PUBLIC LAW STUDIES QUARTERLY
Year:2019 | Volume:49 | Issue:3 |Papers Count:18

Increasing international organizations as active subjects of international law, their role in the commission of internationally wrongful acts has also increased. Organizations not only have committed internationally wrongful acts independently, but also playing a rloe in wrongful acts committed by states or other international organizations in some way. This has led to address the international responsibility of international organizations in connection with the act of state or other international organizations in addition to the independent responsibility of international organizations. It has been known as derivative responsibility and has been addressed in field of state responsibility before. While international law commission (hereinafter I. L. C. ) has not clarified it well in its draft articles on responsibility of international organizations (2011) (hereinafter ARIO), there are considerable differents which need to be explained, despite the similarities between the concept of derivative responsibility of international organizations and the said conception in the field of state responsibility. Aid or assistance, direction and control, coercion and circumvention are regarded as four exclusive situations in the scope of derivative responsibility of international organizations which the contribution (also known as distribution) of responsibility is not similar in each of the situations in question. The spectrum of the said distribution is very broad so relatively in responsibility and also circumstance in precluding wrongfulness would be observed.

Sometimes legislator confers to the administrative bodies the ratification of the executive regulations. In such cases, the refrainment or procrastination of the administration would be contrary to the rule of law and would infringe the rights of the citizen. In these situations, is it possible to sue the administration through the Court of the Administrative Justice and compel the administration by injunction to pass executive regulations? In some countries like France and Spain citizens can refer the case to the administrative courts and receive the injunction order against the administration. But in Iran none of the three laws enacted in 1982, 2006 and 2013 about the Court of Administrative Justice does not considered this problem and so it is not possible to sue the administration. In order to empower the Court of the Administrative Justice to hear such cases it is necessary to amend the Law on the Organization and the Procedures of the Court of the Administrative Justice (2013). Research method is analytic based on comparative studies.

Following the start of the internal war in Syria and its expansion to Iraq, the Iranian government sent its military advisers to these countries on invitation of the Iraqi and Syrian governments. Therefore, their presence was in accordance with the consent and invitation of the host government and in accordance with international law. The main issue in this article is the immunity of Iran's military advisers to the courts of host governments. According to the Convention on special missions that nowadays accepted as international customary, international law commission draft about Immunity of State officials from foreign criminal jurisdiction and the existence of numerous military contracts, in which refer to the military advisers immunity (which are part of the armed forces), Iran's military advisers should be immune from the Iraqi and Syrian courts.

In terms of market failure, competitive and predictable policy and intervention rights organizations competition is inevitable. The establishment and recognition as an institution, "Competitiveness Council" under Article 53 of Chapter IX law enforcement general policies of Article 44 of the constitution, For its extensive set of functions and powers as well as the presence of high-ranking judges with special powers among its members, Expresses support for Iranian legal and legislative body of values and economic imperatives of the free market and fair competition. Although the composition of the government mostly of its members, the faint presence of representatives of the private sector, lack of legislative support for the principle of independence of the Council and its decisions, the relative heterogeneity of the prohibitions and legal exclusion, Interference with the duties and powers of the Council with other legal entities and the ambiguities of relevant operations, great obstacles in the way of their goals.

Military necessity is an important concept in both jus ad bellum and jus in bello. Jus ad bellum refers to the legal norms which restrict the circumstances in which states can resort to the use of force, while jus in bello refers to the placing of limits on the manner in which hostilities are conducted. In the past, it was often claimed that a belligerent party is at liberty to deviate from the law of international armed conflict when military necessity so demanded. This claim, which actually means that military necessity is superior to the law, is now completely defunct. At present, it is indisputable that if ‘ necessity knows no law’ , then there is no law. At present military necessity can only be considered as an exception to the humanitarian rules, but of course there is some requirements for this exception that military necessity cannot be achieved without them.

Applying formal and material objectivy, derived from philosophical foundations of positivism, on human law, which are framed based on authenticity of feeling and the possibility of experimental observation on the one hand and on the differentiating the realms of objective truths and negating the possibility of rational knowledge of legislation and practical wisdom on the other hand, has formed the frame of rights and duties released from all kinds of ideological value constraints and commitment to the closed circle of mankind's will and commands without being able to move out to its own supernatural. Preventing the inconsistency between the two abovementioned issues will reduce positivism, as a formalist theory based on the conventional-lingual analysis method, to a Kelsen-Hume(ic) expression and therefore it has consequently encountered to relativism and inaccuracy. Accordingly, the concept of justice in public law has been conceptually transformed to the characteristics of having no criteria, personalization and being separated from the positive law. Nevertheless, the existing fallacies through ordering the introduction and uncommittable results has caused failure of the mentioned school through law and legal justice.

The Government of Uganda after the US failure in LRA disability and lack of success in advancing peace talks with them, the Supreme Court of Uganda referred to the status of criminal. The leaders of the insurgent in the new conditions with the best interests of the peace talks with the Government of Uganda continued to negotiate from a dealer. The Government of Uganda welcomed the conditions, but the final peace agreement, signed by refugees to return and the Analects of criminal file and cancel the arrest the leaders of the insurgent conditional sentences. The Government of Uganda signed a contract to meet the demands of peace and of Justice, the final acceptance of the traditional mechanism of subject. While the Government of Uganda on the verge of preparing local insurgent leaders with regard to the trial, it was the branch of the criminal can be set to a file on your admission and appropriate to maturity. With this preliminary approach the branch indicated that in the battle between peace and justice, the realization of Justice is more important for his eligibility and any pretext out of the provisions of the Statute of the Court criminal case underway in Criminal Court can not be stopped or extradited.

In the imperative orders (moral order, social order, legal order and the political order) norm has its own meaning that having diversity in concept, each has their own definition in the objective process. Social sciences and law, as the knowledge of imperative sciences, have their own orders that in the process of creating social and legal order, “ Norm” is the practice standard and the basis of social and legal order formation. Since the legal order is like a garment that covers social order stature and must interact with each other, measured knowledge of propositions and the cornerstone of the two disciplines should be presented. Considering the importance of cognition of norm in the social and legal orders-in the context of the sciences of sociology and law – it is necessary to explain the nature, compare the characteristics and components of creating norms and reliability (longevity) of them in different fields, as well as to review and to check conformity of them. In this paper, with documentary method and analytical-comparative approach, quiddity of norm is contemplated and the concept, origin and substantive and procedural properties of norm are analyzed in the context of the social and legal order and their similarities and differences are explained.

The necessity of Judicial security or Justice is that no one be prose cuted, tried, or punished for the same crime or conduct more than one time. Ne bis in idem is one of the important principles of criminal proceeding in internal systems that has entered into the international law field and has a special position. This principle has also been specified in statutes of the international criminal courts both ad-hoc and permanent. According to being better of international proceedings than internal proceedings and presumption or possibility of fair trial and without exercising influence, the international criminal courts decisions are absolutely possessing Res Judicate but the reverse is not so, and if a country proceeds against one of the international crimes in the internal courts, the International criminal courts can try such a person again, and its only reason is observing some of the most important fair trial indicators and preventing not being punished of perpetrators of the international serious crimes.

Environmental law in the EU is one of the most comprehensive and concrete environmental laws in the world. Legislative system on environmental issues in the EU incorporate a series of principles, regulations and directives which not only must be observed by the EU’ s institutions, legal and natural persons but also have to be taken into account in all policies of the EU. So the liability law of breach of these laws and principles have been arranged strictly. In this contribution I intend to, establish a Persian literature on the topic and also, in an analytic-descriptive manner, I will study on the dominated principles on the liability of persons and states in preservation of environment in the EU. To do so, first, I skim through the liability of the EU essential principles, after that I study the content and context in the 2004 directive and in the last part I will analyze method of implementation and success of this directive in fulfilling its objectives.

United Nations Security Council (SC) resolutions adopted under Chapter VII of the UN Charter are binding. Whenever SC adopts a resolution under Chapter VII, it will consider significant situations indicated in article 39 and in order to reach to this end, requesting the mere final result from addressees of the resolutions. In this regard, UN member States to enforcement the resolutions select their own available means to achieve the goal of the resolution. Whether and to what extent member States the margin of appreciation to enforce the SC decisions have, would be the main point of this paper which, in turn, will be analyzed from the SC resolutions, States practice and case law perspective as to the sanctions stipulated by SC on Iran.

This paper aims to provide an accessible and primarily descriptive introduction to the issue of respect for human rights as a general objective of the EU’ s external action. We are seeking to answer this question, whether the human rights measures and instruments of the EU is harmonized and without complicated or EU is suffering from inclusion and integrity. Because of the value of human rights in the unionو All the mechanisms of this organization are involved in some way Have addressed the issue of human rights in a way that instead of creating a coherent system in this field and new rules and actors have been added. They caused the complexity of the mechanism involved. European instruments and diplomacy for transnational interactions are not a political tool But the EU also has to apply legal requirements in transnational interactions.

Although much of the information derived from underwater remains is the result of activities whose primary object has not been the protection of underwater cultural heritage, UNESCO’ s Convention on Underwater Cultural Heritage (2001), in principle, was not designed to address activities incidentally affecting underwater cultural heritage. Only article 5 of the Convention explicitly addresses this issue while these activities are implicitly referred to in several regulations. In maritime zones lying within 12 miles from the baseline, these activities are not subject to the provisions of the Convention and thus fall under the general provisions of the 1982 Convention. In those maritime zones beyond 12 miles, in practice, any activity may activate the reporting, notification and protection mechanisms of the treaty; there is no distinction between the types of state activities undertaken in these different maritime zones.

In spite of normative development of international humanitarian law, ensuring respect and implementation of it's rules and regulations is one of the main or the main challenge of this system. Although common article one of Geneva Conventions (1949), obliges all state members, not only to respect but also to ensure respect these conventions, states practically do not welcome so much this requirement. This is while, the interpretation of this obligation has been so controversial. Comparative study on the basis and nature of the obligation of ensure respect humanitarian law on the viewpoint of Islam and international humanitarian law is the subject of the present article. Analyzing facts and data available in legal sources, instruments and practices, on the basis of principles, rules and norms of international law, make possible to justify ensure respect obligation according to the model of Erga Omnes obligations. This is while, there are more deep and basic roots and grounds for this obligation in Islamic thoughts and Shari 'a. Some important Islamic principles like "help and protect oppressed peoples", " collaborating for accomplishing the good" and "enjoining accomplishing the good and prohibition from doing the detestable " are concerned in this respect.

Places and cultural property unique to the Palestinian territories have been subjected to destruction alongside Israeli Jewish policies. When cultural property is destroyed, the relationship between the past, the present and the future, and the historical identity, disappears. In such a situation, the conflict between the imperatives of war on the one hand and the preservation of cultural heritage for future generations will lead countries with conflicting goals. On the other hand, in the current situation, the fundamental question is raised about how far the international human rights regime is able to protect and protect appropriate cultural property during occupation, colonialism and armed conflicts, in view of UNESCO's inherent duty to protect property and property. Cultural Phenomena is becoming more and more important to accept Palestine membership in this organization. Therefore, this paper seeks to ensure that, in view of the ongoing conflicts and acts of terrorism in Palestine against property and cultural heritage and deliberate actions beyond the Israeli military's imperative to destroy this heritage, Examines the role of UNESCO and international law in preventing or reducing the destructive effects of these actions.

Nationality Is a Description which determines a person`s relation to a state. This relationship has political Nature and any state determines Its Nationals according to this matter. However, by issuance of universal Declaration of Human Rights and other Human Rights Instruments, The Nationality Became a fundamental Right for Individuals, furthermore, any Deprivation of the Nationality must be evaluated according to the principles of International Human Rights. from this perspective deprivation of nationality basically is forbidden and it should be done on the basis of law in the exceptions, in otherwise this deprivation will be marked as arbitrary deprivation and contrary to international human rights. In this article, we have discussed the right to nationality and its deprivation under Conventional Laws and customary International Law. Subsequently we have assessed the deprivation of Nationality for Bahraini Nationals. It seems, deprivation of Bahraini Nationals is an arbitrary deprivation and is a breach of International commitments of state of Bahrain. It is necessary to adopt decisive measures by International organizations especially Human Rights council, in order to stop this process and treatment of the state of Bahrain

New trends at national and international levels indicate an ongoing development in the context of intellectual property enforcement. This development may affect public health of societies. Although border and customs measures play an important role in ensuring the movement of medicines and prevention of their counterfeiting and smuggle, their excessive expansion may make their movement and accessibility difficult. The paper aims at studying the negative implications of intellectual property enforcement development on reducing access to medicines. Pursuing TRIPS-plus trend by certain countries and conclusion of ACTA may have negative effects in the public health field. Making a balance in applying the enforcements as a new strategy, along with other intellectual property flexibilities may be a proper solution to improve access to medicines.

With the increase of internal conflicts within the borders of the sovereign states after the Second World War, the cultural property has not been immune from the destruction of military strikes. An illustrative example of this claim is the targeted attacks of the Islamic State of Iraq and Syria against the cultural heritage. Effective protection of cultural property began with the 1954 Hague Convention but the most of conventions are dominated the international armed conflicts and not with the non-international armed conflicts. This paper attempts to review the most important international treaties related to cultural heritage support while focusing on the dimensions of the enforcement and support of these documents, the weakness of the rules in this field. Definitely, the compilation and the development of more binding rules and the establishment of a more comprehensive supportive framework are necessary for the more effective protection of cultural property.