AZAD LEGAL RESEARCHES
Year:2014 | Volume:7 | Issue:23|Papers Count:6

Legal status of the reservation on the Statute of International Organizations Le statut juridique de la reservation sur le statut des organisations internationals.An International Organization as one of the active subjects of international law is established based on a constituent instrument. Originally a constituent instrument of an international organization is a multilateral treaty. In the law of treaties there is a special structure named reservation whereby to increase members of a treaty or limitation of liability. This structure enables a state who assents to a major part of provisions of a treaty bur dissents with certain of the provisions by excluding or modifying the legal effects of the latter to accept the treaty. In this brief study we try to answer the questions-- whether application of reservation to constituent instruments of the international organizations is of legal merits? In case of affirmative answer to the first question is it possible to apply reservation to every of provisions of a treaty?

Labeling is from factors that led to the Secondary diversion and increases the replication of crime. Hiding the crime is exactly the opposite of "labeling" Therefore, equally labeling led to the Secondary diversion, Hiding the crime prevents its, this paper, Studies importance of hiding the crime in prevent the Secondary diversion Through prevention change one's conception of self, Change society's perception of person, prevention lessen the importance of crime.

One of the major problems that the majority of experts in marine sciences has attracted, it is the risk of an influx of harmful marine species. It is not visible in the ocean. They creep silently into the tanker of the ballast of the ship. After unloading at the port of destination they may be unwanted invasive species that they have undesirable effect on the marine environment, not only human health but also a serious threat to the region's economy as well. The influx of alien pathogenic species is possible in different methods but in this research, the influx of marine species via ship’ ballast water will be evaluated. International effort led to the formation of the Convention which requires governments to control the discharge of the ballast water at the seas; but a successful project in addition to the convention requirements, needs coordination and collaboration in the work. This is achieved by choosing six ports by IMO, so that by following the guidelines by the ports, IMO maintains effective control over selected areas. The study begins by definition of ballast water and the environmental consequences of the influx of species and the performance of selected ports in line with the requirements of the convention. In the next step it recommends the best, most efficient and most cost-effective ways to control the risk of an influx of species.

Intellectual properties are a part of immaterial financial rights which are subject to numerous bargains these days. But the lack of explicit rules and provisions in this regard, causes plenty of disagreements in the course of explanation of nature of these agreements. While it is obvious that if we could explain these kinds of trades within an agreement such as sale that its nature, provisions and effects are clear in most legal systems, a major part of these disagreements would have been solved. By analyzing the elements of definition of sale agreements according to article 338 civil code and the definitions in religious jurisprudence from the perspective of object of sale, i.e. having the characteristics of properties, capability of acquisition in addition to notion of essence of the property on one hand and fundamental qualities of ownership, the nature of intellectual properties and quiddity of the relationship between the intellectual properties and its owner on the other hand, it can be concluded that transferring these properties within sale agreement is possible and is consistent with our legal system.

Deferral of investigation or prosecution is delaying of investigative or prospective measures exist in the internal laws of some countries for specific time. As the idea of the establishment of international criminal court has been presented, international law commission who was responsible for preparing the draft of the court proposed the draft of the suspension of the investigation or in the statute which the origin of this proposal (with some change) was accepted in Rome conference and to achieve this aim article 16 of the statute was approved. According to this article request of the suspension of the investigation or prosecution is possible by Security Council which they should do it according to seventh chapter of United Nations charter. In fact the purpose of the adoption of article 16 was that to give the authority to the Security Council that from beginning or continuing of the special situations proceeding in a court because of peace or international security a prevention is legislated and in the suspension of the investigation or prosecution for specific time including one year it should not be started any investigative or persuasive measure and any of the investigation or prosecution has been processed should be stopped. But Security Council can extent it again at the end of one year. Authority of deferment extension without limitation has been granted to the Security Council which creates lots of criticism. The power to extent the unlimited suspension has been granted to the Security Council and it has been the source of many critics at the first time, article 16 of the international criminal court statute has been implemented by 1422 resolution of the security council which it extended by 1487 resolution.

Marine insurance which covers the liability of the ship owner is very important. Although ship owner may be a carrier sometimes. But he/she has responsibility for carrying cargo based on his position as a ship owner .He has responsibility for master and crew.