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مرکز اطلاعات علمی SID1
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Issue Info: 
  • Year: 

    2013
  • Volume: 

    15
  • Issue: 

    40
  • Pages: 

    9-36
Measures: 
  • Citations: 

    0
  • Views: 

    948
  • Downloads: 

    754
Abstract: 

While an overwhelming majority of states have hitherto not exercised any form of anticipatory self-defense, believing that it may lay foundation for an ominous precedent, the question remains as to why some writers insist on promoting the concept. As of September 11, there have been increasing louder voices pronouncing its legality. Later, the introduction of the so-called preventive self-defense by the US as a part of its National Security Agenda, rested way beyond the traditional interpretation of the Anticipatory Self-Defense. It appears that the historic doctrinal debate has resurfaced with yet stronger vigor. The present article is an attempt to review the legality and re-appraise the debate on the notion of anticipatory self-defense.The article attempts to objectively interpret Article 51 of the Charter in light of the canons of treaty interpretation with the purpose of finding the customary international law of the time. It then reexamines the Caroline formula and affirms that in the absence of widespread and consistent state practice and opinio juris prior to September 11, it has failed to level up or form as a customary rule of international law. The article concludes that although state practice after September 11 tend to condone the use of force against imminent terrorists attacks, Article 51 of the UN Charter still stands as a valid and effective statute prevailing over the use force mechanism; and that regardless of the temporal flaws attributed to the International Community case history, a Charter-based world order may favorably serve even within the context of challenges ahead in 21st century. The article finally concludes that anticipatory self-defense has not been recognized as a standing norm in International law.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    15
  • Issue: 

    40
  • Pages: 

    37-70
Measures: 
  • Citations: 

    0
  • Views: 

    1321
  • Downloads: 

    683
Abstract: 

Given the substantial role of oil and gas industry, particularly the contribution of upstream development projects in Iran economy, the need for attracting and promoting foreign investments on its upstream projects besides insuring adequate protection of the capital flowed specially through Buy-Back formula, is indisputably vital. On that account, the article attempts to outline the relevant prevailing rules and regulations in order to assess Iran’s legal position in promoting and protecting foreign investments attracted in upstream sector of its oil and gas industry. The Article strives to mark and analyze such rules and regulations and attempts to shed light on the legal system governing this highly strategic industry. In doing so, it will duly examine the upstream Exploration and Development Service Contract (“Buy-Back”), with particular emphasis on to the rules and regulations applicable to Iran’s Third Generation of the Buy-Back contract, Fifth Five Year Development Plan of the country (2011) as well as the reformed Petroleum Act of2011.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 1321

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Author(s): 

ESLAMI REZA | GOLPOUR SOHEILA

Issue Info: 
  • Year: 

    2013
  • Volume: 

    15
  • Issue: 

    40
  • Pages: 

    71-114
Measures: 
  • Citations: 

    0
  • Views: 

    1399
  • Downloads: 

    828
Abstract: 

This article briefly studies the historical background as well as the opinions of some scholars with respect to tolerance, as a human virtue and a moral and political value. It argues that tolerance originates from human dignity and respect and that societies are advised not only to tolerate the differences among individuals and ethnic groups but also value these differences. Further it reviews the available instruments in International human rights law touching on the requirement of peaceful coexistence among social groups and minorities. It then examines in particular, the UNESCO Declaration on Principles of Tolerance. Finally it stresses the need for education in promoting tolerance in societies where social groups initiate dialogue primarily in order to eliminate prejudice, hatred and discrimination off societies, and eventually promote the notion of peace among citizens.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 1399

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    15
  • Issue: 

    40
  • Pages: 

    115-140
Measures: 
  • Citations: 

    0
  • Views: 

    735
  • Downloads: 

    620
Abstract: 

There are instances in Municipal jurisdictions where Corporate legal protections -generally granted as a result of their legal entity- is abrogated, thus empowering third parties to file claims directly against individuals responsible for corporate’s conducts. Similarly in International Law there are circumstances in which Corporate’s protections are lifted and International responsibility of states may arise as a result of actions taken by private companies national to it. In such instances, there must be proof of indications that the private company in question has been exercising sovereign power, has been superintended by the state government and/or has followed its orders. Even so, where the above requirements are not so present altogether, state responsibility for private companies conducts may still be envisaged as result of states responsibility to protect human rights.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

RAMAZANI GHAVAMABADI MOHAMMAD HOSSEIN

Issue Info: 
  • Year: 

    2013
  • Volume: 

    15
  • Issue: 

    40
  • Pages: 

    141-164
Measures: 
  • Citations: 

    0
  • Views: 

    991
  • Downloads: 

    503
Abstract: 

Precautionary principle is one of the pivotal principles in the realm of International Environmental law.For insuring sufficient protection of the environment, the Precautionary Approach requires states to take comprehensive precautionary measures in line with their affordable capabilities. Lack of ready access to definitive scientific facts and figures, where there are threats of serious or irreversible damages, certainty may not lay the foundation for evading effective measures be taken as to safeguard environmental against degradation. Although many international environmental instruments have made reference to the principle, it is notwell respected and adequately adhered to by international tribunals. This paper seeks to examine the legal validity of this principle before such tribunals.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 991

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    15
  • Issue: 

    40
  • Pages: 

    165-198
Measures: 
  • Citations: 

    1
  • Views: 

    613
  • Downloads: 

    523
Abstract: 

On numerous occasions over the past decades, the United Nations peacekeepers have been charged with various offences against the civilian populations they are commissioned to serve. To render criminal justice, exercising jurisdiction over the accused is a requirement.Agreements between States and the UN prescribe that the peacekeeping personnel shall exclusively be subject to jurisdiction of the home States.further, the contributing States shall retain exclusive jurisdiction over violation of International Humanitarian Law by peacekeeping forces. The present article examines the criminal jurisdiction of national courts and the obligation of home States to prosecute such offences, and it further attempts to discuss, inter alia, ICC role in this issue.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 613

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