MODARRES HUMAN SCIENCES
Year:2003 | Volume:7 | Issue:4(Tome 31)|Papers Count:16

One of the most significant events related to the beginning of twenty first century is the trrific evidence of Sep. the 11th of 2001, in which horrible attacks were done against economical, political and military center of the U.S.A. Many people stated this event as a new born beginning in the world records. Considering different dimension of this evidence and reactions of other governments around the world, the U.S.A. attacked Afghanistan in order to perish causes of destroying the twin towers and the Pentagon under the name of "Battle against the terrorism".As a result, Taliban system in Afghanistan perished but with the new configuration of Afghanistan government, the rumor of U.S.A. military operation toward Iraq, Somali and Yemen spread more. The evidence of the Sep. the 11th of 2001 from the International Criminal Law point of view as International Terrorism is am instamce of an International governmental Crime which means a threat against International peace and security. Against such criminal activities, U.N. Security Council can use the mentioned authorities in the 7th part of the U.N. Charter, actions on 41 and 42 Articles, with subject of applying to the punitive sanctions. In case of no application on behalf of Security Council, according to the 51 Article of the U.N. Charter, victim Government can use its own rights of defence and Counter armed attacks according to legal points of self-defence.

According to the 15th article of "Islamic consultative assemblies institutions, responsibilitits, and elections" law, the absolute majority of the audience votes is a bases of credit of the Islomic consultative assemblies decisions, whereas the legislator has not presented any preise ecisions, definition for "absolute majority" in this law. In the famous persian lexicons and the dictionaries of law, "half (of total number of audiences votes) plus one" has been presented, in a full agreements,as the definition of the absolute majority, whereas in some of the laws, this majority has beem interpreted as "more than half of the total number of audiences votes". The paralles of these definitions, without alluding to the term of "absolute majority", have been mentioned in the commercial Reform Bill, which is ratified in 1347. But, none of these definitions, because of the discrepancy of their description or the legislators silence, obviateel the problm of the consultative assemblies institutions or the associations which were formed with an odd number. Therefore, always there have been disagreement between the members of the consultative assemblies and the executors,in quorum valiadlity. In other words, this question still remains that in the case of the legislators silence about the definitio of the absolute majority according to his/her lexical definition (half plus one) or when the legislator has defined his majoritY as the same purport (half plus one), what is the whole number and which the decimal number (which is caused by applying the mentioned definition) must berounded? The next highest or lowest whole number? While crtitcizing the notions of propotrional and special majority,this article has proceeded to analyze the effects and the results which have been caused by each of the two definitions of the absolute majority, among the groups and the consultative assemblies which are form ed with odd or even number. Finally it has inferred that the absolute majority has only one definition and it is nothing except: "more than half of the total number of audience.

The necessity to protect to parliament and its members led to determine and assure a particular privilege named parliamentary immunity in the Constitutions or ordinary laws of majority of the countries. This legal institution has been predicted to provide freedom of speech and to maintain the independence of representatives (members of parliament) in order to do their duty farorably. To define and justify the necessity of it, different theories Iike "good service theory" and "the prestige of representatives legal personality" have been introduced. In this regard, "Doctrine of Necessity" is presented as the most important theoretical basis. The legal supports which observe the parliamentary immunity, can be generally studied in two categories with distinct descriptions and effects. First, it demonstrates the benefits and utilization of immunity by the representatives for their statements, opinions, and the cast of votes in order to do their duty as repres entative, which idiomatically is called "the principle of non-liability". Second, it supports the members of parliament against legal proceedings, arrest, imprisonment and the rest judicial measures, except by the permission and allowance of the respective parliament, because of irrelevant exercises and non - parliamentary duties and prevents the possibility of immediate prosecution of MPs because of the attributed crimes. This kind of immunity which is practically is the logical consiquence of the non-liability principle of representatives before their parliamentary duties, is named "the principle of inviolability". The stand of every country of the world in relation to the various forms of parliamentary immunity is a little bit different. In some countries, one of these two forms and in others, both of them are accepted to guarantee the whole immunity of MPs. Respectively, the first approach is called solo and the second one is called integrative. In Iran, the first approach depended on the non-liability of representatives because of their statements has been accepted in Art: 86 of the Constitution. The accuracy of this acceptance is approvable from the dynamic Fiqhs point of view and the expediencies and existing necessities require to go along with the rest of countries which accepted the principle of parliamentary immunity.

Transnational organized crime is one of the most problematic matters for international communityin 21st century.These crimes are committed by organized criminal groups consisting of three or more persons, a unique leadership and strict descipline with cruel sanctions in order to obtain, directly or indirectly,a financial or other material benefit.Illicit manufacturing of and trafficking in firearms is one of the most dangerous activities of these groups. The United Nations, acting on behalf of international community, elaborated an international document named "United Nations Convention against Transnational Organized Crime" with two protocols. These documents were opened for signature of states in 2000. The third protocol named "Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime" was approved by the General Assembly in 2001. The protocol is analyzed as the most comprehensive international document in the matter. Under the protocol, states parties are obliged to consider trafficking in firearms as a crime, to assist technically and educationaly, to exchange information, to keep records of and mark firearms, to supervise on brokering of firearms and confiscation of unlawful firearms. The purpose of this protocol is coordination of states national laws and encouragement of states to cooperation. It is based on preventive measures. Since its ratification would create good opportunities to Iran in combating this organized crime, it is recommedable to Iran.

In this article the issue of monitoring public election has been examined form the view point of the right to self-determination. Analyzing moral foundations of individuals right to participate in public election as a manifestation of the right to self - determination in social life, the right to elect and the right to be elected have been considered as two sides of a coin. Moral and legal restrictions of these two rights also have been discussed in this article. Distinguishing between "being right and having right", it is argued that in the "level of being right" Quranic teachings recognize "the right to be wrong. as a basic moral right. of all the above theoretical framework, the necessIty of a guaranteed monitoring system rather than a restricted one (i.e.,a monitor that restricts the right to vote). Is suggested A justified monitoring system, therefore, is the one according to which the right of individuals to determine their own social affairs via public election is institutionally guaranteed.

Check is, as a commercial instrument, a means of payment and it is payable on demand. The stated date in the check is the date of issuance although it is very usual in economic relations to draw the postdated checks. If the postdated check is endorsed and the holder wants, to draw it and the check on presentment is not paid, to sue the endorser, he must exercise his right of recourse against the endorser, He has to demand the payment in due time at the drawee bank. In accordance with the principles and the rules governing commercial instruments (documents) and the appearance theory and jurisprudence, the date from which the draw time begins, shall be the date stated on the check as the date of issuance although it is not the actual date of issuance.

Since the adoption of U.N. charter in 1945 and later Universal Declaration of Human Rights in 1948, U.N. organization continuously compiled a set of international human Rights instruments.With Universal acceptance, discussion around the human Rights norms in 1945 changed to legal obligations of states in international community. Although it is believed that the first and most important way for implement ation of international Human Rights instruments is national support of them, in all over the world it is emphasized on the necessity of strengthening U.N.Human Rights mechanism for better and effective support of rights.U.N. mechanism are two parts: charter based and treaty based orgams which their effectiveness relates to different factors. Structure,U.N. overall capacity and political interest are among them. Main purpose of this paper is to consider the two set of mechanism with special attention to U.N. Human Rights Commission and 6 treaty bodies, and also to evaluate their effectiveness and challenge.

Under Art. 99 of Constitional Law, The supervision on election is construed a duty of the Guardian Council (Shoraye Negahban). In order to prevent the influence of executors and to guarantee a safe efection, it is obvious that there should be some sort of supervision. The first condition to reach this aim is that the members of the Guardian council should not have an effective relationship to political factions and groups,and the rule of prohibition of membership in the Council with the other executive duties must be observed. In this article, by investigating the «expedient supervision» and «supervision for taking in formation»,while considering the quality of the supervision, it is concluded that the superintendence of the Guardian Council is disciplinary so that the Council as an impartial observator by comparing the volunteers identification with the legal conditions anel by sepervising the course of election could guarantee a legal and free election.