Comparative Approach of Monetary Resources and Financing of Elections (Study on Election System of Iran, France, Russia and USA)
Shoja
Ahmadvand
دانشگاه علامه طباطبائی
author
Ferdos
Saber Mahani
دانشگاه پیام نور فردوس
author
text
article
2016
per
Appropriate financing of candidate campaigns has important influence on the security of the electoral system, and prevent financial and political corruptions after obtaining relevant occupations. Although, the important part of electoral law is allocated to principles of election campaigns, the electoral rules of the Islamic Republic of Iran does not pay enough attention to monitoring financial aspects. This brevity triggers lack of determination of extent for campaign costs. On the other hand, because of this absence, the electoral law does not care the sources of these costs, which more or less, is considered in most countries. This paper analyzes and explains necessity of monitoring appropriate providing of financial resources, and setting limitation for campaign funds with comparative study of campaign law in France, Russia and the US. Besides, it presents strategies of improving the financial health of election in Iran. which more or less, is considered in most countries. This paper analyzes and explains necessity of monitoring appropriate providing of financial resources, and setting limitation for campaign funds with comparative study of campaign law in France, Russia and the US. Besides, it presents strategies of improving the financial health of election in Iran.
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
49
no.
2016
9
35
https://qjpl.atu.ac.ir/article_2368_0901ef97651c94b8d6c0553826f272c3.pdf
dx.doi.org/10.22054/qjpl.2016.2368
The Effect of "Fork in the Road" and on Jurisdiction of Investment Treaty Arbitral Tribunal in Foreign Investment Disputes
Shahab
Jafari Nedoushan
دانشگاه تهران
author
Mohammad Hassan
Sadeghi Moghadam
دانشگاه تهران
author
text
article
2016
per
Fork in the road clauses and waiver clauses in investment treaties are supposed to minimize the number of parallel proceedings in foreign investment disputes. While, Fork in the road clauses preclude investors from further litigation or arbitration once the first dispute settlement mechanism is triggered, in waiver clauses, domestic litigation can be followed by treaty arbitration regarding the same dispute. In waiver clause, the foreign investor may recourse to treaty arbitration only if they waive their rights to adjudicate their claim before national and international litigation and arbitration (contract based or treaty based claims). It can be seen that in the application of the waiver clauses in some of the leading cases, grounds for distinguishing between treaty violation from contract violation in the function of waiver clause is not predicted; this approach is desirable. When it comes to the application of the fork in the road clause, investment arbitration precedent shows that identical cause of action is prerequisite for its function. This interpretation severely curtails the function of the fork in the road clause and is criticized in present article
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
49
no.
2016
37
56
https://qjpl.atu.ac.ir/article_2369_fd0144faf5a6e3fd79b1266467edcf48.pdf
dx.doi.org/10.22054/qjpl.2016.2369
The Role of European Court of Justice in the Development of EU Legal Integration
Rahmatollah
Farokhi
دانشگاه پیام نور
author
Mohammad Hossein
Ramazani Ghavam Abadi
دانشگاه شهید بهشتی
author
Seyd Ghasem
Zamani
دانشگاه علامه طباطبائی
author
text
article
2016
per
European Court of Justice (ECJ) is the judicial body of the European Union (EU). Since its founding in 1952, ECJ has always played a prominent role in the development of the EU law. What has been studied in this article is the role of ECJ in transition of the EU law from duality (between national law of member states and EU law) to legal monism with the superiority of EU law. In implementation of its effective role, the ECJ has utilized different instruments such as Interpretation of EU law under the preliminary rulings, addressing the infringements of the EU law, recognizing the general principles of law in the form of case law, and also the principle of proportionality of regulations and domestic politics to promote the position of EU law in relation to municipal law of member states. This research partly reveals the process of EU legal integration, through the study of the ECJ case law
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
49
no.
2016
57
83
https://qjpl.atu.ac.ir/article_2370_fe6007c605c81788356aa2c7e625f399.pdf
dx.doi.org/10.22054/qjpl.2016.2370
Environmental Challenges of Carbon Dioxide Capture and Storage under the Seabed
Aramesh
Shahbazi
دانشگاه علامه طباطبائی
author
text
article
2016
per
With the global warming and introduction of serious issues and concerns realting to the escalation of greenhouse gases, which directly affects the lives of flora and fauna, and the role of polluting gases such as carbon dioxide, man has strived to deal with this problem using new technologies. One of those technologies is to capture and store carbon dioxide under the seabed. Nevertheless, legal rules governing the different aspects of this process are not clear. Although, 1982 LOSC rules, 1975 London Convention and its additional protocol (2006) and even some European Union directives that contain provisions in this area are significant, but still some existing challenges, including the environmental consequences resulting from the use of this technology requires serious attention in the international practice and relevant legal documents. In this paper we will briefly examine the existing legal capacities and some of the challenges relating to this technology.
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
49
no.
2016
85
105
https://qjpl.atu.ac.ir/article_2371_e28c969a93501fbd952e5eb84c8958ee.pdf
dx.doi.org/10.22054/qjpl.2016.2371
Right to Solidarity and Iinternational Solidarity: Challenges Ahead and the Most Recent Changes
mostafa
Mir Mohammadi
دانشگاه مفید قم
author
Jalal
Sadeghi
دانشگاه علامه طباطبائی
author
text
article
2016
per
Generations theory in human rights on the one hand, and solidarity rights on the hand have always had proponents and opponents. After three decades of the emergence of solidarity rights, it has been accepted much better on the regional level than on the global scale. Nevertheless, in recent years the United Nations has endeavored to introduce a new reading of solidarity rights through its two special reporters, who seek to reintroduce this right and its instances. But the question that arises is whether recent measures of the United Nations could be considered as a new evolution of solidarity rights? Will reporters be able to redefine and recognize solidarity rights as a collective and third generation right in the human rights system? This article tries to analyze and consider the relationship between solidarity rights and the right to international solidarity through with an overview of the latest instruments and reports. It seems that the reporters of the United Nations seek third generation rights through the “Right of peoples and individual to international solidarity” in order to present a new plan.
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
49
no.
2016
107
132
https://qjpl.atu.ac.ir/article_2372_b311d07f164838c16a329d6b29b15b1b.pdf
dx.doi.org/10.22054/qjpl.2016.2372
The Effect of Human Rights Rules on Private international Law In the Light of European Court of Human Rights Judgments
Reza
Maghsoudi
دانشگاه گیلان
author
text
article
2016
per
Human rights norms have caused some evolutions in the scope of forum conflicts, conflict of laws and recognition and enforcement of foreign judgments. Use of traditional rules in this branch of law such as unilateral conflict rules has been questioned and some ancient connecting factors, such as nationality have been periled. In the area of foreign judgments recognition, human rights regulations have also persuaded states to accept acquired rights abroad. However, necessities of public international law, states interests, human rights limits, like proportionality and public order considerations have decreased human rights effects on private international law and especially forum conflicts. In this paper we will first discuss the concept of public order and its relationship to human rights, and then human rights norms in each private international law issues will be analyzed with regard to the judgements of European Court of Human Rights
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
49
no.
2016
133
154
https://qjpl.atu.ac.ir/article_2373_c877b61c492d699a824f823ae977bae1.pdf
dx.doi.org/10.22054/qjpl.2016.2373
The Role and Functioning of the National Lands Disputes Commission from the Perspective of a Fair Trial
Reza
Tajarloi
دانشگاه تهران
author
Zeinolabedin
Taghavi
دانشگاه تهران
author
Hossien
Poshtdar
دانشگاه تهران، پردیس البرز
author
text
article
2016
per
Understanding the role of the Commission of single article as a legal entity - the legal, economic and cultural considerations in the metropolises, that leads to a marginal and illegal construction in these areas and the destruction of their natural environment, reveals the necessity to review the role and functioning of the commission of single article in the Iranian legal system. According to the above mentioned points and the need to review the legal and institutional foundations of the commission of single article, this article examines its procedure and decision-making process based on the the most important principles of a fair trial, in order to determine the efficiency and deficiencies of this administrative authority, so that its weaknesses are identified for review by the legislators.
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
49
no.
2016
155
177
https://qjpl.atu.ac.ir/article_2374_aa3bc3d3c447455c4d4f608bd99b3d0a.pdf
dx.doi.org/10.22054/qjpl.2016.2374