MOHAMMAD REZA ZIAII BIGDELI
Volume 8, Issue 18 , February 2006, , Pages 7-19
SAYAD ABDOALI GHAVAM
Volume 7, Issue 17 , June 2005, , Pages 7-19
MOHAMMAD REZA ZIYAEE BIGDELI
Volume 7, Issue 16 , May 2005, , Pages 7-19
SEYED ABDOLALI GHAVAM
Volume 7, Issue 14 , December 2005, , Pages 7-21
MOHAMMAD reza ziaii bigdeli
Volume 4, Issue 7 , November 2002, , Pages 7-21
Ali Omidi
Volume 15, Issue 41 , December 2014, , Pages 9-45
Abstract
Abstract The ICJ Advisory Opinion (22 July 2010) through which the consistency of unilateral declaration of independence with international law was recognized , stands among the pivotal International instruments pertaining the relation between Territorial Integrity and the Right of Self Determination. ...
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Abstract The ICJ Advisory Opinion (22 July 2010) through which the consistency of unilateral declaration of independence with international law was recognized , stands among the pivotal International instruments pertaining the relation between Territorial Integrity and the Right of Self Determination. Therein, the Court after making implicit reference to Lotus Principle considered Kosovo’s declaration of independence as lawful, nonetheless, it strived to evade political controversies by raising technical issues on the merit of the UN General Assembly’s request for AO .There is little doubt that the court’s AO covertly contains political elements and has thereby brought about legal challenges as to consistency of the Right of Self Determination and that of Territorial Integrity. Scrutinizing the Court’s Opinion is of grave importance since as of Feb 2012, 88 states (47% of all) have recognized Kosovo’s Independence. This paper through descriptive – analytical approach shall review both the supporting and the opposing views on the court’s AO.
mahnaz bayat komitaki; mahdi balavi
Volume 15, Issue 42 , January 2015, , Pages 9-42
Abstract
AbstractThe concepts of right and expediency are two of the concepts that have beengoverned over political, ethical, legal and social discourses in the most ofcountries. However, due to the heterogeneity of the protection of the individual'srights requirements and the improvement of the general interest, ...
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AbstractThe concepts of right and expediency are two of the concepts that have beengoverned over political, ethical, legal and social discourses in the most ofcountries. However, due to the heterogeneity of the protection of the individual'srights requirements and the improvement of the general interest, the appearing ofan extent of conflict between these rights and those interests is inevitable. Theresearchers with various viewpoints about relationship between right and publicinterest have presented different solutions for such a conflict. Some of them havepresented the idea of right authority and insisted on priority of rights and someother have regarded the public interest as a superior consideration. Some ofresent theorists— by introducing the theory of exceptionalism— have insisted onthis idea that we are facing the “normalization of emergency conditions” speciallysince 9/11 and asked for offering more authority to the state in order to restrict therights while believing that public interests have precedence over the individual’srights and freedoms. In this essay, we will attempt to criticise the theory ofexceptionalism and then introduce the theory of balance as a convergent theoryabout relationship between individual rights and collective interests.
bagher ansari
Volume 16, Issue 43 , February 2015, , Pages 9-46
Abstract
Freedom of expression in regard to criticism directed toward government orpublic officials is faced with some challenges. On one hand, it reveals potentialor actual deficiencies and failures in their actions, decisions or institutions.Hence, it would be very constructive and beneficial to the public ...
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Freedom of expression in regard to criticism directed toward government orpublic officials is faced with some challenges. On one hand, it reveals potentialor actual deficiencies and failures in their actions, decisions or institutions.Hence, it would be very constructive and beneficial to the public interest. On theother hand, through criticism, there might be potential false or unprovedattributions which can be considered as defamatory, subversive or revolutionarystatements. This essay tries to elaborate the legal standards based oninternational experiences and Islamic law, which seems to be proper for makingbalance between political speeches and protection of reputation of publicofficials or public trust to government. For this purpose, in the first chapter,theoretical basis for extensive protection of political speeches and in the secondpart, balance-standards are identified and studied.
Mahdi Hatami; Hassan Babaei
Volume 16, Issue 44 , February 2015, , Pages 9-33
Abstract
Nowadays aquifers are regarded as the world’s main drinking water supply. Such prominence has led states to resort to aquifers as a major source of water supply . Among serious challenges faced by states in regards with transboundary aquifers are the legal regime governing the issue of sovereignty, ...
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Nowadays aquifers are regarded as the world’s main drinking water supply. Such prominence has led states to resort to aquifers as a major source of water supply . Among serious challenges faced by states in regards with transboundary aquifers are the legal regime governing the issue of sovereignty, utilization methods, exploitation preocess, and how they are eventually managed. To adress these challenges, International Law Commission (ICL) attempted to produce a set of articles on the legal regime of transboundary aqquifers (draft articles - 2008) which was further presented to U.N |General Assembly. Despite a few shortcomings, 2008 draft articles was an important step towards gradual development and introduction of novel trends regarding aquifers' law. This paper will review the transboundary aquifers draft articles and evaluates arguments for and against them.
Mohammad Ghari Seyd Fatemi; Saeideh Rahim Zadeh; Fatemeh Bostani
Volume 16, Issue 45 , April 2015, , Pages 9-31
Abstract
The universality of (at least some of) moral norms was being challenged by many thinkers, philosophers, religious reformists, and even the political actors. Assuming that universality of the contemporary human rights as a morally justified as well as consistent system, the main task of this article is ...
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The universality of (at least some of) moral norms was being challenged by many thinkers, philosophers, religious reformists, and even the political actors. Assuming that universality of the contemporary human rights as a morally justified as well as consistent system, the main task of this article is to appraise Wittgenstein`s ideas, once with regard to a Kantian contractual reading of human rights and then with an “in using” language approach, of course, not to question Universality of Human rights, rather to support a kind of universality. Finally, we shall explore the potentiality of Wittgenstein‘s thoughts to entertain a rather soft version of universality of human rights by revisiting his Tractatus and proposing the idea of “meaning in use” in his Philosophical Investigations
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.
Mohammad Javad Javid; Esmat Shahmoradi
Volume 17, Issue 47 , October 2015, , Pages 9-33
Abstract
The principle of tangible justice requires legal proceedings to enjoy sufficient level of transparency. The principle is viewed as underlying a key human right as a general presumption that there is to be judicial openness as a firm rule, with secret or obscured proceedings to be considered exceptional, ...
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The principle of tangible justice requires legal proceedings to enjoy sufficient level of transparency. The principle is viewed as underlying a key human right as a general presumption that there is to be judicial openness as a firm rule, with secret or obscured proceedings to be considered exceptional, requiring justifiable grounds. The present paper investigates the human rights role of media in the judicial system and examines both the challenges and the benefits of such mechanism in Iranian courts of law. The paper begins with an overview of the concept of judicial corruption and explores the Iranian laws as to discuss the applicability of media in the judicial system of Iran. Making reference to the role of media in Iran’s recent lawmaking developments including penal procedural law 2013 and the penal code of 2013, It concludes with proposing a number of recommendations on the subject
Seyd Fazlolah Mousavi; Sey Hossein Hosseini; Seyd Hossein Mousavi far
Abstract
Principles of international environmental law have been entered into international environmental law corpus by case law and international peaceful relations. In international relations, due to different international issues, disputes are commonplace. Today, the international disputes on the rise are ...
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Principles of international environmental law have been entered into international environmental law corpus by case law and international peaceful relations. In international relations, due to different international issues, disputes are commonplace. Today, the international disputes on the rise are the environmental ones, which threat human life and therefore the environment is backed by criminal guarantees in some cases. The scope of international issues in the international environmental area suffers from gaps. So, by referring the disputes to these tribunals, whose decisions are legally binding, one may believe that in addition to settling disputes peacefully, they have played a complementary and declaratorydevelopmental role in identifying important environmental principles in international relations. Among the very important principles of international environmental disputes are the principles of non-harmful use of land, precaution, sustainable development and etc. which, in the form of customary law, play an important role in regulating the relations and preventing the armed conflicts. Perhaps, if countries did not refer to international authorities for settling their disputes, there would not exist any applicable principle in international environmental law. In this article, we will examine and declare these principles by international legal decisions, and recognize the unique position of referring to legal means of settlement of international disputes.
Hossein Sharifi Tarazkoohi; Victor Barin Chaharbakhsh
Volume 15, Issue 40 , September 2013, , Pages 9-36
Abstract
While an overwhelming majority of states have hitherto not exercised any form ofanticipatory self-defense, believing that it may lay foundation for an ominousprecedent, the question remains as to why some writers insist on promoting theconcept. As of September 11, there have been increasing louder voices ...
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While an overwhelming majority of states have hitherto not exercised any form ofanticipatory self-defense, believing that it may lay foundation for an ominousprecedent, the question remains as to why some writers insist on promoting theconcept. As of September 11, there have been increasing louder voices pronouncingits legality. Later, the introduction of the so-called preventive self-defense by theUS as a part of its National Security Agenda , rested way beyond the traditionalinterpretation of the Anticipatory Self-Defense. It appears that the historic doctrinaldebate has resurfaced with yet stronger vigor. The present article is an attempt toreview the legality and re-appraise the debate on the notion of anticipatory selfdefense. The article attempts to objectively interpret Article 51 of the Charter inlight of the canons of treaty interpretation with the purpose of finding the customaryinternational law of the time. It then reexamines the Caroline formula and affirmsthat in the absence of widespread and consistent state practice and opinio juris priorto September 11,it has failed to level up or form as a customary rule ofinternational law . The article concludes that although state practice afterSeptember 11 tend to condone the use of force against imminent terrorists attacks,Article 51 of the UN Charter still stands as a valid and effective statute prevailingover the use force mechanism ;and that regardless of the temporal flaws attributedto the International Community case history , a Charter-based world order mayfavorably serve even within the context of challenges ahead in 21st century. Thearticle finally concludes that anticipatory self-defense has not been recognized as astanding norm in International law
Mehdi Rezaei; Mohammad Mehdi khosravi
Volume 15, Issue 39 , July 2013, , Pages 9-34
Abstract
Epistemic-Ontological view although not codified in a separate field on legal propositions which states normative statement is one of the important issue, discussed in philosophy of law in both Islamic legal and western legal philosophy. On this basis, The outcome of islamic and western views can be ...
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Epistemic-Ontological view although not codified in a separate field on legal propositions which states normative statement is one of the important issue, discussed in philosophy of law in both Islamic legal and western legal philosophy. On this basis, The outcome of islamic and western views can be analayzed in realistic and unrealistic school, of which the second is refered to as unrealistic and the other as well as some of Islamic philosophers as a realistic school which ratiocinates islamic legal system and leads to its choice as an reasonable legal system.The article summarizes the main thought and criticisms of western and second islamic philosophers concerning unrealistic school and then gives a detailed overview of realistic idea which its goal is to prove that all normative legal propositions base on actual and necessary causality
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.
Shoja Ahmadvand; Ferdos Saber Mahani
Abstract
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 ...
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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.
shojae ahmadvand
Volume 4, Issue 6 , February 2002, , Pages 9-43
Ali Akbar Gorji Azandaryani; Farzin Ghahramanzadeh Nimgazi
Abstract
Successful performance for political systems depends to existence of an
efficient administration. In this regard, bureaucracy, from the late nineteenth
century until the 1980s was considered as the exclusive system for efficiency.
However, this system, especially in the welfare states period, following ...
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Successful performance for political systems depends to existence of an
efficient administration. In this regard, bureaucracy, from the late nineteenth
century until the 1980s was considered as the exclusive system for efficiency.
However, this system, especially in the welfare states period, following the
expansion of administrative apparatus of the governments, was seen as
inconsistent with the values of democracy by forming an independent authority
from society and democratic institutions. This fact has led to the theoretical and
practical efforts to reform and democratization of administration in the context
of the democratic systems. Therefore, various theories and methods have been
proposed for reforms; such as representative bureaucracy; political
appointments and the use of administrative procedures. In addition, methods
and techniques presented in the years after 1980 in the context of “new public
management" for efficiency and effectiveness and frugality; can be considered in
line with the reduction of bureaucratic authoritarianism. Methods that have
reduced the size of bureaucracy and have also facilitated the accountability
S.Ghasem Zamani
Abstract
Convergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts:Taking a Look at Iran- Iraq War Case (1980)Abstract:On September 22, 1980, Iraq launched an invasion against Iran. The Iraqi army, trained and influenced by Soviet advisors, had ...
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Convergence and divergence of Individual criminal responsibility and international responsibility of States for wrongful acts:Taking a Look at Iran- Iraq War Case (1980)Abstract:On September 22, 1980, Iraq launched an invasion against Iran. The Iraqi army, trained and influenced by Soviet advisors, had organic chemical warfare units and a wide variety of chemical materials and delivery systems. The continuous use of chemical weapons by Iraq against Iran during the war was indeed in violation of Iraq's obligations under 1952 Geneva Convention Protocol and also the principals of international humanitarian law. However taking a look at Iran-Iraq war demonstrates that two aspects of responsibility in this case could be distinguished. While the perpetrators of war crimes are responsible for the acts in their individual capacity, the State is also responsible for its international wrongful acts. In this article the different aspects of the case will be examined in theory and practice. Keywords:Iran-Iraq war, international responsibility of state, individual criminal responsibility, chemical weapons, war crimes
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.
Javad Kashani
Abstract
According to article 158 (2) constitution, the head of the judiciary branch is responsible for Drafting judiciary bills appropriate for the Islamic Republic. So however according to article 74 government bills are presented to the Assembly after receiving the approval of the Council of Ministers. Members' ...
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According to article 158 (2) constitution, the head of the judiciary branch is responsible for Drafting judiciary bills appropriate for the Islamic Republic. So however according to article 74 government bills are presented to the Assembly after receiving the approval of the Council of Ministers. Members' bills may be introduced in the Islamic Consultative Assembly. Neither constitution nor ordinary laws didn’t definite Judiciary bill and competency to bring it by the head of the judiciary branch is unable or at list is silent. The Guardian Council by issuing interpretation and the Assembly by legislation on authorities of the head of the judiciary branch tried to answer to questions as fallow: what is the concept and contain of judiciary bill? Dose the head of the judiciary branch competence initially to present judiciary bills to Assembly? This essay try to review mentioned problems and questions and to examine them for future research and debats.
Abstract
The development of technologies associated to mobile, and, also increase of customers’ demands to take advantage from the foresaid technologies have led to new technologies on mobile. One of the most considerable technologies is to transfer the mobile operator, without any number portability. ...
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The development of technologies associated to mobile, and, also increase of customers’ demands to take advantage from the foresaid technologies have led to new technologies on mobile. One of the most considerable technologies is to transfer the mobile operator, without any number portability. This issue is known significant; because there are some customers who cannot exchange their SIM card, although they may not be satisfied with their operator. Since achieving more economic profits and, growth of competition in telecommunication markets are known as goals of said prerogative, the economic aspects have influenced, so notably, on regulation and legal requirements of the technology. Hence, regarding the significance of the legal aspects of the event, to which it’s been referred, in this study, the legal aspects of technology are being analyzed. Both legal frameworks identified mandatory by the regulatory authority and considering regulation methods on the technology are analyzed in this article. Moreover, since this issue is a recent phenomenon in Iran, the legal aspects of the technology in Iran have been studied.
Abstract
Cultural Rights (CRs) are the most non-developed rights among human rights in the terms of normative content, the scope of implementation and legal enforceability. In this regard, the right of minorities and persons belonging to these groups to participate in their own life has been affected and neglected ...
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Cultural Rights (CRs) are the most non-developed rights among human rights in the terms of normative content, the scope of implementation and legal enforceability. In this regard, the right of minorities and persons belonging to these groups to participate in their own life has been affected and neglected more seriously. On 21 December 2009, the Committee on Economic, Social and Cultural Rights (CESCRs) adopted General Comment No. 21 on the right of everyone to take part in cultural life that could be accounted as a reference point in the protection of culture and cultural rights of minorities. In this Comment, the CESCRs gives solid substance to the norm through clearly defining its content and scope, the beneficiaries and the nature of the right, and the range of obligations it imposes on State Parties for its implementation; as such it could serve as a potential pillar for the protection, preservation, and promotion of minorities' culture, and consequently, CRs. The present study aims to investigate the achievements of General Comment No. 21 of CESCRs for the protection of culture and cultural rights of minorities.
seyyed bagher mirabbassi; aghil mohammadi
Abstract
The responsibility to protect doctrine (R2P) was developed in 2001 in response to the failing of the international system to major violations of human rights in territories, such as Rwanda, Bosnia and Kosovo. The R2P, which is trying to redefine the concept of national sovereignty and function of governments ...
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The responsibility to protect doctrine (R2P) was developed in 2001 in response to the failing of the international system to major violations of human rights in territories, such as Rwanda, Bosnia and Kosovo. The R2P, which is trying to redefine the concept of national sovereignty and function of governments in the form of "sovereignty as responsibility" and makes a new conceptual framework for responding to violent behaviors, could rapidly find special place in the international debates. But, gradually and simultaneously with the occurrence of new humanity disasters, especially what happened in Libya and Syria, it became clear that in spite of having conceptual Ambiguities and complexities, is also faced with many operational challenges that The ambiguity of consensus of countries to convert this idea into an international rule, the disagreements over the examples in which the R2P can be used and justification of state for intervention by the R2P, are the most important ones. This article studies aspects of application of the R2P in Libya and Syria and aforementioned challenges. At the end, it induces that regarding to the R2P theoretical and practical weaknesses, imagination of a bright outlook for its success in the future is difficult.
