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.
niloofar saeedi; pouria askary
Abstract
International human rights NGOs undertake a wide range of activities to monitor the implementation of human rights in all parts of the world. These organizations, inter alia, gather information of human rights violations, protect victims of abuses and also pave the way for cooperation or in some cases ...
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International human rights NGOs undertake a wide range of activities to monitor the implementation of human rights in all parts of the world. These organizations, inter alia, gather information of human rights violations, protect victims of abuses and also pave the way for cooperation or in some cases encounter with those States or non-state entities which have violated their international commitments and obligations. International NGOs, by shaping the public opinion and provide technical support for human rights education programs, work to promote and protect the international norms of human rights. NGOs, have almost succeeded to stabilize their place in international judicial and criminal system and in many occasions accompany the victims as amicus curiae or even in certain cases they participate in the hearings as the complainant. Furthermore, in recent years, they have had an important role in initiating the formulation of drafts of most of the human rights treaties and have encouraged the States to ratify these international instruments. This article has a descriptive and analytical approach and aims to present an overall overview of the recent developments.
mahdi rezaei; Mahdi Mahdavi Zahed; Mahdi Moradi Berelian
Abstract
Eminent Domain is the legal term describing the government's right to take private property, without the owner’s consent, to provide some benefit to the public use, but the power of eminent domain and the classic freedom stemming from property rights are fundamentally opposed. So the power may ...
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Eminent Domain is the legal term describing the government's right to take private property, without the owner’s consent, to provide some benefit to the public use, but the power of eminent domain and the classic freedom stemming from property rights are fundamentally opposed. So the power may be invoked only for a public purpose, but what constitutes public purpose is wide open to interpretation and use. This article interprets the “public use” clause & presents narrow & broad definition of public use within eminent domain law through a case study the U.S. Supreme Court’s decision in Kelo v. City of New London and decisions in several other important cases are problematic. The article concludes that the theory of public use based on secret purchases and private influence provides a socially desirable, administrable, and constitutional mechanism for distinguishing between public and private uses and reforming the law of eminent domain. v,kni
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.
seyd yaser ziaee
Abstract
The event of transnational crimes entailed to the reviewing of tradition bases of jurisdiction like territorial and personal jurisdictions. So universal jurisdiction as a legal base for prosecute of international crimes came to internal laws of States. discard with the source and nature of universal ...
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The event of transnational crimes entailed to the reviewing of tradition bases of jurisdiction like territorial and personal jurisdictions. So universal jurisdiction as a legal base for prosecute of international crimes came to internal laws of States. discard with the source and nature of universal jurisdiction, application of universal jurisdiction needs some conditions which can be induced from different sources of international law, like presence of the accused, legality of crime and punishment, dual criminality, awareness of law, Non Bis in Idem principle, et. While there is no doubt in respecting to some of these conditions, there are some challenges to some of them like mutual criminality and necessity of a personal prosecutor. Universal jurisdiction is in conformity with the principle of access to justice and can help to international public order provided respecting to necessary conditions by national courts. Key Words: universal jurisdiction, international criminal law, international law, international crimes, national tribunals.
Abstract
One of the most important legal issues which is mentioned in rules of ICJ is Counterclaim. This issue is mentioned in rules of both permanent international court of justice and ICJ and now is noticed in article 80 of rules. Article 80 considers two elements that if a claim enjoys them, it will be called ...
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One of the most important legal issues which is mentioned in rules of ICJ is Counterclaim. This issue is mentioned in rules of both permanent international court of justice and ICJ and now is noticed in article 80 of rules. Article 80 considers two elements that if a claim enjoys them, it will be called counterclaim, these two elements are Direct connection with the subject matter of the claim and “Jurisdiction over the counterclaim. But this article does not explain the details and does not illustrate what does it mean about the conditions. Inspite of all of the reforms and reviews which is done, This general statement spawned the legal ambiguity that when and how ICJ recognizes a claim as counterclaim. Nevertheless, ICJ by it´s practice could answer to these ambiguity and established relatively complete regime for concept of counterclaim. ICJ for recognizing the first element, considers facts, common legal facts,legal aims and for the second element consider the reaction of the respondent of the counterclaim.
Abdollah Abedini; Zahra Sadat Sharegh
Abstract
The conclusion of Joint Comprehensive Plan of Action (JCPOA) has made significant changes in the process of discussions about Iran’s nuclear program in Security Council. One of these important changes was alternation of SC’s approach about Sanction Committee 1737. The content of resolution ...
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The conclusion of Joint Comprehensive Plan of Action (JCPOA) has made significant changes in the process of discussions about Iran’s nuclear program in Security Council. One of these important changes was alternation of SC’s approach about Sanction Committee 1737. The content of resolution 2231(2015) indicated the end of the task of the Sanction Committee would be coincided with the revocation of sanctions. Yet, some of the sanctions will be continued until the termination of resolution 2231, and having supervision on them would be necessary. Prospect of establishment of a Joint Commission in JCPOA, with same tasks as the Sanction Committee 1737, has created doubts about elimination of Sanction Committee 1737 . As long as there is a sanction, deviation from them requires reaction and this reaction is often means putting the related person’s name in sanction list. However, this is an exclusive right of SC. Therefore, the resolution 2231(2015) has provided some provision according to which the SC alongside the joint commission would supervise on implementation of the commitment and take all necessary measures. This article will discuss about the process of eliminating of the sanction committee 1737 and granting some of its powers to the joint commission of JCPOA.
ehsan javid; Saber Niavarani
Abstract
International Covenant of Economic, Social and Cultural Rights draws the content of international obligations of states parties to the Covenant in article 2. The Covenant obliges states parties to enter into international cooperation and assistance for the full realization of the highest attainable standards ...
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International Covenant of Economic, Social and Cultural Rights draws the content of international obligations of states parties to the Covenant in article 2. The Covenant obliges states parties to enter into international cooperation and assistance for the full realization of the highest attainable standards of the rights enshrined in the Covenant. Obligation to provide international assistance indicates the extraterritorial aspects of the Covenant. International Committee of Economic, Social and Cultural Rights confirms the extraterritorial applicability of obligations resulted from the Covenant. Committee considers that states parties to the Covenant are under an obligation to enforce their obligations not only within their territory, but also within territories which they have effective control over them. Committee recognizes that some states may be faced with lack of resources and, therefore, unable to meet their international obligations under ICESCR. If a state party has enough resources but is unwilling to provide international economic and technical assistance to poorer states, its international responsibility can be alleged because of breach of its legal obligations.
Keyvan Sedaghati; Mohammad Jalali
Abstract
Abstract: management of Public endowment affairs without a trustee or an unknown one and private endowment have been delegated to endowment and charity affairs organization under certain conditions. Supervisor is an authority that the settler appoints for supervising trustee’s affairs and accurately ...
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Abstract: management of Public endowment affairs without a trustee or an unknown one and private endowment have been delegated to endowment and charity affairs organization under certain conditions. Supervisor is an authority that the settler appoints for supervising trustee’s affairs and accurately implementing the deed for an endowment. In this review, we criticized maximum supervision by the government agent (endowment organization) in the field of endowment. We also criticized withdrawal of observer’s fee from incomes of disputed endowments and proponents’ reasons for government supervision that have relied on concepts including “charity affairs”, Muslims interests”, “public interests” , and “government dignities” . Doing so, we investigated statute law and practices of endowment organization and opinions of general board of administrative justice court. Hence, considering concepts including “respecting settlers’ intents”, “guarantee the independence of the endowment”, “delegating most of management and supervision to citizens” in line with “reducing role of government controlling endowments” and “reinforcing civil society” will be led to this conclusion that related rules and regulations are at least not tolerant to interpretation of receiving observer’s fee from endowments income by the endowment and charity affairs organization.
