Abstract
The concept of power has always been controversial and disputed between political thinkers and philosophers. Modern paradigm of power has taken shape around the idea of Hobbes where power is based on the concept of sovereignty and understanding in relation to the government. This concept of power has ...
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The concept of power has always been controversial and disputed between political thinkers and philosophers. Modern paradigm of power has taken shape around the idea of Hobbes where power is based on the concept of sovereignty and understanding in relation to the government. This concept of power has been persisted in the views of other scientists in this field. In postmodernism, new paradigm of this concept was developed by Foucault's ideas about power. From this perspective, power is not concentrated in the hands of the government but is plural in society and does not operate negatively, instead it has a positive, productive, and ultimately shapes the identity of human subjects. Two issues of power and public order are related in modern legal and political thought and their connection in the relationship between State and society can be understood clearly. In the postmodern condition, perception and understanding of society and government has changed and work order in such a society, unity and equality in a nation-State is not monolithic, but rather post-modern social order is based on the principle of difference and specificity of individuals and groups. The present paper after the introduction of postmodernism has tried in light of it to explain the concept of power and public order which are the foundations of public law. 1.
Abbasali KadKhodaei; Asma Salari
Abstract
It took humankind a long time to realize its inability to understand different aspects of environmental risks and find that it would bear irreversible damage if such a risk occurs. Knowing the vulnerability of the environment and the limitations of science to accurately predict threats to it, led to ...
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It took humankind a long time to realize its inability to understand different aspects of environmental risks and find that it would bear irreversible damage if such a risk occurs. Knowing the vulnerability of the environment and the limitations of science to accurately predict threats to it, led to emerging the precautionary principle. This concept has stemmed from domestic legal systems and is being developed in international law. Various Formulations of the principle and its including in binding and nonbinding international instruments in varied fields have resulted in controversial discussions between states, Tribunals and Commentators on Its legal status in International law. They are at least divided into two groups: some who are on customary status of the principle and some who entitle it as a general principle of law. This paper examines different views towards the legal status of the precautionary principle in International law and try to give a reasonable opinion at the end.
Seyed Nasrollah Ebrahimi; saede ghasemi
Abstract
Recently, the resource-rich countries by adopting a variety of policies has intended to increase their shares in petroleum operations. The law enactment as to the requirement for local content utilization is a way through employing the workforces, equipment and products locally provided in the territory ...
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Recently, the resource-rich countries by adopting a variety of policies has intended to increase their shares in petroleum operations. The law enactment as to the requirement for local content utilization is a way through employing the workforces, equipment and products locally provided in the territory by increasing the value-added to the country’s economic other than the extraction project. Upon oil exploration in Iran, especially after the nationalization of petroleum industry and also the Islamic revolution, different rules and regulations have been enacted in respect of local content. Currently, the “Law on Maximum Utilization of Manufacturing and Service Rendering Capabilities to Resolve the Country’s Requirements and Strengthen them in the Course of Export and to Modify the Article (104) of Direct Tax Act” is the most important instrument which reflects the local content requirements including: project assignment to Iranian companies, Iranian-foreign joint venture or foreign companies, performance requirement, respecting minimum percentage (51%), information requirement, monitoring and controlling requirement and refers to the sanctions of defaults and exceptions. This article attempts to explain each of the mentioned requirements, sanctions and exceptions and refers to the existing gaps by considering the characteristics of petroleum industry and proposes respective recommendations as to the case.
Abstract
Challenge of arbitrators is a controversial issue in international arbitration in
general and in ICSID Arbitration in particular. There is a consensus that the
lack of impartiality and independency leads arbitrators to be challenged.
However, there is a duality of standards for challenging arbitrators. ...
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Challenge of arbitrators is a controversial issue in international arbitration in
general and in ICSID Arbitration in particular. There is a consensus that the
lack of impartiality and independency leads arbitrators to be challenged.
However, there is a duality of standards for challenging arbitrators. In
international commercial arbitration and international investment arbitration
which are not based on the Washington Convention, the standard is based on the
standard of "reasonable doubt". By contrast, ICSID Arbitration adheres to the
criterion of "lack of manifest" by virtue of Article 57 of the Washington
Convention. The majority of ICSID Tribunals make a distinction between ICSID
Arbitration and non-ICSID arbitration, which is unsatisfactory and could be
criticised. By evaluating pertinent ICSID Arbitration cases, this Article argues
that ICSID regime is ambiguous in terms of the challenge of arbitrators. It
concludes that for the purpose of adopting a unitary standard for the challenge
of arbitrators in international arbitration, ICSID Arbitration Rules as amended
in 2006 and some ICSID cases have provided the basis for invoking the standard
of "reasonable doubt".
Abstract
Recent armed conflicts have confirmed that the use of explosive weapons is a
major cause of civilian death and injury and destruction and damage of civilian
residences and critical civilian infrastructure. Although there is no dispute that
any use of explosive weapons in populated areas must comply ...
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Recent armed conflicts have confirmed that the use of explosive weapons is a
major cause of civilian death and injury and destruction and damage of civilian
residences and critical civilian infrastructure. Although there is no dispute that
any use of explosive weapons in populated areas must comply with the rules of
IHL, there are divergent views on whether these rules and principles sufficiently
regulate the use of such weapons, or whether there is a need to clarify their
interpretation or even to develop new rules.
Abstract
The strategy of government for facing with music concert is examined from
viewpoint of either intervention or supervision. In the intervention strategy
through security forces, the government enforces artists for receiving prior
permission and license for holding music concerts. In fact, applying ...
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The strategy of government for facing with music concert is examined from
viewpoint of either intervention or supervision. In the intervention strategy
through security forces, the government enforces artists for receiving prior
permission and license for holding music concerts. In fact, applying licensing
system limits the artistic rights, especially the right to freedom of artistic
expression and the government may supervise over music concerts before,
during production and before presentation and only upon issuing license, the
musician is able to present the show on live stage concert. In the second
strategy, it is focused on the principle of freedom and the government upon
production of music and only in case of confronting with crime and violation of
law, may intervene in a music concert. According to positive law in Iran, a very
strict licensing system in the Ministry of Culture and Islamic Guidance is
established that apart from its fundamental weaknesses, refers to selecting the
“intervention strategy”. But also in practice, the second strategy is applied
through police force and the Judiciary. Thus, it refers to a chaotic mixed system
of intervention and supervision with different approaches that in addition to be
illogical, may lead to wasting the capital, time and energy of musicians. The
present article examines this issue and offers the following solutions:
establishment of administrative courts by maximum partnership of music guild
system (unions) at Ministry of Culture and Islamic Guidance and appeal
jurisdiction of court of administrative justice in single stage for all plaintiffs
either musicians or the government.
Habibollah Rahimi
Abstract
After Islamic revolution in Iran, principle 171 of the Constitution made a very serious change in civil liability of State and judges. The State became liable for the mistake of judges though the act of judges is an act of State authority which did not cause liability for State according to article 11 ...
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After Islamic revolution in Iran, principle 171 of the Constitution made a very serious change in civil liability of State and judges. The State became liable for the mistake of judges though the act of judges is an act of State authority which did not cause liability for State according to article 11 of Civil Liability Act. That principle was on the favor of victims but in reality there were rarely an award to compensate them. In new Islamic Criminal Code and the new Code of Criminal Procedure, there are some new articles relating to the liability of State for issuance and enforcement of judicial decisions. The question is whether these new articles made any changes in bases, conditions and effects of liability derived from issuing and enforcing judicial decisions and whether these changes are in accordance with the Shia jurisprudence or not. In this article, these questions are discussed and in addition, focus has been put on the problems of the new Acts.
mahmood mortezaeefatd; ali bigdeli; alireza ali soofi
Abstract
During the Naseri era, both Amir Kabir and Sepahsalar had reforming plans
for the judiciary system. The most significant challenges of their administration
period included the religious versus conventional courts, the extent to which
clergymen could intervene in judiciary affairs and a change of attitude ...
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During the Naseri era, both Amir Kabir and Sepahsalar had reforming plans
for the judiciary system. The most significant challenges of their administration
period included the religious versus conventional courts, the extent to which
clergymen could intervene in judiciary affairs and a change of attitude in the
scope of judiciary affairs. This study has investigated the relationship between
these two reformative plans. The results indicates the major reforms
implemented by Amor Kabir as follows: the reformation of the religious court,
establishing the court of justice (house of justice), revoking the convention of
sanctuary and a pay cut for the clergymen, whereas Sepahsalar executed the
following reforms: publishing the guide booklet of the judiciary power's court
house, enacting laws to support the proletariat rights, restricting the ruler's
authority and creating a new judiciary structure. Both reformers tried to
strengthen the conventional court against the religious court. It seems that,
regardless of similarities, they were following different approaches. Amir must
have intended to perform justice through some reforms influenced by Occidental
trends, whereas Sepahsalar tried to use the law as a driving force for other
sectors of the society to move toward development.
Abstract
This paper attempt to review the biases of taking costs of proceedings in the administrative litigations. the 1392 administration and rules of procedure in Iranian administrative court tribunal act in Article 19, has been appointed that the cost of proceedings in the lower branches was one hundred thousand ...
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This paper attempt to review the biases of taking costs of proceedings in the administrative litigations. the 1392 administration and rules of procedure in Iranian administrative court tribunal act in Article 19, has been appointed that the cost of proceedings in the lower branches was one hundred thousand Rials and two hundred thousand Rials in appeals chamber. In the appendix of this article is provided on the sum of the inflation rate announced by the central bank of the Islamic Republic of Iran, corrected every three years with the proposal of the president of administrative court tribunal, confirmation of head of the judiciary and then approved by the cabinet. Therefore, litigation in administrative court tribunal is required to pay costs of proceedings. the main hypothesis of this article is based on the belief that except for some exceptions, the 1932 act Is moving towards accepting the theory of taking costs of proceedings in administrative actions
