Hosain Sharifi Tarazkohi; Heidar Piri
Volume 14, Issue 38 , March 2013, Pages 9-37
Abstract
Undoubtedly, one of the most ambiguous and controversial concepts in
the international law documents is the debate on the vital national interest
which is as old as the concept of nation-state itself and every country due
to its own situations and conditions gives a specific interpretation of this
concept. ...
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Undoubtedly, one of the most ambiguous and controversial concepts in
the international law documents is the debate on the vital national interest
which is as old as the concept of nation-state itself and every country due
to its own situations and conditions gives a specific interpretation of this
concept. The concept of vital national interest, has created a juridical gap
and as an essentially political concept has kept its place in juridical texts,
which is considered as one of the main obstacles for developments and
progresses of international law, because it has been used by states in
many ways as a shield against legal standards, as well as as a tool to
escape from legal obligations. Therefore, it lays some restrictions on the
application of international law rules, yet it looms its acts and claims for
regarding international law.
International Jurisprudence expresses that, in the relationship between the
vital national interests and international legal orders, it is the legal system
which has the prior importance. owever, contrary to the government’s view,
they allow restricted vital national interest and declare that national interest
subordinates to International Law and it is not subject to the of each state.
International Law has always tried to interpret thevital national interests in a
way that results in the least loss to the universal International values.
Hossein Sartipi; Ahmadreza Bordbar; Mohammad Mosuzadeh
Volume 14, Issue 38 , March 2013, Pages 39-76
Abstract
The “Targeted Killing” can be seen in various formsover the course of past
history. It plans to explain the concept of "Targeted Killing under
international law" as follows:First, it provides a legal and desirable definition of
the concept;Second, it examines various legal frameworks and ...
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The “Targeted Killing” can be seen in various formsover the course of past
history. It plans to explain the concept of "Targeted Killing under
international law" as follows:First, it provides a legal and desirable definition of
the concept;Second, it examines various legal frameworks and models
governing The Targeted Killing(The Model of domestic law;The Modelof
human rights law; The Model ofJus Ad Bellum and The Model of Jus In
Bellum);Third, it studies Targeted Killing under international humanitarian
law and its rules and principles (The principles of separation,
Proportionality, etc.) as a detailed and deep form;Finally the fourth, it
provides the legitimacy of Targeted Killing and its conditions under current
international law.
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.
Mansor Jabbari; Hussein Tajabadi
Volume 14, Issue 38 , March 2013, Pages 101-118
Abstract
In the geostationary, The use of orbit/spectrum resources through
international telecommunication policies have always been challenging.
Such challenges are in the result of some existing limitations in both the
GSO capacity and its unique features in telecommunication fields. This
article will clarify ...
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In the geostationary, The use of orbit/spectrum resources through
international telecommunication policies have always been challenging.
Such challenges are in the result of some existing limitations in both the
GSO capacity and its unique features in telecommunication fields. This
article will clarify the privileges and deficiencies of the current and main
regimes (i.e. A First come first served and A Priori planning) in frequency
allocation in geostationary orbit, and discuss role of the developing
countries to enact in the geostationary orbit.
Mohammad Reza Vijeh; Vahid Agah
Volume 14, Issue 38 , March 2013, Pages 121-161
Abstract
Administrative Justice Court's third Act is finally getting ready for
terminal ratification after almost one year period of time transmittal
process between Parliament and Guardian Council. However The ratified
deed that still is considered as the title of bill, has changed its nature from
a typical ...
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Administrative Justice Court's third Act is finally getting ready for
terminal ratification after almost one year period of time transmittal
process between Parliament and Guardian Council. However The ratified
deed that still is considered as the title of bill, has changed its nature from
a typical procedure to a strict project including: structure, competence and
procedure during parliament revise.
Despite its minimum considerations in the case of reclamation two stage
inquiry, administrative decentralization, innovating new methods in
registration and notification, collecting of Acts and rules in an exclusive
text and especially the golden Article in the case of court's control in
recognitive jurisdiction of administrative jurisdictions, In 30th
anniversary of founding Administrative Justice Court, it seems that it has
not reached considerable results in recent three decades in the case of
expanding Court's competence and inquiry.
S.Ghasem Zamani; Soheila Kusha
Volume 14, Issue 38 , March 2013, Pages 163-192
Abstract
One of the aspects of international law for peaceful settlement of legal
disputes is the consent of parties to the jurisdiction of international court
of justice (ICJ). In this regard, the way this consent will be presented, is
not important. By taking into account of this rule and jurisprudence of ...
Read More
One of the aspects of international law for peaceful settlement of legal
disputes is the consent of parties to the jurisdiction of international court
of justice (ICJ). In this regard, the way this consent will be presented, is
not important. By taking into account of this rule and jurisprudence of ICJ
and short comings of statute of the court, there must be some other
jurisdictions which are beyond those ones anticipated in the statute of the
international court of justice (ICJ). For these reasons,there is another kind
of jurisdiction which is called "Forum Prorogatum",in rules of the court.
According to this kind of jurisdiction, the respondent can informimpliedly
or expressly the court about its consent.Even after,filing an application by
defendant in the registry of the court. It can be done impliedly by taking
an action or participation in hearing without any objections or explicitly
by sending a letter in this regard to the court. This kind of jurisdiction at
first applied by [PCIJ] in the case of Mavrommatis Palestine concessions
(Greece/ United Kingdom) and gradually finds its place in jurisprudence
of the court. In a way that nowadays becomes a usual way of filling an
application in registry of the court for exercising its jurisdiction. we will
consider the latest judgment of court in case concerning "Certain
Questions of Mutual Assistance in Criminal matters" (Djibouti /France) 4
June 2008 in this essay and discuss its challenges.
Mohammad Reza Hoseini
Volume 14, Issue 38 , March 2013, Pages 193-219
Abstract
One of the aspects of international law for peaceful settlement of legal
disputes is the consent of parties to the jurisdiction of international court
of justice (ICJ). In this regard, the way this consent will be presented, is
not important. By taking into account of this rule and jurisprudence of ...
Read More
One of the aspects of international law for peaceful settlement of legal
disputes is the consent of parties to the jurisdiction of international court
of justice (ICJ). In this regard, the way this consent will be presented, is
not important. By taking into account of this rule and jurisprudence of ICJ
and short comings of statute of the court, there must be some other
jurisdictions which are beyond those ones anticipated in the statute of the
international court of justice (ICJ). For these reasons,there is another kind
of jurisdiction which is called "Forum Prorogatum",in rules of the court.
According to this kind of jurisdiction, the respondent can informimpliedly
or expressly the court about its consent.Even after,filing an application by
defendant in the registry of the court. It can be done impliedly by taking
an action or participation in hearing without any objections or explicitly
by sending a letter in this regard to the court. This kind of jurisdiction at
first applied by [PCIJ] in the case of Mavrommatis Palestine concessions
(Greece/ United Kingdom) and gradually finds its place in jurisprudence
of the court. In a way that nowadays becomes a usual way of filling an
application in registry of the court for exercising its jurisdiction. we will
consider the latest judgment of court in case concerning "Certain
Questions of Mutual Assistance in Criminal matters" (Djibouti /France) 4
June 2008 in this essay and discuss its challenges.
