Public Law Researsh

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 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.

Abstract Regulations governing the employment of human resources in Iran are
studied in two separate legal systems. Provisions relating to public sector
employment are studied in the administrative law and provisions relating to
private sector employment are studied in the labor law. According to the existing
laws, certain authorities are determined in order to deal with complaints
concerning the employment of each of these two groups. However, despite the
determination of such authorities, it seems that in some cases uncertainty may
arise as to discern the competent authority. Its major problem relates to the
ambiguity in the scope of labor law on the one hand, and other employment laws
and regulations on the other hand. Thus according to the definition of the
worker and employee, detecting their difference aspects, their diagnosis criteria,
and determination of the competent authority to deal with the recruitment
complaints would be essential, and should be conducted according to the rules
and legal texts.

Abstract Disclosure of evidences to the accused is one of his defensive right
components. Criminal Justice requires that the position of the accused in the
criminal justice system be upgraded to the extent that he could defend himself.
The accused is not entitled to use the facilities for collecting and presenting
evidences for his acquittal charges after his arrest. In international criminal
trials it is the duty of the Prosecutor, so that, in addition to other obligations, he
may collect and disclose the evidences in favor of the accused. Although the
International Criminal Court's Statute and Rules of Procedure and Evidence are
innovative with regard to the evidences disclosure to the accused, but this
disclosure is inconsistent with the protection of witnesses and victims, the
confidentiality of reasons and prolongation of proceedings

Abstract The aim of this paper is to examine the impact of realistic theories of
international relations on the development of international law. Realists,
because of the anarchy in the international system, focus on power rather than
the law. For this reason, they consider the relationship between power and law
as a confrontational one. However, this research seeks to prove the hypothesis
that power creates and advocates the rules of international law. Since the
establishment of the sovereignty of nations, gradually rules to regulate the
relations between States were developed. After that, the major powers took over
the administration of international relations. History of international relations
also shows that, in the period known as the hegemonic stability, although the
hegemony benefited from the rules of international law in its own interests, it
has acted as the main supporter of the rules of international law to maintain
international stability and security. This paper, from a historical viewpoint, aims
to examine the role of power in development of international law, by using a
descriptive- analytic method

Abstract Research about the budget in Iran has a long history. In this research, we
will explain components of the outside-systematic approach to the legal budget
system and the obstacles to its reform in Iran with regard to the institutional
analysis. This research achievement, regardless of the introduction of a new
approach in the field of public finance law, is the expression of neccessities,
principles and strategies for reformation of budget legal system in Iran. The
most important result of this Study is that the budget legal system in Iran is
shaped In the light of informal institutions; and although after the Constitutional
Revolution a series of laws and regulations were enacted in this field, but
procedures related to governance, the structure of the government and related
organizations have contributed to extending the looting system, threatening the
private property, lack of enough attention to the development means and good
governance in Iran. Therefore, without reforming the government institution and
change in the state’s decision making process and allocating the resources, the
previous unfavorable situation will continue. Accordingly, the budget legal
system’s revision depends on constitutional law and the administrative system
reform

Abstract Industrial development and application of wide range of modern
technologies are one of the influential factors in the increase of investment,
economic growth and promotion of social welfare. However, according to
conducted research and existing empirical evidence, those factors have brought
about negative environmental impacts such as climate change and global
warming. Here, patent system as a main legal framework to encourage and
protect innovations, inventions and industrial progress has an undeniable role in
the extent of such negative environmental impacts. Biological pollution is mainly
the result of industrial activities and application of technologies that were or are
protected under patent laws. Since the Convention on Biological Diversity
emphasizes on the necessity of the preservation of environment and sustainable
development, this Article tries to identify and clarify the legal gaps in patent
laws by studying the patent protection theories and rationales, and further
through the analysis of such laws and international cases put forward a number
of solutions to the environmental challenges by offering some suggestions
regarding the amendment of patent system.

Abstract Legal pluralism can be limited to formal and technical analyses; it could
mean the governing of different legal mechanism to identical situations.
Meanwhile, this meaning of legal pluralism hinders the judgment of all realities
of the legal system and its development. Legal pluralism should not be
investigated on the legal mechanisms level, but rather in the foundations and
origins of the legal rules.
This meaning of legal pluralism can be vertical or horizontal. Vertical
pluralism is accepting several foundations in the same lenght, and lower
foundation obtains its validity from higher foundation. It is horizontal when
several foundations are in same width and no foundation doesn’t obtain its
validity from other foundation and they are independent. In any case, both types
of pluralism lead to substantive diversity of legal rules. Legal pluralism also
provides for development in the legal system and most importantly justifies the
evolution from traditional law to modern law and from modern law to postmodern
law.