Sadegh Salimi
Abstract
After more than 70 years since the last and so far the only prosecution of the crime of aggression in an international judicial body, the International Criminal Court’s jurisdiction over aggression was activated in 17 July 2018. It took nearly two decades since the ICC Statute adoption in 1998 ...
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After more than 70 years since the last and so far the only prosecution of the crime of aggression in an international judicial body, the International Criminal Court’s jurisdiction over aggression was activated in 17 July 2018. It took nearly two decades since the ICC Statute adoption in 1998 for the states parties to agree on a definition of crime of aggression and a method to activate ICC’s jurisdiction over the crime. In the revision conference of 2010, the states parties reached an agreement regarding the definition of the crime and some jurisdictional matters. In spite of pressure from permanent members of the Security Council, the ICC jurisdiction was not subjected to prior approval of the Council. Nevertheless, to exercise its jurisdiction, the aggressor state must be a state party to the Statute and accepted the ratifications. Furthermore, if a state party does not accept the amendments, the Court shall not exercise its jurisdiction regarding a crime of aggression committed by that state party’s nationals or on its territory. This mechanism is a great challenge to the ICC and people who hoped ICC could hold national leaders accountable for the illegal use of force against other states.
Abstract
Abstract Following the failure of the African Union Peace and Security Council to suspend Bashir's case by the Security Council, the International Criminal Court issued a second arrest warrant for Bashir. International Criminal Court pursuant to the decree of States Parties of the Rome Statute to arrest ...
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Abstract Following the failure of the African Union Peace and Security Council to suspend Bashir's case by the Security Council, the International Criminal Court issued a second arrest warrant for Bashir. International Criminal Court pursuant to the decree of States Parties of the Rome Statute to arrest and hand over Bashir's request that cooperate with the International Criminal Court. African Union on the situation in retaliation for the failure to stop the arrest warrant for Bashir decides At least ask member states to arrest and hand over Bashir not cooperate with the International Criminal Court. This situation makes that Bashir without fear of arrest, the States Parties to the Statute including Chad, Kenya and travel. Position on the priorities of host governments to maintain peace and stability in Sudan and the obligation to comply with the orders of the African Union in terms of membership in the Union, makes the Statute of the International Criminal Court in the capacity to deal with the situation and exercise its jurisdiction to arrest Bashir use And subject to the Assembly of States Parties to the ICC and the UN Security Council report.
Homayoun Habibi; keivan eghbali
Abstract
Corruption must be considered as One of Most Important Obstacles for Realization of Some Aspect of the Human Rights in the Modern Societies, Especially Right to Development. Concentration of Public Power and Wealth in Hand of a Few People, lack of accountable in Front of Public and Lack of Transparency ...
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Corruption must be considered as One of Most Important Obstacles for Realization of Some Aspect of the Human Rights in the Modern Societies, Especially Right to Development. Concentration of Public Power and Wealth in Hand of a Few People, lack of accountable in Front of Public and Lack of Transparency in Activities of Governors are between Most Important Roots of Corruption. So, Prevention of such a Concentration, Ability to Interpellation of Governors by Citizens and Transparency in activities of These People could Have Very Positive Effect on Fight against Corruption. But Providing the Mentioned Situations Rely Heavily on Realization of Public Participation in Political, Social, Economic and Cultural Affairs of Their Society and Its Tools such as Right to Elect and to be Elected, Powerful Civil Society and Free Access to Information. However, Public Participation is an Ultimate Goal of Internal Self-determination, Which Means Ability of Every Person to Participate in Decision Making in Political, Social, Economic and Cultural Affairs of his/her Society. Therefore, Internal Self-determination Became an Effective Approach for Fight against Corruption and Elimination of Its Substances and as a Result, as a Facilitator for access to Human Rights, Especially Right to Development
Homayoon Habibi; Soodeh Shamloo
Volume 15, Issue 41 , December 2014, , Pages 71-114
Abstract
Absract In its normal practice the ICJ settles International disputes exclusively in accordance with International law and where there is an absence of law, it abstains to make new laws as to substantiate its decision. Beyond its primary function as to settle disputes between states however, the Court ...
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Absract In its normal practice the ICJ settles International disputes exclusively in accordance with International law and where there is an absence of law, it abstains to make new laws as to substantiate its decision. Beyond its primary function as to settle disputes between states however, the Court is actively involved in the development of international law through its production of precedent. Development involves change and creativity which may not be obtained solely by applying positive law. The Court being conscious of its limits imposed both by its statute and general expectation of states, has somewhat diverted from rigid positive approach and has made attempt to fulfill its primary function without jeopardizing legal limits. It contributes in development of international law inter alia by teleological interpretation of existing rules. On the other hand, even though the characterization of precedent or stare decisis may not apply to the decisions of the ICJ, the Court constantly refers to its precedent and thereby has promoted the importance of its judgments from an auxiliary to a real source of international law.
Mohammad Jalali
Volume 17, Issue 47 , October 2015, , Pages 71-100
Abstract
Today Decentralization, has been globally accepted as a modern approach in administration of nation –states. The conviction is that it must be governed and codified by various principles so that it may serve as guidelines both in theory and practice and to be applied by commentators, scholars and ...
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Today Decentralization, has been globally accepted as a modern approach in administration of nation –states. The conviction is that it must be governed and codified by various principles so that it may serve as guidelines both in theory and practice and to be applied by commentators, scholars and authorities in policy-making and law-making process and in shaping various political, administrative and judicial policies. The principle of administrative freedom of local units, the principle of priority in implementation by local units, and the general condition of competence are instances of the principles existing therein. In Iran, due diligence has neither been paid to such principles in regards with policy-making and law-making process nor as to any decentralization project carried out across the country thus far .The reason behind this is probably that the said principles hardly have any reflection in the countries constitutional – administrative doctrine . The present article, particularly by making reference to their status in France jurisdiction, shall use investigative - descriptive approach as to identify these principles in French administrative law, then it employs analytic approach in reviewing the absence of such principles in Iran’s law and the implications thereof
Soheila Golpour; Reza Eslami
Volume 15, Issue 40 , September 2013, , Pages 71-113
Abstract
This article briefly studies the historical background as well as theopinions of some scholars with respect to tolerance, as a human virtueand a moral and political value. It argues that tolerance originates fromhuman dignity and respect and that societies are advised not only totolerate the differences ...
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This article briefly studies the historical background as well as theopinions of some scholars with respect to tolerance, as a human virtueand a moral and political value. It argues that tolerance originates fromhuman dignity and respect and that societies are advised not only totolerate the differences among individuals and ethnic groups but alsovalue these differences. Further it reviews the available instruments inInternational human rights law touching on the requirement of peacefulcoexistence among social groups and minorities. It then examines inparticular, the UNESCO Declaration on Principles of Tolerance. Finallyit stresses the need for education in promoting tolerance in societieswhere social groups initiate dialogue primarily in order to eliminateprejudice, hatred and discrimination off societies, and eventually promotethe notion of peace among citizens.
kheyrollah parvin; rohollah alidadzadeh
Volume 13, Issue 34 , September 2011, , Pages 71-96
Parham Mehraram; Godarz Eftekhar
Abstract
Public law as a discipline of legal science which considers public matters –in confront with private matter, is established in ancient Rome and influenced deeply the European history. In the first step, its basic concepts, such as Imperium and Jurisdictio, and its outlook toward the relation of ...
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Public law as a discipline of legal science which considers public matters –in confront with private matter, is established in ancient Rome and influenced deeply the European history. In the first step, its basic concepts, such as Imperium and Jurisdictio, and its outlook toward the relation of power and law, gave way to the concept of sovereignty as a monopoly of approving, changing and abolishing of statutes. It leads to the establishment of authoritative governments. In the second step, it provides the proponents of absolutism with legal arguments against their traditional and new rivals. At the end, it were the constitutionalists who promote Roman law with some principle of roman private and corporate law and reinterpretation of old concepts in shadow of new needs of era to apply them against their oponents. Finally, these disputes resulted in our understanding of modern state and representation and Roman law, despite to its flexibility, leaved its lasting impression, i. e. formulation of political conflicts in the legal language.
Nasrin Tabataba'i Hesari
Abstract
The sovereign nature of the registration system has included them in the public domain and run by the public sector and through civil servant. The idea of "shrinking the state" and "increasing the regulatory role of governments" has led to the idea of privatizing registries, one of the proposed ways ...
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The sovereign nature of the registration system has included them in the public domain and run by the public sector and through civil servant. The idea of "shrinking the state" and "increasing the regulatory role of governments" has led to the idea of privatizing registries, one of the proposed ways of privatizing is to do the registrar's work with non-governmental experts: notaries. what is the nature of notaries (public, private, privately public), and with what legal bases can they delegate this state sovereignty task? This article, with a comparative and historical overview, concludes that, on the one hand, it is necessary to distinguish between the "notary profession" which is a private profession and the "notary role" which is a public role, based on this role, that is the public authority acting in the name of the state and it has a sovereign nature. On the other hand, although registration affairs are regarded as sovereign affairs, but based on the foreseeability of doing of sovereign affairs by attracting "people's participation" in laws, it is possible to extend the doing of registrar taskes by notary offices in accordance with the general policies of Article 44 of the Constitutional law.
hamed oladi
Abstract
This article is an analytical study of Clauses C and D of Article 80 of the Administrative Justice Court Act that requires persons that request voiding of regulations (voiding regulations due to contradiction with Islamic law) to express causes of law and related reasons with clarified remedy and finally ...
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This article is an analytical study of Clauses C and D of Article 80 of the Administrative Justice Court Act that requires persons that request voiding of regulations (voiding regulations due to contradiction with Islamic law) to express causes of law and related reasons with clarified remedy and finally refusing the application. In this study, it is revealed that Clauses C and D of Article 80 of Administrative Justice Court Act leads to violating timetable of effect of voiding due to violation of principles 166 and 167 of the Constitution and associated clauses. In practice, analyzing the precedent of jurists of Guardian Council in 2 fields of Islamic control of laws and regulations in the years 1982 to 2016 is not described as documentary and plausible. Thus, the contents of aforesaid Clauses are illegitimate limitation over fair trial and the issue of Islamic Judgment and Islam shall be eliminated from aforesaid Clauses.
Hossein Sharifi Tarazkoohi; Javad Mobini
Volume 16, Issue 44 , February 2015, , Pages 73-103
Abstract
Jurists have expressed various propositions about the true nature of Margin of Appreciation Doctrine. Some believe that although application of the doctrine allows for exercise of human rights with having local cultural diversities in consideration, following up with cited doctrine in practice by European ...
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Jurists have expressed various propositions about the true nature of Margin of Appreciation Doctrine. Some believe that although application of the doctrine allows for exercise of human rights with having local cultural diversities in consideration, following up with cited doctrine in practice by European Court of Human Rights has not been amounted yet to relativism. This paper however, suggests that the doctrine sits on shaky relativism but rather strong universalism. It further argues that the study of rational behind the application of the doctrine in European Court of Human Rights practice, the Court’s decisions wherein similar reference has been made and the study of available academic literature on this topic show that Margin of Appreciation Doctrine emanates from cultural relativism. On the other hand, quantitative and qualitative study of the diversities are accepted by the doctrine – in terms of scope, field of reference and application standards – leads to the conclusion that the Margin of Appreciation may be regarded as ‘Weak Cultural Relativism.
reza valavion
Volume 5, Issue 9 , December 2003, , Pages 73-85
Abbas-ali Kadkhodaei; Moslem Aghaei Togh
Volume 14, Issue 38 , March 2013, , Pages 77-99
Abstract
Non-delegation Doctrine is one of the traditional principles of
constitutional law and more or less recognized by constitutions of another
countries around the world. There is not any agreement between scholars
concerning the basis of this doctrine; for some the doctrine is based on the
principle ...
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Non-delegation Doctrine is one of the traditional principles of
constitutional law and more or less recognized by constitutions of another
countries around the world. There is not any agreement between scholars
concerning the basis of this doctrine; for some the doctrine is based on the
principle of delegate poteatas non potest delegaie, for some others it is
based on the principle of separation of powers and for the rest, it is the
principle of representative democracy that constitutes the basis of the
doctrine. Thus, many authors have mistaken about the basis of the
doctrine and consequently failed to capture its true meaning. Guardian
Council occasionally in her opinions about legislative bills has taken this
approach and declared them as unconstitutional. Identifying the principle
of supremacy of the constitution as the basis of the non-delegation
doctrine will help us find out its true meaning: Parliament cannot delegate
her law-making power to other branches or entities. Such a delegation
will disturb the political structure established by the constitution and
hence will devastate the principle of the supremacy of constitution.
mojtaba Eshraghi Arani
Abstract
Aircraft finance has been followed with various legal challenges in international venue as a result of the aircraft natural characteristics; so that financiers have always faced with risk of non-recognition of thier rights or related privilages or denial of or inefficient exercise of of their remedies ...
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Aircraft finance has been followed with various legal challenges in international venue as a result of the aircraft natural characteristics; so that financiers have always faced with risk of non-recognition of thier rights or related privilages or denial of or inefficient exercise of of their remedies in relation to the aircraft by other countries. The first international effort for solving the said problems was realized in Geneva Convention on International Recognition of Rights in Aircraft(1948) but due to its deficiencies did not obtain the financiers’ acceptance. Consequently another deal was necessarry to minimize the above-said challenges further to removal of the Geneva deficiencies. This purpose was realized in Cape Town Convention on International Interests in Mobile Equipments after half of a century in 2001. Experts believe that Cape town Convention has produced more clarity and certainty in aircraft finance and consequently has made increase of its availability and reduction of its expenses. This article has argued that the said results come from six legal principles which are inferrable out of the provision of the Cape town convention and form its fundamentals.
Aِli Asghar Pourezzat; Ghazaleh Taheri Attar
Volume 8, Issue 21 , December 2006, , Pages 79-119
Abstract
Today’s world situation is the result of various historical incidents.
During these accidents and changes, some civilizations manifest, grow
and collapse. The study and analysis of the effecting factors on
stability or disintegration of a civilization could be serving as an
example for the ...
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Today’s world situation is the result of various historical incidents.
During these accidents and changes, some civilizations manifest, grow
and collapse. The study and analysis of the effecting factors on
stability or disintegration of a civilization could be serving as an
example for the existing civilization and developing societies very
much. The Iranian civilization is one of the oldest and most effective
civilizations in the history of mankind, and Iran land as the cradle of
this civilization, has experienced many governments and dynasties.
Some of them have declined and finally collapsed for unknown
reasons while they had pride, glory, and a high level of political and
economical power; like Achaemenian, Sasani, Ashkabni, Safavi, and
etc.
Achaemenian Empire with a background of 230 years governing on
the world was declined by a young, low experienced, ambitious army
general. Establishing this Empire which involved different and
various races, languages and cultures, was a big revolution in the
world history of governance. The world for the first time enjoyed a
united and centralized government. It was only Roman Empire that
could compete with it years later. The main question of this study is
that how an empire and civilization with this level of power, glory and
domination gradually collapsed from inside. It seems that many
reasons involve in the decline and collapse of a civilization, or its
survival and stability. In this study it was assumed that some factors
such as justice, responsibility, freedom and national identity lead to
stability. On the other hand, factors like despotism, narcissism, and
discrimination cause acceleration in civilizations' collapse. The study
of historical evidences confirms the hypothesis that injustice is one of
the most important factors which cause internal collapse, and
intelligence level decline in these governments.
ahmad gol mohammadi
Volume 4, Issue 6 , February 2002, , Pages 79-109
roya motamed nezha
Volume 13, Issue 35 , January 2011, , Pages 79-112
Mehdi Zahedi; shirin sharifzadeh
Abstract
Legal systems have taken different approaches to Copyright infringement but the ultimate purpose of them is to prevent the intentional and unjust appropriation of the rights of the creators. The proof of copyright infringement is easy when some rights such as reproduction is infringed or literal appropriation ...
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Legal systems have taken different approaches to Copyright infringement but the ultimate purpose of them is to prevent the intentional and unjust appropriation of the rights of the creators. The proof of copyright infringement is easy when some rights such as reproduction is infringed or literal appropriation has taken place. However, it would be difficult to prove infringement when the plaintiff claims that defendant appropriated a material amount of his original work with some differences. The main question is how much similarities are too much? there is no definitive standard in the law, but courts believe that infringement occurs when the defendant’s work bears a substantial similarity to plaintiff's work and to achieve that they have introduced various tests. This article seeks to explain the concept of substantial similarity in Copyright infringement and the way to achieve it. The result of the research is the choice of one or more tests from the four available tests depending on the type and nature of the work. However, in all choices, it is necessary to separate protected from unprotected elements and dichotomy between idea and expression in the work. This article also show that qualitative similarities are more important than quantitative similarities.
seyd ghasem zamani; mona sadat mirzadeh
Volume 16, Issue 43 , February 2015, , Pages 81-108
Abstract
Attribution of private-person’s act to a state is accepted in international law insome exceptional matters. Acting under the direction or control of the state is oneof those exceptional cases; by proving state control over private persons andentities, their actions are attributable to the state. ...
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Attribution of private-person’s act to a state is accepted in international law insome exceptional matters. Acting under the direction or control of the state is oneof those exceptional cases; by proving state control over private persons andentities, their actions are attributable to the state. However for understanding therequired level of the control and direction, we shall review and inquiry the judicialjurisprudence in order to make these theoretical concepts more tangible. Iran-U.Sclaims tribunal, as the most prominent international arbitration, has separatedjurisdiction and the merit phase in some of its cases.From jurisdictional point ofview, the tribunal has applied a looser standard while in the merit, tribunal’sapproach has more affinity for theory of effective control. In such cases, as ageneral rule,stateshave notbeenliable for the conduct of non-state actors unlessthe tribunal could find the conduct in question intensely controlled by the state.Indeed the tribunal, in place of determining standard of control in these kinds ofcases, has not lowered the threshold for imputing private acts to statesbut treatedwith it in an exceptional manner. The purpose of present article is to examinestandard of direction and control, while the focus is on the jurisprudence of Iran-U.S claims tribunal.
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.
dariush ashrafi
Volume 15, Issue 42 , January 2015, , Pages 83-109
Abstract
Establishment of international peace and security has been among the oldestaspirations of mankind. Peace and security have never had a firm concept but havechanged gradually within the years. Before the recent changes in internationalrelations, according to the system that called Westphalia Regime, peace ...
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Establishment of international peace and security has been among the oldestaspirations of mankind. Peace and security have never had a firm concept but havechanged gradually within the years. Before the recent changes in internationalrelations, according to the system that called Westphalia Regime, peace andsecurity were regarded as respecting to the meaning of sovereign rights, equalityrights, observance of states immunity and their representatives, respect to territorialintegrity of states, non-intervention in each other's internal affairs and peacefulsettlement of deputies.However, globalization has changed the concept of international peace and security.In this period, the essence of threats has been changed so as to the threats have beenextended from military aspect to other aspects including: poverty and starvation,terrorism, smuggling and organized crimes, breakout of epidemic, uncontrolledimmigration, destruction of environment and human rights violation. According tosuch an interpretation of international peace and security, the security council of theUnited Nations which is the main organ for protecting peace and security, after theend of the cold war, has regarded humanitarian crisis, ethnic cleaning, politicalregime change as the threats to the international peace and security.
MOHAMMAD HASSAN DARYAII
Volume 10, Issue 24 , August 2008, , Pages 85-126
NAHID JAVANMORADI
Volume 3, Issue 4 , April 2001, , Pages 45-69
Farhad parvin
Volume 1, Issue 1 , September 1999, , Pages 45-85
abolfazl delavari
Volume 12, Issue 28 , April 2010, , Pages 59-86
