LAW & POLITICS RESEARCH JOURNAL
Year:2006 | Volume:8 | Issue:18 (SPECIAL OF LAW)|Papers Count:8

Lebanon once again confronted an unwanted war on july 2006. The war started when two Israeli soldiers were abducted. The main purpose of Israeli attack was to disarm Hezbollah and destroy its military power. The abduction of the two soldiers was a pretext for the war. Following Israeli attack, Hizbollah responded in self - defence by unleashing fierce attacks on Israel.Theextensive Israeli attack led to the killing and maiming of many civilians and also to extensive damage to civilian infrastructure and hundreds of thousands of internally displaced persons.The UN Security Council first reaction to this unwarranted war was the adoption of the UN Security Council I70l Resolution which under Chapter 7 of the UN Charter was passed unanimously on 11 th August 2006.To a large extent, the Resolution is indicative of Israeli aggression against Lebanon and Hezbollah attacks on Israel. The latter attacks may be justified on self defense but its continuation, in particular on civilians could not be regarded anything but retaliatory measures. In this Resolution Israel and Hezbollah were both called upon to cease immediately all attacks and all offensive military operations.In this war, the cont1icting parties, both, violated the humanitarian law in The Resolution does not refer to such violation, but it emphasizes the point that the conf1icting parties must ensure that the civilian peoples have access to humanitarian aids; and that, the international community must take immediate steps to extend its financial and humanitarian assistance to the Lebanese people and to contribute to the reconstruction and development of Lebanon.The Resolution does not explicitly ask for the disarmament of Hezbollah, but the contextual reading of the text, as a whole, may imply such an intention.Suchimplication have, to some degree, been accepted by both Hezbollah and the Lebanese Government. In this respect, it may be pointed out that under international law the territorial integrity, sovereignty and political independence of all states, including Lebanon must be safeguarded.The Resolution also provides for the establishment of UNIFIL in order to supplement and accompany and support the Lebanese armed forces as they deploy throughout the South.All in all, the prime intent of this Resolution and other previous related resolutions is to ensure a strong and an integrated Lebanon living peacefully with its neighboring country Israel. The 33 days war had no winner. By contrast, the cont1icting parties both lost the war. But the real loser and victim in this conflict was in fact Lebanon itself.

The ICAO Assembly adopted the "Conve ntion on the International Recognition of Rights in Aircraft" in 1948. The convention is unique of its, kind and continues to distil certain concise principles in one of the most complex areas of law.This article studies the Convention and concludes that it did not succeed in uniformly regulating real right and the nature of guaranteed rights in aircraft.It confined itself to recognizing them, to providing some publicity for registration of preferential order among the different claims and the international condition of sale in execution of the aircraft. 0:09

Inheritance is a social institution which has been influenced more by customs and traditions than by rules and regulations. This is perhaps why that this institution relies more on customs and tradition than on laws. Iran is no exception, as this phenomenon and other institutions relating to affairs of personal status (e.g. marriage, divorce and wills), in particular those of the non Shaiat minorities in Iran constitutes one of the most complicated issues.The Act concerning the Affairs of Personal Status of Non - Shaiat in Courts (came into force in 10th Mordad 1312) subjects the implication and application of inheritance of these minorities, whose religions have been legally recognizad, to those undisputed, common practice and customs that are embodied in the religion of the deceased.This principle (or recognition) is enshrined in Provisions 12 and of the I.R.Iran Constitution. Attempts to clarify and apply the afore mentions legislations gave rise to different approaches. The prime intent of this Article is to examine the variant and in the meantime contradictory interpretations and to offer some solutions. The outline and summary of the different disciplines which are examined in this Article may be summed up as follows: one school of thought is of the view that with the adoption of Article 881 of the Iranian Civil Code, the Act concerning Affairs of the Personal Status is applicable only in situations where the deceased is pagan and his/her heirs of all classes are pagan too. Whereas, according to anther school of thought, the legislature' s main intention, during the courseof codification of the Act, was the different religions which the deceased and his/her heirs each had.Moreover, the Act is in consonant with those interpretations whereby the pagan heir together with Muslem heir inherits the pagan deceased. Therefore, in resolving this cont1ict of laws, that is, conflict between the Constitution and the ordinary law, priority should be given to the former.

Faraway, lawyers and intellectuals arc interested by the subject of death penalty and this penalty still remains a central theme in international debate regarding the protection of human rights. Major international organizations as well as regional organizations are still in a standard - setting process in order to reach the abolition of this punishment.In parallel of international organizations such as the United Nations, the Council of Europe, a regional organization created in 1949 and regrouping 46 States, has actively participated in the constant movement towards the abolition of the death penalty by adopting Protocols No.6 and 13 additional to the European Convention of Human Rights and Fundamental Freedoms dated 1950. These two protocols have outlawed the capital punishment in all circumstances among the members of this organization, creating a new movement in favor of the abolition of this punishment and becoming a model which could followed by other organizations.However, despite these efforts, some uncertainties are remaining, more particularly in the text of the European Convention of Human Rights and Fundamental Freedoms which still considers the death penalty as an exception to the Right to Life in its Article 2. The two additional protocols have tried to neutralize the Article 2 of the European Convention Human Rights and Fundamental Freedoms but, a real contradiction persists between this Convention and the two additional protocols.The objective of this article is to present the long process followed in the Council of Europe regarding the abolition of the death penalty and to examine related legal instruments and the jurisprudence of the European Court of Human Rights in order to see, if despite the existing contradiction, this abolition shall be considered as definitive.

Advancement in all aspects of human life, in particular economic development at national and global levels have made bankruptcy as one of the most resorted justification for failing to perform a contractual obligation. A perplexed and in the meantime controversial question which in this context may be posed is this: does a vendor who has not yet delivered his good to the purchaser have the right to refuse passing over the good to the bankrupt buyer.Or, in cases where the subject matter of the contract has already been delivered, does the seller have the right to have it back? The immediate answer may simply appear to be negative: that, since the bankruptcy has been declared after the conclusion of the contract, the vendor will no longer have any right of ownership and accordingly he is legally bound to deliver the good to the buyer. But he will be reimbursed during the liquidation and winding up process once his name is recorded in the creditors list.Article 380 of the I.S. Iran Civil Code seems to have a different stipulation; namely, in the event of the buyer insolvency the vendor is entitled to the return of his property and where the subject matter has not yet been delivered has the right of refusal.The prime purpose of this Article is to examine Article 380 and elaborate upon the legal approach which the Article has embodied. In so doing the study will also consider the issue in other context: namely; commercial law. In the light of such examination the work will embark upon a comparative assessment by taking into consideration the legal approach which the French legal system has adopted in this respect.

This article is concerned with the rights the third Party who has been in ducted to deal with apparently owner or ostensible agent.Normally, the proprietor who has the exclusive legal right or the title to the revelent property agent can conveyor the possenssion or control of it to transferee.Nevertheless, we can recognize three. other contingencies:1. Aperson who has apparently actual physical control over thing by possenssion.2. An apparently owner of property with the neglience of proprietor in failling to manage his property:3. An agent who fails to take the nesseceny cave, causes to believe that the agent is allowed to contract with the others, but it isnot true.Nevertheless our civil code which is almost acentury old fails to take in to the theory of ostensible ownership and authority, identifies merely the transfer of property by the real owner or bisagent and doesnot provide for the protection of innocenct, the Security of the individuals who cantract normally as reasonably prudent men using dilligence and discretion. In our opinion, this cod's trentment wiht in nocent transferees is too narsh with the (the third parties) negligent proprietors is too lenient.

With affirmation that child as a delicate class grow in time of tense and urgency, there exist legal protection in international documents mostly in two process: ltuman Rights and Humanitarian Law. Thies protections divided in two sorts: general protection, special protection. General protection indude foundumental priniciples such as: proportion, separation between combatant and noncombatant, prohibition of blindly attacks, announcement of danger, exhaustion, transplantation, giving healthful! and shut - in servises, etc... In complement of this general protection there exist special pretection that is namely indude; prohibition of recruitment and exploitation of ohildren in Armed forces, conservation physical and mental health of children, right to security and immunitization from arrestment, detention and imprisonment, family rights for example right to have family and identity regist ration, orphan child eave, respecting family solidarity, educution and cultural rights, the rights connected with refugees and displaced, s child, fair and particular trail, nationality prohibition from slavary and com pulsory working. In this protective way will pay attention to International documents and relevant organization until mind direct to human dignityn.Further, whem we evuluate existent documents, will realize the interrelationships between human rights and humanitarian law and will find that "children" is the issue that outward close contact between human rights and humanitarian law.