Legal Research
Year:2020 | Volume:23 | Issue:89|Papers Count:16

International Court of Justice can judge an Contentious Claim in his Chamber and with fewer Judges of those of the Court at the Request of the Parties of Dispute. According to Statute and Rules of International Court of Justice, it is possible to Create three types of Chambers in ICJ that Distinctions are Visible between their Functions in spite of Items of Numerous Likeness. so far, this Chambers have Welcomed from Referring States to ICJ. After Explicating and Describing of types of Chamber of ICJ, Relation and Distinction of those with the ICJ and Consideration of Advantages such as Acceleration of Proceedings, Reduction in Costs, Wide Discretion of the Parties of Dispute in relation with the Composition of the Chamber, and Challenges such as Creation of Fragmentation, Activity of non-member Judges of ICJ in Chamber, the Negative Impact of Work Pressure on the Judges that are Simultaneous member of Chamber and ICJ, this Article is to Responses this question whether Resorting of parties of Dispute to Chamber of ICJ have Advantages over Resorting to ICJ for them.

The doctrine of “ Joint Criminal Enterprise” is considered as a controversial form of criminal responsibility in international criminal law. This doctrine has been formed and developed in the light of the case law of the International Criminal Tribunal for the former Yugoslavia (ICTY) and has frequently been emphasized by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). On the other hand, in the Iranian criminal law, “ Leadership of Criminal Group” is one of the innovations of Islamic Penal Code approved in 2013 reflected in its Article 130. In this article, the most important similarities and differences between these two legal institutions – the former being derived from international criminal law and the latter based on the Iranian criminal law-are discussed, and certain suggestions have been given to improve the Iranian law in this regard. Keywords: Joint Criminal Enterprise, Criminal Group, Leadership, Co-perpetration, Aiding and Abetting.

In spite of the fact that the possibility of dissolving the surrogacy contract is essentially doubtful, we are pursuing the current research, assuming that such an option has been provided. The effects of the dissolving the surrogacy contract differ according to the cases of dissolution and different embryonic stages. For example, it can be said that based on the embryo what kind of nature has in each step, and whether if it would be effective in the effects of dissolution and responsibilities borne by each of the parties to the contract. Therefore, in explaining the subject of research, after compliance the effects of dissolution with the general rules of contracts, the extent of their following to each of the embryonic stages of the general rules should be examined, in this way, while organizing the relations of the parties to the contract, each party identifies the responsibilities they are facing. In this research by the analytic-descriptive approach, we conclude that the effects of dissolving the surrogacy contract at each stage of the embryo are greatly adapted to the general rules of the contracts, but its follow-up in the stage of post-embryo transfer would be more limited before embryo transfer. Because, due to the relation between dissolution of the mentioned contract and abortion after the transfer to the womb, the return of the transmitted embryo to the womb as one of the effects of this contract, in contrast to the pre-embryo transfer stage, is essentially discarded.

According to one of the accepted principles of criminal law, the principle of the coincidence of the material and mental element, the mere existence of these two does not suffice for the fulfillment of the crimes that require both elements, but their coincidence is also necessary. On the other hand, the logic is scientific that keeps ideas from falling into error by providing a proper definition of surrounding concepts. The purpose of this article is to examine the concept of the coincidence between elements in some of the logical ideas presented by the elders to determine which of them provides a better concept than coincidence for lawmaking. It helps to protect the realities and social interests while protecting the basic principles of criminal law and the penal system would be better achieved with its supreme goal of justice. Thus, in this article, first, some logical ideas are expressed and then the concept of coincidence is considered from the perspective of these logical ideas. Finally, it becomes clear what logical thought, with its definition of the concept of coincidence, provides context to supply community interests and criminal justice.

In the world today, benefits of comparative law are not limited to the legislature. While interpreting laws, judges also make use of comparative law. Recourse to foreign law, sometimes, constitutes the main reason for court's decision when a rule of domestic law is obscure and requires interpretation. Judicial reference to foreign law, in this sense, is studied under the title of "judicial transplants", which is a complex and recent topic in the field of comparative law. In the legal literature of Iran, studying judicial transplants, as well as their dimensions and conditions, is unprecedented. In this article, the authors try to introduce judicial transplants in the field of private law in common law, civil law and the legal system of Iran through an analytical, comparative and case study approach. This study shows that judicial transplants in common law (except in the case of the United States) are more frequent and vivid as compared to civil law. However, in recent years, there have also been significant developments in favor of judicial transplants in civil law countries. Study of judicial transplants in the legal system of Iran suggests that, considering the Constitution and national laws of the country, it is possible for Iranian judges, under special circumstances, to refer to foreign rules and possibly transplant them in conducting judicial interpretation. Thus, in the remainder of this study, some examples of judicial transplants in Iran are identified and investigated.

The protection of the Caspian Sea environment as a common need of the Caspian littoral states is in the agenda of regional conventions and negotiations. Therefore, it is necessary to look at the new pillars of the development of the modern principles of international environmental law, such as precautionary principle, for decision-making and implementation in the field of protecting the Caspian Sea environment. It should be acknowledged that the protection of the Caspian Sea environment in the framework of the precautionary principle and a reasonable attention to harmful effects caused by non-compliance with this principle has a very effective role in protecting this water domain. Therefore, this research attempts to explain the importance of the precautionary principle in existing legal documents on the protection of the Caspian Sea environment as well as to determine the importance of this important environmental principle in development activities and the need to assess the environmental consequences of these activities in the Caspian region and within the framework of the precautionary principle, and to elaborate the obstacles in front of this principle and that the precautionary principle is precisely defined within the framework of environmental considerations for protecting the Caspian Sea environment.

In the Islamic Republic of Iran, as a democratic system, the legislation is carried out by the elected people's parliament. However, in very important cases, the parliament can relinquish certain matters related to its competence to a referendum. But, due to the religiousness of the government, there is a special supervision of sharia on the parliamentary decision and referendum that limits the scope of the people's decisions to the contrary than the licit democracies, and on the other hand, like other modern systems, the necessity of constitutional justice and problem of contrast of rules with the Constitution are also issued. In this article, the quality of the reference to the referendum and its constraints in the Islamic Republic of Iran as a religious democracy is studied, and its claim is that the form and content of the referendum in Article 59 of the Constitution in the area of religious law has the same limitations with the legislation of the Islamic Consultative Assembly, but in the other aspect, means the constitutional framework, some doubts can be raised.

There is a relation between Self-Determination right and democracy international law, as a supportive principle that protects human rights. This relation is a complicated and multi-lateral one because of the large diversity of human rights. Civil and politic rights are inseparable and necessary parts of the concept of democracy, so politic and civil self – determination will be provided within the framework of a democratic government structure. The relation between social and economic self – determination and democracy is not inseparable, like that for civil and politic self – determination. Because of having a role in actualizing civil and politic rights, economic and social rights are directly included in the range of democracy concept. So self-determination and social and economic development are provided within the framework of a democracy government as a necessary pre – requisite for political and civil self – determination. People of cultural communities, while whose distinct culture is recognized and respected in legislative, administrative and … institutions, are considered to have the same and non-distinct politic, civil, economic, social and cultural rights as the citizens of that society. They are regarded as the members of cultural communities who should have distinct culture rights

Precautionary principle requires that, states should refrain from any activity that harms human health, natural resources or ecosystem. The absence of scientific certainty does not justify delaying appropriate measures. The precautionary principle has three components: significant or serious danger, scientific uncertainty and precautionary action. The implementation of this principle in oil contracts occurs when host states, in the face of significant or serious risks, take precautionary measures such as the environmental impact assessments, suspensions, re-zoning, cancellation of permit or termination of contracts. In Mamidoil v. Albania, host state prohibition on investment activities was not considered as indirect expropriation due to the risks of constructing oil tankers nearby residentental zone. But on the contrary in Burlington v. Ecuador, the arbitral tribunal considered termination of the deal and taking possession of the oil blocks as illegal expropriation. This paper examines the views of international investment arbitration on two oil disputes related to the precautionary principle and tries to find the reasons for rejecting or accepting precautionary measures and violation of investor's rights.

The most significant expression of the state's commitment to the right to health can be found in Article 12 of the International Covenant on Economic, Social and Cultural Rights that Recognizing the benefits of the highest standard of physical and mental health. However, the term of "right to health" does not precisely mean normal health, but it refers to a variety of facilities and services that states are committed to it in accordance with international treaties and humans have the capability to enjoy and benefit from it. It should be noted that the Third Committee of the United Nations General Assembly, in writing article 12 of the Covenant, did not accept the definition of health to "the state of complete physical, psychological and social well-being, and not merely the absence of disease or disability" in the introduction of the Constitution of the World Health Organization. However, the first paragraph of Article 12 of the Covenant does not restrict the right to health care to the highest level of physical and mental health. On the contrary, the editorial history and explicit terms of this article acknowledge that the right to health includes a wide range of social and economic factors that predict a situation in which people can live healthy and have effective factors that they have access to health, such as safe water, adequate nutrition, adequate housing, and public and professional health.

AbstracePrevalence of bribery is the one of the major problems of international trade. Nowadays, bribery has dominated commercial activities and affected its various aspects. It is necessary to combat bribery spread and its adverse effect in domestic and international arena. Enactment of "Foreign Corrupt Practices Act" by United States in 1977 is the first serious action in this regard. United States is the first country has enacted comprehensive act to encounter bribery in domestic and international arena. With enactment of "bribery act" in 2010, England obviated the weakness of its antibribery laws and could encounter bribery effectively. These acts are too important and most of the multinational corporations plan to respect their provisions. prosecution authorities of these countries prosecute most of the domestic and foreign persons and companies due to breach of these acts. The present research aims to study these acts and discover way of encounter bribery in international trade through their provisions.

Jalal Al-Ahmad is a well-known and influential writer in contemporary Iranian literature, especially short stories, and has demonstrated his expertise in travel and monographs as well as in research and translation. In his stories, especially The School Principal, he has tried to present the realities of social life with a critical view, not sacrificing reality and expression in artistic imagery. The main question of the present study is whether Jalal Al-Ahmad has paid attention to the victimization and its causes in the story of the school principal with regard to his special view on the educational system and childhood. Looking at the story of the school principal from the perspective of content analysis, the social, cultural and economic situation of most families has been poor and this has led families to focus less on children. Al-Ahmed considers the impact of this issue on child abuse to be significant. He refers to physical victimization as the most common form of victimization in this story, but nevertheless provides more detailed explanations of sexual victimization. His causal perspective has enabled us to examine the story of the school principal in Theoretical Victim Theory.

The Comparative Analysis on Aspects of Leniency Program Enforcement in Anticompetitive Cartels Sphere Leniency Program as a means of detecting and cracking cartel activities has some considerable interests which can provide Competition authorities with a proper chance for eliminating anti competition activities in cartel sphere. Leniency Program, with its lure of leniency in exchange for self reporting and full cooperation, has been increasingly used and has proved its efficiency. Having clarified the notion and domain of leniency program, this paper in comparative study, is going to analyzing its important aspects and enforcement conditions regarding different approaches of legal systems and decisions made by competition authorities and their procedures. The results indicate that Iranian competition law which has ignored such efficient plan should address this deficiency and make some serious modifications. Key words: Leniency Program, Amnesty program, Competition remedies, Competition law, Cartel, Commercial lawThe Comparative Analysis on Aspects of Leniency Program Enforcement in Anticompetitive Cartels.

With due attention to importance of interdisciplinary studies in public law, this paper has analyzed Communitarianism doctrine and it's effects on public law order. Communitarianism as a new Aristotelian and contemporary doctrine with criticize the liberalism and it's ideas in ethics, politics and law, is pursuing reform some defects in liberal societies and present a new plan. Emphasis on social identity of human, non-separation between "fact" and "value", human inability in individual discernment of the good and the necessity of revival virtue ethics, are the fundamental ideas of Communitarianism. Communitarian philosophers with following the Plato and Aristotle thought about ethical and training responsibility of government, defend from government or other social structures such as Community in assessment about citizen's life style. The conclusion of this paper demonstrates that acceptance the Communitarianism doctrine in the constitution and public law system, have effects such as perfectionism, preference the "order" on "right" and native human rights.

Gain-based damages, as a new and exceptional criterion for assessing damages, is placed against loss-based (or compensatory) damages. Rather than focusing on the losses suffered by the aggrieved party as a result of breach, this criterion places emphasis on the profits derived from breach by the breaching party. The most salient question in relation to this criterion is whether such a focus on the benefits derived from breach could constitute a valid basis for the assessment of damages in cases of breach of contract; and if so, whether such a criterion could be acceptable in the Iranian legal system. Emplying an analytical approach, this article attempts to answer these questions. Based on the findings of this research, it is submitted that first, bearing in mind the legal and economic aspects of the issue, accommodating such a criterion in a legal system is a must in any comprehensive regime for contractual liability to compensate for damages. Second, there does not seem to be a significant barrier for accepting this criterion in Iranian legal system, particularly given the fact that, based on Article 3 of the 1960 Law on Civil Liability, determining the amount of damages and the manner of compensation is at the judicial discretion of a judge.