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Author(s): 

DELKHOSH ALIREZA

Journal: 

PUBLIC LAW RESEARCH

Issue Info: 
  • Year: 

    2011
  • Volume: 

    13
  • Issue: 

    32
  • Pages: 

    113-172
Measures: 
  • Citations: 

    0
  • Views: 

    2314
  • Downloads: 

    0
Abstract: 

In international criminal law for the reason of legal and political obstacles against competence of international criminal courts, State’s Obligation to Cooperation has been under consideration of lawyers and is a requirement of fulfillment of justice. Chapter 9th of statute of international criminal court relate to the regulation of State's Obligation to Cooperation. The 9th chapter is related to State' s Obligation to Cooperation, and we study common regulations of cooperation, legal dimensions of the common regulation and the relation between the articles of this chapter.As the general assembly of membered states consider suggestions and issue some declarations as the declaration of cooperation in the 1st statute reviewing conference, we consider this declaration and court' s report to assembly to know with cooperation of states and international organization to the court.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Issue Info: 
  • Year: 

    2023
  • Volume: 

    22
  • Issue: 

    55
  • Pages: 

    49-80
Measures: 
  • Citations: 

    1
  • Views: 

    5
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

MEDICAL LAW

Issue Info: 
  • Year: 

    2022
  • Volume: 

    16
  • Issue: 

    Special Issue on Legal Developments
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    35
  • Downloads: 

    0
Abstract: 

Background and Aim: Cyber terrorism as a potential danger threatens all governmtnts all over the world and its characteristics create serious violations of international peace, security and human rights. On the other hand, its different committement from classic terrorism has established fundamental challenges in the field of jurisdiction, crime detection, extradition and punishment of the perpetrators. Therefore, a phenomenon that has a cross-border nature cannot be fought and suppressed by national measures and requires organized cooperation with the serious efforts of subjects of international law. These cooperations have wide dimensions, the first and most important aspect of which is the effort to establish rules in the fight against cyber terrorism. Method: The research method in this article is descriptive-analytical and the method of collecting information is library-based, referring to documents, books and articles. First, the parctices of some leading institutions in the field of policy-making in the fight against cyber terrorism will be studied in a descriptive manner and then with an analytical method, criteria for future effective measures will be presented from these actions and practices. Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been observed. Results: Due to the problem of terrorism in all its types, the ease of committing cyber attacks, creating terror and its severe consequences compared to classical terrorism, organizations ranging from the United Nations to regional organizations, groups and the subgroups have take several measures in their agenda in order to realize effective and diligent cooperation among their members, from criminalization to detection, extradition and punishment of criminals. In international efficiency analysis conducted by international organizations, factors such as the status of rules with preventive features and criminalization and implementation of rules by international cooperations and coordination should be taken into consideration. Conclusion: According to the study conducted on the procedure of international and regional organizations in fulfilling the commitment of governments to cooperate in establishing rules in response to cyber terrorism, it is noteworthy that regional organizations with a security approach such as NATO have had significant success compared to the United Nations.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    11
  • Issue: 

    2
  • Pages: 

    99-129
Measures: 
  • Citations: 

    0
  • Views: 

    40
  • Downloads: 

    0
Abstract: 

Procedural Principles Ruling the Utilization of Tigris-Euphrates River Basin. Procedural principles represent a normative framework and play a notable role in regulating water law. In addition, procedural principles could help in preventing the occurrence of disputes. Cooperation, evaluation of environmental impacts and the principle of information and consultation with related countries are the most important procedural principles. These obligations reflect customary rules of law and also are specified in many bilateral, multilateral and international documents. Considering procedural principles together with the practice of Tigris-Euphrates basin countries illustrates that although the neighbouring countries are members of multiple international and bilateral agreements and organs, but in practice the region lacks an effective and sustainable approach in implementing the procedural obligations, which has been leaded to negative impacts on substantial obligations such as no harm and equitable and reasonable utilization.Tigris and Euphrates basin, Procedural Principles, Obligation to Cooperation, Obligation to Evaluate Environmental Impacts, Obligation to Information and Consultation

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Journal: 

MEDICAL LAW

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    58
  • Pages: 

    851-863
Measures: 
  • Citations: 

    0
  • Views: 

    70
  • Downloads: 

    0
Abstract: 

Background and Aim: The special situation of medical contracts and its conditions and characteristics have been explained in such a way that it is not a contract within the framework of fixed contracts, therefore it seems that from the legal point of view, medical contract is a type of indefinite contract based on the provisions of Article 10 of the Civil Law, has special conditions and special obligations of treatment contracts, which become effective according to the agreement of the parties. In non-contractual cases regarding the relationship between doctors and other medical service personnel (such as nurses, interns, residents, etc.), the need to provide information to their patients comes from the need to preserve people's lives and in the Islamic religion, the importance of preserving the community and helping Reaching out to each other is highly emphasized as it is mentioned in the Holy Quran that saving the life of one person is like bringing all people alive and killing one person is like killing all people. Life is a divine gift, therefore respecting it and preserving it is always emphasized. Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles. Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected. Results: The most obvious and fundamental example of the natural rights of every human being is the right to life, in such a way that they have given it the name "superior right". This right and respect for it have been emphasized many times in the constitutions of countries and in important international documents. In the third article of the Declaration of Human Rights, it is stated: "Every person has the right to life, liberty and personal security". According to the right to life, which every living person has, no one should and has no right to commit acts that cause the violation of this right and the deprivation of another's life. Therefore, this can justify the need to inform in such cases. Conclusion: In view of the above, the "obligation to be the means" of the doctor's practice is obtained from the non-guarantee of a non-culpable licensed physician or nurse, intern, resident, etc, but unfortunately, in the Islamic Penal Code approved in 2013, the abandoned theory of "commitment to the result" has been accepted and a solution has been considered to escape from the related obligations, which even ignorant doctors who have questioned the most obvious principles and rules of medicine and in their treatments, they have committed serious mistakes. By acquitting the patient, they can avoid all medical moral obligations as well as civil responsibility due to their harmful act and it is an issue that the obligation to provide information in medical matters can also be raised in this assumption. Please cite this article as: Sajjadi S, Gholamalizadeh M, Yamrali S. The Legal Effects of Inheritance from the Perspective of the Imami Religion and Iranian Law. Medical Law Journal. 2023; 17(58): e58.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    27
  • Issue: 

    99
  • Pages: 

    1-24
Measures: 
  • Citations: 

    0
  • Views: 

    225
  • Downloads: 

    0
Abstract: 

The contracting world is witnessing the strengthening of the contractual dimension and the ethics ofthe relationship in it every day. One of the consequences ofsuch attention is the design of new foundations in order to ensure maximum contractual justice, one ofthe most important of which is the solidarity-contractual basis. The basis is the obligation to pay attention to the interests of the contractors in the rights and obligations of the contract, and in particular in the obligation to provide information, which is justified in the Iranian legal system based on the introduction of the Constitution and its principles 2 and 3. Obligation to provide information on a new basis transcends the principles of satisfaction and good faith, which were limited to the pre-contractual obligation of information, and includes all stages ofthe contractlife. In addition tothe obligation to teach, It also includes the obligation to give notice and the obligation to advise. In the obligation to teach, obedience is provided by providing information in a crude form and a low degree of consideration is given to the interests of the contracting partner. But inthe obligation to give notice, emphasizing the negative aspects and risks of legal action, and in the obligation to advise it goes beyond this and tries to direct the decision around the most appropriate action with the cooperation ofthe parties.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

FIQH

Issue Info: 
  • Year: 

    2023
  • Volume: 

    30
  • Issue: 

    4
  • Pages: 

    7-38
Measures: 
  • Citations: 

    0
  • Views: 

    245
  • Downloads: 

    64
Abstract: 

Contemporary jurists have presented different viewpoints about the permissibility and impermissibility of organ donation according to the verses and narratives and the examination of jurisprudential texts. According to the findings of this study, the organ includes any part of the body such as cells, tissues, and bones along with meat. In addition, the primary ruling on organ donation is based on the principle of Ibahah (permissibility) because there is no reason for it to be haram (prohibited) and the title of loss is not true for any type of organ donation. In this research, by referring to the verses, narratives, rulings of reason and the taste of the Shari'ah, which is based on the verbal appearance of all the arguments, and its validity is a customary and documented matter according to the way of reason, the sufficient obligation of organ donation has been proven. By looking at a set of narratives such as narratives regarding helping the believers, oppressing and humiliating a believer as a haram act, avoiding harm from the believer, taqiya ( a precautionary dissimulation or denial of religious belief and practice), narratives of false swearing to save life, property and the believer, narratives of opening a corpse's stomach to remove the fetus, narratives about the prohibition of not answering the believer, as well as looking at the issue from the perspective of government jurisprudence and government ruling, it is confirmed that the sufficient obligation of organ donation to save the life of a Muslim and to meet the needs of a person who is living a difficult life is part of the religious will of Share’e (lawmaker).

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    50
  • Issue: 

    4
  • Pages: 

    1379-1399
Measures: 
  • Citations: 

    0
  • Views: 

    171
  • Downloads: 

    0
Abstract: 

The right to education is one of the fundamental human rights that all persons should enjoy without discrimination. This right has been emphasized in various human rights documents. Thus, gender inequality in education is explicit breach of this right. The present paper, seek to relevant human rights frameworks consisted of international treaties, reporting on human rights bodies and the practices of states, concludes that the nature of the commitment to educational equality is obligation de juré, , that breach of this will create international responsibility for countries. These obligations do not have a negative nature, but rather direct and regulate the behavior of states in balance with their positive nature. In fact, these commitments not only resolve the barriers women face in exercising this right, but also provide the grounds for their realization and while identifying the problem of gender inequality, fights it. In all legislative and executive fields, It countries commit on the creation of defined frameworks for the elimination of discrimination and the guarantee of women's rights in education

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    6
  • Issue: 

    1 (20)
  • Pages: 

    181-200
Measures: 
  • Citations: 

    0
  • Views: 

    1171
  • Downloads: 

    0
Abstract: 

Oil futures contracts make it possible for all market participants to remain safe against the crude oil price fluctuations. Islamic Republic of Iran needs to import oil futures contracts to energy exchange for two reasons: First, its national income is highly dependent on crude oil price and instability in oil price leads to unstable economic situation. Second, Oil futures markets provide necessary instruments to reduce risk of oil deals, reduce volatility, increase flexibility and provide broader commercial dimensions to refiners and other buyers of petroleum and related industries. But now, exchange energy, due to jurisprudential constraints, is not able to use this powerful instrument of hedging risk, and this is incompatible with the implementation of economic resistance and resilience policies. This study analyzes financial nature of oil futures contracts and investigates the intend of the parties to the contract and shows that oil futures contracts are not, in any way, type of selling or obligation to selling because the acquisition and consequently delivery of asset are not intended by parties. Therefore, all of those jurisprudential obstacles are wrong about these contracts and are caused by the poor in recognizing the issue.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2009
  • Volume: 

    5
  • Issue: 

    15
  • Pages: 

    11-31
Measures: 
  • Citations: 

    0
  • Views: 

    5102
  • Downloads: 

    0
Abstract: 

To resolve the conflict of some articles of civil code in Iran (227 and 226) and France (1137 and 1147) must distinct two types of obligation. Duty to achieve a specific result and duty of best efforts. In obligation of the best effort, promisor has to endeavor in the performance of an activity. He is bound to make such efforts as would be made by a reasonable person of the same kind in the same circumstances. But to the extent that an obligation of a party involves a duty to achieve a specific result, he has to achieve that result.To determining the kind of obligation must be regarded same factor: the issue of contract, the terms of contract, the degree of risk in achieving the result and influence of the other party to performance of the obligation.We can see the extent of notice of Islamic jurisprudence, law of France and Iran to this words and the distinction is effective on behavior of promisor.

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