Public Law Researsh

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 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

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 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.

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 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

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 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.

Abstract In every society, power is deemed as an essential element for securing and
maintaining sovereign governments worldwide; however, human history shows
where it is not laid under control and supervision, in the absence of unaccountability
to members of society, there is a likelihood of its inclination towards abuse of power
and corruption. Meanwhile, even so the government structure may well be assumed
as democratic, maintaining constant supervision over its various constituent
elements and divisions is a prime objective destined, within a legal framework, to be
achieved and that it requires efficient supervisory vehicles in place as to carry out
duties of such grave importance. Notwithstanding that, it is a duty assumed
primarily on judicial bodies to fulfill, prevalent complexity and bureaucracy in mazy
aisles of courts coupled with lengthy proceedings therein, compelled some states
establish organizations delegated to deal with complaints brought by people through
non-judicial fast and brief process. These organizations were termed “Ombudsman”
or non-judicial supervisory institutions.
Nowadays, Ombudsman-providing the public with convenient non-judicial
mechanism, through which their complaints against government are heard - is
considered as an indication of political development and an inalienable part of
effectively protecting basic rights of citizens living in democratic societies, to such
extend that one may argue that the notion of a democratic and developed nation may
not realize without independent and efficient Ombudsman in place. Indeed, by
striking a balance between the interests of the people and the government to which
they are nationals, Ombudsman function as powerful mean laying down the
necessary foundation for realization of a favorable democracy. Accordingly, given
their superb functionality and potentials, Ombudsmen may well serve the vital
purpose of developing and institutionalizing a democracy by reinforcing its
fundamental principles and satisfactory addressing of citizens grievances or petitions
which may arise as a result of government wrongdoing.
Adopting a question-oriented approach and through a descriptive-analytic method, this
paper attempts to examine the relationship between democracy and Ombudsman as a
non-judicial supervisory establishment; and respond to the questions of how and by
what means may it globally contribute to development of democracy.

Abstract Recent developments of concept and instances of rights have given rise to
many chanllenges among legal theorists, each of them has attempted to
tackle the challenges in his/her particular way. It is claimed that in order
for us to have a better life it is no longer possible to merely rely on the
first and second generations of rights. It is, necessary to (generate or
establish) another generation of rights that is commensurate with
requirments of the collective life. This necessity has been the basis on
which the idea of third generation rights has been established. Now, in
order to deal with claims under third generation rights – which are also
called group, collective or peoples – we are, first, required to put forth a
clear undeatanding of the concept of third generation rights. It is, then,
essential to deal with theoretical foundations of these rights. In this
regard, we endeavour to answer certain fundamental questions on these
rights: what does third generation rights mean? What are their instances?
Are we allowed to use the title of ‘rights’ for claims made under
collective life per se? What are the arguments of proponents of this kind
of rights? Are the arguments tenable? If not, what is the altertanative
analysis?