AZAD LEGAL RESEARCHES
Year:2011 | Volume:- | Issue:11|Papers Count:8

The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) is an international convention adopted in 1979 by the United Nations General Assembly. 186 countries are States parties to the CEDAW, meaning that they agree to be bound by its terms. (As of 5 May 2009) The Iranian parliament passed a bill in 2003 which ratified the convention, but this was rejected by the Guardian Council. Since then, the final decision is left upon the Expediency Council. A number of Iranian legal scholars opposed to ratification of CEDAW argue that, the convention contradicts Islamic principals as well as Iranian constitution and civil law. However, those legal scholars in favour of joining CEDAW reject the opposition group's argument. This group of scholars believe that there are explicit and unjustified contradictions in Iranian laws concerning equality between men and women's rights. These contradictions are more evident in a number of civil law related matters such as: nationality, labour and inheritance.In this regard, they propose that Iran can enter reservations to particular articles which are not compatible with the explicit text of Quran. They also believe Iran's ratification of CEDAW will bring about a valuable opportunity to rectify some of the discriminatory aspects of Iranian laws and regulations.In addition, they suggest that the adoption of CEDAW will eliminate the ambiguities of Iran and Islam in the eyes of the international community. In this context, it must be mentioned that these scholars employ the same arguments in order to call for further changes of women's rights in Iranian Civil Code.

The inquiry and report by the expert about price-reduction in Iranian civil code and the UN convention on the international sale of goods (CISG) is accepted. Moreover, the Iranian civil code in article 428 at the presumption of the inquiry and report of more than one expert on the price-reduction, accepted the average of the prices. This rule extracted from the emameeyeh jurisprudence and it is different from the procedural proceedings which the judges at first refer to one expert and after objection of the parties, they refer to the panel of experts and omit the formers. The rule of the mentioned article is not discussed in doctrine and ignored by procedural proceedings. The bases of the article 428 are extracted from emameeyeh jurisprudence and the average of expert's report of price is collecting the evidence of the both parties by a mathematical logic. Accordingly at the mistake or partiality of some experts, this method will reduce the negative effect of the report of experts and prevent the omission of the evident on behalf of the party which this evidence is behalf of him.

The offences of unlawful detention and kidnapping are sort of crimes which are committed against the person and while harm his physical integrity, mostly endanger his moral personality. These crimes deteriorate the freedom of traffic of the persons. Although these crimes have been provided in Islamic penal code (IPC), but usually is not so much being discussed in the legal literature. Is seems that between the offences of unlawful detention and kidnapping is some cases there is some similarities from the matter of law and fact view point. These conceptual interferences could lead to a disparity in issuing the verdicts and finally endanger the rights of the accused. The art of a lawyer in these situations is probably to determine the exact sphere of the matter of the law and fact of the articles of the code and if he sees some interferences or similarities, can propose the reform of the law to the legislator. Supposing such interferences and similarities, the present paper is going to consider the case from a different view point and consider its different dimensions.

Categories of sexual deviations, its origins and how to face the risk of the contemporary issues that are particularly of interest to many scholars, sociologists, psychologists and criminologists have been primarily in response to the question of What we basically want to know their place in a deviant sexual behavior among professionals is a great conflict. Of these issues, considering how unjust criminal responsibility for sexual crimes committed in order to satisfy their sexual goals are more important will be. Because new scientific achievements have proven that many sexual deviant behavior when Tom was not the will and determination of a relative. In fact, many of them influenced by internal and external factors are committing a criminal deviant behavior and the issue of how to deal with this group of criminal offenders would benefit from more sensitive. Will be undermined - as the underpinning of criminal responsibility- in sexual deviants encounter the need to distinguish the perpetrators of the total will thereby requiring the addition of corrective and therapeutic approaches to prevent repeat offenses, targeted and useful to deal with sexual deviants.

As a phenomenon, Stealing and contraband of cultural property have possessed different roots and also different yields. Both internal and international legal orders are contesting and challenging this phenomenon. Dealers in cultural property as a ring in the chain of this vicious phenomenon afford financial life to stealing and contraband of cultural property. It's obvious that before establishing a hard obligation as a rule of law, you may need somehow consideration about its applicability, in real UNESCO does so through this feasibility study by means of introducing the International Code of Ethics for Dealers in Cultural Property.

After the Unilateral Declaration of Independence by Kosovo Assembly, United Nations General Assembly Resolution calling for an Advisory Opinion from the International Court of Justice, the Court, according to the Competence Competence Rule and as per its usual practice , first ruled on its own jurisdiction and then proceeded to issue its advisory opinion. The Court ruled unanimously that it had competence to deliver the opinion requested by the General Assembly and then with a majority of  ten votes held that the unilateral declaration of independence of  February 17th, 2008 was not contrary to international law or Security Council Resolution 1244 (1999). The ICJ's Advisory Opinion was welcomed by a number of States including the United States of America, while other States including Serbia and Russia were truly critical of it. This Opinion can pave the way for independent statehood and then membership of the United Nations as a sovereign State for Kosovo.But the Court's Opinion on Kosovo can definitely create grounds for new upheavals in a number of countries that have significant ethnic minorities or separatist movements. It has also been said that the Advisory Opinion can potentially create grounds for problems in the international community of States including threats to international peace and security.

All components of ecosystem such as seas, rivers, air, soil and plants are all interlinked and involved. Therefore, each pollutant can change elements of the environment. Hence, in order to conserve and protect nature, the concept of international rules and regulations has gradually improved through international organizations and conferences.International Maritime Organization (IMO) had several activities about codify international conventions in relation to responsibilities of pollution at seas. IMO has always tried to provide the relevant conventions and to encourage countries to join them and help victims of environmental damage.

The comparative study of elective system paves the way for optimization of elective provisions in the literature of constitutional law in countries. This study (research) wants to consider the supervision on the parliament's election in Iran and England. Election is one of the basic obligations and prerequisites of men chauvinism and legality in new systems. However mere disposition of election do not help to promote democracy, unless other rights and basic freedoms of democracy will be recognized. So everyone believed that the necessity of the supervision on election. The purpose of determination of supervisors is correct implementation of provisions and preventing unlawful interfering of executive and political authorities. The main goal is preservation of the safety election. And unconditional supervision without any responding cannot satisfy this goal the Iranian law system is based on doubled supervision. According with the 99th principle of constitutional law of Iran, the guardian council do this supervision and then letter of credit of elected deputy is considered and enacted. The 99th principle of constitutional law does not determine how this supervision should be and this leads to different legal conceptions. In addition to supervision of safety of election supervision on election of represent active is done. This issue was the main caves of elective crises. The councils supervision is approbation and includes all the stages of election, the elected supervisors by the council do not have independent competence and the council’s decisions are final and binding. There are basic differences in law and political system of Iran and England. And there is no similar association like guardian council- which does the supervision on the election- in elective system of England. Exact and unambiguous conditions help to distinguish issue of competence. And often do by the parties. In addition the supervision has persuasive aspect and is based an individual complaints which can be pursued by the special elective court.