PRIVATE LAW STUDIES
Year:2006 | Volume:- | Issue:72|Papers Count:15

Right to detain any vessel is granted to the coastal states by UN Convention in the Law of the Sea (1982). On the contrary, the right to put forward an application for the prompt release is granted to the flag states. This matter can also be found in the General Principals of Law. Therefore not only the members of the convention are committed to abide by but also each country is obliged to do so. In this line some cases were raised to International Tribunal of the Law of the Sea (ITLOS) and decisions were made. The present paper is an attempt to study the different aspects of such prompt release and its securities based on the 1982 convention, ITLOSs decisions and General principals of law. The obtained result can be applied to the next cases of ITLOS and countries future relations.At last, the terms of prompt release and reasonable bond are brought to light in short based on Iranian internal law in relation to the International law.

The significant role of insurance in making good the damages arising from different incidents menacing human being is completely clear. Particularly that, in some areas, in conclusion of rapid development of science and technology and complication of facilities and relations, it appears necessary to protect injured persons against financial consequences resulting from diverse accidents.In this Connection, marine insurance is one of main fields of commercial insurance activity because heavy losses of various navigation incidents has made it unavoidable for ship and cargo owners to provide for insurance covers.This research has been allocated to study the considerable site of marine insurance in compensating the damages resulting from one of formidable maritim accidents naming collision of ships.

The two parts of a lease contract cannot always assign the period of lease. Sometimes it isn't mentioned any period in contract but they assert the smallest unit of time for assignment of the rental. Therefore the civil low makes reputable the lease contracts that the period of rent is left unsaid in them for the same smallest unit of time. In spite of that the legal spirit of this agreement isn't so distinct to accredit the contracts lacking of period.In this paper it has been tried to study such contracts and at same times the legal spirit of these agreement has been investigated.

This essay recognizes three historical concepts for hagh (=right):1. Right as truth and justice: There is no difference Here between theoretical and practical reasoning and everything which is beautiful or corresponds to the reality is "right" . The good or beautiful act is exactly a priori (=natural = human) rights. This concept of right is not born by the will of governmental authorities.2. Right as power and profit: according to this concept, arising from the authority of the state, the right is a privilege rather than right, and the authority may decide to abate this right as he has already decided to give this privilege to the citizens.3. Right as property: the concept of right has gradually been reduced to the most obvious meaning of profit which is the private property. We can trace this concept in the theories of John Lock and Robert Nozick who define justice somehow by ownership, and the theory of traditional Islamic jurisprudence which introduces the right as a weak level of the ownership.

Traditional knowledge is commercialized without due respect for the cultural and economic interests of the communities in which it originates. At the same time, and often, no share of the returns from its exploitation is conceded to the communities, which have developed and maintained it.Today, traditional knowledge is valuable economic and cultural assets within the global information society.In a number of developing countries, traditional knowledge is rich and diverse sources of creativity and innovation. Further, the traditional knowledge systems are frameworks for continuing creativity and innovation in most fields of technology ranging from traditional medicine to traditional agriculture practices, and extending to design.Traditional knowledge is considered by its holder as a constantly renewed source of wealth, both as an economic asset and as cultural patrimony. Interestingly, intellectual property issues related to traditional knowledge often cut across the conventional branches of intellectual property law, such as industrial property and copyright.In order to help better understanding and wider consensus, it seems necessary to address basic conceptual problems and test practical solutions to the protection of traditional knowledge.

There is a general rule in criminal law, Principal of Innocence. According to this rule, who asserts must prove. If she succeeds, this principal is replaced by principal of criminality, (as this principal is valid as far as the contrary is not proven). So, it is clear that the validity of this principal is based on the circumstances and reasonable inferences from these circumstances. If the situation and circumstances is against the accused, the burden of proof is reversed. The legislator that according to the circumstances regards the accused innocent, reverses the burden of proof according to the reversed circumstances and requires the accused to prove the contrary or disprove the prosecutor's claims. In the present paper, we consider the situation regarding the proceeds of crime.

Article 30 of the Vienna Convention on the Law of Treaties lays down general rules for resolving conflicts between treaties. The said Article does rules to be applied to all treaties. Subsequent to the adoption of the Vienna Convention, some scholars suggested that the provisions of Article 30 were not appropriate for resolving conflicts between human rights treaties and, therefore, a special rule was needed. The rule advanced in this regard was the principle of the "more favorable provision". The present article attempts to describe the content of this principle and to evaluate its practical significance.

The software license agreements form, nowadays, a large portion of international transactions. Meanwhile, the Escrow Agreements are usually as an important part of these contracts without which they could not be entered into. The Escrow Agreement is a three dimensions contract and formed by three parties jointly.Which side is the offering or accepting party and whether could two parties jointly be considered as the offering or accepting side?This article tries to explain the both usefulness and structure of these Agreements and to answer the question as mentioned above.

The judiciary is a branch of wilayah (guardian ship). In where it has the highest value and position. And the gravest responsibility. All branches of wilayah are valid so long as they could implement their proper goals. Islam regards a judge not as a mere employees or public servants acting in a specified way, rather, it views them as a guardians and executor of justice, whose behavior is based on the principle of the rightness and a higher morality.In other words, the main principle of judgment is the implementation of justice, and the enforcement of rights.There fore, where a judgment does not implement such an aim, it would be invalid, and the judge would be responsible for its effects.

After 11 September attack, anticipatory self defense has obtained specific situation in the doctrine of western States. These countries with financial and military power are seeking to justify this doctrine. This type of defense is contrary to article 51 of the Charter of United Nations that expresses the concept of self defense. In this paper, the authors are going to verify and show that this doctrine can not find legitimate situation in Opinio juris of member States of international community. Reports of the United Nations secretary general and judgments of international court of justice support this conclusion. However it seems that the verification of this doctrine can show its critiques.