LAW REVIEW
Year:2003 | Volume:- | Issue:29|Papers Count:10

Money laundering is a silent crime which crosses international boundaries. Modern technology has led to new avenues to disguise the proceeds of crime. The advent of electronic money has meant that tracing the transfer of possibly illicit funds is an extremely difficult if not impossible task. Therefore there is a need  to take consistent measures against money laundering throughout the world especially through control and monitoring banking systems. This need has been considered as an urgent by the event of 11th of September 2001 led to the enactment of U.S.A patriot Act designed to deter and punish terrorists. This Act includes inter alia, certain provisions in respect of combating money laundering.  

The topic, “International Settlement of Intellectual Property Dispute”, purely and apart from introduction and definition is categorized into three distinguished parts.Analyzing the historical origin of dispute settlement in intellectual property and its developments is the aim of the first chapter. Precedent survey, i.e. to search for conventions and other international documents generating the right of intellectual property, is the focal point of the second chapter. And the last chapter as the major part of the essay is dedicated to scrutinize dispute settlement procedures in related international documents. In this chapter, the author, referring to Traditional dispute settlement procedures, has focused on Special procedures of WTO’s settlement system as the most imperative dispute settlement procedure of today’s world as a current dominant procedure which applies to one hundred and forty six WTO’s state parties and has concluded that, in future, there will not probably be any International Intellectual Property Dispute, beyond the WTO’s compulsory jurisdiction taking into account the affirmative regulations of the TRIPs agreement.  

Transnational organized crime is one of the most problematic matters for international community in 21st century. These crimes are committed by organized criminal groups consisting of three or more persons, a unique leadership and strict discipline with cruel sanctions in order to obtain, directly or indirectly, a financial or other material benefit. Commission of the crimes nationally and internationally has political, economic and social effects and threatens the existence of nations and states. The United Nations, acting on behalf of international community, elaborated an international document named “United Nations Convention against Transnational Organized Crime” with two protocols. The documents were opened for signature of states in Palermo (Italy) in 2000. 147 states including Iran has signed the convention. This article is aimed firstly to determine the meaning of the transnational organized crime, secondly to analyzes its various effects justifying the necessity of combating it.  

The EU, which has its roots in the early fifties, in a short time reached nearly all aims to which the founders had refereed. Establishing the major institutions and promoting its Member States to cooperate in economic, social, political and recently in military issues, the EU is going to attain the old aspiration of the Europeans, i.e., a United States of Europe. In this regard, the conclusion of the main Treaties and providing ways and procedures for cooperation in different sections, without doubt is the cornerstone of that unity.Nowadays, the major issue which has been tackled by the lawyers and politicians, both inside and outside of the EU, is the issue of the constitution for this intergovernmental organization as it is the illustration of the main will of the Europeans toward a likely federal states similar to that of the USA.The question of the possibility of having a constitution may arise. Further it may be asked whether or not the early Treaties would be regarded as having such status.This Article, having in mind the importance of these Treaties, is going to find out an acceptable answer to that and in case that the answer is affirmative, the possibility of these documents to be as the EU Constitution, will be considered.  

The Study of rights of obligee in any commercial contract, particularly contract of sale, is very important for the theorical and practical reasons, in case that the other party performs part of contract only and is not able or ready to perform the other part; Because, on the one hand, the obligor wants to know whether he entitles to expect from the obligee to accept the executed part of contract and to terminate the breached part of that only; On the other hand, the obligee faces with these questions: what is his rights in this cases? Does he have to accept the executed and to terminate the breached part of contract only or entitles to terminate the whole of contract?In this article the author tries to explain the rights of buyer and seller in these cases according to regulations of the Vienna Convention concerning International Sale of Goods (1980) and Iranian Law.The result of this study proves that from the point of view of the Convention will be different the law of this case in that the contract is instalment or simple and whether the matter of contract is severable on the legal and physical reasons; however, it must be pretended that the appearent tendency of codificators of the Convention is the avoidance from the whole termination of contract for the partial breach, where as Iranian Law principally dose not allow the partial termination or the separation of contract.