PUBLIC LAW STUDIES QUARTERLY
Year:2015 | Volume:45 | Issue:1|Papers Count:8

Under the Vienna Convention on the Law of Treaties, when interpreting a treaty there shall be taken into account any subsequent practice in the application of the treaty which establishes the agreement of the Parties regarding its interpretation. A large number of treaties have reached certain age and they need to be adapted to the current situation. One way to that end is to interpret the treaties by means of the subsequent practice of the parties. In recent years, International Law Commission has paid particular attention to this topic and various international tribunals have resorted to the subsequent practice in order to interpret the treaties. In its Judgment of 5 December of 2011 in the “Application of the Interim Accord of 13 September 1995” case, the International Court of Justice addressed the question of subsequent practice and its role in the interpretation of treaties. The present article examines the compatibility of the said judgment with both the 1969 Vienna Convention and the previous case-law of the Court.

One central issue in philosophy of law is "respect to law": what arguments can be given, under normal circumstances, to justify obeying the law and conversely, are there any circumstances under which we are morally justified in disobeying? Typically, the reading of Plato’s views includes an authoritarian and unquestionable obedience to law which are deprived of reasonable foundation. In this essay the author criticizes cited interpretations and will try to investigate the authority of law from a virtue ethical perspective. In this recent view, citizens obey the law simply because it helps them to gain moral virtues. In those cases which citizens can’t construct a dialogue with law, they have civil disobedience option.

International law is produce of sovereignties and in a real sense, of agreements among states. But it has nowadays been asserted humanity and laws and rights belong it, has reached to a level that we can say of humanity of international law. In other words, it has been spread in every areas of international law such as international humanitarian law, international criminal law, diplomatic and consular law, international environmental law and etc. Therefore, the possibility of conflict between norms and rules of international law is visible in some legal regimes and branches of it and in a wider scope in international legal order. In this regard, what is controversial in contemporary era of enforcement of international law is conflict and contrast between state immunity and jus cogens norms. This would be seen a discussion between value and reality. Hence, the paper will seek on this point and also contemporary transformations regarding these norms.

Legislative Supervision under Articles 85 and 138 of the constitution, the President (Speaker) of the Parliament granted the approval of the Council of Ministers, along with the notification to the device must inform the Chairman of the Parliament. Significant importance in this respect is the authority of the Speaker and the decisions of the monitoring mechanism of this kind. The most important question is voiding the approval after legal deadline, if it is criticized by the Speaker and there is no amendment by the Council of Ministers? This paper attempts to explore, describe and analyze the scope and manner of monitoring is determined to be a useful step for future legislation and regulations in this field.

Hugo Grotius has been called by many, the father of international law. His treatise on "the Law of War and Peace; De Jure Belli ac Pacis" is said to contain a general theory of international law. This paper aims at reviewing Grotius' ideas on the relationship between natural law and positive law, war and ethics, as well as human will and natural justice. His perspectives in both "jus ad bellum" and "jus in bello" may at first sight seem obsolete, with no practical uses at the present time. However, the fact is that they have had a major role in the evolution of the philosophy of law. Furthermore, with the increasing relevance of human rights in international law, particularly in the last half a century, natural law and ethics are gaining a new stance in the system. Studying Grotius' ideas in the context of the circumstances prevailing in his time, we can dismiss much of the criticism made against what he rendered lawful belligerent rights, through the concept of "permission". Taking this approach, we can even track down the early traces of "universal jurisdiction" in his writings.

Allameh Tabatabai such great Islamic scholars who Etebarian theory, a great development in the field of epistemology created on different areas of the humanities, especially, public law had a significant impact. He discuss social Etebarian to explore concepts and issues in the field of that deals with such elements are public rights and somehow look reflects Tabatabai political system and governance structure are. Etebarian here is the concepts that are being made in the field of human society, politics and the discussion of practical wisdom. The fundamental question that this paper is based on the axis according to the theory, Tabatabai Etebarian his opinion about the legal system-and what political model of governance, he approved the is.

Article 76 of the Law of the Sea Convention is one of the longest and most complicated articles of this Convention. The said article contains a set substantive and procedural provisions regarding the determination of the outer limits of the continental shelf. The basis of entitlement to the continental shelf is distance from the coast or natural prolongation. On the basis of the distance criterion, to a distance of 200 nautical miles from the baseline of the territorial sea, each coastal state is entitled to a continental shelf which is termed inner continental shelf. But according to the natural prolongation criterion, if the outer edge of the continental margin extends beyond 200 nautical miles then the continental shelf continues to the outer edge of the continental margin which is termed outer continental shelf. In order to determine the outer limits of the outer continental shelf, article 76 provides a series of scientific and technical criteria. Application of these criteria is supervised by the United Nations Commission on the Limits of the Continental Shelf.

Financial crisis the first signs of which started to spark off in 2005 at the residential property market of the United States and continued to grow at the various parts of the west European Economy in 2008 altered the economic face of the whole world and hasn't been receded until this moment. Despite the fact that states concerted attempts via inter-state cooperation as well as international organizations such as the World Bank, International Monetary Fund (IMF) and performing concrete programs like the latter's "Financial Sector Assessment Program (FSAP) " to hinder the progressive expansion process of the crisis, it spread gradually throughout the global markets and forced governments to devise national economic measures in parallel with the international steps. Carrying out these plans unconcerned about international obligations and need for prompt action against the crisis leaded to a series of damages incurred by various subjects of the international investment law including international investor individuals and corporations. Current article intends following identification, tracing back and classification of anti-crisis states measures, to summarily compare international trade law dispute settlement mechanisms with their newish rival in international investment law, scrutinize the means of taking legal action against and compensation for these measures in investment dispute settlement tribunals, to compare them with each other, extract their basic elements and ultimately analyze correlations thereof.