Year:2020 | Volume:19 | Issue:41|Papers Count:20

Nowadays energy is the base of development and access to it is the main concern of all states. Preparation of these energy resources, specially oil and gas, in global markets needs to transport from producing states to consuming states. This process is committed by different ways including cross border pipelines. Notwithstanding of increasing importance of cross border oil and gas pipelines, there is no comprehensive legal regime in this area and its principal and rules have been included in several international treaties like UNCLOS and ECT. The models of transportation of oil and gas, interconnected and integrated models, due to functions and location of pipelines are non-comprehensive and the legal regime of pipelines are different. Because of vital role of energy especially oil and gas in modern economies, in order to modify international arrangement among states in the context of pipelines, international law should be developed in two dimensions, normative and institutional, especially in regional level.

The incitement to the murder of the victim due to the provocation and mental agitation of the perpetrator and the subsequent murder deserves to be treated differently. It should be noted that although the excuse of provocation does not have a specific title in the public sector, but from the two articles 38 and 630 of the Islamic Penal Code, which are punishable by imprisonment and murder with retaliation, the perpetrator deserves to be commended and relieved. Responsibility knows and has the following conditions:-Because of the victim's behavior and speech-the physical and direct appearance of the commission –,the original or unintentional of the provocation and the presence of a specific and personal criterion in relation to the criminal conduct and the perpetrator. The present study also examines this issue in Iranian law and jurisprudence, considering the difference in provocation and provocation excitation in criminal law based on the library method.

The case of Iran's nuclear program was first referred to the UN Security Council by the Board of Governors of the International Atomic Energy Agency in 2006, and UN Security Council adopted a number of resolutions against Iran. In consequence of these resolutions, some States apparently imposed more sanctions against Iran and went further beyond the resolutions. These States justified their acts under the rules of countermeasures. A countermeasure under the non-proliferation regime, which is an especial regime, is very different than general international law. After engaging of UNSC to the relations between Iran and other States, the situation became more sophisticated.

In recent years, the ICAO started to modernize international conventions concerning aviation terrorism. The result of such an approach was criminalization of large number of acts as an unlawful interference against commercial aviation. For the first time, the 2010 Beijing Conventions criminalize the use of commercial aircraft as lethal weapons and for transportation of chemical, biological or nuclear weapons. Moreover, the main achievements of the Beijing Convention can be summarized: a threat to commit criminal acts or causing any person to receive such threat is considered as offence itself, if the threat is credible, conspiracy to commit criminal acts, cyber terrorism against air navigation facilities, legal and criminal liability of financial institution as “, Al-Qaeda Clause”, , assistance of offender of acts to evade criminal investigation and prosecution, agreeing with others to commit terrorist acts, regardless of whether the terrorist crime is actually committed or not. As a result, the Beijing Convention would greatly reduce the weaknesses and shortcomings of the former international conventions in relation to preventing, combating and suppression of unlawful acts against civil aircraft and provide a suitable ground for the development of multilateral international cooperation between state parties and the creation of an effective and uniform legal mechanism.

The dominant discourse on Iranian Women’, s Rights is based upon a formal reading of Islamic jurisprudence which gives priority to men over women and consequently prevents them from being eligible for holding public offices due to its allegedly required dominance on men. According to the constitution of Islamic Republic of Iran (principle 4), all laws and regulations should be in conformity with Islamic standards and principles. This necessity realizing through continuous Ijtehad of fully qualified Islamic scholars, in virtue of the pre-mentioned dominance of the formal reading of Islamic jurisprudence has granted the right’, s eligibility criteria a male-oriented discriminatory attitude. In order to reach an ideal as well as practical conclusion, the Islamic jurisprudential reasons and arguments of the opponents will be analyzed in this essay. The author believe that there is no persuasive and decisive reason against the women’, s right to hold public office in the Islamic sources.

Behaviors which are committed in pursuit of money laundering are limitative and expressly envisaged in international conventions and in the Anti-Money Laundering Act 1386. Conversion, Transfer, Exchange, Concealment, Disguise and …,are among these behaviors. Limitation of these cases and their proximity in terms of meaning in spite of having different concepts from a legal perspective have different effects on the committing the money laundering, need to be investigated further and more detailed. Moreover, the money laundering penal code is silent about the behavior of managing in contrast with Merida Convention and has criminalized some behaviors like exchanging and reserving which haven’, t seen in Merida convention. Besides, both the Convention and money laundering penal code are silent about the changing as one of behavior for laundering. The reason may be the special perspective to phrase of conversion that recognized its meaning area enough to involve the meaning of change. However, with studding and examining the two behaviors we can know some acts and behaviors have just coincided with the behavior of changing and not conversion. This article has tried to study the ambiguities, mentioned questions and either difficulties of money laundering code in contrast to Merida Convention more accurate with conceptualizing the mentioned phrases in both article 23 of Merida Convention and article 2 of Money Laundering Code and with using Italian and Spanish copy of Merida Convention in some cases.

In the realm of human rights, the right to freedom of expression is the most important right of freedom, and in some way, is the mother of human rights and artistic expression is considered of its kind. Artistic works, besides a form with taste and function of promotion and satisfaction of spiritual needs of human are different media and containing idea, message and form of thought of the creator, and among this, censorship is a process for disturbing in sending the thought of the artist. The censorship is slipping concept and has high interpretation tolerance that its theoretical foundations have been analyzed in this article, with a look at its Iranian type in terms of the status, reasons, efficiency, types and effects, and the result in brief, indicates that: 1-freedom of expression and naturally the right to freedom of artistic expression, the principle and censorship are exception, and the number of examples or its broad interpretation is prohibited,2. The government does not have the competence to censorship, this is the responsibility for civil society, and the government must, of course, protect artists of cinema from society censorship,3. Due to the advent of modern technologies and its communication tools, the censorship if even it is desirable, it is not possible,4. The governmental censorship whether legal or illegal, would ultimately limit artistic rights, undermine the clarity and increase metaphor of the language of art and will follow by self-censorship.

Despite the legislator's stipulation of the principle of the personal nature of criminal liability in Article 141 of the Islamic Penal Code, the authorities have accepted criminal responsibility for other behavior in a highly ambiguous and challenging matter, which has not been preceded by a record. Criminal liability arising from a non-verb that is even accepted in some legal systems as a principle in crimes against welfare is explicitly accepted as an exception in our criminal law. One of the challenges ahead With regard to article 142, is the title of the person responsible for the other conduct in our criminal law? Can a responsible person be judged according to one of the categories of interveners in the crime, such as the steward, the deputy and the partner? Basically we believe that the person responsible for the other conduct in Iran's criminal law has the means to differentiate with the deputy, partner, spiritual subject, as well as causation is a crime, and we cannot justify the responsibility of these individuals under one of these titles.

One of the most important tasks of governments is to provide citizens with security. In this regard, since the government and the penal justice authorities do not carry out their real duties in dealing with the roots of crimes, projection and creating a mental form and a stereotypical picture of crime, thus suggest people that the reasons for their deprivation of security is the convictions with the criminal offenders who threaten public safety with commission of crimes,and therefore measures should be taken to punish them strictly and to exclude them from the constitution of the community. Adopting such reactive measures that lack any scientific and expert basis in identifying the causes of crime, poses a serious obstacle and challenge, and provide grounds for the creation of penal populism, antipathy discourse and victim ram. This article aims to investigate this issue by emphasizing Iran's penal policy in the form of three speeches.

One of the principles of just trial is principle of openness of trial. Legislators of countries, as per a part of advisabilities, state exceptions of this principle, too. One of rights that have been taken for these criminals in lawful system of countries is principle of openness of holding trials related to political criminals, absolutely and there is no exception in it. In Iranian penal system, how of trial of political criminals has faced with many ups and downs, so that in a juncture. One of reasons of penal severity tendency against this category of criminals is fear of dominant power and instability of government after actions of political criminals while political criminals are present criminals and future heroes and soul of justice-seeking leads them toward deviation. So, existence of a separated penal policy whether in dimension of natural penal law and form penal law and also, holding trial of political criminals as open and without exception is unavoidable, a subject that has been predicted in principle 168 of constitution. But ordinary legislator in 2013, by enacting articles 305 and 352 of penal trial ritual act and article 4 of political crime act in 2016, has provided field of explicit and clear contradiction of principle 168 of constitution. The subject of the paper is to investigate this subject.

Freedom of association and political party activities in international human rights documents and constitutions of most countries is a right that guaranteed to all citizens. Iran's constitution recognized this right to all citizens but with the criterion of Articles 9 and 26, puts obligations on them. Thus, according to these principles can be said, the independence, freedom, national unity, Islamic standards and the Islamic Republic Foundation, as restrictions on the formation and activities of political parties, have been justified in terms of constitution and they can be looking at international documents that have been recognized as limitations justified such as public order, the rights and freedoms of others, etc.

As society is constantly changing, meaning and conception or the functions of social institutions also has been changed and infertility and reproductive ways has been changed and has taken a new shape simultaneously scientific and technologic advances in different areas. The main purpose of discussion around “, womb rental agreement”,in this study was to consider one of the important effects of this agreement, i. e. “, determining parentage of the children born by this way”, . Surrogate agreement in pregnant is an agreement that is agreed between surrogate mother and infertile couples and according it the surrogate mother commit against infertile couple that the embryos from the sperm and egg in her womb reared and deliver the embryos after birth. One of the most important subjects and questions is that the child born from surrogate womb contract is attributed to which mother? Different perspectives are considered in Iran and Turkey in this regard. It seems that in spite of legislators’,silence and lack of legislations in two countries, we can conclude that Iran legal attribute the child to genetic mother (the owner of oocyte) and Turkey legal attribute the so called child to biologic mother (The holder mother).

Today the expansion of contagious diseases from HIV, Hepatitis, Ebola, Tuberculosis, made several crises in the world including our country, Iran. Among significant problems in this area is the responsibility of legal entities which is due to transmission of dangerous contagious diseases. What is called “, Civil Liability”,in English law is tort. Legal entities which are responsible for transmission of dangerous contagious diseases are the hospitals which negligence of any of hospital authorities can cause the transmission of the dangerous contagious disease to some people. “, Civil Liability”,of the hospital in the case can be contractual or tortuous or blood transfusion center which has the obligation of transportation of healthy and free from contamination blood and blood products, so in the event of neglect of any of legal entities, legal obligations must be considered so the rights of the victims of these diseases won't be violated.

When it comes to bankruptcy, it seems that the situation of businessman's creditors, in spite of the fact that there are more precise issues, the situation of creditors in a merchant so that he tries to violate their rights by resorting to the rules governing bankruptcy, should be considered more. Bankruptcy has two roles of bankruptcy and compensation. The historical mission of this legal foundation is to prevent the creation of new debts and pay the payment. It is possible, however, that the existence of debt is temporary and, after a period of time with the sale of goods, the receipt of credits or the effect of the passing of the creditors, it may be required to establish a fair policy on the balance of creditors, since in bankruptcy law principle is based on the equality of creditors, it is necessary to consider all diane as a source of obligation.

Regarding the limitations created for the principle of free will in possessing individuals’,lands in public and constructional plans, it seems already required to be materialized, and there is a precondition of mutual agreement and consent, and legislator deems a conditioning for the case. However, this agreements has itself some limitations and boundaries out of which such consent shall be null and void: For instance maximum price of agreed properties, time limitation for validity of such agreement and also it requires approval of the agreement by the inspecting officials of the executing authority. However, this condition of agreement seems to bear no obligation in the law of executive guarantee in terms of conditional orders to authenticate or cancel the transaction,hence it is recommended to consider a proper executive security to preserve ownership rights. One of the results of agreed and non-compulsory illegal possessions of others’,ownership right in such plans is that in case necessity of execution of the plan is removed and its execution is aborted, the former owners of the said land are not entitled to apply for cancellation of the aforesaid conveyance. The reason for such case was recognized to be thematic exit of the said ownership from authority according to views of Public Board of Administrative Justice Court,anyway any dispute resulting from the performed agreements will be discussed by Public Courts of the Judiciary (not Administrative Justice Court).

Structural fundamentals of ownership of irreplaceable monuments in legislations of Iran are due to two norms: harmless and dominance. Domination of these norms are so widespread that juridical and semi-juridical systems, affected by that, regardless natural and legitimate ownership and selecting related ownership similar to theory of guardian council in 1361, they verdict to emit many of national treasures from national register area. In the absence of individuation and appointment of cultural-historical irreplaceable values, immediate or gradual destruction of these types of buildings are evident. Ruining these monuments is done by jobber men and through neglecting actions, or any acts affected by absence of valuation criterion in platform of legislation. So we can say that there is no buffer between heritage-cultural values and current legal system and their desires. This research tries to answer this question: “, what is the role of cultural-historical values of irreplaceable monuments in enacting legislations in private ownership area in Iran and how can extend up safety rule by using values in these types of buildings to general ownership? ”,Research aims to critically study on regulations in cultural and historic wealth area and stating values in nature of these monuments where without them, rules would be inefficient and repulsive. This research tries to remove irreplaceable cultural-historic wealth from the limits of current ownership rules and balance the opinion of guardian council. The outcome of research is: historic buildings which are belonging to individual private ownership are legitimacy ownership that essentially creates no limits for any specific person. This type of ownership is generated due to proper location or time tool and continuity of this situation during time with keeping location status but should not conflict with natural and experimental right of people.

Sir Nasir Al-Din Tusi is one of the prominent Iranian characters whose scientific endeavors and works in his time have been significant. The Nasirean Ethics as an ethical and philosophical work is about edification of personal morality and social policy that its review is valuable. This article is to look at this significant book with a criminal science point of view in order to find out its criminal implications. To do so, after referring to the division of science in the view of Sir Nasir Al-Din Tusi, first, human,second, person and personal morality,and third, society and social policy are explained. Consequently, regarding the Sir Nasir Al-Din Tusi’, s definition of human, one could say that the education is the central part of edification of personal morality and social policy and in terms of response to criminality he in principle give priority to the reintegrative response but not exclusive one. Furthermore, the death penalty as an eliminating response is not accepted.

Euthanasia is a contentious issue in medical and legal assemblies. This issue is related to incurable patients who tolerate a lot of problems during the patience period, demanding life deprivation, for some reason. A few countries have legalized some types of euthanasia, and some others have reduced the punishment of perpetrators. But this is not recognized as legal in Iran and it is considered as murder. This research has studied about necessities and barriers to the legalization of euthanasia, by descriptive and analytical method. Required resources were collected and analyzed with the library method. Finally, pain relief of patients, Demographic characteristics and the aging crisis ahead, high cost of maintaining patients, adaptation of euthanasia to the meaning of life and Creation goals were recognized as the most important necessities. The most important Barriers included Quran and jurisprudential, Legal and human rights constraints, ethical limitations and non-demand and social acceptance. It seems that, barriers to legalization of euthanasia in Iran, are stronger than its necessities, and overcoming them is not easy.

Identification and transparency of the legal system of official registration of any kind of companies can be important in development and facilitation of business and monitoring of business activists. In Iran laws because of Inefficient regulations due to the antiquity of commercial laws lots of problems have arisen for business activists and business corporations. Laws and regulations of company registration in Iran do not have any specified system. The vague existence of laws and regulations of company’, s registration and its inconformity with the recent situation caused the confusion of analytic laws and basic elements of company’, s registration. However after constitutional revolution the situation of trading activities and procedure of formalizing the business activities have been find out so important but the lack of reform and updating, as well as the lack of proper localization of the necessary oversight and regulatory forecasts in business matters, have led to the incorporation of multiple corporate registration structures into some other registries, and some of the substantive laws and regulations have taxis also extend the dominant space in the registration process.

Implementing various Codes in the field of international maritime law regarding the establishment of maritime security is subject to the cooperation of the military and intelligence agencies of the countries in the implementation of laws and regulations in the field of intelligence and operational. This is due to the recognition of the competence of the country's military and intelligence in the territorial waters of the country, the way in which information is collected, how to share and process information between the legal and military authorities in order to coordinate the implementation of the instructions, in accordance with the provisions of the Regulation, approved by that country. The implementation of such an operation is subject to the implementation of legal constraints on the interpretation and validation of information in order to create suspicion or assurance of national or transnational crimes by individuals within the territorial waters of a country. In the metropolitan areas, achieving such goals depends on the cooperation of the Commonwealth countries. Currently, there are two LRIT systems in the field of data collection in the domestic seas and VBSS operations in the area of data collection in the territorial seas of the countries and beyond. The implementation of such processes under international law with challenges such as the international cooperation mechanisms, the existence of rules on the sharing of military intelligence, the existence or lack of military capabilities of countries in collecting information, in particular, the warships in free waters, the type The competence, the scope of the competence and validation of information, the manner in which information is collected, the consent or dissatisfaction of a particular government of a suspect, etc., which strengthens the necessity of ratification of international conventions in this regard.