International Police Studies Quarterly
Year:2021 | Volume:12 | Issue:45|Papers Count:9

Field and Aims: On 27th November 2019 the first sentencing decision regarding offences against the administration of justice was confirmed and finalized by the ICC’ s Appeal Chamber judgment. Appropriate sentencing was very controversial; Trial Chamber suspended the imprisonment and determined that the principal perpetrator’ s punishment would be higher than the accessory to the crime. Appeal Chamber reversed the decision and returned to Trial Chamber VII to resentence. In the ICC, the trial chamber may on its own motion or at the request of the Prosecutor or the accused hold a further hearing to hear any evidence or submissions relevant to the sentence. Then it accepts or rejects the submissions of the parties one by one by its detailed reasoning. In this paper it is scrutinized whether it is recommendable for Iranian domestic law to follow the above procedure. Methodology: This paper has used Descriptive-Analytical method by studying legal documents and judgments and analyzing them. Findings and Conclusion: It is found that remanding sentences to the same Trial Chamber for a new substantive determination is in contradiction to legal principles and the provisions of the Rome Statute. Furthermore, it is found that the Appeal Chamber is strictly bound by the explicit wording of the Statute’ s provisions and does not agree with its expansion even if it is in the interests of the convicted person and of justice. The Appeals Chamber pays due attention to individualization of sentences and it deems the solvency as a relevant factor in determining appropriate sentence. In the ICC, the trial chamber may on its own motion or at the request of the Prosecutor or the accused hold a further hearing to hear any evidence or submissions relevant to the sentence. Then it accepts or rejects the submissions of the parties one by one by its detailed reasoning. This procedure is advisable for our domestic law.

Field and Aims: The relationship between privacy and police restrictions on vehicle and cell phone inspections is one of the most important issues in the criminal law of Iran and the United States. However, justifying the preservation of criminal reasons along with maintaining the security of the police in the rule of investigation after the arrest of the accused has made the requirements of the privacy of the accused a secondary priority. The purpose of this study is to investigate the impact of car and cell phone privacy requirements on the rule of physical search after the arrest of the accused in the criminal law of Iran and the United States. Methodology: The present study is based on a descriptive and analytical method and based on library documents and resources. In this regard, the regulations and documents related to the limits and powers of the police in inspecting vehicles and mobile phones in the Iranian and US legal systems have been reviewed. Findings and Results: The spirit of Iran’ s criminal law implies the prohibition of the police in the initial detection of a crime and in the first instance in the investigation of an intangible crime outside the judicial license and unrelated to the crime. However, the United States police, without distinction, inspect the objects seized by the accused immediately after her/his arrest and extends the scope of the inspection without a separate judicial authorization to other possible offenses unrelated to the offense of origin and to the privacy of the vehicle and telephone of the accused. While the conduct of the police as a whole has not been confirmed in the United States jurisprudence, there is no single position on the matter.

Field and Aims: Considering that Commitment in favor of a third party, have numerous examples and it becomes a rule in the new and modern laws of the Western legal system, so this requires a fundamental study to find out a scientific context in the developments of this legal establishment in Iranian law. Accordingly, by studying these issues in the Shia jurisprudence and Iranian legal doctrine, you can find out that commitment in favor of a third party could be a rule not an exception to the principle of privity of contracts and you can see the Wide scope of the capacity status of third-party beneficiary and the different types of acceptance by the third party. Methodology: The author tries by Descriptive-Analytical method to explain the developments of the obligation in favor of a third party in the new law of Western legal systems and their acceptability in Iranian law by studying its history in Iranian law and even show that these concepts in more details have been accepted in Shia jurisprudence. Findings and Conclusion: The undertaking to the prejudice of a third party, undertaking to the act of a third party, and commitment to benefit of a third party are different. On the other hand, in various Shia sources, the validity of the transfer of property and rights and even the peace of disputes in favor of a third-party and the like has been accepted in various instances. Accordingly, it is possible to find out a rule through induction and abolition of specificity. Some examples of Shia jurisprudence indicate the development of the concept of third-party capacity even beyond the new issues of Western legal systems. Also, in Iranian law, the difference between intention in the legal action and legal event can be one of the bases of detailed principles in a third party beneficiary acceptance. Considering the concepts of The undertaking to the prejudice of a third party, undertaking to the act of a third party, and commitment to benefit of a third party and the validity of the transfer of property and rights and even the peace of disputes in favor of a third-party in various cases, in Iranian law and especially in Shia jurisprudence, Commitment to the benefit of a third party can be considered as a rule, and because of these examples, the capacity of the third-party beneficiary extends to the incapacitated person and even can create a commitment to the benefit of a third party that will exist in the future. On the other hand, third party’ s acceptance in cases where we give an offer in benefit of a third party is necessary and in cases where there is not an intention in the legal action; in benefit of a third party The acceptance by a third-party beneficiary is not necessary, and in relinquishing the debt of a third party, there would be no need to third party’ s acceptance finding: The undertaking to the prejudice of a third party, undertaking to the act of a third party, and commitment to benefit of a third party are different. On the other hand, in various Shia sources, the validity of the transfer of property and rights and even the peace of disputes in favor of a third-party and the like has been accepted in various instances. Accordingly, it is possible to find out a rule through induction and abolition of specificity. Some examples of Shia jurisprudence indicate the development of the concept of third-party capacity even beyond the new issues of Western legal systems. Also, in Iranian law, the difference between intention in the legal action and legal event can be one of the bases of detailed principles in a third party beneficiary acceptance.

Field and Aims: Terrorism as an ominous phenomenon that has plagued the international community, especially in the West Asian region, for many years, with irreparable crises and injuries, has become a common pain, not only unleashed but The organization of groups and the emergence of instances of hatred have been far more disgusting than those of ISIS. In line with this qualitative and quantitative development, the actions of various institutions and organizations in the field of counterterrorism are also increasing and evolving, in which interpol activities and capabilities can be Cited as the second largest international organization. Methodology: In this research, the combined library and observation method is used to describe and analyze interpol possibilities such as declarations, bilateral and multilateral police interactions, the formation of regional task forces and cooperation in extradition. Findings and Conclusion: The result, in addition to the need to pay close attention to the organisation’ s unique capabilities in the field of counterterrorism, confirms the neglect of many Interpol opportunities, including other non-red alerts, as well as special and bilateral interactions. The policemen around the world are experts.

Field and Aims: According to the International Atomic Energy Agency, Iran has always been committed to the commitments of the Comprehensive Joint Action Plan (CJAP) to monitor and reduce uranium enrichment. Lack of commitment to the spirit of Joint Comprehensive Plan of Action is the apparent reason for the US withdrawal, which is mainly due to reasons such as Iran’ s political isolation in the Middle East, restrictions on missile programs and perhaps a change of government, the main purpose of the withdrawal, return and intensification of economic sanctions. Therefore, the question is to what extent Iran has adhered to the obligations of Joint Comprehensive Plan of Action and what measures have led to the reduction of Iran’ s obligations? Methodology: This article has been written in a descriptive-analytical method. Findings and Conclusion: The non-adherence of other Joint Comprehensive Plan of Action member countries to the actual lifting of the previous economic-oil sanctions, despite the launch of INSTEX and the expiration of many deadlines by Iran, led to a gradual reduction of Joint Comprehensive Plan of Action obligations in 2019. Conclusion: The reduction of commitments by Iran is not aimed at violating the obligations of Joint Comprehensive Plan of Action, but as a defensive measure and with the aim of maintaining security against the conditions in which the United States seeks to dominate Iran’ s policies and consequently reduce independence in decision-making. Has acted in the national interest. In addition, Iran can use this as a factor in bargaining and gaining concessions and guaranteeing the other side’ s future commitments in possible future negotiations.

Field and Aims: The validity of the previously closed legal cases as a universal principle employed to avoid the reinstatement of cases to the courts and the maintenance of order is a recurring topic within the judicial systems. In contrast, the extrajudicial procedures of conflict resolution such as arbitration, mediation, reconciliation, and negotiation do not follow a unified pattern and the question that is raised in this concept is that do these procedures include the extent of the validity that is offered to a closed legal case or not? The attempt to find the answer to this question, due to the unity of the causes and the flaws that might occur in practice, has resulted in complications in the process of issuing a legal verdict in Iran, while the same provisions have resulted in a decrease to the cases that might be included within this concept in the body of the Common Law because of the impacts of the validity that was extended to these cases. Methodology: The study at hand has been drafted within a descriptive-analytical platform. Findings and Conclusion: The procedures of conflict resolution that occur in a conventional platform, in addition to the fact of being less costly, include a comprehensive scope of matters that can be resolved this way. In contrast, the first step in the resolution of conflicts within the judicial system of Iran is filing a lawsuit in the courts and the aforementioned methods are rarely employed in this case, only to put pressure on the parties involved within the lawsuit. The act of arbitration in the case of multiple conflicts which occur along with a verdict that has been already issued by the court is considered within the realm of the extent of validity that is offered to a closed legal case. While other procedures since they are not impacted by the principles regarding the extent of the validity of the closed legal cases, such as finality of the decisions due to the requirements of its correct execution, are not included within the terms of the validity and their only advantage within the body of the Common Law is that the conflicts are therefore resolved if these procedures are observed and the judicial system is no longer required to invest its resources on these matters.

Field and Aims: One of the new issues that poses a serious threat to the international community is eco-terrorism. Ecotourism involves acts that pose a threat to human life as well as endanger the overall use of natural and cultural resources. Our main question is whether actions against the property of expansionists who intervene in nature can be criminalized as terrorism and ecotourism? Methodology: The present study is descriptive-analytical and has benefited from taking notes tools. Findings and Conclusion: Looking at the formation and development of international environmental law in the last four decades, it is clear that the development of international environmental law has been based more than anything on the needs and necessities of human environment. In response to these needs and requirements, international environmental law has sought to oblige governments to adhere to environmental protection by enacting international laws and regulations. Attempts to criminalize these acts under the heading of terrorism face challenges because the traditional concept of terrorism is different from ecotourism, with the former relying on individuals and the latter on property. However, lawyers have tried to criminalize these actions under the title of terrorism, in an attempt to develop the concept of terrorism. In this study, according to the existing legal rules and regulations regarding the crime of environmental terrorism in international law, ecotourism standards are analyzed, reviewed and developed in the light of international environmental law in order to protect the common heritage of humanity and while expressing the existing legal gaps that can be criminalized by examining modern legal systems such as the United States, which seeks to develop the concept of terrorism.

Field and Aims: Nowadays, the legal solution in order to separate the couple is to refer to the family court, as a result of which, according to the laws in question, the arbitral tribunal is responsible for resolving family disputes. The Family Protection Law adopted in 1391, according to the order of the Holy Sharia of Islam, has made it necessary to refer divorce cases to arbitration. This is a legal obligation in order to create peace and reconciliation between conflicting couples and to support the center of families that are on the verge of disintegration, because maintaining the foundation of the family is very important. And in international documents such as the International Covenant on Civil and Political Rights, the institution of the family is mentioned as a natural and fundamental element of society. Acceptance of arbitration in family affairs is a reason to reduce the entry of family cases into the judiciary, which in itself has accelerated the proceedings with the establishment of arbitration centers, reducing the number of court cases in the family court. Methodology: The present study is descriptive-analytical and has used phishing tools. Findings and Conclusion: One of the issues that is considered today in reducing the rate of divorce and the social harms caused by it and has lost its function in the family justice institution today should be considered the institution of arbitration in divorce. Proper enforcement of arbitration in family court is effective in reducing the divorce rate. Increasing or decreasing the divorce rate is related to the main categories related to the subject of arbitration, in the individual field (arbitrators’ expertise and skills), in the social field (arbitration environment) and in the legal field (pre-trial and late arbitration); That is, the lack of expertise, knowledge and insight of the arbitrators, the tense environment of arbitration in court and the priority of filing a divorce petition over arbitration, have caused the desired results of arbitration between couples to resolve disputes.

Context and Objective: Upstream oil contracts, like any other contract, consist of at least two parties. The parties to the upstream oil contracts consist of a reservoir government or the National Oil Company and the International Oil Company. Each party tries to get the most points and interest from the mentioned contracts; The authors of this article have written this article with the aim of reviewing the legal and contractual supervision of the Iranian government as the owner of the reservoir over international oil companies Research Method: The research method of this article is descriptive-analytical. Findings and Conclusion: Investors or international oil companies try to get the expenses incurred in addition to their expected profit during the contract period, and instead the National Oil Company or the government that owns the reservoir (employer) tries to maintain maintenance production and To prevent serious damage to the oil reservoir, to manage the amount of oil revenues in such a way that the contractor or the international oil company does not have any revenue, and on the other hand, the interests of the country that owns the reservoir are preserved. This concern has caused the model of upstream oil contracts to move from concessions and participation in production to service contracts. In this regard, the employer or the reservoir government shall, in order to preserve the natural resources and monitor the performance and expenditures of the International Oil Company, include supervisors in upstream contracts in its favor. The study of employer supervision in Iranian oil reciprocal sales contracts and new Iranian oil contracts called IPC will lead to a better understanding of the effectiveness of these conditions to protect the country’ s interests. Iran guarantees the interests of Iran.