LAW & POLITICS RESEARCH JOURNAL
Year:2008 | Volume:10 | Issue:24|Papers Count:11

There are some questionable features and new concerns about law of tort with respect to natural disasters. Probing these arguments is necessary because of the evolution of legal thoughts and change of public believes about natural hazards. worldwide. This paper has discussed about the nature of liability for natural disasters and seeks a way for incurring it to governmental organizations which can prevent from or mitigate the destructive effects of natural disasters. Therefore the welfare theory and philosophical theories are used to justify the new theory. Finally it will be proved that a sustainable prevention from such disasters could be achieved by identifying the government liability for expectable and preventable damages of natural hazards. Especially in developing countries. The theory can be supported by ascertaining the criminal and civil responsibilities for wrongdoers.

Iranian legal regulations supervising the protection of literary and artistic works have been silent about contracts related to the transference of economic rights of creators with respect to kind of such contracts, common rules controlling them and also specific rules of theses contracts. Orders of these types of contracts are so exceptional. Therefore, any disagreement arises about interpreting and performance of the contracts regarding author’s rights transference, there is no other way but to refer to general rules of contracts. These general rules are not always resolutions because of significant difference between traditional property rights and intellectual property rights on the one hand, and the rule of favour of creator on the other hand. Ccnsequently, in some countries law particular rules have been established concerning contacts of economic right transference. Meanwhile, common rules controlling these agreements have been situated so that they can inturn, supervise their formation, performance and interpretation. In the following article, it has been attempted to survey those common rules which rule the formation of the contracts concerning economic rights transference of creator.

Human cloning is a phenomenon which has made the hopeful & fearful wave in the human society. This scientific phenomenon was appeared in genetic science in order to find a new way to treatment of human's patient members, has raised some discussions in philosophical- ethical, religious, legal and criminal arena. Hence, Human society, in internal and international, has to take relevant measures against it. This essay analyses philosophical- ethical and criminal approaches with reference to definition, methods and kinds of the phenomenon briefly and finally, receives to the conclusion that criminalizing reproductive cloning and allowing therapeutic cloning is necessity now.

Insider trading is a most usual illegal act that occur in securities exchanges and can jeopardize the public confidence in financial market. therefore in many legal systems regulations have been enacted to prevent insider trading. U.S.A in preventing of insider trading is ahead of other countries. U.S, courts have concluded the prevention of insider trading from sections 10 (b) and 14(e) of Securities Exchange Act 1934 and Rules 10b-5and 14e-3 of SEC. In Iran the law related to insider trading was passed by enactment of Islamic Republic of Iran securities exchange Act. Comparative study of insider trading regulation in Islamic Republic of Iran securities exchange Act and U.S. law shows that Iranian Act in some aspects is deficient and must be reformed as will discussed here with.

Nowadays, many criminal offenses are committed in cyberspace using information and communication technologies. Computer networks have created a fitting context for criminal activities in an organized manner. The report of the 11th UN Congress on Crime Prevention and Criminal Justice (2005) has confirmed that money laundering is the most important of such crimes and taking into account the possibility of final ratification of the Anti Money Laundering Bill by the Expediency Council, this should be studied as one of the most important economic crimes. It should also be noted that Iran is a party to the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. and in view of the possible ratification of/accession to the UN Convention against Transnational Organized Crimes (Palermo 2000) and the UN Convention against Corruption (Merida 2003), these instruments, which contain provisions tackling all forms of money laundering and might very soon become enforceable transnational sources of law, also need to be studied. This article seeks to analyze this crime when it done through high-tech instruments and justify the need to tackle challenges posed by it to the criminal policy of our country.

In the wake of severe political disputes between the two governments of Iran and the United States of America Which occurred following the occupation of the US embassy and detention of 52 US citizens in 13 Aban, 1385 and pursuant to freezing of Iran's property and assets in the United States, the political crisis between the two governments in 29 Daymah 1359 terminated with the mediation of the Government of Algeria and signature of Algiers Declaration. While solving political crisis between Iran and United States, the Algiers Declarations also include the legal method of solving legal and financial claims between the two governments. Following the Algiers Declarations, the Iran-United States Claims Tribunal was created. This Tribunal is an ad hoc international arbitration authority which has jurisdiction based on rationed personae and ratione materiae.With the formation of arbitration Tribunal, the most important arbitration authority in the history of international disputes settlement was created in order to considering the claims and disputes between the two governments and their nationals against opposite party's government .The establishment of the arbitration Tribunal, was the result of common obligation and agreement of the Governments of Iran and the United States of America opened a new chapter in the history of the biggest international arbitration, in such a manner that we can evaluate it an important and historic change in the relations of two States. The purpose of the present article is to review the subject of jurisdiction of the Tribunal and to explain its legal nature, to evaluate and to assess the applicable law in the framework of article 5 of the Claims Settlement Declaration and to analyze and to define the effects of the principle of change of circumstances in termination of the concluded contracts prior to the revolution of 1357, in order to showing from theoretical basis and practical experiences, the arbitration Tribunal's functions and its strength and weak points.

The main purpose in enforcing of provisions and regulations of criminal procedure is to balance between the power of state and the accused. In this category, the social security and the rights of defensive accused are both important. To secure and guarantee the right of defensive accused includes one of the challenges that all the governments and legal systems are confronting. Keeping silent of the accused during the whole or part of the criminal trial is one of the defensive rights that aren’t considered thoroughly in Iranian legal system. In the last century this subject has been the main cause of a lot of arguments among many legal conventions. In some legal system such as British and American societies the right to silence is being looked at respectfully and it has been emphasized to conduct that a lot, at lest in a theoretical way. In some other legal systems such as Iran there isn't any direct rule about it and most likely refers to lack of its identification specially the process of police investigations. The out put of this criterion and Islamic standards -that is the main Iranian legislative base at the moment -is that the accused can keep silent during the whole investigative trial. So that it is for the best of the legislator to enact the clear and obvious regulations regarding this matter.

After the Islamic Revolution, one of the acts which was subject to most reformations was the Civil Procedure Act. One time judgments of the courts of first instance were considered as final and the appeal procedure was eliminated and at a later time, the High Court of Cassetion was declared as the appeal court and the appeals were accepted in these courts with some limitations. Again and by the pass of time the General Courts were established and judgment about all claims was included in their jurisdiction and ----Finally the Civil Procedure Act was approved in-------and the judiciary system became relatively well ordered. In the Civil Procedure Act dated ------there were some provisions about the judge's mistake incorporated in articles 326 to 329 of the Act. Although these articles were inconsistent with the Adjudicatory Principles and debarred the finalization of judgments and so have been criticized by many lawyers from the time of their enactment, but they were not repealed by the new Act. So the very same articles made difficulties in the judiciary system and finally the legislator repealed them by Sec 2 of the Art 18 of the Act Reforming of the Act of Establishment of the General and Revolutionary Courts. But according to same provision of the same law some branches with the name Assessment Branches were established at the High Court of Cassetion. Although these courts were part of the High Court of Cassetion but they were actually the courts of new trial from both appeal and first instance judgments. Establishment of these courts and their procedure were highly criticized from the beginning and because of these critiques by Act Amending Article 18 of the Act of Establishment of the General and Revolutionary Courts and by special powers of the Head of the Judiciary this procedure was repealed too and another procedure replaced it but the new procedure itself is in contradiction with judiciary principles. All the aforementioned legislations, tried to eliminate the supervisory function of the High Court of Cassetion and each of these laws in its own way affected this supervisory function. So in this article we first examine the rational behind the establishment of the High Comt of Cassetion and then criticize article 18 in its reformed version and its bylaw which gives special powers to Special Judiciary Supervision Area.

Law and economics has grown very rapidly and is now in its scholarly adolescence. However, most law and economics questions are still open and likely to remain so for a long time. What issues are settled in law and economics, and what questions remain open, and how might we approach them? These are extremely broad questions, and so the answers must be broad. The author suggests a very important lesson about the manner in which we may best be able to convert open questions into settled issues.

Contrary of popular understanding of abolitionism, It is not a pure radical and deconstructive approach. The establishment of this thesis was related to many facts in criminal justice system among them paradoxical criminal policy, ambiguity in concept of criminal justice, unsuccessful outcomes of criminal practices and sanctions, overcrowding in Prison Population, extending the scope of criminal law and Professionalism in Criminl Law. As the basics of abolitionism theory will be discussed in this article, the author will explaine this theory with regard to main concepts of criminal law like crime, punishment and also the imprisonment as the main means of implementing criminal policy. In addition, the author will propose some new approaches in this regard.