LAW & POLITICS RESEARCH JOURNAL
Year:2010 | Volume:12 | Issue:29|Papers Count:19

The unprotective and in some cases negative approach taken by societies in regards to sexual victims along with some other wrong measures taken by judiciary system cause the condition of these victims to deteriorate.Negation of injuries done to victims, neglecting them along with covering up the crime and even labeling the victims as pervert are among the most important factors which make them vulnerable.In the policy making level the following factors in revictimity can be mentioned:Lack of legal reaction on the part of the criminal justice system, taking a suppressive stance with regard to some groups of victims (considering victims as offenders) and finally taking an unprotective and unexclusive stance towards those victims who are recognized as sexual victims by not taking into account their problems during the criminal procedure.

The paper deals with one of the most difficult challenging issues surrounding the internationalization of the securities markets. As much as technological advances and liberalization of securities markets have contributed to the formation of global securities markets, this internationalization has posed serious challenges in terms of regulatory control and supervision of the markets by governments. The international markets seem to be out of control as the power of the government in the face of these developments is limited. The solution could be either to set up an international regulatory body or to harmonies national securities regulation as there is no prospect of a unilateral approach. The recent incidents in global capital markets, indicate the interconnection between securities markets around the world. As harmonization of the securities laws which are public law is not viable, therefore the move should be towards minimum standard and mutual recognition.

Dowry is a characteristic of Islam legal system and has no similarity in other legal systems. In marriage the man is obligated to finance the acquisition to the woman as it has, or undertake it as an obligation. It can be guaranteed by a third party, like other debts. ZEMAN of paying the dowry subjects to general rules of AGHDE ZEMAN, but considering the emotional aspects of the relationship between two parties of marriage and the effect of dowry and its guarantee over the foundation of family raised issues that cannot and should not be resolved by the help of logical rules. In this paper, we intend to study the principles and theories about man’s obligation to pay dowry, and also to study the legal system governing the warrantee of dowry payment.

The Participation principle is considered as one of the key features of international environmental law. It plays an important role in participatory democracy in this field. One of the solutions for redressing international law failures is the participation of all actors including citizens and NGOs.The Rio Declaration, the Aarhus Convention, the Agenda 21 and other documents on participatory democracy emphasize on the role of major groups in the realization of social objectives, policies and administrative mechanisms. The realization of this principle requires some components such as the right of access to environmental information, public participation in decision- making, access to administrative and judicial authorities. This article studies the vital role of this principle in international environmental law as well as the analysis of the above components.

There has been increasing concern in the international law profession about the fragmentation of international law. Although the international legal system has always developed in a fragmented way, the expansion of international law in new areas has created problems of coherence between its different branches, institutions and norm-systems. Normative conflicts and tensions between specialized regimes have emerged between general international law and its specialized branches (trade law, criminal law, human rights law, environmental law etc.). In this article we will analysis the fragmentation of international judicial system and the ways of resolving the possible contradictions. To do so, we will first consider the possibility of a uniform international judicial system and then a fragmented (pluralistic) judicial system.

In this paper the definition of Energy International Law; moreover the efforts and policies to create a legal system for energy in the regional and international level have been investigated.However, the intention of these efforts and measures was known to establish balance between the interest of foreign investors and host countries and less developed investment receipt, but as this paper has shown the original and ultimate goal, to comply with W.T.O principles, was strengthening and supplying the interests of investors instead of weakening the sovereignty of investment receptive countries. Legal nature of oil and gas contracts and attempts at international level to adjust and to change their terms foreign investors has been paid, the efforts in which the first part of this paper has been studying. However, despite the bureaucracy, lack of efficient management of exploration operations, production and exploitation of oil sources and the need for financial capital and technology of investment receptive and the ways to overcome obstacles and problems can be worked. The other important issues that review their second and third parts from the article.

The principle of common but differentiated responsibility is one of the principles of the international environmental law which has evolved from the notion of Common Heritage of mankind. This principle while emphasizing on Common responsibility of States for the protection of Environment stresses on their differentiated responsibilities or commitments. These responsibilities or commitments are defined with regard to Special and different circumstances of each and every state giving rise to environmental problems and the technical and economic capabilities of states for addressing these problems. This principle is recognized in many international document and W.T.O agreements. It has not been characterized as a customary international rule but has an important role to play in development and application of international environmental law by balancing conventional commitments and assistance to the sustainable development of application and assistance to the sustainable development of developing countries.

Interpretation of contract as an important topic in the contract law in private law branch has a particular importance in different legal systems. The importance of this fact is clear to everyone in terms of implementation of contractual obligations. Investigating the legal systems of France and England, shows that the legislative and the judicial system ever imposed in order to interpret and complete the relevant laws and reduced the practical obstacles of implementation of laws in people's private relations. Studying this issue in Iran's laws and attitudes to the laws, especially the civil laws, represents the discussion of contract interpretation was left from legislators' view and just sufficed some scattered examples mentioned about contractual texts. This article attempts to explain the issue and comprising interpretative rules and principles of legal systems with scattered examples in legal texts, et up a coherent and disciplined chapter about the interpretation of contracts not only to remove the present default, but also to disambiguate from contracts help the implement of its obligations.

Contract as a abstract nature, like any other existence, has time and place dimension. Determining the time and the place of contract conclusion has different consequences behind. The place of contract formation will determine upon the time it exist. There will be no problem in determining the time and the place of contact when a contract concludes in person, as the offeror and acceptor are present. The legal problems and issues pose when the parties to the contract are far both in place and time.Formation of contract in Electronic-Trade generally takes place between persons who are far apart in time and place. Therefore, time and place determination is important too. So in this writing it has been tried to examine the several ways of determining the time and the place of contract conclusion, and propose the best way for designation of time and place in formation of Electronic – contracts.

Public confidence in the fairness of stock markets increases their efficiency and liquidity. Manipulating stock market destroys its coherence and decreases public confidence about the authenticity of the market. Manipulation of market leads to false and nominal prices and creates misleading appearance of market activity trend.To support the capital market investors, legal systems principally banned manipulation of stock market and have set penalty.Elements of market manipulation crime and prescribed penalties are different in different legal systems with the approval of stock market law in 2005 and according to Article 46 of this law, manipulation of stock market was considered a crime and its punishment was determined.

When a crime is committed a prosecutor, as agent of prosecution of crime, should decide about the prosecution. There are two ways regarding prosecution; principle opportunity, legal prosecution process. Each country recognizes one of this ways with respect to its penal policy, circumstances of crime and generally culture of society. Alternative of prosecution arising from principle opportunity which is aimed ascertaining victim’s rights and rehabilitation of offenders. Because of existing similarities between criminal procedure of Iran and France, evolution of alternative of prosecution will be discussed in this article.

Administrative law's objective is to settle on behalf of the public interest, the actions of public authorities. To this end, the rules of administrative procedure play a prominent and strategic role.After an unacceptable delay, the Judiciary and the Executive have finally submitted the "the draft law of the proceedings before the Administrative Court of Justice” at the Iranian Parliament.It is true that the legalization of the administrative procedure is in itself a major step towards the establishment or strengthening the rule of law, the provisions inserted in the bill are not very convincing.“The draft law of the proceedings before the Administrative Court of Justice” sticks to a simple coding and does not reform. Moreover, it ignores, in some cases the rules of a fair trial. For this reason, legitimacy and effectiveness of this law may be questioned.In the lack of precious and update regulation, administrative procedure can’t satisfy its supervision task.

In addition to the limitations resulting from the personality of parties to a civil claim which reduces its effective working, oath, as legal evidence listed in civil Act and in civil procedure Act, suffers from certain object ـrelated constraints. Some of these constraints lie in the nature of the oath as a abstract last resort evidence. Oath as an only formal evidence is peculiar to the believers in God who can take it in a legal action. This peculiarity and the possibility of attribution generate interesting issues. More over, an examination of cases in which oath is taken, shows that, notwithstanding recent legal reform, oath can yet be taken only in a civil action which is open to prove by witness and such sort of actions are many, certain actions, too, can only be proved, using particular evidence, other than oath and witness, listed in statutes and hence it is important to know them.

To check the legal institutions from the knowledge or ignorance of people, law is devided into 2 phases: reality and demonstration, the former is the real area (noumenon); the area that exists is effective regardless the awareness or ignorance of people and demonstrating the attempt in order to be aware of prove realm (phenoumenon). One of the major questions of the philosophy of law is to address this issue. In this article, we investigate the prove area in Islamic law: we will know this institution and identify its independent existence from the world of demonstration.

Property right is one of the most remarkable fundamental rights. Based on its importance and the very special consideration that Shiiee jurisprudence makes to it, it is vital to analyze it in depth and compare it with the other legal systems. Unquestionably, in modern law, the first manifestation of guarantee and support of property right are found in constitutional law. At this juncture, the constitutional jurisdictions get the key role as the most important property guarantee. The Guardian Council’s permanent and powerful support of property and the new solutions of French Constitutional Council in order to guarantee this right are of the concerns which can be used to expand and guide the support towards it.It must be noted that the property sense, in two legal systems, is not the same: it is considered as subjective right in French law and the decisions of Constitutional council, and in Shiite jurisprudence, according to Guardian Council, it is considered as legal situation.However, it seems that both preserving references of constitutional jurisdictions follow a common approach to support property effectively. Undoubtedly, there are some problems and difficulties in this field. For example, in the field of property limitations, we hardly find ocular standards.Accordingly, the basic question of this research: Is it enough to preserve references of constitutional jurisdictions’ support in favor of property? And, in case of incapability, which solutions can complete it? In order to provide an answer and a suitable analysis, it is unavoidable to analyze the theoretical principles of property in two legal systems as well as their constitutional jurisdictions and the range and the quality of preserving references of constitutional jurisdictions performance.