LAW & POLITICS RESEARCH JOURNAL
Year:2007 | Volume:8 | Issue:19 (SPECIAL OF LAW)|Papers Count:10

According to a classical view in international economic law, until recently, environmental issues were not seen as important. Realization of the issues of sustainable development, however, in recent years, has influenced international economic law. In this regard, the concept of sustainable development has been considered as a bridge that has linked the developmental aspect of international economic to environmental considerations. Nevertheless the concept of sustainable development has been trying to develop principles of international economic law based upon the sustainability. While the principle of freedom of exploitation & permanent sovereignty of States over their natural resources IS considered binding as a legal principle, the principle of sustainable development has clarified the above mentioned principles. Today, as the I.C.J in the case of Gabcikovo have pointed out, protection of environment based on sustainability would be to the benefit of all countries.As it was stressed in the annual conference of 2005, sustainable development must be taken into consideration universally in a way that the life of human being to be changed positively. Obliviously in such circumstances international economic law would become positive & responsive system of law.

According to international consensus, reproductive cloning of human-being is prohibited. However recent advances in stem-cell research hold promise for therapeutic uses. It appears that therapeutic cloning can be justified, inter alia, on the basis of the rights to health and life. This article reviews the subject-matter of therapeutic Cloning and Right to Health in International Human Rights Law.

This paper primarily deals with the merits of the market economy and its legal infrastructure, i.e. private law. The economic philosophy underpinning economic liberalism is based on the profound insight into the limits of human nature, which makes economic planning almost impossible. This is because social and economic interactions arc infinite and transitory. The legal framework for such interactions is private law, which combines order and freedom, However, the same normative system under which market economy and private law arc favored can also identity some shortcomings and failures, which have to be dealt with by some policy and regulatory measures. Free operation of market may fail to achieve justice or efficiency. This failure is manifested in monopolies, asymmetric of information, externalities and national and political interests. Once the failure of market in these fields is established, the choice of legal and polity responses is the next step. To rectify the above mentioned areas of market failure we have to either use broad policy instruments such as tax or subsidies or resort to the regulatory laws such as competition law, securities regulation, environmental law, intellectual property laws, exchange control and foreign trade law.

Asymmetrical Warfare is a new thesis within the last war strategies and doctrines of certain Countries. This dimension of use of force is intended to change the usual results of armed conflicts in accordance with a unique approach. In fact, if the different military capabilities of belligerents, the week party shall recourse to the unconventional methods and means of war to prevent the victory of the enemy. Then in the asymmetrical wars, the victory for the week party will depend on initiatives in war and military operations. But the tactics in this wars (for example, use of civilians as a warfare. extending the theater of war, use of new military technologies leading to unnecessary effects, etc.), are contradictory to humanitarian or cardinal principles of the law of Armed Conflict.This Article analyzes the conceptual dimensions of asymmetrical warfare and its implications in light of humanitarian law.

Protecting victims of crime is. as a positive approach in victimology, considered an achievement in linking victimological findings to a criminal policy in the light of a technical concept called "prevention". From the viewpoint, prevention of victimization and crime prevention are the dual sides of a criminal policy. The article examines, based on the fact that effects of theoretical findings on policy - making are necessary and incontrovertible, the new approach in the light of demonstrating a simple concept of 'victim' and their rights and protection to which they deserve within a criminal justice system or a victim - oriented criminal policy.

Due to changing in "transacting electronically" from a fiction to "undeniable fact" formation of electronic contracts in all areas and beyond borders have became common. One of the important problems in this sphere is which law governs to electronic contracts, especially in the situations they were formed by Clements that concerned to different countries'? In this paper, we have beginning with this fact that the way and rules are same in traditional and electronic contracts and some problems, have arise only by alteration of methods and space of contracting.