Mahdi Haddadi
Abstract
In domestic legal systems, Joint and several liability provides the best assurance that the plaintiffs will be compensated for their loss. The rule means that when multiple defendants are found to have caused the same damage, each defendant can be obliged to pay up to the full amount of the loss suffered. ...
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In domestic legal systems, Joint and several liability provides the best assurance that the plaintiffs will be compensated for their loss. The rule means that when multiple defendants are found to have caused the same damage, each defendant can be obliged to pay up to the full amount of the loss suffered. It is common in international practice that several states or international organizations contribute together to the indivisible injury of a third party. Therefore, due to the fact that there are situations in which two or more international persons share responsibility for their contribution to an indivisible injury of third persons, is it possible to apply the principle of joint and several liability in the concept of domestic law regarding distribution of reparation in situations of share international responsibility? According to this study, based on the general principle of law as a source of international law in Article 38 of the Statute of the International Court of Justice and due to the relative lack of development of the rules of international responsibility in this field, comparison with domestic law is possible. Yet, the implementation of joint and several liability in the international law system will face the obstacle of the jurisdiction of international courts.
Zakieh Taghizadeh; Mahdi Haddadi
Abstract
Sustainable development of the oceans and regulating the seas by the application of the rule of law is considered as one of the most recent phenomena in the field of international law of the sea. Because of the exacerbated challenges and threats posed on the marine environment and the growing decline ...
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Sustainable development of the oceans and regulating the seas by the application of the rule of law is considered as one of the most recent phenomena in the field of international law of the sea. Because of the exacerbated challenges and threats posed on the marine environment and the growing decline in genetic resources due to the expansion of human activities, the international community’s concerns about occurring environmental crises for future generations and the threat posed on the principles of intergenerational equity and the common heritage of mankind have been increasing. Therefore, the conservation and sustainable exploitation of marine biodiversity and genetic resources in areas beyond national jurisdiction in recent years have attracted the attention of the UN General Assembly. Therefore, it seems necessary that the legal regime governing biodiversity to be set out by a legally binding instrument under the Convention on the Law of the Sea (UNCLOS) through the consensus of all states. The following research, while outlining the international legal regime governing marine biodiversity, examines the legal effects and outputs arising out of the implementation of the doctrine of the common heritage of mankind on marine genetic resources in areas beyond national jurisdiction.
Seyedmohsen Hekmatimoghaddam
Abstract
Managers and Decision-Makers of All Organizations should understand that they will be Responsible for their decisions. Internal Tribunals of the United Nations are statutory institutions created by the UN General Assembly in response to the need for an independent, transparent, effective, efficient judicial ...
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Managers and Decision-Makers of All Organizations should understand that they will be Responsible for their decisions. Internal Tribunals of the United Nations are statutory institutions created by the UN General Assembly in response to the need for an independent, transparent, effective, efficient judicial system that would ensure managerial accountability. By these Tribunals, the employees are sure that they can object to unfair and wrong decisions, and demand their rights that are foreseen for them under the rules and statute of the organization. The internal justice regime of the United Nations has changed a lot up to now. The first Administrative Tribunal of the UN was created in 1949, and it looked after the disputes between employees and the organization until the beginning of 21st century. Naturally in these long years its weaknesses were found and tries were made to fix them. Eventually in 2007, the foundation of the new internal justice regime of the UN that was composed of two Tribunals named United Nations dispute Tribunal and United Nations Appeals Tribunal was made. Analysis of Weaknesses and strength of the first and the old internal justice regime, and their comparison is this paper's goal.
