PUBLIC LAW STUDIES QUARTERLY
Year:2019 | Volume:49 | Issue:1 |Papers Count:16

Salvors and finders seek to maximize the economic benefits of their actions while archaeologists seek to provide optimal conditions for the protection of underwater cultural heritage. The contradiction between the goals of these two groups is obvious and reconciling their conflicting goals is very difficult. National laws and international documents have taken two general approaches to this challenge: some of them completely prohibit the application of salvage law and the law of finds to underwater archaeological and historical remains, and others explicitly authorize the implementation of these laws in the field of underwater cultural heritage. In the meantime, The UNESCO Convention on the Protection of Underwater Cultural Heritage (2001) has tried to create a compromise between the conflicting positions of these two approaches. Article 4 of this Convention provides for the implementation of salvage law and law of finds subject to certain conditions. The compatibility of this provision with Article 303(3) of the 1982 Convention is ambiguous and its compatibility with the provisions of the International Convention on Salvage (1989) is possible under certain conditions.

In the facing of the Syrian refugees crisis, the European Union has tried to coherence the member states approaches by setting a common asylum system and to transfer the responsibility burden to the third countries by the out-sourcing policy. The legal basis of determination of the international protection and its inclusion, is based on the international and European treaties. In this descriptive-analytical article we have analyzed these documents and legal principles deprived from them. We also have checked the judicial procedures of the European courts, in the guarantee of the rights originated from the international and regional commitments of the member states. What can be deducted of the induction in those resources is that the Europeans reaction to this crisis is different and in some cases conflicted, mainly because of the influence of the variables such as quantity, age, gender, and the national legislation and political system of the European countries. And fundamental reforms, both in decision-making and legislation system, is necessary, such as creating common legal system based on the European human rights norms, accelerating the process of analyzing the refugee requests and facilitating of its granting conditions, and refraining of the safe countries procedure despite in special situations.

The issue of indicators for resolving administrative disputes such as compromise, mediation, arbitration and other forms of social justice is one of the most prominent government actions in public service missions. This research is aimed at studying the necessity of non-trafficking practices in contemporary legal systems, which is likely to be seen in the practice of any government. The method of research, based on the purpose, is considered to be a practical application and has been subjected to a non-experimental descriptive method in terms of the nature and method of collecting the data and data. Based on the findings of the research, it was found that these practices all have common traits that are distinguished from the formal justice structure. . The trends in these practices are much simpler and more informal than judicial procedures And in most cases, the proceedings are essentially flexible, without official formalities and without extensive rules of procedure. In the Iranian administrative law system, the institutionalization of these practices has been proposed alongside the judicial authority, especially with the administration of the state's "administrative contracts", in order to reduce the number of judicial cases and the continuous improvement of public services.

One of the most important features of the law governing the work relationships of international organization staff is its protective character. Functional protection for staff in cases such as protecting staff from interference, arbitrary actions of governments or even their international organizations or influence, as well as providing functional protection to staff of international organizations in matters relating to immunities or compensation for damages. They are crystallized in their area of rights and organizational duties. In the case of damage done to the staff of international organizations, the right to exercise Functional protection with organization for staff is recognized, and, on the other hand, the state of the affected employee of the organization can exercise diplomatic protection for his or her nationals. Functional protection by the organization is not a barrier to diplomatic protection, or inherent superiority over the diplomatic protection of a state to support an employee who is a national of his own. So there may be a synchronization between them, which must be resolved in any particular case by an agreement, in which case none of these two types of protection is superior to another at a single time.

Generally, according to the statutes of international organizations, the precondition for membership in those organizations is that the applicant institution should be state. According to Article 4 of the United Nations Charter, only states can become members of the United Nations. When a State become a member of the United Nations, other states that have voted in favor of new member, acknowledge new member as a state and recognize it. After the adoption of resolution 19/67 by United Nations General Assembly, the status of Palestine was enhanced to non-member observer state. One of the major issues that has generally been raised since the issuance of the recent resolution was the collective recognition of Palestine by the UN General Assembly. In this sense, the states that voted in favor of resolution 19/67 have also somehow recognized the Palestinian state because because with their positive pole acknowledge the existence of the Palestinian state. In the author's opinion, the vote in favor of membership of a state in international organizations, especially the United Nations, implicitly recognize a new member. In the case of Palestine, although it has not become a member of the United Nations, the resolution acknowledge Palestine as a state that implicitly lead to recognized Palestinian as a state through the General Assembly of the United Nations.

Consequences of succession of states in respect of international responsibility, or state succession on international responsibility has been dealt with international law doctrines. The issue was postponed by international law commission (ILC) for many years, due to the highly controversial and dubious thoughts. There is a fundamental debate on the concept and existence, not merely the domain, of state succession on international responsibility, despite the other consequences of succession. Clarifying the conceptual framework, following the limitative categorization on the basis of legal deterioration or continuity of original state, the present paper saught to illuminate the conception in question has been in the process of rulemaking and showed that this international legal perception, despite the prima facie contradiction between the said conception and two main principles of international law, the principles of independent responsibility and clean slate, in fact, has been in harmony with its essence. The necessity of reparation and the linkage between population, territory and the successor state, and the objectivity of rights and obligations, requires transferring responsibility to the successor state. The said perception is regarded as the other exception to the mentioned principles, logically.

In the new information and communication space, ordinary people equipped with communicative technologies, have the ability to discover the real personality of public figures or satisfy their own curiosity by revealing their private information and photos. This situation arises from a body of rights including the right to knowing, free access to information and freedom of expression in the new communicative space. But public and famous figures claim to have privacy that is contradictory with the rights aforementioned. This essay with an analytical method surveys relative conceptions and the judicial precedent of European court of human rights and discuss the relation between the privacy right of public figures especially politicians and the modern information and communication space. The judicial precedent of countries and European court of human rights propose criterion for resolving aforementioned contradiction. This essay by distinguishing between politicians and other famous figures conclude that disclosure of private information and photos of public figures according to the circumstances won't be contradictory with the privacy right, if it is for more clarification of their personality and comparing their private behavior with their formal positions in order to establish a debate containing a public interest.

In the information age, because the battlefields are shifted, the international community is threatened by cyber war fares. Today, cyber-attacks are considered as a separate category in different methods of warfare and at the same time, they can represent a novel type of use of force since they may lead to impacts such as massive damages to the critical infrastructure of a government, property damages, and loss of human lives. Therefore, when using this novel method of confliction, whether a war operation in a conflict solely consists of cyber-attacks or cyber warfare is a part of a military conflict with several tactics, principles of international humanitarian law must be applied and the governments must abide by the obligation according to which, the new means and methods they use in cyber warfare are in accordance with the existing principles of international humanitarian law. This article aims to prove that until specific principles of international humanitarian law in cyber war fares are not developed, by means of resorting to the existing principles and rules, cyber conflicts can still be defined within the framework of the principles of international humanitarian law.

“ Proportionality” has an important role in In implementing the "Equity" in the delimitation of the Maritime Boundaries. This principle is considered as a measure of equitable for Maritime delimitation. Proportionality and developments of this principle in delimitation of Maritime Boundaries is indebted to judicial procedure which International Court of Justice and other courts and tribunlas in its judicial procedure has presented it with different approaches and with transit through different stages, crystallized its. In this research, development of Proportionality in delimitation of Maritime Boundaries from judicial decisions perspectives have been investigated and by reasoning in international court decisions, it was determined that international judicial decisions in presentation and progressive development has had a vital role in the principle discussed and has made it as an equitable standard of delimitation of Maritime Boundaries.

State tendency to establish reginal economic unions beside some major international organization which are based on economic and political reasons, either at the time of commencement and during activity are facing with legal berries. Globalization in addition to political aspects comprises legal issues such as unification of legal rules. Some international organizations like UNCITRAL, UNIDRIOT seek to reduce legal systems differences. But, in addition to this, other issues like the principle of sovereignty of states, parallel judicial proceeding on trade disputes, exception of foreign decisions and awards enforcement and development of internal court’ s jurisdiction hinder economic convergence. In this article these factors will be examine in the context of European Union and European Free Trade Association (EFTA) trade system.

Provisions of the United Nations Convention on the Law of the Sea 1982 involve the necessary tools for the protection and support of the resources of the deep sea area. But international obligations prescribed in the Convention on the law of the sea for the safeguard and protection of the deep sea area environment should be interpreted in a way that covers other existing regulations in the customary international law. Although in the Convention on the law of the sea provisions is no hinder to extend the international customary law obligations on the States parties to the Convention, but branches of International Tribunal for the Law of the Sea are reluctant to extend to the law of the sea. The approach of Seabed Disputes Chamber of International Tribunal for the Law of the Sea in 2011 advisory opinion indicate the responsibility of the Member State in protection and protections of the sea environment are limited solely to the provisions of the Convention on the Law of sea and its Executive agreements And the doctrines of customary international law do not work directly in this area. This contradictory approach of Seabed Disputes

During the time and with improvements in science, consumptions of energy and using natural resources have been greatly increased. But using energy leads to demolition of environment. Also according to increase in fossil fuel usage and combustion of these fuels, the concentrations of greenhouse gases have been notably increased. . Such new technology for confronting with the phenomenon of warmness or controlling it to have ecological balance is Carbon Capture and Storage under sea beds. Also there might be some disasters because of incorrect guidelines in using this or other technologies in environment. Thus there may be need for some rules and laws of responsibilities in environmental damages in order to claim international responsibilities of states and non-state actors. In this research we want to discuss about Replacing Energies and the technology of Carbon Capture and Storage and analyze the possible damages to the environment by referring to principles and concepts of environment international law and finally we get to discuss about the international responsibilities of states in using this technology.

States have the obligation to protect the people who live in their territory and assist them during natural disasters because States have Sovereignty. But the reality is that all of the States have not the same power and so humanitarian assistance without the cooperation of other states and international organizations is impossible. ILC has studied on this subject for some years and finally completed a draft articles and sending it to the states for getting their opinions. Under ILC draft affected state has obligation to make available humanitarian assistance for its people and its consent is the essential element for sending humanitarian assistance to it although affected state does not have to object to humanitarian assistance arbitrarily. The Responsibility to protect is the most important reason that states make available humanitarian assistance for affected states.

After the victory of the Islamic Revolution and the rise of international economic pressure, over the course of four decades, the Supreme Leader of the Islamic Revolution in 2010 developed a concept in the economic literature, called Resisting Economy, in which economic progress and getting out of international crises are dependent on the implementation of policies and general indicators of the Resisting Economy. In this regard, international assemblies and at the head, the United Nations, since its foundation so far, in order to reduce poverty and progress in underdeveloped or developing countries internationally, created a concept called sustainable development, and adopted various documents in this regard, the most recent of which is the 2015 United Nations Document on Sustainable Development and its 17th goals. The question of this research is that what is the legal relationship between the general document of Resisting Economy and Sustainable Development, in which both of them introduce indicators for progress? , and in other words, what are the similarities and differences between these two documents?

In recent decades, the Middle East has been the scene of armed conflicts between ultra-regional powers and some regional states and non-state actors, such as terrorist groups. During the past decade the use of drones for bombing, assassination, detection and espionage by ultra-regional states has been prevalent under various pretexts in the Middle East region, which has mostly led to the violation of state sovereignty of regional states. This violation of sovereignty has always been legally justified by the ultra-regional governments. The major part of such justifications has been based upon the legal challenges on the rules governing the use of drones. They are, in fact, considered as coverage for illegal activities of these states. These challenges have largely been in line with the interpretation of the provisions against the use of force and self-defense, the rules governing the conflicts and the rules of humanitarian law and fight against terrorism. Therefore, a clear understanding and interpretation of these challenges and resolving them according to international legal rules can provide a realistic picture of the status quo and leads to a more accurate understanding of the international law in this field.