حقوقی بین المللی
سال:1393 | دوره:- | شماره:51 |تعداد مقالات:10

United Nations Convention on Contracts for the International Sale of Goods (CISG) deals with the subject matter of conformity of the goods with the contract from two perspectives: physical and legal conformity. Rules regarding physical conformity of the goods with the contract have been set forth in articles 35-37 of the CISG. Articles 41 through 43 encompass rules pertinent to legal conformity of the goods with the contract. Physical conformity of the goods with the contract comprises delivery of goods that is of the quantity, quality, and description required by the contract and which is contained or packaged in the manner required by the contract. In addition, the convention has set out some default rules that are applicable in situations in which the parties are silent as to the quality of the goods. The present article is an attempt to scrutinize instances of physical non-conformity and remedies resulting from such noncompliance. In so doing, special attention has been devoted to the recent literature and jurisprudence.

The Trial Chamber of the Court was convinced by the representatives of victims of Lubanga’s alleged crimes to change the existing charges against him under the permission of Regulation 55 of the Regulations of the Court in order to accord with new charges. However, the Appeals Chamber of the Court declared this practice as in conflict with articles 74 (2) and 61 (9) of the Rome Statute and overturned the verdict seeking to change the charges.Reaffirming the principle of separation of authorities, the Appeals Chamber defined the amendment of charges as within Prosecutor’s authorities and necessitated the observance of fair trial requirements. The judges of the Appeals Chamber argued that Regulation 55 is not considered as a permission to change the existing charges of the accused. They also declared the said Regulation incomplete in the content thereof for neglecting the requirements of a fair trial.

A part of criminal law, in every legal system, consists of grounds for excluding criminal responsibility. Although the legislature has recognized some conducts as criminal, in some special cases and under special grounds, the perpetrator is not regarded criminally responsible. International criminal law, as a recent legal system, has addressed the issue of grounds for excluding criminal responsibility. This article deals with the grounds for excluding criminal responsibility including mental incapacity, intoxication, mistake (of law and of fact) and duress or necessity within the framework of the Statute of the International Criminal Court (ICC).