LAW & POLITICS RESEARCH JOURNAL
Year:2009 | Volume:11 | Issue:26|Papers Count:16

The use of term ‘obligation’ in common legal discourse is not as easy as it seems. In the first glance, it may imply a natural concept while the widespread border and the possibility of different interpretation, also the invisible uncertainty in concept may raise various inquiries by different scholars in several times. Until now, the long debates on this problem have not been resulted and the great detailed dissections afoot.In this essay we will survey the foundations and theoretical debates on the subject, it contemplates the verbatim meaning, special and general concept, the connection of the terms ‘contract’ and ‘obligation’, different types of obligation and finally the sources of obligation.

The international air transportation of passenger, baggage and cargo is a rich source of potential conflict of laws, and conflict of jurisdictions.The need for unification of law with respect to the important components of contract of international carriage by air became visible during the very infancy of international air transport.From 1929 to 1999, eight instruments, namely, the Warsaw Convention of 1929, The Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala Protocol of 1971, and Additional Protocols no.1 to no.4 of 1975 and the Montreal Convention of 1999 have been adopted. During ensuing decades, efforts to update this legal regime have led to fragmentation. It is difficult to determine which one of these instruments applies in each case. This article introduces these instruments and attempts to show that air law has been developed and the Montreal Convention is an experience of 70 years of world’s airlaw practice.

Consumption of Water in Recent Years has been considerably augmented due to the growth of Population, development of cities, and expansion of agriculture. This problem has been culminated into the water crisis and conflict between the countries for the usage of water of bordering rivers. This matter has included Iraq and Iran’s bordering rivers as well. Iran has acted according to the rules of the International Law for utilizing the Water of Bordering Rivers.At present, a Commission Consisting of Iraqi and Iranian experts are studying on the shares of both Parties in accordance with the agreement signed between the two countries on Dec. 1975.

Tobacco consumption is very spread in the resent years on the worldwide. Then the efforts had done to reduce the consumption. But these are, by the any reasons have not successful. The smokers not believe that, the cigarette is vital, reduce governmental tax income, no substitute tobacco cultivation, tobacco employers on production, trade and distribution are some other reasons to unsuccessful on this product dangers. Whether the (who framework convention on tobacco control) was enacted by world society. By this treaty government parties responsible to take administrative, legal and judiciary measures for receive to convention goals. Iran has approved it and then accepted the act of full control and national combat on tobacco. So as the Iran legal systems for the first time, be criminalized tobacco productions. In this regulations with access on non judiciary response, but the criminal sanctions are the main goals in this criminal act. Criminalization in this act is on the three positions. These positions are production, exposure, and consumption.

The issue of Muslim inheritance from an apostate and vice versa is a controversial one. Is there an inheritance relation between a Muslim and an apostate even if there exists a relationship based on blood or marriage or not? How do the five sects of Islam answer this question. What are their opinions and arguments?The present article intends to put forth the views of Muslim jurisprudents and to express their arguments and finally to criticize some of their views.

In the recent years, seemingly, the role of Truth commissions has been increased in terms of considering and announcing the military crimes and political violence as well as the active roles of them for decreasing the inappropriate consequences of these kind of crimes and violence. The commissions have been considered by theorists as conflict resolution agencies. In the past, these commissions had Of law enforcement in direction of “Forensic Truth”. In other words, these commissions brought information together about violators and criminals then reported them to related authority. Recently, however, some of these commissions have considered other respects of military crimes and political violence. A part of these commissions has focused on “Narrative Truth”. These commissions have attempted to involve the both parties in Truth-discovery process in order to decrease the improper psychological consequences of crimes and violence. Another part of these commissions has concentrated on .”Reconciliation Truth” and tried to perform eco-psychic Reparation and Rehabilitation of both parties. These commissions also have endeavored to provide the conditions of interaction and reconciliation between the parties. This new perspective, had considerable achievements for conflict resolution. But, if Truth Commissions are going to act as a conflict resolution agency, especially if the goal of these Commissions to be stabilizing reconciliation and to prevent next conflicts; it is necessary to consider another aspect of Truth we call in this article as “Pathologic Truth”. This aspect of Truth has been referred to causes of the conflicts, violence and crimes in the considered societies. Through this approach, Truth Commissions should try to contemplating defective socio- political structures and processes, also to propose some suggestions for reforming these structures and processes. These commissions can be described as a “Transitional Agency”, which helps to transform from “conflict situation” to “post- conflict situation” in turmoil societies.

Human trafficking is a transnational crime. It comprises of grave violations of the victims’ human rights. So, it has been denounced by international community. Many including Luis Shelly believes that the problem of human trafficking in 21th century is similar to the cold war of the 19th century. Such statement combined with rapid growth of different aspects of human smuggling, evocates the necessity of a widespread struggle to this global challenge, which implies the use of global tools, and the use of international criminal court's capacity may be an important devise therein.Previous International experiments of criminal courts for former Yugoslavia and Rwanda have examined some aspects of this crime. The main point of this essay is the possibility of bringing this crime before international criminal court.

The Complementarity nature of the International Criminal Court raises a number of Pertinent issues with regard to the establishment of legislative and judicial frame works of investigating and Prosecuting international crimes on the national level, although the Rome Statute does not Provide conclusive guidance with respect to a number of questions, including the establishment of universal jurisdiction. The express preference for domestic prosecution in the Statute will lead to an increase in national prosecutions for international crimes and it may lead to an in crease in the exercise of universal jurisdiction by states in future years.The Combination of universal jurisdiction and International Criminal Court is a system which seems to be effective for ending the impunity.

The current intellectual property system does not, in principle, apply to the knowledge which is in the public domain. On the other hand, the knowledge used in the most of handicraft's products is the traditional knowledge that had been developed over years, passed from generation to generation and at the present time is in the public domain.Some questions might be, therefore, raised in this regard, namely: are there any international intellectual property regulations for protection of handicrafts? What sort of actions is under process for the development of current intellectual property system? How can we use the current intellectual property system for the protection of the handicrafts? This article tries to respond to the mentioned questions which are being considered with a view to exploring the different aspects of the topic.

It is impossible to consider the question of Caspian Sea unless thinking over States succession query. This is because of the fact that hitherto there were two states around the Caspian Sea while after Russia's succession there are five states.Already, just 1921 and 1940 conventions governed the relationship between those two while after being succeeded the relevant conventions which are objective in nature, assign to the successors.In this essay after explaining the concept and the effects of state succession, we will analyses some claims of successors and will prove the proposition that concerned treaties will automatically assign to the successors. This may lead to invalidity of the oppose demands.

Social insurance, as result of economic and social development of Europe in 19th century, has found its way to our country since nearly fifty years ago and consequently has brought its rules along. Calamity of such rules which have not a native origin is absence of enough knowledge about its basis and absence of enough effort to find them. In the meantime social security law due to lack of a suitable situation in law faculties is more ignored. Practice of numerous social security institutions in solving brevity and ambiguity of laws, judgments of administrative justice court, governmental regulations and even the laws which make some exceptions at body of borrowed rules, all are signs of such a fact. Overlapping of social insurance benefits is one of the phenomena which there are about it only a few ambiguous rules and finding correct solutions is not possible except by realizing the bases of social security law. My aim in this article is to present basic criteria for distinguishing applicability of overlapping benefits. Utility of full knowledge about these criteria is a correct interpretation of laws by those who involved in the administration, including ministry of welfare and social security and institutions which presents social security services directly. Although making new bills according to these criteria is possible also.

One of the most important discussions in international law is the bound of states to obligations which have been accepted with consent. The acceptance of international treaties is based on sovereignty equality of state and their independence at the domain of international relations.The theory that the basis upon which an international legal norm is binding is the consent of states. The consensual theory holds that a state is not bound by a legal norm to which it has not given its express consent. Conversely, should a state not clearly and openly object to a particular norm, then it can he considered to have given its tacit or implied consent to that norm (e.g. custom and usage).The consensual theory has a long tradition, as it formed the basis of the historical Western international legal order begun through custom and usage based upon the consent of states. In the modem world of ideological conflict and. World states, the consensual theory of international law remains appealing to many states because it reinforces their sovereignty and independence of action. Rather than being bound to existing international legal norms by virtue of being accepted into the community of nations, states claim that the need for their consent allows them selectively to bind themselves to specific norms rather than the inclusive body of extant law.At the same time, the consensual theory undermines the predictability and regulatory utility of law by its selective application. The theory also clashes with the concept of jus cogens (peremptory norms which bind all states) and Erga omnes obligations.Whilst the foregoing is concerned with the obligation owed by one state to another, contemporary international law also recognizes the concept of Erga omnes that is, obligations owed by every state to the international community as a whole. These obligations were identified by the International Court of Justice in the Barcelona Traction Case as deriving from “the outlawing of acts of aggression, and of genocide” and from “rules concerning the basic rights of the human person, including protection from slavery and racial discrimination.” Thus, by their nature, such obligations are the concern of all states and, because of the importance of the rights involved, all states have a legal interest in their protection.Certain consequences following from the basic concepts of peremptory norms of general international law and obligations to the international community states as a whole within the field of State responsibility.