Mehdi Rezaei; Mohammad Mehdi khosravi
Volume 15, Issue 39 , July 2013, Pages 9-34
Abstract
Epistemic-Ontological view although not codified in a separate field on legal propositions which states normative statement is one of the important issue, discussed in philosophy of law in both Islamic legal and western legal philosophy. On this basis, The outcome of islamic and western views can be ...
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Epistemic-Ontological view although not codified in a separate field on legal propositions which states normative statement is one of the important issue, discussed in philosophy of law in both Islamic legal and western legal philosophy. On this basis, The outcome of islamic and western views can be analayzed in realistic and unrealistic school, of which the second is refered to as unrealistic and the other as well as some of Islamic philosophers as a realistic school which ratiocinates islamic legal system and leads to its choice as an reasonable legal system.The article summarizes the main thought and criticisms of western and second islamic philosophers concerning unrealistic school and then gives a detailed overview of realistic idea which its goal is to prove that all normative legal propositions base on actual and necessary causality
Aramesh Shahbazi; Khadijeh Javadi Sharif
Volume 15, Issue 39 , July 2013, Pages 35-60
Abstract
Since the end of the cold war, the International Community has become
increasingly preoccupied with a phenomenon giving rise to a wide range of
humanitarian, legal and security strains generally known as ‘State failure’.
Recent examples of it are the situation of state institutions in ...
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Since the end of the cold war, the International Community has become
increasingly preoccupied with a phenomenon giving rise to a wide range of
humanitarian, legal and security strains generally known as ‘State failure’.
Recent examples of it are the situation of state institutions in Somalia , the
disintegration of the former Yugoslavia, the crises in Rwanda, Haiti,
Liberia, Congo, Sierra Leone and finally Afghanistan. While some argue
that the challenges ahead of the process of reconstructing the weak failed
States ,in a liberal democratic fashion, is rather cultural than a mere
technical issue, the main question with regards to its broad definition
remains as to how under International law may we recognize a state as
weak or “Failed State”. In this article, after reviewing certain features of a
state failure, we will chronologically analyze the different aspect of the
failed states in both doctrinal views and states practice in contemporary
international law.
Seyed Abbas Poorhashemi; Sahar Zarei; Yalda Khalatbari
Volume 15, Issue 39 , July 2013, Pages 61-90
Abstract
The principle of International Cooperatio is of great importance in the
International environmental law as one of the public international law
branches. In this fram ework the euitable and reasonable utilization of
territory and management of common resources such as transboundary water
resources ...
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The principle of International Cooperatio is of great importance in the
International environmental law as one of the public international law
branches. In this fram ework the euitable and reasonable utilization of
territory and management of common resources such as transboundary water
resources and international lakes requires international cooperation.
Universal desire to Public’s need to cooperate toward environmental
protection in many binding and non - and it s implementation in global and
regional scope is studied legal basis of the principle of cooperation in
international environmental law is expressed the 1972 Stockholm
Declaration is one of the first texts who initiate this issue. In this paper, is
expressed. Article 24 of environmental law texts binding international
Ali Reza Abadi; Vahid Agah; Saeid Reza Abadi
Volume 15, Issue 39 , July 2013, Pages 91-128
Abstract
Introduction of the notion “Decent Work” by Secretary General to International Labor Organization (ILO) in 1999, opened a new chapter in the field of labor law. A division of law subject to ongoing development and evolving dynamics, mainly as a result of ILO perseverance towards formalization ...
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Introduction of the notion “Decent Work” by Secretary General to International Labor Organization (ILO) in 1999, opened a new chapter in the field of labor law. A division of law subject to ongoing development and evolving dynamics, mainly as a result of ILO perseverance towards formalization of minimal oughts and basics bearing on the conception of labor law. Decent work by pursuing a combination of four strategic objectives of securing: 1- Basic rights at work including: A- Abolition of forced labor B- Freedom of labor unions and right to unionize C- Wage equality and prohibition of discrimination. D- Minimum working age and abolition of the worst forms of unlawful child labor. 2 - Employment. 3 - Social support. 4 - Social dialogue; opened a new debate as to reshape the pattern of labor law. In this article, irrespective of potential limitations, such debate is reviewed both theoretically by comparative study of relevant laws and regulations and experimentally through statistical examination by making reference in social dialogue to the figures and indexes published by ILO on the issues of failure to enroll children (aged 10-14 years) in school, low hourly wages and the such in Iran. This article concludes that deficiencies attributable to the legal regime of decent work in Iran lies mainly on two areas of basic rights at work, namely social dialogue and indeed, freedom of unionization. Furthermore , Iran sadly ranked 29 among 41 countries of which minimal statistics were available, mainly due to its "excessive working hours " and the gap between its male and female contribution in the country’s work force pattern . Since in the absence of statistical analysis, effective identification of decent work deficiencies seems somewhat impractical, constant data gathering, keeping records of relevant indicators by authorities and public access to such figures is deemed crucial.
Mohammad Jalali; Rezvan Ziaei
Volume 15, Issue 39 , July 2013, Pages 129-166
Abstract
In every society, power is deemed as an essential element for securing andmaintaining sovereign governments worldwide; however, human history showswhere it is not laid under control and supervision, in the absence of unaccountabilityto members of society, there is a likelihood of its inclination towards ...
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In every society, power is deemed as an essential element for securing andmaintaining sovereign governments worldwide; however, human history showswhere it is not laid under control and supervision, in the absence of unaccountabilityto members of society, there is a likelihood of its inclination towards abuse of powerand corruption. Meanwhile, even so the government structure may well be assumedas democratic, maintaining constant supervision over its various constituentelements and divisions is a prime objective destined, within a legal framework, to beachieved and that it requires efficient supervisory vehicles in place as to carry outduties of such grave importance. Notwithstanding that, it is a duty assumedprimarily on judicial bodies to fulfill, prevalent complexity and bureaucracy in mazyaisles of courts coupled with lengthy proceedings therein, compelled some statesestablish organizations delegated to deal with complaints brought by people throughnon-judicial fast and brief process. These organizations were termed “Ombudsman”or non-judicial supervisory institutions.Nowadays, Ombudsman-providing the public with convenient non-judicialmechanism, through which their complaints against government are heard - isconsidered as an indication of political development and an inalienable part ofeffectively protecting basic rights of citizens living in democratic societies, to suchextend that one may argue that the notion of a democratic and developed nation maynot realize without independent and efficient Ombudsman in place. Indeed, bystriking a balance between the interests of the people and the government to whichthey are nationals, Ombudsman function as powerful mean laying down thenecessary foundation for realization of a favorable democracy. Accordingly, giventheir superb functionality and potentials, Ombudsmen may well serve the vitalpurpose of developing and institutionalizing a democracy by reinforcing itsfundamental principles and satisfactory addressing of citizens grievances or petitionswhich may arise as a result of government wrongdoing.Adopting a question-oriented approach and through a descriptive-analytic method, thispaper attempts to examine the relationship between democracy and Ombudsman as anon-judicial supervisory establishment; and respond to the questions of how and bywhat means may it globally contribute to development of democracy.
Mohammad Rasekh; Faezeh Ameri
Volume 15, Issue 39 , July 2013, Pages 167-196
Abstract
Recent developments of concept and instances of rights have given rise tomany chanllenges among legal theorists, each of them has attempted totackle the challenges in his/her particular way. It is claimed that in orderfor us to have a better life it is no longer possible to merely rely on thefirst and ...
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Recent developments of concept and instances of rights have given rise tomany chanllenges among legal theorists, each of them has attempted totackle the challenges in his/her particular way. It is claimed that in orderfor us to have a better life it is no longer possible to merely rely on thefirst and second generations of rights. It is, necessary to (generate orestablish) another generation of rights that is commensurate withrequirments of the collective life. This necessity has been the basis onwhich the idea of third generation rights has been established. Now, inorder to deal with claims under third generation rights – which are alsocalled group, collective or peoples – we are, first, required to put forth aclear undeatanding of the concept of third generation rights. It is, then,essential to deal with theoretical foundations of these rights. In thisregard, we endeavour to answer certain fundamental questions on theserights: what does third generation rights mean? What are their instances?Are we allowed to use the title of ‘rights’ for claims made undercollective life per se? What are the arguments of proponents of this kindof rights? Are the arguments tenable? If not, what is the altertanativeanalysis?
