Public Law Researsh

Abstract While an overwhelming majority of states have hitherto not exercised any form of
anticipatory self-defense, believing that it may lay foundation for an ominous
precedent, the question remains as to why some writers insist on promoting the
concept. As of September 11, there have been increasing louder voices pronouncing
its legality. Later, the introduction of the so-called preventive self-defense by the
US as a part of its National Security Agenda , rested way beyond the traditional
interpretation of the Anticipatory Self-Defense. It appears that the historic doctrinal
debate has resurfaced with yet stronger vigor. The present article is an attempt to
review the legality and re-appraise the debate on the notion of anticipatory selfdefense. The article attempts to objectively interpret Article 51 of the Charter in
light of the canons of treaty interpretation with the purpose of finding the customary
international law of the time. It then reexamines the Caroline formula and affirms
that in the absence of widespread and consistent state practice and opinio juris prior
to September 11,it has failed to level up or form as a customary rule of
international law . The article concludes that although state practice after
September 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 prevailing
over the use force mechanism ;and that regardless of the temporal flaws attributed
to the International Community case history , a Charter-based world order may
favorably serve even within the context of challenges ahead in 21st century. The
article finally concludes that anticipatory self-defense has not been recognized as a
standing norm in International law

Abstract Given the substantial role of oil and gas industry, particularly the
contribution of upstream development projects in Iran economy ,the need
for attracting and promoting foreign investments on its upstream projects
besides insuring adequate protection of the capital flowed specially
through Buy-Back formula, is indisputably vital . On that account, the
article attempts to outline the relevant prevailing rules and regulations in
order to assess Iran’s legal position in promoting and protecting foreign
investments attracted in upstream sector of its oil and gas industry. The
Article strives to mark and analyze such rules and regulations and
attempts to shed light on the legal system governing this highly strategic
industry. In doing so, it will duly examine the upstream Exploration and
Development Service Contract (“Buy-Back”), with particular emphasis
on to the rules and regulations applicable to Iran’s Third Generation of
the Buy-Back contract, Fifth Five Year Development Plan of the country
(2011) as well as the reformed Petroleum Act of2011

Abstract This article briefly studies the historical background as well as the
opinions of some scholars with respect to tolerance, as a human virtue
and a moral and political value. It argues that tolerance originates from
human dignity and respect and that societies are advised not only to
tolerate the differences among individuals and ethnic groups but also
value these differences. Further it reviews the available instruments in
International human rights law touching on the requirement of peaceful
coexistence among social groups and minorities. It then examines in
particular, the UNESCO Declaration on Principles of Tolerance. Finally
it stresses the need for education in promoting tolerance in societies
where social groups initiate dialogue primarily in order to eliminate
prejudice, hatred and discrimination off societies, and eventually promote
the notion of peace among citizens.

Abstract There are instances in Municipal jurisdictions where Corporate legal
protections -generally granted as a result of their legal entity- is
abrogated, thus empowering third parties to file claims directly against
individuals responsible for corporate’s conducts. Similarly in International
Law there are circumstances in which Corporate’s protections are lifted
and International responsibility of states may arise as a result of actions
taken by private companies national to it. In such instances, there must be
proof of indications that the private company in question has been
exercising sovereign power, has been superintended by the state
government and/or has followed its orders. Even so , where the above
requirements are not so present altogether, state responsibility for private
companies conducts may still be envisaged as result of states responsibility
to protect human rights.

Abstract Precautionary principle is one of the pivotal principles in the realm of
International Environmental law. For insuring sufficient protection of the
environment, the Precautionary Approach requires states to take
comprehensive precautionary measures in line with their affordable
capabilities. Lack of ready access to definitive scientific facts and figures,
where there are threats of serious or irreversible damages, certainty may
not lay the foundation for evading effective measures be taken as to
safeguard environmental against degradation. Although many
international environmental instruments have made reference to the
principle, it is not well respected and adequately adhered to by
international tribunals. This paper seeks to examine the legal validity of
this principle before such tribunals.

Abstract On numerous occasions over the past decades, the United Nations
peacekeepers have been charged with various offences against the
civilian populations they are commissioned to serve. To render criminal
justice, exercising jurisdiction over the accused is a requirement.
Agreements between States and the UN prescribe that the peacekeeping
personnel shall exclusively be subject to jurisdiction of the home States.
further , the contributing States shall retain exclusive jurisdiction over
violation of International Humanitarian Law by peacekeeping forces. The
present article examines the criminal jurisdiction of national courts and
the obligation of home States to prosecute such offences, and it further
attempts to discuss, inter alia, ICC role in this issue