Seyed Fazlollah Mousavi; Hamidreza Oraee
Abstract
Human rights is an important component of international law today. Dealing with and acting against the fundamental human rights breaches of states as one of the actors in international law is a task that has not yet been achieved in the global arena. However, regional judicial mechanisms have been able ...
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Human rights is an important component of international law today. Dealing with and acting against the fundamental human rights breaches of states as one of the actors in international law is a task that has not yet been achieved in the global arena. However, regional judicial mechanisms have been able to partially meet this demand. The European continent has managed to develop an advanced judicial structure to combat human rights abuses within its borders. However, sovereignty, in its traditional sense, which does not accept any interference within its borders, may create conflicts in the way of dealing with human rights violation. In the article the question: Is the focus of the regional judicial mechanism in Europe is on sovereignty or human rights? has been answered. To this end, the important cases before the European Court of Human Rights, as well as the content of the founding documents and the manner in-which the judicial system operates, were examined, and it was concluded that: The focus of the regional judicial mechanism in Europe, as the pioneer of the use of regional legal instruments on human rights issues, is more on human rights than sovereignty.
Abbasali Kadkhodaii; mersedeh mazloumi
Abstract
With the establishment of the European Union, the concept of traditional sovereignty underwent changes; Because on the one hand there is the issue of the sovereignty of European governments and on the other hand there is the issue of the sovereignty of the European Union. In the past, absolute sovereignty ...
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With the establishment of the European Union, the concept of traditional sovereignty underwent changes; Because on the one hand there is the issue of the sovereignty of European governments and on the other hand there is the issue of the sovereignty of the European Union. In the past, absolute sovereignty was defined for governments; But the developments that took place made it possible to define relative sovereignty for legal entities. There are three approaches to governance in the EU. One approach favors the sovereignty of states over the sovereignty of the Union, and the other approaches the sovereignty of the Union over the sovereignty of European states. The third approach is to take the middle ground that neither of the two is superior to the other; in which that the territory of the Union and the member states are defined as two separate territories that do not conflict with each other. In fact, there is no conflict between the tasks of the Union and the member states; Rather, their tasks are in the interests of each other, and the reason for the formation of the Union from the beginning has been to better serve the common interests of European governments.
vali rostami; mohammad zereshgi
Abstract
Downsizing of governments is one of the basic solutions for obtaining the goal of delocalization of Tehran. A strategy, however confirmed in Iranian positive laws, is obstructed with legal-political, administrative structure, limited interpretations about qualifications of local-administrative units ...
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Downsizing of governments is one of the basic solutions for obtaining the goal of delocalization of Tehran. A strategy, however confirmed in Iranian positive laws, is obstructed with legal-political, administrative structure, limited interpretations about qualifications of local-administrative units and NGOs etc. Thus, rethinking and revising the pattern for administration of Iran and reengineering legal and executive system through decentralization is an undeniable necessity. In order to obtain this task, it’s possible to benefit from related legal documents including: Paragraph 10 of 3rd Principle of the Constitution, Paragraph 10 of the General Policies of Administrative System and other positive laws for downsizing the government, E-government and the decentralization. In the present research, by descriptive- analytical and applied approach, a feasibe study of delocalization of Tehran with government downsizing is emphasized. The main hypothesis of this research is that delocalization of Tehran is possible if the related rules of government downsizing by the related authorities is executed.
hossein abdollahi
Abstract
Analyzing current definitions of public properties in Iranian legal system indicates that distinction between these properties from State properties cannot be sought in criteria such as devoting to public services, the ability to confiscate, style of utilization, conformity of public properties from ...
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Analyzing current definitions of public properties in Iranian legal system indicates that distinction between these properties from State properties cannot be sought in criteria such as devoting to public services, the ability to confiscate, style of utilization, conformity of public properties from civil and commercial laws. Also existing approaches about the issues such as “relation between public properties and State-owned companies' properties” and “rules governing public properties” are facing criticism that necessitate the redefinition of public properties. In this research, it has been endeavored to redefine the public property according to criteria of Iranian constitutional law system such as interpretation of civil law according to the Constitution, with regard to the effects of the concept of sovereignty; in such a way that, while respecting the fundamental legal-jurisprudential frameworks, the efficiency of the State in utilizing public properties shall be taken into accounts. According to this redefinition, public properties (in the general sense) unlike private ones, are properties devoted to public benefit and belonged to legal person of public law and consisting of State properties, State-owned companies properties and public properties (in the strict sense). These properties can be divided into “original or subordinate” public properties and "national or local" in the domain of State ownership. The redefinition will have many practical legal effects in the legal system.
abbas Mirshekari; marzieh mokhtari; javad farahani
Abstract
The paper is trying to show on the existing potential of Articles 2nd and 3rd of Iranian Constitution as ones of basic principles for defining the issue of citizenship and in order to representing the capacity of above mentioned articles for forming construction of the system of citizenship rights – ...
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The paper is trying to show on the existing potential of Articles 2nd and 3rd of Iranian Constitution as ones of basic principles for defining the issue of citizenship and in order to representing the capacity of above mentioned articles for forming construction of the system of citizenship rights – encompassing general guaranties of recognition, improvement, protection and ensuring the rights and freedoms for every citizen. we examine if the theoretical model of citizenship cube and its doctrinal basis is applicable to explain and interpret the aforesaid articles and also, to comprehend some complex layers and dimensions thereof. According to the citizenship-oriented theories, one side of the cube is consisted from five elements of citizenship, i.e. civil and legal, social, political, virtue-related and identity-related aspects. The other side of the cube is composed from functional networks or, in other words, the geographical levels of citizenship including local, provincial, statistical, regional and universal levels. And the last side is shaped from educating citizenship capacities covering levels of knowledge and skill. It is to argue that some contents of the Articles can be creatively employed to propose citizenship cube and to provide the legal capacity for understanding the model within the Constitution.
Mohammad Reza Vijhe; Arian Petoft
Abstract
With the advent of globalization and post-regulatory States that enhance social relations and communications at the national and international levels, various political, economic, social and cultural powers have been emerged resulting in the appearance of a pluralistic sovereignty. Intellectual and philosophical ...
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With the advent of globalization and post-regulatory States that enhance social relations and communications at the national and international levels, various political, economic, social and cultural powers have been emerged resulting in the appearance of a pluralistic sovereignty. Intellectual and philosophical foundations of this matter is well evident in Foucault's thought. Therefore, with the study of sovereignty in the area of global governance and post-regulatory States, and explaining the philosophical roots of the post-modern concept of sovereignty in Foucault's thought, it is revealed that the concept of sovereignty is deeply changed in meaning; and so, this paper attempts to analyze this new concept of sovereignty. Moreover, the understanding of recent concept of sovereignty to determine future policies and laws of the society deems significant. Focusing on public law, the postmodern concept of sovereignty is portrayed in this paper.
Aramesh Shahbazi; Khadijeh Javadi Sharif
Volume 15, Issue 39 , July 2013, , Pages 35-60
Abstract
Since the end of the cold war, the International Community has become
increasingly preoccupied with a phenomenon giving rise to a wide range of
humanitarian, legal and security strains generally known as ‘State failure’.
Recent examples of it are the situation of state institutions in ...
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Since the end of the cold war, the International Community has become
increasingly preoccupied with a phenomenon giving rise to a wide range of
humanitarian, legal and security strains generally known as ‘State failure’.
Recent examples of it are the situation of state institutions in Somalia , the
disintegration of the former Yugoslavia, the crises in Rwanda, Haiti,
Liberia, Congo, Sierra Leone and finally Afghanistan. While some argue
that the challenges ahead of the process of reconstructing the weak failed
States ,in a liberal democratic fashion, is rather cultural than a mere
technical issue, the main question with regards to its broad definition
remains as to how under International law may we recognize a state as
weak or “Failed State”. In this article, after reviewing certain features of a
state failure, we will chronologically analyze the different aspect of the
failed states in both doctrinal views and states practice in contemporary
international law.
Hosain Sharifi Tarazkohi; Heidar Piri
Volume 14, Issue 38 , March 2013, , Pages 9-37
Abstract
Undoubtedly, one of the most ambiguous and controversial concepts in
the international law documents is the debate on the vital national interest
which is as old as the concept of nation-state itself and every country due
to its own situations and conditions gives a specific interpretation of this
concept. ...
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Undoubtedly, one of the most ambiguous and controversial concepts in
the international law documents is the debate on the vital national interest
which is as old as the concept of nation-state itself and every country due
to its own situations and conditions gives a specific interpretation of this
concept. The concept of vital national interest, has created a juridical gap
and as an essentially political concept has kept its place in juridical texts,
which is considered as one of the main obstacles for developments and
progresses of international law, because it has been used by states in
many ways as a shield against legal standards, as well as as a tool to
escape from legal obligations. Therefore, it lays some restrictions on the
application of international law rules, yet it looms its acts and claims for
regarding international law.
International Jurisprudence expresses that, in the relationship between the
vital national interests and international legal orders, it is the legal system
which has the prior importance. owever, contrary to the government’s view,
they allow restricted vital national interest and declare that national interest
subordinates to International Law and it is not subject to the of each state.
International Law has always tried to interpret thevital national interests in a
way that results in the least loss to the universal International values.
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 ...
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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.
Mohammad Reza Hoseini
Volume 14, Issue 38 , March 2013, , Pages 193-219
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.
