PUBLIC LAW STUDIES QUARTERLY
Year:2020 | Volume:50 | Issue:1 |Papers Count:20

Theories of success, justice and satisfaction in the field of efficiency are the most important and significant scientific ideas in determining the relation between the two terms "economic justice" and "efficiency". The relationship between economic justice and the efficiency of the system in the studies of the theoretical foundations of the constitution law of the Islamic Republic of Iran can be characterized by three approaches of neutrality, opposition and coordination, mainly based on the coordination approach. But despite the existing coherence between economic justice and efficiency in theoretical studies, in terms of executive deviations in the realization of justice in practice, the improvement of the efficiency of the system also faces serious challenges. In addition, according to the constitution law and detailed negotiation of parliamentary, the final review of that law, i. e. economic justice is coordinated and aligned with economic efficiency such as "efficiency" that can together bring the sustainability of a political system. Despite, in terms of economical studies in the field of ordinary laws such as tax laws, the contradiction between economic justice and the sub-elements of economic efficiency is considered. It is therefore necessary, that in view of the existing coordination between economic justice and economic efficiency in the supranational documents, at lower legislative and executive levels, the greatest effort is made to strike a balance between some of the components which is in contradiction.

Victims of international crimes almost always are at weak and fragile state. Protection of victims in framework of international criminal tribunal is not a strong protection and if this limited protection remains in the rules of statue there will be an unbalance between situation of victims and accused persons in proceeding. Ngos that in last few years expanded in form of quality of tasks and number of them have a considerable potential to balancing this relation and protection of victims in proceeding. The main protection is legal consultation to victims. Legal consultations often achieves in forms of drafting applications and introducing solicitors for victims. Sometimes Ngos do their protection as amicus curiae and inform court from events in the field. Thus, they could help establishing justice. Ngos in this area are almost popular and recognized organizations such as Amnesty International, Human Rights Watch, International Bar Association etc. they used every means for reaching the objects of international criminal law, particularly justice. Moreover to legal aids, they contact with persons in danger of victimization, try to increase their awareness and also contact with states for persuading them to protect victims.

The concept of law is one of the most fundamental concepts and theoretical foundations of the rule of law, which has played an important role in the formation of the theory of constitutional government. Given the fact that no society was at any time without law and with the presupposition that the concept of law has a developmental syrup and two forms of "new" and "old", and that the new concept of law is in "breakdown" "Or the" continuity "of the old concept has evolved. This article shows that the new concept of law has evolved in the continuity of the old concept but with a different conception of the old sense. Mashtar al-Dawla is the first thinker who, by understanding the different legal basis in both the "old" and "new" forms of the law, comprehended the necessity of establishing a new concept of law and some preliminaries to accomplish this.

The logic of law could not be limited to formal logic, because law is the domain of value judgments which are alien to mathematical demonstration and empirical test. The logic of law is logic of persuasion and argumentation. Argumentation theory is about arguments applicable to value judgments. One of the arguments in this theory is "argument from authority". In This particular argument, theoretical authority of a person or institution is utilized to argue in favor of a proposition. The Opinions of the international court of justice, as a renowned international judicial institution, are relied upon in many discourses at international level; but successful appeal to theoretical authority of the court, needs to meet certain criteria. The survey of these criteria in regard to the "argument from authority of the international court of justice" would help us to understand the role of this judicial institution in international arena.

The labour procedure system in Iran is based on the consideration of special or quasi-judicial authorities to the differences between the labourer and the employer, and the structure and competence of these institutions are explained in Articles 157 to 166 of the Labour Code and the Rules of Procedure of Labour, approved in 2012. Based on the above legal standards, the settlement of labourer and employer disputes in the legal system of Iran takes place within the framework of three institutions of reconciliation, the Delegation of Delegation and the Dispute Resolution Board, and the organization of these three main institutions also follows the common principles governing labour proceedings, including the principle The simple consideration of the lack of formalities and the participation of the parties in the relationship of work in the formation of these references has been carried out. However, by studying the documents of the International Labour Organization and an comprative approach to the structure and jurisdiction of labour courts in Iran and the world, it can be seen that the labour system in Iran has important legal deficiencies due to its structure, jurisdiction and treatment, which is the lack of The full realization of structural autonomy, the lack of general jurisdiction, the conflict of jurisdiction with other specific authorities, the failure to comply with the standards of civil procedure, and the non-compliance of the structure and jurisdiction of the competent authorities with the principles of fair trial and the principles of labour law, among the most important examples are the number they are going.

The Russian intervention in the Syrian civil war in 2015 has raised several legal questions. These questions are generally relating to the legality of the intervention. Although, the Russian Government has based its intervention on the consent of the Syrian Government for combating terrorism, some believes that this intervention is in contradiction with the principle of non-intervention in the civil war. Under this principle the foreign states are not allowed to intervene in the conflict to support neither the central government nor the rebellions. In the 70s, the International Law Institute suggested that this principle has become as a customary rule. However, there is no consensus on the status of this principle as a customary principle of International law. By considering the practice of states and the UN Security Council relating to the Syrian crisis. We can conclude that it is difficult to observe restriction on the intervention in the civil war in support of the central government. While there still exists restrictions on the intervention in support of rebellions, the consent of the central state negates the responsibility of the foreign intervening state against the rebellions and in support of the government.

The “ United Nations Commission on Human Rights” was principal body within the United Nations system responsible for strengthening the promotion and protection of human rights. It was assisted in this work by the “ Sub-Commission on the Promotion and Protection of Human Rights” . Originally the 'Sub Commission on Prevention of Discrimination and Protection of Minorities', it was renamed in 1999. The Sub-Commission's main functions were to undertake studies and to make recommendations on human rights issues and to carry out any other functions which may be entrusted to it. After The Human Rights Council replaced the former United Nations Commission on Human Rights, the Council adopted its "Institution-building package" to guide its work and set up its procedures and mechanisms. Among them was the “ Advisory Committee ” . It has been replaced the former Sub-Commission on the Promotion and Protection of Human Rights. The Advisory Committee provides to the Human Rights Council expertise and advice on thematic human rights issues. This article was designed to compares the two institutions and their function and role to protect and promote of human rights and realization UN’ s goals in the files of human rights.

The constitution is the result of the will of the supreme power in the name of the founder, which is at the head of the hierarchy of laws. Hence, the review of the constitution is often different and more complex than ordinary law. A fundamental review is the change in a number of fundamental values and underlying principles in the constitution. In the present article, in answer to this question, which are the basics of the fundamental review of the constitution, especially with emphasis on the constitution of the Islamic Republic of Iran, the authors have studied and analyzed the subject using the descriptive-analytical research method and, from his point of view, the exception It is possible to criticize the issues of constitutional review. According to the writers of the main legislator of Iran, the development of superstitious principles, especially the foundations of faith, the goals of the Islamic Republic, the republicance of the state and some other constraints, by accepting that the principle of the political system based on religious democracy must be respected and safeguarded by the reviewing authority, is extreme. Has been.

Parallel with promotion of human right concepts in the second half of twentieth century and increasing stress on social, ethical, environmental and humanitarian values under global focus, new concepts are established and multinational companies are not exempted because of their unique role in international tradeand codes of conducts-ethics are one of these concepts. On the other hand Islamic jurisprudence and law on international trade and transactions is based on the same rules governing private law which encompass human rights and can be studied when dealing with companies. This article endeavors to assess the state of codes of ethics and principles of conducts in international law concerning companies and Islamic law in three areas of human rights, labor law and environment law and to show that Islamic law and contemporary international law have common elements in human rights as the basis of codes of conduct and ethics for companies.

In the current era, which is the era of rights, legal literacy is recognized as one of the components of power, ability and capability of citizens and awareness of the law is power. Legal literacy, on the one hand, provides citizens with individual and group rights and is considered as an introduction to their demands and on the other hand, by identifying assignments to individuals, the predictability of citizens' lives is better. Examination of the measures taken in the Islamic Republic of Iran system indicates that, although in most of the current laws and regulations, the legal literacy category has not been explicitly mentioned, But the general emphasis on the need to inform the public in some legal documents can be seen in a comprehensive interpretation including the assignment to legal information and legal literacy training. In the legislative field, It is necessary to formulate a solid legal framework and in the realm of implementation, by providing formal and informal training of legal literacy and also through active participation in civil society organizations in this field, the right to full access to it is fully ensured.

Although the contemporary human civilization has gained many achievements on human dignity, current social movements are not limited to human life and there are some initiatives towards respecting situations of domesticated as well as non-domesticated animals. Consequently, relevant international rules are evolving. The International Whaling Commission and the Dispute Settlement Panel of the World Trade Organization on Seal Products Case show this fact that human concerns on health and public sanitary, human obligations against animals, and environmental considerations create a new concept under the title of animal welfare, which relying on scientific studies, emanates significant changes in national and international legal approaches on human treatment with animals.

Foreign Direct Investment is considered as a vital matter for every countries’ economic progress and no country is needless to Foreign Investment. The main paths for importing such investments are bilateral or multilateral investment treaties. Although for a while, the objective to attract foreign investment and import financial resources to a host country was economic growth but as time advanced, it came out that insisting on economic growth and disregarding sustainable development would create several problems. Notwithstanding the new atmosphere of foreign investment trend and international trade, the query to new arrangements and proper to these evolutions seem quite necessary. Such arrangements which the authors call new arrangements, including investment for development, alliance of policy-making, dynamism and promotion and protection of investor, are intended to create and ensure sustainable development, both in economic and environmental areas and also other areas as well. Their implementation though, requires a concrete legal system with specific enforcements in order to fulfil the defined objectives. This contribution, with a descriptive and analytic approach with a socio-legal method, first, study the concept of new arrangements in investment which has not been dealt with dully. Then, it tries to answer to this question that what is the concept’ s relation to sustainable development. Plus, studies the present legal order both at national and international level and examines the impact of new arrangements on foreign investment.

The concept of development has had a great influence on the social-political system of all countries and on public economic laws. These effects have shown themselves in the form of freedom, government and market failures, the birth of the institution, and various methods of government intervention. These influences can be overcome by the modern developmental attitudes towards the classical principles of public economic law. This article will explain the conceptual and structural foundations of development in the traditional and structural approach and to analyze its effects on the state and the methods of intervention, focusing on economic development in the modern (institutional) approach in the field of public economic law to the analysis of method and review Types of government intervention. And it will answer the question about government intervention and policies whether the development system is in short supply and requires government intervention. Or is it possible to repair everything and do not need government intervention?

The International Court of Justice, on October 11, 2018, responded unanimously to Iran's request for an interim order in the alleged violations of the treaty of amity case and required the United States to take the necessary measures on free exportation to Iran about humanitarian needs, including medicines and medical devices, foodstuffs and agricultural commodities, spare parts, equipment and associated services necessary for the safety of civil aviation, and do not create no restrictions on the payments and other transfers of funds related to these measures. In the course of the proceedings of The Court, the United States, in addition to proposing multiple objections to the conditions of issuing the interim order (prima facie jurisdiction, the plausibility of the claimed rights and its relation to the interim order, the urgency and irreparable prejudice), argued that the requested interim order will violate the USA's sovereignty. The Court, in its conclusions, which often was as a result of the acceptance of the arguments of the Iranian legal team, affirmed the necessary conditions for the issuance of a interim order. According to The Court, the criterion of irreparable prejudices is not merely financial damage, but damage to human lives.

The Convention on the Legal Status of the Caspian Sea has created a new and unique legal regime which is based on the division of the Caspian Sea’ s water-column into the maritime areas of the littoral states as opposed to the common maritime space. Therefore, baselines fulfill an essential function in the new legal regime of the Caspian Sea as the outer limits of the littoral states maritime zones will be measured from their established baselines and the outer limits will in turn determine the spatial scope of the common maritime zone. Meanwhile, the Convention has adopted a singular approach to the issue of baselines. Aside from its distinctive definitions and provisions on normal and straight baselines, the Convention provides that the methodology for establishing straight baselines shall be determined in a separate agreement among all the Parties. On that account, a critical element of the new legal regime of the Caspian Sea will be developed in subsequent negotiations that are on-going as of this writing. What makes this agreement even more significant is the key concession granted to Iran in this respect as the other littoral states have undertaken to take Iran’ s disadvantageous coastal geography into account. This paper will examine the Convention on the Legal Status of the Caspian Sea in terms of its provisions on baselines as well as the challenges and solutions facing Iran’ s legal diplomacy regarding the agreement on the methodology for establishing straight baselines.

US and allies multiple attacks on Syria during 2014-2018 in the excuses of, inter alia, fighting against ISIS and humentrian intervention to prevent claimed use of chemical weapons are in breach of Article 2(4) of the UN Charter. several unacceptable arguments including: “ the unwilling and unable theory” , “ Iraq collective self-defense against ISIS in Syria” , “ the creative and constructive ambiguity of S/RES/2249” and “ implied consent or passive consent theory” have been put forwarded to justify US-led coalition attacks on ISIS in Syria. On the other hand, in an attempt to justify attacks on so called Syrian chemical facilities, it has been explicitly or implicitly resorted to some invalid arguments including: “ strikes on Syria in retaliation for chemical attack” , “ humanitarian intervention for Chemical Weapons Convention implementation” and “ illegal but legitimate theory” . In oreder to answer the question that “ why do the US and allies attacks against Syria during 2014-2018 are illegal? ” , this paper descriptively and analytically consider the deployed arguments supporting the above mentioned attacks and examines this hypothesis: “ the aforementioned attacks are international wrongful acts as they cannot be considered as self-defense or collective security system outlined respectively in Article 51 and Article 42 of the UN Charter. On the other hand, the valid consent of Syria, which may precludes the wrongfulness of these attacks, has not been obtained; so, US and allies attacks against Syria during 2014-2018 are illegal. ”

Following the application of Croatia against Serbia and Serbian counter-claim, before the International Court of Justice (ICJ), the court has delivered its judgment in 2015 in respect of the crime of genocide, that was after almost sixteen years from beginning of the case. Under the influence of International Criminal Tribunal for former Yugoslavia (ICTY), the court could not hold that alleged crime of genocide has occurred, that was because of a very high threshold for establishment of mens rea, implicitly considered by the world court. In this case, ICJ have had the opportunity to deal with some important aspects of the case, including specifically, succession of states in respect of international responsibility and acquiring the elements of genocide via solving the dispute. Despite of its long process, this judgment not only could not improve dynamic aspect of international law, but would even make the convention on prevention and punishment of genocide as an inefficient document. These aspects of this case and practice are under discussion in this paper.

Negotiations in the area of international relations, particularly with the aim of peaceful settlement of the international disputes, should be done with good faith. This is because having negotiations with good faith is like an international rule and in some cases; it is the pre-requisite for a treaty or agreement. Whenever there is an explicit agreement for negotiating, whether the term "good faith" is used in it or not, the parties shall continue negotiations based on principle of pact sunt servanda, and Article 26 of the Vienna Convention on the Law of Treaties with good faith. However, the principle of good faith will be applied even in voluntary negotiations. In other words, even in the absence of an explicit agreement between the parties, or an inherent obligation in some branches of international law, comply with it will be essential. Thus, in both cases of the obligation to negotiate, the Pactum de Negotiando (obligation of conduct), and Pactum de contrahendo (obligation of the result), the parties, regardless of their legal obligations base, should be sincere and purposefully negotiate with good faith and compromise to achieve the desired results.

From the end of the process of decolonization, the issue of separatist demands in the light of the right of self-determination by minorities and the violent response of governments to it, which has been accompanied by widespread human rights violations and threats to international peace and security, has been considered as an important issue in international law. By the end of the Cold War and after the1990s, a new approach to the concept of the right to self-determination emerged, which, by reconciling the right to self-determination and the principles of international law, including the principle of territorial integrity, could provide a solution to the issue of minority conflict. In the new approach to self-determination, the right of people to form a government, turned to the right to organize the state by the people and the minorities. In this approach, the right to self-determination is used as the basis for the establishment of democracy and the development of human rights as well as the guarantee of the rights of minorities. The precise explanation of this approach by using the legal analysis of related documents and its impact on the issue of minorities is the main purpose of this article.

Looking at the recent international drug developments, we find that the discourse of the international community of actors is confronting different and changing drugs; in countries such as Colombia and Afghanistan, as countries of origin, drugs are directed against countries of destination such as Mexico and America, There is a more lenient approach. It seems that there has been a move from the end of the rigid layer to the lean regime in the drug policy of the countries; this change of attitude can lead to significant savings in the cost of coping with materials. Hence, for some time, international drug control organizations have also been redressing the existing constraints regime, as evidenced by the launch of 2016 UNGASS and the emphasis on shared responsibility of governments, hearing the voices of non-governmental organizations on the one hand and expressing criticisms of alternative development and development The salaries of indigenous peoples on the other, and ultimately the reform of substance-related treaties. The purpose of this research is a comparative study of countries of origin and destination of the drugs and this is due to the special session of the United Nations General Assembly, the adoption of laws followed by penalties careless manner more favorable can cope with and support for victims play that role.