Legal Research
Year:2010 | Volume:- | Issue:50|Papers Count:23

The right to a healthy environment is a human right. This right is not only one of the most prominent examples of solidarity rights and categorized at the third generation of human rights, but also an essential element for realization of many civil and political rights or economic, social and cultural rights. However, the realization of this right is subject to the countries' level of development, what in turn amounts to the more destruction of environment. As a result, the promotion of the notion of "sustainable development", as an agenda, has been pursued by the international society at national, regional and international levels since 1990's upwards.

If we call the "Science of the Principles of Islamic Jurisprudence" the "Islamic Legal Philosophy" - as it has been done - we have made no exaggeration. In the current Islamic century this science has gained new momentum in the method of individual reasoning of the rhetoric-centered school of Najaf. One of these discussions concerns the dividing of Islamic judicial verdicts into obligatory and conventional ones followed by an analysis and a verification of the legal provisions of the latter category.In this discussion Shaykh Ansary intends to defend the theory of the elder Imamites and to respond to those critics who come up with new approaches. Yet Khorasany criticises his teacher Shaykh Ansary in a relatively comprehensive study laying out what in his own view is a new scheme. To the students of jurisprudence the knowledge of this discussion not only introduces them to the background of the philosophy of law in Islamic thought but undoubtedly will have a substantial impact on rational judicial analyses.

From the Enlightenment Era on, a new definition for human being and universe has been presented. During these centuries, human being has been known as rights-holder or citizen.Citizenship rights have four main domains including: civil, political, socioeconomic and cultural rights, in all of which Participation has a fundamental role that cannot be ignored.From the view point of a conceptual analysis of the participatory urban development, Participation can be found in the three major domains of participation in the formation of local governments (of the people); participation in decision making and development policy making (with the people); and participation in the execution of the development policies (for the people), all known as the Participatory Urban Development circle.Based on a comprehensive approach, we can claim that the origin of urban non-development or un-balanced urban or local development is a structural one, the original cause of which per se should be known as citizens' abstention in the administration of the cities. Self-determination is the fundamental element of citizenship which shall be achieved via participation in community affairs. On this basis, it is necessary that the mechanisms for the effective participation of citizens for achieving urban development get introduced. Besides, the formation of a political culture compatible with democracy and human rights shall only through the implementation of local democracies become possible.

Crime has historically been considered a "Local" or "national" phenomenon, but the globalization process by Deterritorialization of communications, the Social atmosphere has global and its has been eliminated the restrictions on geographical areas of the world. In this base of the new opportunities for crime has provided, in a way that the criminals are using from global village and its facilities, such as the technology of information and communications, for such acting to be anonymous, with the least cost. In this context, criminality has become more than before to a "transitional" phenomenon. Children sex tourism as a "great illegitimate industry" has such characteristics. Against this global problem in order to increasing deterrence and the penal costs of committing the crime and special Protection of Children against sexual exploitation, the early 1990 s origin and sender countries of sex tourists through criminalization of this special conduct and changing the rules and conditions the principle of positive personal jurisdictions, compared to the creation of a criminal jurisdiction developed and to judicial authorities, in order to identify criminal liability for citizens and even foreigners residing in the country to have taken action. Many nations have enacted extraterritorial legislation, which provides a country with the jurisdiction to prosecute its nationals for criminal conduct committed beyond its borders. This Differential and Protective criminal policy from Children victim of sex tourism since May 25, 2000 ratifying the additional protocol to the Convention on the Rights of the child on the sale of children, child prostitution and child pornography, speeded up to her. In a way that different countries, including Iran, by approving, have been obliged toTransferring of the special and Protective criminal policy of Children against the new victimization has been predicted in this global binding document.Part I of this article provides the position of the penal special support of children against new victimization, especially sexual tourism, in the international human rights regime. Part II examines the penal code some countries, to method of transfer his attitude and integration mechanisms haveBeen predicted in the international regime to national or local systems.

Owners of the immovable properties including gardens enjoy a full right of interference and possession over their lands based on the principle of dominance. However, the legislator has established several exceptions and limits to this rational principle.The owners had a complete authority to determine the policy related to division and usage of the land until 1966. However, according to the added articles 98, 99 and 101 to the Municipality Code in 1966, the authority to determine the different forms of the usage of lands within the cities was granted to the municipalities.The ample benefits out of the construction activities lead the beneficiaries to misuse every opportunity in order to destroy and divide the parks and garden areas located within the city limits.Legislative authorities attempted to confront this process through enacting particular regulations. On the other hand, interested parties have tried to encounter these legal restrictions by means of litigation and submitting complaints to the public authorities and branches of the administrative Court of Justice. This issue was finally addressed by the Grand Chamber of the Administrative Court of Justice and resulted in the Decision No. 31, 2004. The Grand Chamber subsequently reaffirmed the contents of this decision in the decision No. 104 passed in 2008. Consequently, the legislator put an end to the lack of regulations on this matter and amended the related legal Code in 2009. The code was later publicized on the same year.The present article attempts to investigate and evaluate the entire applicable laws and regulations in order to determine the competent Court or authority on the issue of gardens within the city limits and considers the relevant Administrative Grand Chamber's decisions on the subject.

Istesnaa en driot musulman (fiqh) et en droit iranienPasser une commande a un artisan de fabriquer quelque chose, se verifie en dioit musulman dans Ie cadre d’une institution nommee Istesnaa.Outre l’hesitation des auteurs de quelques branches du driot musulman apropos de la validite-meme de cette institution, la quailfication juridique dudit acte est aussi bien douteuse.Selon les uns, I' accord convenu n’ a pas de nature contractuelle mais de nature promesse bilaterale. Par contre, suivant les autres, Istesnaa n’ est qu un vrai contrat. Dans I 'hypothese ou I' on attribue une qualification contractuelle a cet acte, il est encore tres douteux qu il soit une vente de chose future ou un contrat d' enterprise ou bien un autre contract nomme. Par ailleurs, la qualification discutable de I 'acte precite a souleve de nombreux debats sur I'aspect revocable ou irrevocable de celuici dans ses difterents etapes daccomplir.L' utilite indiscutable du contrat dit Istesnaa dans la societe actuelle, a I'absence d'une loi particuliere a ce propos, exige donc la proposition d' une solution precise en droit positif modern iranien suivant Ie classement des discussions des jurisconsultes musulmans consarees audit acte.

Insurance contract in view of concluding and enforcement follows general principles of contracts, however the said contract includes special characteristics and principles granting particular nature to it causing some violation from general rules of contracts as pre-contractual obligations. Insurance Act of Iran 1316 has mentioned to pre-contractual obligations for the insured while it has no indication to that of insurer's and in fact hasn't recognized any obligation in this stage for him.The Bill of Commercial Insurance was passed by Council of Ministers in 84/04/27 and submitted to Parliament in order to approve and also replace the present Act, in spite of trying to adjust with the necessity of insurance industry merely mentioning to the obligations of the insured, similarly to Act 1316, without remarking the obligations of insurer as the other party of the contract.This essay meanwhile explores for some obligations of insurer tries to study about this area.

The right of accused's final defense as well as judges' duties to obtain the last defense is one of the disputed issues among the lawyers and judges. Some lawyers, without mentioning whether or not the final defense could be the acussed's right, believe that obtaining the last defense only in specific circumstances is the judge's obligation. However, it appears to me that the last defense is the right of the accused and obtaining the final defense is the duty of the public prosecutor's office as well as the judges and courts; since attributing a crime or an offence to the accused, damages the accused's social prestige and repute. Based on the legal principles and judicial solutions, judicial system of the State should rightfully secure the rights of the accused and react with more sensitivity towards these rights. In addition, the presumption of innocence (QUIETUS) requires that the criminal law must be interpreted in favour of the accused.In this Article, the writer has tried to discuss and analyse the issue in details as well as to justify and stress the right of the accused and obligation of the judges to obtain the final defense.

A criminological analysis of crime and punishment, more specifically, the patterns of crime commission, prevalence and the amount of crimes committed, and the ways by which crimes committed by men and women is dealt with by the Criminal Justice System, is mainly shaped by gender issues. The present paper is intended to provide an analysis of criminology and gender. For this purpose, it will first look at crime statistics, by taking into account gender differences on crime commission. Then it is intended to present a theoretical analysis explaining crime differences between men and women. The paper will conclude whether such statistical differences between the form and the amount of crime committed between men and women is reasonably explained by such theories.

The African Charter on Human and People's Rights, as one of the most important regional conventions on human rights provides certain mechanisms and measures to promote human rights and freedoms in the African continent. The application of the Charter, however, faces many obstacles and difficulties. The African Commission, an important institution provided for in the Charter, undertakes the responsibility to promote and to protect human rights as well as considers the communications with regard to the violation of human rights. This article examines the decisions of the Commission as to the right to life, prohibition of torture and the right to fair trail, in order to review the work of the Commission dealing with human rights violation in Africa.

Le droit trancais se range dans la famille romano-germanique. On considere habituellement que dans cette famille la base du droit se trouve dans la legislation, et cette conception a conduit de facon generale a promulguer des codes, notamment des codes civils. D'apres ce constat, ce qui do it logiquement prendre une place strategique dans les pays de droit romano-germanique c'est le legistateur. Mais, la realite ne coincide pas toujour avec un tel ideal. Ce que l'on observe aujourd'hui c'est le fait que la frontiere entre la famille romano-germanique et les pays de commun Law est affaiblie. Cela tient, d'une part a la mutation engendree par le droit communautaire, voire une europeanisation lente mais progressive, et d'autre part, au role qui jouent les instruments juridictionnels des pays concernes.L'objectif de cette contribution n'est pas de faire une demonstration de toutes les factures de la mutation, mais de mettre en lumiere le role joue par les instances juridictionnelles et plus particulierement par le juge constitutionnel.ll est, quasiment devenue une habitude de dire que la France est dotee d'une Constitution formelle et rigide. Toutefois, l'analyse du travail accompli par la justice constitutionnelle trancaise demontre que la formalite et la rigidite a la francaise a perdu son sens originaire. En effet, depuis les annees soixante-dix le Conseil constitutionnel est progressivement sorti de son role de controleur de la constitutionnalite de loi. ll s'est, de temps a autre interesse a une co-ecriture de celleci en fixant les objectives a valeur constitutionnelles. De plus, le juge constitutionnel francais a entendu jouer un role de constituant lorsqu'il a reconnus de nombreux principes a valeur constitutionnelle. Les principes qui n'ont pas parfois un fondement solide dans la Constitution (participes generaux de droit, objectives a valeur constitutionnelle).En tout etat de cause, cette recherche a pour mission de demontrer comment un systems primitivement mono-normatif est, grace au juge constitutionnel conduit vers une pluralite normative. A cette fin, on sera contraint de se fixer sur la question des normes de reference de la constitutionnalite en France et d'illustrer ainsi le role joue par le juge constitutionnel dans leur evolution.

Childhood is one of the most important and effective periods of human life in which humans character takes place. Today it is obvious that children beside their needs to physical care need social and legal protection. Social and legal protections have a basic role in the way of the formation of the child's character. Thus, the definition of the parent's responsibility and their manner to their children is critical. When the parents move their child from one country to another one, the conflict of laws, respect to children, is applicable. This article tries to consider the principles of conflict of laws in English law (as the pioneer of common law) in respect to children.  

This article which involves a comparison between the company laws of England and Iran concerns the question of why of majority and minority shareholders, only the former should have the final say in corporations. It will examine three important theories of political, economic and doctrinal which have been relevant to found the rule of majority in English and Iranian corporations. While the two systems share the foundations for the rule of majority, they have diverged in the choice of their model of corporate governance. The former is a major member of the Anglo-American model of corporate governance whereas the latter pursues the continental Europe model. In the light of a cultural, political and economic background examination of the two systems, the article will also provides some answers for the question of how such divergence occurred in the two systems.

The hard line criminal policy that has attracted attention from 1970s and specially 1980s, has several aspects and strategies including incapacitation through three strikes and you're out laws. This perspective has been welcomed in some countries including U.S.A. as we may name it as the overruled policy for combating against some criminals specially recidivists and career criminals in this country.In this approach as emphasizing the Necessity of neutralization and incapacitation recidivists, It is supposed that we can diminish the rate of criminality through dispelling some criminals and keeping them behind the bars of prisons. In this article I will consider the history, aspects and also the results of this policy in U.S. criminal justice system. also the adherent and Critics to this policy will be studied.

Trade Secrets Law is an issue which in one hand relates to Intellectual Property Law and in the other hand to Competition Law and by its very nature is within the framework of Information Law.Depending on the circumstances and kind of relationship between the owner of confidential information and the others, protection of trade secrets is made by different ways which the most common one is use of restrictive agreements and specially most important ones, i.e Noncompete, Nonsolicitation and Nondisclosure agreements.Having clarified the notion of Trade Secrets, this article will embark on analyzing the definition, validity conditions and method of protecting of Trade Secrets by restrictive agreements in American, English, French and Iranian Law.