General Assembly resolution 2625 that repeated in 1993 Vienna declaration and program of action. this characterize the existence of the Right to Remedial Secession in National and Regional Judicial Decisions.
Reza Eslami; fatemeh Mortazavi fard
Volume 16, Issue 46 , September 2015, Pages 39-79
Abstract
This article first refers to the importance of the freedom from fear as a forgotten freedom, and analyzes the political fear and its negative impact on the citizens’ behavior in the society as well as the violation of human rights and freedoms. The article also provides the historical discourse ...
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This article first refers to the importance of the freedom from fear as a forgotten freedom, and analyzes the political fear and its negative impact on the citizens’ behavior in the society as well as the violation of human rights and freedoms. The article also provides the historical discourse on this freedom in renaissance era, and also reviews the elements required in achieving freedom from fear and its close relation to human security. The article then studies the threats to freedom of fear including classical threats such as arbitrary detention, torture, and forced disappearance as well as the new ones like terrorism, organized crimes, and domestic violence, and then examines the impact of these threats on freedom from fear. The article concludes that the basic human rights and fundamental freedoms cannot be achieved in any society without providing freedom from fear in its true sense and comprehensive meaning
Mohammad Ali Solhchi; Mehrdad Mohammadi
Volume 16, Issue 46 , September 2015, Pages 81-101
Abstract
One of the most controversial issues about transnational corporations is their environmental performance, sometimes leading to irreparable damages. This issue has been the concern for many developing countries, as the capital importing countries, and the developed world as well. Transnational corporations' ...
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One of the most controversial issues about transnational corporations is their environmental performance, sometimes leading to irreparable damages. This issue has been the concern for many developing countries, as the capital importing countries, and the developed world as well. Transnational corporations' environmental violations raise questions as to their probable Human rights and environmental obligations, if any. A great challenge for imposing binding obligations on these non-state actors is their legal character, let alone their extraordinary power and reluctance. Hence, most of the norms and principles in this context are considered to be part of soft law. Meanwhile, international environmental law, as one of the branches of international law, has some emerging standards. In this study we have examined the most prominent international environmental standards and guidelines, which can be followed by corporations for a sound environmental performance. However, it is expected that these emerging standards will change to hard law.
Ali Mashhadi; Mahnaz Rashidi
Volume 16, Issue 46 , September 2015, Pages 103-123
Abstract
International sanctions against Iran have had various effects at national level. This paper has examined the effects of sanctions on the environment, energy and technology transfer areas from the international view point. The fundamental assumption of this paper is that sanctions on the environment violate ...
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International sanctions against Iran have had various effects at national level. This paper has examined the effects of sanctions on the environment, energy and technology transfer areas from the international view point. The fundamental assumption of this paper is that sanctions on the environment violate the right to a clean environment which is directly related to the right to health and the right to life. They also, breach general and special environmental law principles, including common but differentiated responsibilities principle, co-operation principle, etc. Considering the vast importance of energy in Iran’s economy, it is evident that sanctions have had widespread impacts on this part. Restricting the transfer of knowledge and technology related to nuclear activities and energy has caused problems on industry and technology.
rezvan bagherzadeh; amir hossein ranjbarian
Volume 16, Issue 46 , September 2015, Pages 125-154
Abstract
International Humanitarian Law is considered as a legal regime whose governing rules are being changed particularly as a result of the transformation of international and non-international armed conflicts. But noticeably, the stability of humanitarian law enforcement has more or less constantly survived. ...
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International Humanitarian Law is considered as a legal regime whose governing rules are being changed particularly as a result of the transformation of international and non-international armed conflicts. But noticeably, the stability of humanitarian law enforcement has more or less constantly survived. In other words, nearly all states feel to have an obligation to adhere strictly to the rules, which reflects in common article 1 of 1949 Geneva conventions and some consequent Protocols. It reads: “The High Contracting Parties undertake to respect and to ensure respect for the present Convention [this Protocol] in all circumstances.” Accordingly, there are many areas in which all parties should establish and anticipate sufficient actions and mechanisms e. g. passing some Acts and Regulations, instructing military forces how to act, and punishing the perpetrators of certain crimes for their commission. Presently, to respect and ensure respect are undoubtedly applicable on varying entities beside states. This article proceeds to discuss the common article and some challenging dimensions.
Heybatollah Najandimanesh; Samaneh Lalegani
Volume 16, Issue 46 , September 2015, Pages 155-190
Abstract
Determination of applicable law on International Multimodal Transport Contracts for Goods is one of high significance issues in legal studies. Existing conventions on transportation are only applicable to a specific transportation. They are not applicable to multimodal transportation. Since there is ...
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Determination of applicable law on International Multimodal Transport Contracts for Goods is one of high significance issues in legal studies. Existing conventions on transportation are only applicable to a specific transportation. They are not applicable to multimodal transportation. Since there is not a worldwide international convention regarding multimodal transport contracts for goods, it is not easy to determine the applicable law to a given case. This article deals with the applicable law and the method of its determination in regard to disputes arising from multimodal transportation. It also deals with the scope of applicable rules of multimodal transportation.
Samaneh Rahmati Far
Volume 16, Issue 46 , September 2015, Pages 191-211
Abstract
Lawmaking was related to the state sovereignty exclusively, more than the other government acts, and an interference of the another actors was forbidden. Then the answer of ‘why is a rule binding?’ referred to local reasons such as legitimacy, religious roots of rule or will of government. ...
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Lawmaking was related to the state sovereignty exclusively, more than the other government acts, and an interference of the another actors was forbidden. Then the answer of ‘why is a rule binding?’ referred to local reasons such as legitimacy, religious roots of rule or will of government. This circumstance has been changed by internationalization of law and international agreements became source of rights and obligations. Non-exclusive process of lawmaking continues so now rules are binding that neither government nor citizens have role in making them. Is there any evolution in the basses of law? Why is such a rule supposed to be binding by subjects of law? It can be explained by globalization as a non-legal phenomenon. Lifting out is the main element of globalization which is tied to abstraction and objectivity. Consequently transition of legal rules, with local and subjective bases, beyond political borders is impossible in global era. Applying the elements of good governance (like transparency, participation and consensusoriented) more over protecting and promoting of international human rights, as an element of good governance and alternative of global morality, lead to objectivity of the bases of rules.
