JOURNAL OF LAW AND POLITICS
Year:2010 | Volume:6 | Issue:14|Papers Count:6

Election and reliance on public votes as first bedstone of democracy and guidance for achieving to human sustainable development is one of the basic difficulties in political participation of people for in fluencing on selection of governments members, programs and transferring of states will to statesman for managing of country. But this participation and decision in every where is not always based on individual choice and intelligence, so that the existence of Tribal/Racial prejudice, loyalty to the familial and tribal military and special religious beliefs in many of developing society, not generally but partially can influence the electional decisions and lead it to a direction for achieving a collective identity. This research with focus on library and course researches and with on analytical-descriptive view, meanwhile studing the electional militaries and the role of tribal identities in this process, it also study the electional behavior of the people of electional domain of Mamassani in the fiveth to eight periods of Islamic council assembly. Also, with study of this election and political behavior of voters; The results of this research indicate the important role of tribal identity in selection of deputy in the all periods of voting. Generally, this is because of the interference of influential persons, the head of families and educated persons for achieving a series of individual and public interests. AlSo elector deputy consecrated for division sources an profits inside residents diverses Tribes region and process management and responsible appointed Mamassani special effected indirect to have vogve tribalism in eria.

This Article attempted to review the dominance causes of AKLA school and dependence on development strategies in decade of IRAN Islamic Revolution. In this way considered to AKLA and dependence schools and also their Features and Indicators. Then review ABOUT nationalism in iran and effort for Resolve internal contradictions of this Ideology. Some impressions of the political revolution in 1357 considered with attention to the above mentioned methods. also Referred to AHMAD FARDID and JALAL AL AHMAD In the middle of THIS article the considered to other factors that help to Perceived dominance of Left Party. In the end this article finished with show the same development strategies in first decade and also with show the Features listed schools.

International developments and in particular new international economic order led to the creation of “the Common Heritage of Mankind” and consists of five elements: non-appropriation, use it for peaceful purposes and benefit of mankind, sharing its management and benefits. Developing and developed states took opposing positions and had different interpretation about its content. This concept is relatively new in international law and during the last decades has attracted considerable attention and generated polemical debate in international forums. This has been especially true of the CHM’s application to the legal status of resources in “common spaces areas”, and applied too in other issues. Nevertheless, due to substantial confusion over the nature of the concept and its appropriate place in international law; and different interpretations, it lacks legal force. It is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. Its application and enforcement require a critical reexamination of many well-established principles and doctrines of classical international law.This article aims at exploring the legal theory and the implications of the concept of CHM. The author by a normative methodology seeks to provide tentative answers to the questions whether and how concept can be incorporated into the corpus of international law as a legal norm.The author concludes that can be postulated about the present status of the CHM concept is that it may indicate an emergence general principle of international law. It is supportable and applicable with human rights and in particular the third generation of human rights (collective or solidarity rights) and then is an erga omnes and a jus cogens.

In this article, a sample of ICSID arbitration tribunal’s jurisdictional decision regarding to conditions and foundations of jurisdiction and admissibility of claims have been studied. regulatury powers of the contracting parties of the bilateral investment treaty in determining legal personality of investor is taken into consideration in the light of ICSID convention’s purposes.Studying the terms of this decision and its analysis in this article is considered as a suitable guidance for Iranian authorities in order to join into ICSID Convention and to conclude some bilateral treaties in supporting foreign investment.

There are some crimes carried out against national security and others by expatriate Iranians. Moreover, some crimes are done by foreigners which are associated with our country. Carrying out some of these crimes can endamage our homeland and external security. This study tries to describe that establishing all national criminal codes related to all expatriate Iranians' crime is neither logical nor practical. Actually, our national criminal codes can be established only about few overseas crimes done by expatriate Iranians or foreigners against our national security. Consequently, the criminal codes should be established on just some special overseas crimes. On the one hand, the purpose of Iranian criminal codes dominance in some overseas offences is implementation of canon laws, and on the other hand it is providing the national security.

Acceptance of valuable legal entities such as draft contract and contract of guarantee in Islamic law and iranian civil law is due to the positive attitude of islamic legal system about possibility Imagine of separation of debt from the debtor personality and Subsequently possibility of voluntary assignment of debt. On the same basis in iranian law by accepting the principles of voluntary assignment of debt, in addition to acceptance of different kinds of this legal institution, in the different rules such as civil law, commercial law, labor law in the form of definite or indefinite contracts, the necessity of reform of civil law and make the "assignment of debt" as an independent religion with its own unique characteristics consistent with economic and social necessities are the major issues that were discussed in this article.