mahnaz bayat komitaki; mahdi balavi
Volume 15, Issue 42 , January 2015, Pages 9-42
Abstract
AbstractThe concepts of right and expediency are two of the concepts that have beengoverned over political, ethical, legal and social discourses in the most ofcountries. However, due to the heterogeneity of the protection of the individual'srights requirements and the improvement of the general interest, ...
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AbstractThe concepts of right and expediency are two of the concepts that have beengoverned over political, ethical, legal and social discourses in the most ofcountries. However, due to the heterogeneity of the protection of the individual'srights requirements and the improvement of the general interest, the appearing ofan extent of conflict between these rights and those interests is inevitable. Theresearchers with various viewpoints about relationship between right and publicinterest have presented different solutions for such a conflict. Some of them havepresented the idea of right authority and insisted on priority of rights and someother have regarded the public interest as a superior consideration. Some ofresent theorists— by introducing the theory of exceptionalism— have insisted onthis idea that we are facing the “normalization of emergency conditions” speciallysince 9/11 and asked for offering more authority to the state in order to restrict therights while believing that public interests have precedence over the individual’srights and freedoms. In this essay, we will attempt to criticise the theory ofexceptionalism and then introduce the theory of balance as a convergent theoryabout relationship between individual rights and collective interests.
mehdi rezaei; hamed babazadeh moghadam
Volume 15, Issue 42 , January 2015, Pages 43-82
Abstract
AbstractNowadays, internet has a pivotal role in supporting the right for freedom ofexpression; by removing the restrictions of publication, search, and access toinformation, it has prepared the ground for the application of this fundamentalright. This new communication tool, like all other social topics, ...
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AbstractNowadays, internet has a pivotal role in supporting the right for freedom ofexpression; by removing the restrictions of publication, search, and access toinformation, it has prepared the ground for the application of this fundamentalright. This new communication tool, like all other social topics, requireorganization through development of enforceable rules and regulations.Undoubtedly, to become effective process, it requires a true knowledge of thespecific characteristics of this media and new communication tools within thecontext of the society. In this essay– considering the current state of the internetand the possible changes that may occur in the short-term and regional andinternational experiences (UNESCO and European Council) – we attempted toidentify and introduce some principles for the codification of internet laws andregulations. It seems that these principles must be regarded in policy making.
dariush ashrafi
Volume 15, Issue 42 , January 2015, Pages 83-109
Abstract
Establishment of international peace and security has been among the oldestaspirations of mankind. Peace and security have never had a firm concept but havechanged gradually within the years. Before the recent changes in internationalrelations, according to the system that called Westphalia Regime, peace ...
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Establishment of international peace and security has been among the oldestaspirations of mankind. Peace and security have never had a firm concept but havechanged gradually within the years. Before the recent changes in internationalrelations, according to the system that called Westphalia Regime, peace andsecurity were regarded as respecting to the meaning of sovereign rights, equalityrights, observance of states immunity and their representatives, respect to territorialintegrity of states, non-intervention in each other's internal affairs and peacefulsettlement of deputies.However, globalization has changed the concept of international peace and security.In this period, the essence of threats has been changed so as to the threats have beenextended from military aspect to other aspects including: poverty and starvation,terrorism, smuggling and organized crimes, breakout of epidemic, uncontrolledimmigration, destruction of environment and human rights violation. According tosuch an interpretation of international peace and security, the security council of theUnited Nations which is the main organ for protecting peace and security, after theend of the cold war, has regarded humanitarian crisis, ethnic cleaning, politicalregime change as the threats to the international peace and security.
kheirollah parvin; hosein delbar
Volume 15, Issue 42 , January 2015, Pages 111-140
Abstract
Although often decisions have been made and some proper laws been determinedfor solving some problematic issues, wrong or inefficient ways of implementation oflaw and executive and administrative systems mismanagement which cause thefailure of reaching the determined goals are characterized in the assessment ...
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Although often decisions have been made and some proper laws been determinedfor solving some problematic issues, wrong or inefficient ways of implementation oflaw and executive and administrative systems mismanagement which cause thefailure of reaching the determined goals are characterized in the assessment phase.Therefore, the main purpose of present essay through the first chapter is theinvestigation of the role of surveillance institutes in Iran while having the emphasison the status of the State General Inspection Organization in the process of publicpolicy making in general, and in particular is the investigation of this role in theevaluation process of laws and provisions. In the second chapter, the role ofinspection organization is addressed as well as management organization accordingto the management services in the country in the phase of “inspection ofperformance and evaluation of policies”. Achievements are good evidences to showthat these two bodies are well qualified to reform and offer the mechanisms whichmight be able to influence the performance of executive systems and can also beable to fulfill the change from the inspection- audit approach to the inspectioncorrectivesurveillance.
mansour jabbari; fatemeh hatami
Volume 15, Issue 42 , January 2015, Pages 141-172
Abstract
Initially perhaps, the codification and progressive development of internationalspace law exclusively are attributed to the United Nations Committee on thePeaceful Uses of Outer Space (COPUOS). However, due to the development ofmodern technologies which are related to the outer space-specifically in ...
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Initially perhaps, the codification and progressive development of internationalspace law exclusively are attributed to the United Nations Committee on thePeaceful Uses of Outer Space (COPUOS). However, due to the development ofmodern technologies which are related to the outer space-specifically in the fieldof telecommunications- there are other regional and international organizationswhich their activities are related to the outer space and the law which governs it.Performances of these organizations, on the bases of policy and regulation, aswell as participation in operational activities, directly or indirectly, influence thedevelopment and the progressive development of international outer space law.The International Telecommunication Union has significant role in the field ofpolicy making and regulation, particularly radio regulation and allocation ofspectrum and orbit resources. In this Article, first, we will describe the history offormation, activities and foundations of ITU, and then we will evaluate the ruleswhich govern the quality of allocation of frequencies and the results of some recentconferences of the ITU on the Radio communication and, without entering into thefield of technical issues, we will attempt to provide clear picture of quantity andimportance of the relationship between codification and progressive development ofinternational outer space law and the ITU'S performance in this regard.
yousef molaei; ebrahim shoarian
Volume 15, Issue 42 , January 2015, Pages 173-190
Abstract
Despite of the fact that the principle of freedom of contract has made it possible forthe parties to reach the agreement with free will and full authority, the experience hasshown that the contractual balance between the parties has been impaired by thepassage of time and scientific and industrial advancementso ...
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Despite of the fact that the principle of freedom of contract has made it possible forthe parties to reach the agreement with free will and full authority, the experience hasshown that the contractual balance between the parties has been impaired by thepassage of time and scientific and industrial advancementso as to it has brought theissue of weak and strong party in many contracts andconsequentlyhas made it difficultfor law-makers and jurists to establish the balance between the parties.Since long before, due to the various reasons, the protection of the weaker party ofthe contracthascaused the distance of some parts of private relations from the ambitof private law; protecting the employee in the labor contract is a good example hereto be mentioned. Nevertheless, it seems that there is no end point for such amovement and the rules of human rights are attempting to take further stepincontrolling the rules of private law. Human rights that has already shown itseffectiveness in constitutional and criminal law, is striving to inter into the scope ofprivate law including contract law through the expansion of its basic rulesin orderto show that it is not merely a monitor of the parties’ contract. On the contrary, itwill protect the basic rules of human rights wherever it is required.Nowadays, human right is not considered as a mere protector of individuals againstgovernments. Conversely, the impacts of human rights on contract law have beenacknowledged both by case law and scholars, specifically in the European legalsystem. Our legal system is not familiar with this phenomenon but the presentessayattempts only to broach the issue and provide the basis for further developmentof the concept in our legal system.
seyd yaser ziaee
Volume 15, Issue 42 , January 2015, Pages 191-224
Abstract
The relationship between international investment law and internationalenvironment law is a contradictory relationship in purposes but concurrent inpractice. The purpose of the former is personal economical interests, while the latteris collective human interests. However, the atmosphere in which both ...
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The relationship between international investment law and internationalenvironment law is a contradictory relationship in purposes but concurrent inpractice. The purpose of the former is personal economical interests, while the latteris collective human interests. However, the atmosphere in which both of them areapplied, is the same. These two branches of international law are definable out oftraditional international law which is State-centric; since the internationalinvestment law concerns the relationships of State actors with non-State actors whoare away from the principle of equality of sovereigns, and internationalenvironmental law concerns the common heritage of mankind at all which is awayfrom the principle of consent of States. The present essay with special reference tothe last case at the ICJ called “The Case Concerning Pulp Mills on the River,Argentina vs Uruguay” and other common sources of these two laws, tries toexplore and analyze existent conflicts in applying two laws. At the end, authorsuggests some working methods for reconciling of international investment law andinternational environment law. A balance between these two branches ofinternational law not only would prevent detriments to national and foreigninvestors- that existence of international economic depends on them- but also wouldprevent harms to environment which is necessary milieu for investment.
