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.
Shahab Jafari Nedoushan; Mohammad Hassan Sadeghi Moghadam
Abstract
Fork in the road clauses and waiver clauses in investment treaties are supposed to minimize the number of parallel proceedings in foreign investment disputes. While, Fork in the road clauses preclude investors from further litigation or arbitration once the first dispute settlement mechanism is triggered, ...
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Fork in the road clauses and waiver clauses in investment treaties are supposed to minimize the number of parallel proceedings in foreign investment disputes. While, Fork in the road clauses preclude investors from further litigation or arbitration once the first dispute settlement mechanism is triggered, in waiver clauses, domestic litigation can be followed by treaty arbitration regarding the same dispute. In waiver clause, the foreign investor may recourse to treaty arbitration only if they waive their rights to adjudicate their claim before national and international litigation and arbitration (contract based or treaty based claims). It can be seen that in the application of the waiver clauses in some of the leading cases, grounds for distinguishing between treaty violation from contract violation in the function of waiver clause is not predicted; this approach is desirable. When it comes to the application of the fork in the road clause, investment arbitration precedent shows that identical cause of action is prerequisite for its function. This interpretation severely curtails the function of the fork in the road clause and is criticized in present article
Rahmatollah Farokhi; Mohammad Hossein Ramazani Ghavam Abadi; Seyd Ghasem Zamani
Abstract
European Court of Justice (ECJ) is the judicial body of the European Union (EU). Since its founding in 1952, ECJ has always played a prominent role in the development of the EU law. What has been studied in this article is the role of ECJ in transition of the EU law from duality (between national law ...
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European Court of Justice (ECJ) is the judicial body of the European Union (EU). Since its founding in 1952, ECJ has always played a prominent role in the development of the EU law. What has been studied in this article is the role of ECJ in transition of the EU law from duality (between national law of member states and EU law) to legal monism with the superiority of EU law. In implementation of its effective role, the ECJ has utilized different instruments such as Interpretation of EU law under the preliminary rulings, addressing the infringements of the EU law, recognizing the general principles of law in the form of case law, and also the principle of proportionality of regulations and domestic politics to promote the position of EU law in relation to municipal law of member states. This research partly reveals the process of EU legal integration, through the study of the ECJ case law
Aramesh Shahbazi
Abstract
With the global warming and introduction of serious issues and concerns realting to the escalation of greenhouse gases, which directly affects the lives of flora and fauna, and the role of polluting gases such as carbon dioxide, man has strived to deal with this problem using new technologies. One of ...
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With the global warming and introduction of serious issues and concerns realting to the escalation of greenhouse gases, which directly affects the lives of flora and fauna, and the role of polluting gases such as carbon dioxide, man has strived to deal with this problem using new technologies. One of those technologies is to capture and store carbon dioxide under the seabed. Nevertheless, legal rules governing the different aspects of this process are not clear. Although, 1982 LOSC rules, 1975 London Convention and its additional protocol (2006) and even some European Union directives that contain provisions in this area are significant, but still some existing challenges, including the environmental consequences resulting from the use of this technology requires serious attention in the international practice and relevant legal documents. In this paper we will briefly examine the existing legal capacities and some of the challenges relating to this technology.
mostafa Mir Mohammadi; Jalal Sadeghi
Abstract
Generations theory in human rights on the one hand, and solidarity rights on the hand have always had proponents and opponents. After three decades of the emergence of solidarity rights, it has been accepted much better on the regional level than on the global scale. Nevertheless, in recent years the ...
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Generations theory in human rights on the one hand, and solidarity rights on the hand have always had proponents and opponents. After three decades of the emergence of solidarity rights, it has been accepted much better on the regional level than on the global scale. Nevertheless, in recent years the United Nations has endeavored to introduce a new reading of solidarity rights through its two special reporters, who seek to reintroduce this right and its instances. But the question that arises is whether recent measures of the United Nations could be considered as a new evolution of solidarity rights? Will reporters be able to redefine and recognize solidarity rights as a collective and third generation right in the human rights system? This article tries to analyze and consider the relationship between solidarity rights and the right to international solidarity through with an overview of the latest instruments and reports. It seems that the reporters of the United Nations seek third generation rights through the “Right of peoples and individual to international solidarity” in order to present a new plan.
Reza Maghsoudi
Abstract
Human rights norms have caused some evolutions in the scope of forum conflicts, conflict of laws and recognition and enforcement of foreign judgments. Use of traditional rules in this branch of law such as unilateral conflict rules has been questioned and some ancient connecting factors, such as nationality ...
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Human rights norms have caused some evolutions in the scope of forum conflicts, conflict of laws and recognition and enforcement of foreign judgments. Use of traditional rules in this branch of law such as unilateral conflict rules has been questioned and some ancient connecting factors, such as nationality have been periled. In the area of foreign judgments recognition, human rights regulations have also persuaded states to accept acquired rights abroad. However, necessities of public international law, states interests, human rights limits, like proportionality and public order considerations have decreased human rights effects on private international law and especially forum conflicts. In this paper we will first discuss the concept of public order and its relationship to human rights, and then human rights norms in each private international law issues will be analyzed with regard to the judgements of European Court of Human Rights
Reza Tajarloi; Zeinolabedin Taghavi; Hossien Poshtdar
Abstract
Understanding the role of the Commission of single article as a legal entity - the legal, economic and cultural considerations in the metropolises, that leads to a marginal and illegal construction in these areas and the destruction of their natural environment, reveals the necessity to review the role ...
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Understanding the role of the Commission of single article as a legal entity - the legal, economic and cultural considerations in the metropolises, that leads to a marginal and illegal construction in these areas and the destruction of their natural environment, reveals the necessity to review the role and functioning of the commission of single article in the Iranian legal system. According to the above mentioned points and the need to review the legal and institutional foundations of the commission of single article, this article examines its procedure and decision-making process based on the the most important principles of a fair trial, in order to determine the efficiency and deficiencies of this administrative authority, so that its weaknesses are identified for review by the legislators.
