LAW & POLITICS RESEARCH JOURNAL
Year:2006 | Volume:7 | Issue:15-16 (SPECIAL OF LAW)|Papers Count:12

Understanding Methodology of each subject, in principle, is the best way to know about it. Methodology of International law can be used in two senses: a broad sense, and a narrow sense. In its broad sense, it is all the methods that can be used to find a scientific understanding of international law; whereas, in its narrow sense, it means all the methods can be used to discover norms and principles of international law.The purpose of methodology of international law in its narrow sense is to discover various rules and principles of substantive law. For instance, a judge should apply this methodology to find out what are the rules and principles of law regarding each particular case?The most important approach for logical analysis of international law is inductive and deductive approaches.Inductive approach, which is a sort of experimental method, and is influenced by sociology, that is to watch and observe effects of rules of law on international community.In deductive approach, or analogical reasoning, rules of international law should be found out through process of reasoning based on the legal facts and principles, or procedural methods of creating a rule of law.Methodology of international law cannot be distinguished from the issue of sources of international law, because searching for applicable and enforceable rules in practice, seems impossible without having a guideline for this search.In principle, methods for finding out a rule of international law should be distinguished from its application. Each rule of law can be applied only after it has been found.Methodology of international law is based on two scientific approaches: one is experimental and the other is logical. Through the experimental approach we may find out the social needs and requirements, but this social understanding can be obtained only when logical approach comes to help.This approach can be utilized in a correct understanding, recognition, and analysis of rules of international law.

In international transport, it has always been a matter of prime importance for an aircraft to enjoy the protection of the state to which it belongs. While, on the other hand the interests of third parties have also been furthered through this link between a state and aircraft flying its flag. Aircraft have the nationality of the state in which they are registered. Every aircraft engaged in international air navigation shall bear its appropriate nationality and registration and registration marks.How has the concept of nationality evolved in public air law? Which law applies to the registration or transfer of registration of an aircraft? This article compares the registration rules in three states: Iran, United Kingdom and Canada.

This paper is intended to examine whether the principle of possibility of compensation of all damages, which is a certain and accepted principle to some jurists, is acceptable in Iranian law as it stands now. Moreover, we will look at those principles of Islamic jurisprudence which has been used to support this theory to find out whether these principles can be deemed as a basis for that theory. A comparative study on French law, German law, and the law of some common law countries will be done to see whether this principle is acceptable in these legal systems, or not. After it becomes clear that even in these legal systems this principle has not been fully accepted, we have to look at this subject in Iranian law with some reasonable doubts.

In Iranian legal system, auditing in companies has two main characteristics: the first is that, under Iranian law existence of an auditing body, only in joint stock companies, is compulsory, and in other companies, except that of in limited liability companies (with one exemption), and mixed joint stock companies, appointing an auditor is not mandatory. The second character of the auditing body in Iranian law is that, auditing is made possible only from inside the company (internal auditing, and not inspection), and external inspection has not been recognized. In contrast, in English law both auditing from inside and inspection from outside have been recognized. Nonetheless, in practice, with regard to the exemption of small companies from the duty of presenting their financial bills in the general assembly, a large portion of companies have been excluded from the duty of having an auditor. DTI (Department of Trade and Industries) is the responsible body for inspections; its duty is to protect the rights and benefits of the society, third parties and minority share holders in a company. This paper is intended to look at the developments and changes of the concept of auditing and inspection in these two legal systems; i.e. Iranian law and English law.

One of the interesting subjects in the United Nations Convention on International Sale of Goods- 1980 (CISG), is the issue of anticipatory breach of contract. According to this theory, if after the conclusion of a contract it becomes appear that one of the parties may not fulfill a substantial part of his obligations, or a fundamental breach of the contract may occur from his part, then the other party is entitled to suspend performance of his obligations, or to terminate the contract.This paper will deal with the question of suspension or cancellation of a contract due to an anticipatory breach in CISG, English law, and the U.S. law. Then compatibility of the Iranian law, as it is standing now, with this theory shall be examined.

It is a reality that in many countries there are persons belonging to national or ethnic, religious and linguistic minorities. The relationship between any State and its minorities in the past has taken five different forms:elimination, assimilation, toleration, protection and promotion. Article 27 of the International Covenant on Civil and Political Rights confers persons belonging to minorities the rights to enjoy their own culture, to profess and practice their own religion, or to use their own language. Protection of minorities in universal instruments of human rights is the subject-matter of this article.  

Since 1369 (HS), when the new Iranian Labour Law was approved, an employment policy has been applied. The legislative body has not paid much attention to this subject in the Labour Law, nor do other laws and regulations have much to say regarding the employment policy. This paper is intended to examine the positive or negative effects of the Labour Law on the employment policy and the labour market. There are some weaken point in the Labour Law, such as not giving enough room to workers organization and syndicates, and the position of the collective agreements in this law. The present Labour Law does not comply with economic developments of our country, and it is the time to review the law. This study suggests some practicable solution to the present crises of unemployment in Iran, such as: creating new job opportunities through work division, reduction in the number of working hours, creating part time jobs, and suggesting more accurate regulations. It is hoped that these suggestions could gradually resolve the question of unemployment in Iran.

One of the issues that challenges the order based on rules of laws in our country, is variety of the bodies establishing norms of behavior. Although according to the Iranian Constitution Majlis has the authority to establish the law, provided to the approval of the Council of Guardians, the Constitution has created some other bodies that has narrowed Majlis' authority. The Supreme Council of National Security, that its approvals are enforceable after endorsement by the leader is and example of these bodies. The Expediency Council alleges that it has authorities of this kind. Besides, in our legal system, some other bodies such as Supreme Council of Cultural Revolution and Supreme Administrative Council have been given the right to make laws. On the same line, one may add Hokme Hokomti (awards of the leadership), and the decisions made by special representatives of the President, appointed according to Article 127 of the Constitution.This paper is intended to look at the position of the Supreme Council of Cultural Revolution to find out the stand of its approvals in the hieratical arrangement of the regulations, as well as its relationship with other bodies such as Council of Guardians, Administrative Court of Justice, and Majlis. Since such a body cannot be found in other countries, a comparative study could not be done. However, limitations in getting access to some necessary documents, also has imposed some negative effects on this paper.

Arbitration process, especially in commercial matters, is excessively increasing. To day, You can find less merchants that put forward its case before national courts.Sin arbitration dose not have the support of sovereign, if the party who has lost the case, does not enforce the award willingly, he can not obliged to enforce the judgment without intervening of the courts.This article is intended to: Firstly, explain the relationship between arbitration and the courts, and secondly, to express the boundness of this relationship; and thirdly to analyze this question that can we imagine a situation that in which there is no room for intervening by the courts in the arbitration procedure or not?  

Whereas, the most important reason to conclude human rights treaties in international sphere is to provide the similarly universal enforcement to these instruments, many of authorities believe that formulation of reservations is in contrast with the object and purpose of these conventions. To the extent that failure in the enforcement of CEDAW is referred to the sweeping reservations and reservations on the core articles of afore-said Convention. This article examines the effect of these reservations; to achieve this goal the Convention, its monitoring body, and the reservations are analytically examined.