Hossein Sharifi Tarazkoohi; Victor Barin Chaharbakhsh
Volume 15, Issue 40 , September 2013, Pages 9-36
Abstract
While an overwhelming majority of states have hitherto not exercised any form ofanticipatory self-defense, believing that it may lay foundation for an ominousprecedent, the question remains as to why some writers insist on promoting theconcept. As of September 11, there have been increasing louder voices ...
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While an overwhelming majority of states have hitherto not exercised any form ofanticipatory self-defense, believing that it may lay foundation for an ominousprecedent, the question remains as to why some writers insist on promoting theconcept. As of September 11, there have been increasing louder voices pronouncingits legality. Later, the introduction of the so-called preventive self-defense by theUS as a part of its National Security Agenda , rested way beyond the traditionalinterpretation of the Anticipatory Self-Defense. It appears that the historic doctrinaldebate has resurfaced with yet stronger vigor. The present article is an attempt toreview the legality and re-appraise the debate on the notion of anticipatory selfdefense. The article attempts to objectively interpret Article 51 of the Charter inlight of the canons of treaty interpretation with the purpose of finding the customaryinternational law of the time. It then reexamines the Caroline formula and affirmsthat in the absence of widespread and consistent state practice and opinio juris priorto September 11,it has failed to level up or form as a customary rule ofinternational law . The article concludes that although state practice afterSeptember 11 tend to condone the use of force against imminent terrorists attacks,Article 51 of the UN Charter still stands as a valid and effective statute prevailingover the use force mechanism ;and that regardless of the temporal flaws attributedto the International Community case history , a Charter-based world order mayfavorably serve even within the context of challenges ahead in 21st century. Thearticle finally concludes that anticipatory self-defense has not been recognized as astanding norm in International law
Seyed Nasrollah Ebrahimi; Mehrzad Tajik
Volume 15, Issue 40 , September 2013, Pages 37-68
Abstract
Given the substantial role of oil and gas industry, particularly thecontribution of upstream development projects in Iran economy ,the needfor attracting and promoting foreign investments on its upstream projectsbesides insuring adequate protection of the capital flowed speciallythrough Buy-Back formula, ...
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Given the substantial role of oil and gas industry, particularly thecontribution of upstream development projects in Iran economy ,the needfor attracting and promoting foreign investments on its upstream projectsbesides insuring adequate protection of the capital flowed speciallythrough Buy-Back formula, is indisputably vital . On that account, thearticle attempts to outline the relevant prevailing rules and regulations inorder to assess Iran’s legal position in promoting and protecting foreigninvestments attracted in upstream sector of its oil and gas industry. TheArticle strives to mark and analyze such rules and regulations andattempts to shed light on the legal system governing this highly strategicindustry. In doing so, it will duly examine the upstream Exploration andDevelopment Service Contract (“Buy-Back”), with particular emphasison to the rules and regulations applicable to Iran’s Third Generation ofthe Buy-Back contract, Fifth Five Year Development Plan of the country(2011) as well as the reformed Petroleum Act of2011
Soheila Golpour; Reza Eslami
Volume 15, Issue 40 , September 2013, Pages 71-113
Abstract
This article briefly studies the historical background as well as theopinions of some scholars with respect to tolerance, as a human virtueand a moral and political value. It argues that tolerance originates fromhuman dignity and respect and that societies are advised not only totolerate the differences ...
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This article briefly studies the historical background as well as theopinions of some scholars with respect to tolerance, as a human virtueand a moral and political value. It argues that tolerance originates fromhuman dignity and respect and that societies are advised not only totolerate the differences among individuals and ethnic groups but alsovalue these differences. Further it reviews the available instruments inInternational human rights law touching on the requirement of peacefulcoexistence among social groups and minorities. It then examines inparticular, the UNESCO Declaration on Principles of Tolerance. Finallyit stresses the need for education in promoting tolerance in societieswhere social groups initiate dialogue primarily in order to eliminateprejudice, hatred and discrimination off societies, and eventually promotethe notion of peace among citizens.
Seyed Ghasem Zamani
Volume 15, Issue 40 , September 2013, Pages 115-140
Abstract
There are instances in Municipal jurisdictions where Corporate legalprotections -generally granted as a result of their legal entity- isabrogated, thus empowering third parties to file claims directly againstindividuals responsible for corporate’s conducts. Similarly in InternationalLaw there are ...
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There are instances in Municipal jurisdictions where Corporate legalprotections -generally granted as a result of their legal entity- isabrogated, thus empowering third parties to file claims directly againstindividuals responsible for corporate’s conducts. Similarly in InternationalLaw there are circumstances in which Corporate’s protections are liftedand International responsibility of states may arise as a result of actionstaken by private companies national to it. In such instances, there must beproof of indications that the private company in question has beenexercising sovereign power, has been superintended by the stategovernment and/or has followed its orders. Even so , where the aboverequirements are not so present altogether, state responsibility for privatecompanies conducts may still be envisaged as result of states responsibilityto protect human rights.
Mohammad Hossein Ramazani Ghavam Abadi
Volume 15, Issue 40 , September 2013, Pages 141-164
Abstract
Precautionary principle is one of the pivotal principles in the realm ofInternational Environmental law. For insuring sufficient protection of theenvironment, the Precautionary Approach requires states to takecomprehensive precautionary measures in line with their affordablecapabilities. Lack of ready ...
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Precautionary principle is one of the pivotal principles in the realm ofInternational Environmental law. For insuring sufficient protection of theenvironment, the Precautionary Approach requires states to takecomprehensive precautionary measures in line with their affordablecapabilities. Lack of ready access to definitive scientific facts and figures,where there are threats of serious or irreversible damages, certainty maynot lay the foundation for evading effective measures be taken as tosafeguard environmental against degradation. Although manyinternational environmental instruments have made reference to theprinciple, it is not well respected and adequately adhered to byinternational tribunals. This paper seeks to examine the legal validity ofthis principle before such tribunals.
Amir Hossein Ranjbarian; Hoda Shakib Manesh
Volume 15, Issue 40 , September 2013, Pages 167-198
Abstract
On numerous occasions over the past decades, the United Nationspeacekeepers have been charged with various offences against thecivilian populations they are commissioned to serve. To render criminaljustice, exercising jurisdiction over the accused is a requirement.Agreements between States and the UN ...
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On numerous occasions over the past decades, the United Nationspeacekeepers have been charged with various offences against thecivilian populations they are commissioned to serve. To render criminaljustice, exercising jurisdiction over the accused is a requirement.Agreements between States and the UN prescribe that the peacekeepingpersonnel shall exclusively be subject to jurisdiction of the home States.further , the contributing States shall retain exclusive jurisdiction overviolation of International Humanitarian Law by peacekeeping forces. Thepresent article examines the criminal jurisdiction of national courts andthe obligation of home States to prosecute such offences, and it furtherattempts to discuss, inter alia, ICC role in this issue
