LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)
Year:2014 | Volume:5 | Issue:3 (10)|Papers Count:7

In contrast to other ancillary suits (such as competing claims, compulsory presence of a third party, and intervention of a third party), there are no particular regulations in the Iranian Civil Procedural Law to define principles and rules govering “additional claim”. The word “additional” within the context of this term has two meanings. Its general meaning includes any change in the essential elements of the claim, the purpose of the claim, and the reason for the claim, which generally known as “changes in the claim”. In its specific meaning, it refers to a claim submitted under a new demand which is attached to the original claim due to its relation to the original claim. Accordingly, this paper analyses the concept, necessity, conditions and rules govering the additional claim in order to clarify the existing ambiguous points, differences and similarities with the changes in the claim.

Explanation of Legislator of Iran in Enumeration of causes of appealing, appeal to the supreme court and rehearing is different. This difference in some instances is logical, but in otheres is not reasonable and analysis is necessary. With comparing of causes of appealing, appeal to the supreme court and rehearing, it becomes obvious that some of causes are common between all of the three complaints. Some otheres are common between appealing and appeal to the supreme court. A little of them, cause the overturning of judgment only in appealing and rehearing.

The idea of participation of people in society is an ancient plan in history of political thought that referred to first appearances of the group living of human kind. Apart from etymological and epistemological bag round of term, in conception theory of “participation” is a product of modernity age and genesis democracy thought; under the protection of the intervention of each person rights in self determination of policy ,economy, sociaty and culture or to other interpretation, the third generation of human and citizenship rights, that all together are confirmative in this manner equal, freely and autonomously or narrating from performing this rights by social contract and with supervision of the state. For the present, most quantity of acceptance and attracted partnership in managing of country by all states; calculated as an agreeable standard for testing legitimacy and efficiency between states in the global society. Therefore the states as much as they attend to acceptance of public exciting in participation of citizens ,consequently appearance a good governance and accountable state in that politic society ; opposing their operating on reverentially and defense, to respect in case of partnerships, appearance facials from of non democratic governances or governors. Meanwhile circumstances of relation between states with citizens may be considered importance factor in understanding and testing of the public authority role in attractive participation process in politic society and this show off is a new function of goverment that arranges efficiency of state in protective participation of people. In accordance to the text, the state has a fundamentally role in participatory process in public domain and to operate on with evolution in roles and great structures in the filed of education, economy, policy, law and so on. Finally should say that, the research and analysis of all processing participation of people by state was a focal point in this thesis.

Orumiyeh Lake is one of the most important wetlands of Iran which has registered in the list of wetlands of international importance of Ramsar convention. Base on this convention Iran has bound to make wise use of Orumiyeh lake. Wise use of this wetland is completely connected with taking a comprehensive approach in using the wetland, environmental impact assessment of the proposed projects, defining the especial water divide of the wetland and legislating in order to support it. In spite of this, several problems such as passing Shahid Kalantari highway and cutting the wetland into two separated parts, building tens of obstacles in the basin of the lake and depriving it from its water divide, in addition to 20 increase in the temperature of the area and continuous droughts, have changed the ecological characters of the lake and dried about 18.4 of it and created 1800 square kilometer of desert. With doing the developmental projects without regarding the environmental impacts, the ecological characters of the lake have changed and the commitment to wise use of wetlands breached. So designating the water divide of the lake and complying the comprehensive management program of the lake could revive this wetland and secure the wise use of it.

Interim and conservatory measures are special legal entities which have specific functions in the domestic law, but in international public law, it is not explicitly mentioned and its availability as a binding procedure is unknown. The reason for such difference between domestic law and international public law is the text of art. 41 of the statute of international court of justice and art. 91 of the UN charter which are both unclear in stating this procedure as an enforceable one.In this article, in order to make a clarification of this classical procedure, we are going to make a comparative consideration among other branches of international law specifically international trade law to show how these types of measure are treated in practice.

Marine salvage is the process of rescuing a ship, its cargo, or other property from peril. “Salvors” are who carry out salvage to vessels that are not owned by themselves, and who are not members of the vessel's original crew. There are two types of salvage: In contract salvage the owner of the property and salvor enter into a salvage contract prior to the commencement of salvage operations and the amount that the salvor is paid is determined by the contract. In pure salvage, there is no contract between the owner of the goods and the salvor. The relationship is one which is implied by law. The salvor of property under pure salvage must bring his claim for salvage in a court which has jurisdiction, and this will award salvage based upon the merite of the services and the value of the salvaged property. In order for a claim to be awarded three requirements must be met: The property must be in peril, the services must be rendered voluntarily, and finally the salvage must be successful in whole or in part. There are several factors that would be considered by a court in establishing the amount of the salvor's award. Some of these include the difficulty of the operation, the risk involved to the salvor, the value of the property saved, the degree of danger to which the property was exposed, and the potential environmental impacts. There are two conventions on salvage: The 1910 Brussels Convention for the Unification of Certain Rules with Respect to Assistance and Salvage at Sea and The 1989 International Convention on Salvage. Iran is member of these conventions. This article deals with the rights of the salvor in the mentioned salvage conventions and Iranian Marine Act.