PUBLIC LAW STUDIES QUARTERLY
Year:2019 | Volume:48 | Issue:4 |Papers Count:12

In the place of legal positivism in the international community in the wind, it seems that the international community, a community of states where "human being" has no dignity. But philosophers and sociologists with an overview of "rights" to the "social reality" seen and be more reflections outer Rights has noted, in that people in the international system has no place with legal positivism, classical complicit and they believe that "government" with cords around human rights bodies intertwined, he has made an absolute slave. According to legal positivism, "the government" even in those cases where the international community of citizen self- protection, before "person" and so bound and he only under certain circumstances can call for support and thus the ask the state government for the injustice that has been inflicted on him, her or defend its interests.

Judicial review on discretionary power is among the important issue in administrative law that principle of proportionality is application in this. The aim of this research was to study the principle of proportionality in judicial review on discretionary power. Understanding and defining this principle is an important aid to Iranian lawyers. Research methods this article, is a library. The principle of proportionality as structured test invoked when a legal measure under scrutiny harms or restricts a valuable interest. Achieving a proportionality or balance between the legal measure and the legal aim is often thought to be the essence of the principle of proportionality. Substantive of rule of law and enact human right 1998 become Executive back ground principle of proportionality in English administrative law.

During several recent decades and in parallel with ascending trend of terroristic actions at international level, the necessity for taking anti-terrorist reactions was perceived and international conventions and treaties were concluded and approved. These measures have been referred to requirement of governments for domestic assumption of crime, competency of national criminal courts, and prediction of measures to prevent from terroristic actions. Actions committed by the so-called ISIS group reflect that its threatening nature to peace and international security originates from principle of terrorism as a threat to peace and international security. Thus, identifying of nature of this group, criminal and legislative policy of UN, particularly in Security Council in assuming the perpetrated measures as crimes has been examined and method of prosecution and addressing actions done by excommunicated terrorist ISIS group by International Court of Justice is the objective for the present essay.

One of the most essential challenges in Tehran could be seen in centralization which has roots in legal- political structure as well as in the thoughts of the governing group. The main reason of high density in Tehran is the political- administrative centralization in political- administrative affairs which has gone out of hand; infact, without any centralization, there will be no density either. Legal delocalization of Tehran City contains legislation capacity rather than mere passing of executive rules. There search is descriptive- analytical in methodology; an dis applied in purpose. The main question with respect to current investigation is: what are the basic causes of fail to fulfill the de localisation in legal- administration? The main hypothesis of the current thesis, in which is aligned to search for the main reasons of de localisation coming true in Tehran, might be cited in for key statements: A- the vast and focused legal- administration in capital in capital; B- Authoritarianism of ruling authorities and penetration of center- based political culture in their minds. C- the restrictive interpretation of Guardian council to qualification circle of ethnic offices; D- non- attempt status with regard to de localisation concepts. By analyzing the topic we conclude the possibility of legal- administrative of de localization of tehran The necessary issue for attracting attention of officials of central government for transferring affairs to local councils and non- governmental sectors, is balancing the interpretation of Guardian Council toward related principles with qualifications of local departments (for qualification of decision making and executing councils for qualification of these associations for balanced development of Iran as basic principle for obtaining to legal- administrative de localisation from Tehran) and executing related rules in the field of de localisation including: Spatial planning, E-government, government downsizing by related organizations.

The rule of States in international law refers to a dual situation; on one hand, the classic teachings of the international law about the Law of Treaties such as commitment to international treaties and the sovereignty of law by granting unconditional freedoms to States are conflict in maintaining of the national interests and the other hand, in critical and certain situations and also for the nature of some of the international treaties consequently must be considered authorities for States with preservation of essential interests of them. To solve this dual condition and reconciliation between international cooperation and unilateralism of the States, a condition named "Limiting Clauses" were accepted in international law. these clauses, creates the mechanism though that helps to the participation of States in expanding the legal order and the pact of international treaties, predicts authority and the practical freedom for released of the States from international commitments when that the State Insert to exposed a super danger.

Human dignity as basis of Human rights is one of important subjects in international and public law. This article with an emphasis on Allameh Tabatabaee’s thought, deals concept and factors of human dignity by using text-based data analysis and interpretation and contextual methods by study his books. As a conclusion human dignity is defined to the dignity that was with human creation and related to the humanity that all people have got it potentially. Human dignity with this definition is recognized with 9 factors on Allameh Tabatabaee’s thought. The first one is "The inherent integrity of existence", then "excellent human creation", "situation of Human for other human beings", "Fitrah", "intellect", "science", "choice".

The main aim of terrorist attacks is creating immediate horror which attracted attentions to the necessity of the prevention and confrontation of this Phenomena after World War II. The main reasons for those attacks are continuation of colonization, exploitation and independency. Most of terrorist attacks before 9.11 was in the form of "hijacking, bombing, vandalism, kidnapping, assassination" for protesting the ruling system. The ISIS is a terrorist group as their main aim is creating horror and security council in resolution 2249 (2015) expressly recognized this. The aim of this paper is answering this question by applying analytic -descriptive method of research, that what is the role of states and International governmental and non- governmental organization specially United Nation (UN) and amnesty international and human right watch for prevention and confrontation of (ISIS)? As international peace and security as well as civilian’s life and freedom are in danger and friendly relation- ship of states are undermined by (ISIS), all of these international entities can demand that security council not only to determine any threat or breach of international peace and security and take the measures which are necessary, but also ask the international criminal court to put the (ISIS) criminals on trial.

Given specific legal regime of the Exclusive Economic zone which is prone to disputes in itself, some mechanisms have been devised for settlement of these disputes in the 1982 law of the sea convention. However, in the years after adoption of the convention, because of being imprecise and ambiguous, these mechanisms have been proved inefficient, in a way that if concepts mentioned in them remain undefined, it can be said that there is no difference in their existence. Maybe it is the reason for judicial bodies including the ITLOS tribunal, not being interested in these mechanisms at all. In this article, after examining the setbacks and flaws of the mechanisms in general, we head toward analyzing specifically two common and different in nature disputes, arising in the exclusive economic zone, namely, military activities and offshore bunkering. In view of these two, we are going to give some suggestions about solving all disputes which arise out of this zone.

Presenting technical shortages of water at Zayanderoodsin, this paper demonstrates legal challenges of water and background possession of water at this basin. Research shows that by raising technical problems of providing water and its shortage, the established order upon Sheikh Bahaei's scroll and legal arguments on water ownership and government role in management of water becomes more serious. Some people believe that Zayanderood is a kind of public property without paying attention to the right-holders and buyers allowing the government to do whatever it whets. This article deals with analysis of legal dimensions of water ownership at this basin and its influences on justice on development, personal possession, society economics, general arrangement, rights to get water and explanation of interference role of government at controlling the water issues. This article is written from human rights perspective on international resources of water, internal laws, valid sources, definition of jurisprudential sources and State ownership and examination of Sheikh Bahaei's scroll, announce public management of Zayanderood as the government territory but announce that the ownership of natural Zayanderood and joining water of the first tunnel of Koohrang belongs to the right-holders people and buyers and discharge it from public fund.

In response to global warming and climate change, the international community has taken a variety of actions, most notably the conclusion of the UN Framework Convention on Climate Change and its subsequent protocols. The most recent document, which has been agreed under the Framework Convention on Climate Change is the Paris Agreement. The Paris agreement, although formulated as a separate treaty, is part of the Framework Convention on Climate Change. Accession to this agreement for the Government of the Islamic Republic of Iran as one of the members of the Framework Convention on Climate Change will have significant legal and economic effects and consequences. This paper examines the nature of the Paris Agreement and legal consequences of the accession of the Islamic Republic of Iran from the perspective of international law. In this paper, the text of the agreement is dealt with and in particular certain obligations on Member States will be discussed. Furthermore, the monitoring and compliance mechanism required by the Paris Agreement and its enforcement will be elaborated.

In the early 1980s, it became clear to the aviation community that the current air navigation systems and their ability to cope with international air traffic growth were not efficient enough to keep up with the existing civil aviation demands. ICAO, whose major task has been to set the basic international standards in the area of civil aviation, thus realized that Global Navigation Satellite Systems (GNSS) can solve these problems. Satellites are the most significant element of the GNSS and, thus outer space will become very important to civil aviation in the future. This technical development will not only affect avionics but will also influence the structure and content of the legal regulation. This paper attempts to discuss some legal and political chalanges relating to GNSS such as Universal Accessibility, Sovereignty of States and Continuity and Quality of Services.

Human Rights is a transnational and transgovermental value and it is a rational discourse that prevails to most social and political negotiations at The present time but it has still Serious rivals called sovereignty and culture (national values and traditions).The truth is that Human rights challenged them And it derives from the rational element of "transnational human rights'. this article paid to, the transnational human rights values in the "nature" and "documents" human rights for solving this challenge naturally and Its purpose is based on achieving a peaceful coexistence with the Victory of human rights on domestic sovereignty and antihuman culture. This article is based on the assumption that "the sovereignties and cultures that are challenged with human rights are limited every day". Which for Explanation the purpose the paper examines national cultures and the rule of States with regard to this topic.