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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2015
  • Volume: 

    4
  • Issue: 

    12
  • Pages: 

    61-86
Measures: 
  • Citations: 

    0
  • Views: 

    723
  • Downloads: 

    0
Abstract: 

In dealing with the bankruptcy regime, the legislator requires legal entities to manage this regime for specific purposes. One of these legal entities that plays a significant role is “automatic stay”. This legal entity is designed to prevent individual action of creditors. Different factors play a role in the efficiency and inefficiency of the automatic stay. The main reasons for efficiency are increasing the value of property of the bankrupt and reducing costs. The main cause of inefficiency is the redistribution of wealth. In Iranian law, a limited scope and the lack of enforcement of the automatic stay are regarded as main reasons for inefficiency of this legal entity. In the United States, the scope of automatic stay is wider than Iranian law, and this legal entity can be enforced in the former. The automatic stay is unavoidable in Iranian law, whereas there are different views in U.S. law in this regard.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    51
  • Issue: 

    2
  • Pages: 

    575-594
Measures: 
  • Citations: 

    0
  • Views: 

    247
  • Downloads: 

    0
Abstract: 

Referral of the US sanctions situation by the government of Venezuela to the International Criminal Court poses the question of whether economic sanctions may fall within the ICC jurisdiction as crimes against humanity. It is the first time that the issue of sanctions is brought before an international criminal tribunal and therefore the response could not be found in the jurisprudence. Nevertheless, by analyzing the law and practice of the Court this article proves that the category of other inhumane acts as referred to in Paragraph K of Article 7 of the Rome Statute include those economic sanctions that cause great suffering and serious harm to the health of any civilian population, provided that are carried out in furtherance of a State policy against ordinary people. In establishing this proposal, the US sanctions against Iran is analyzed as a case.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2023
  • Volume: 

    6
  • Issue: 

    15
  • Pages: 

    127-152
Measures: 
  • Citations: 

    0
  • Views: 

    99
  • Downloads: 

    0
Abstract: 

The precedent of the position of Prosecuting attorney in Iran's criminal justice system and the assignment of a part of the prosecutor's duties and powers to this institution Is in a way that makes the Relationship between the prosecutor and the Prosecuting attorney inevitable, considering the investigative nature of Iran's criminal justice system in the preliminary investigation stage, the appropriate model of this The system type of the model Is a hierarchical Relationship in which nonequivalent communication prevails. It is necessary to explain the hierarchical Relationship between the prosecutor and the Prosecuting attorney using established concepts and components in management science to create a solid theoretical support in the design of the desired model. The present study, using the analytical-descriptive method and collecting the required information in the library method, and relying on the Relationship between the prosecutor and the Prosecuting attorney in the criminal justice system of Iran, tries to analyze the pattern of hierarchical communication between the mentioned authorities and its pathology. The findings of the research indicate that this model, in spite of advantages such as organizational order and the coherence of the approach of observing citizen rights and equality and integrity in the implementation of the law, suffers from inefficiency and costly guidance and supervision, and insufficient attention to human ethics. And professional etiquette suffers. Despite the prosecutor's guardianship over the prosecutor's decisions through referral, guidance and supervision, the acceptance of the independence of the prosecutor, especially in the final decision and provision leading to arrest, not only does It not contradict the model of hierarchical communication, spatial independence requires accepting the possibility of a dispute between the prosecutor and the prosecutor and resolving the dispute by the court. The close Relationship between the prosecutor and the Prosecuting attorney with effective incentives to create an atmosphere of interaction between them, avoiding interference, is ineffective, successful mechanisms to reduce existing disadvantages by maintaining a hierarchical hierarchy.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    -
  • Issue: 

    59
  • Pages: 

    205-224
Measures: 
  • Citations: 

    0
  • Views: 

    484
  • Downloads: 

    0
Abstract: 

One of the main impediments of the International Criminal Court in dealing with the issue of the so-called Islamic State of Iraq and al-Sham/Greater Syria ("ISIS" aka "ISIL", "Daesh" or "IS") is its power to exercise jurisdiction. The Court has jurisdiction to deal with crimes as follows: 1-A State Party refers the situation to the Court pursuant to Article 14. 2-If under Chapter VII of the UN Charter, the Security Council refers a situation. 3-If, according to Article 15, the prosecutor, on his own initiative, opens an investigation upon notification of the crime subject to the jurisdiction of the Court. Furthermore, since Iraq and Syria are not Parties to the Rome Statute, the lack of co-operation could hinder the pursuit of ISIS members before the International Criminal Court. Thus, the only possible option in the prosecution of ISIS could be the United Nations Security Council. This paper aims to study the question of possibility or predictability of investigating this terrorist group leaders before the International Criminal Court and challenges facing such an investigation.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    10
  • Issue: 

    38
  • Pages: 

    58-80
Measures: 
  • Citations: 

    0
  • Views: 

    680
  • Downloads: 

    0
Abstract: 

The municipal courts, based on the whole forms of jurisdictional principles (territorial, nationality, universal jurisdiction etc. ) have the authority to investigate the aggression crime. Of course, the nature of this offence is different from the other core international crimes in International contexts like (war crime, genocide and crimes against humanity) and the conventional crime in International contexts like (terrorism, smuggling of narcotics etc. ) since the condition of investigating the aggression offence is the proving aggression which is in the competency of the Security Council of the United Nation. Attempt is made here to discuss, the above mentioned issues and the processes involved. The conclusion will be the promotion of the fact that the recent advances in International Criminal Law paves the ground, for the municipal courts to investigate other crimes in addition to aggression. The conclusion will be the promotion of the fact that the recent advances in International Criminal Law paves the ground, for the municipal courts to investigate other crimes in addition to aggression.

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Author(s): 

Issue Info: 
  • Year: 

    2020
  • Volume: 

    -
  • Issue: 

    52
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    82
  • Downloads: 

    0
Keywords: 
Abstract: 

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: 

    52
  • Issue: 

    2
  • Pages: 

    51-66
Measures: 
  • Citations: 

    0
  • Views: 

    162
  • Downloads: 

    24
Abstract: 

Water Water deficit especially after heading is one of the most effective factors of wheat yield loss in Iran and across the world and identifying the physiological traits related to plant resilience is of great importance in screening for tolerant varieties. The objective of this study was to evaluate the variation in stem reserves accumulation capacity and its Relationship with remobilization in some wheat cultivars. 22 wheat cultivars were cultivated in a split plot design with three replications, full irrigation and 40% of field capacity being main plots. The amount of accumulation and remobilization was estimated by measuring internodes weight and stem soluble carbohydrates content (WSC). Significant genotypic variation among cultivars was observed under both normal and drought conditions. Maximum accumulation was found in lower internodes followed by peduncle and penultimate using dry weight measurement method. In WSC measurement method, however, maximum accumulation was observed in penultimate followed by lower internodes and peduncle. Cultivars ranking based on accumulation was also different in two methods. Drought stress caused decline in internodes weight, WSC and yield and remobilization efficiency. The specific stem weight had the highest correlation with remobilization. Significant correlation was found between grain yield and remobilization, specific stem weight and WSC.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    2
  • Issue: 

    3 (پیاپی 5)
  • Pages: 

    51-61
Measures: 
  • Citations: 

    0
  • Views: 

    185
  • Downloads: 

    26
Abstract: 

Purpose: Food security is a critical global challenge that is influenced by research and innovation in the field. Therefore, the objective of this study is to analyze the scientific output of developing countries in food security and examine its Relationship with patents and Gross Domestic Product (GDP).Methodology: This applied research utilized the Scientometric approach. A total of 8,416 papers published between 1992-2023 in the field of food security by developing countries were included in the study using citation databases from Clarivate Analytics. Additionally, patent registrations from the WIPO database and GDP data from the World Bank were analyzed. Information was collected through note-taking, and the data was analyzed using Pearson's correlation coefficient.Findings: The findings reveal an upward trend in the publication and citation of scientific outputs related to food security in developing countries. China has higher numbers of papers, patents, GDP, and food production index compared to Iran, Japan, and South Korea. There is also a positive correlation observed between population and the number of papers, gross production and the number of papers, food production and the number of published papers, as well as the number of patents and papers citing scientific outputs of countries.Conclusion: These results highlight the significant Relationship between increasing scientific output, GDP, the number of patents, and food security. Greater emphasis on food security contributes to enhanced scientific output, GDP, and innovation. Similarly, increasing scientific output, GDP, and innovation positively impact food security in countries.Value: This study emphasizes the importance of scientific outputs in driving technological advancements, innovations, and ultimately, ensuring food security in developing countries.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    -
  • Issue: 

    60
  • Pages: 

    69-104
Measures: 
  • Citations: 

    0
  • Views: 

    225
  • Downloads: 

    0
Abstract: 

The Syrian Arab Republic has been the scene of political protests since early 2011, which soon became a non-international armed conflict. In these clashes, chemical weapons were used, the most important of which happened on 21August 2013, with more than 1, 400 people killed. Legally speaking, it was argued whether the use of chemical weapons (CW) in the internal conflicts of Syria was considered an international crime under the Court’ s jurisdiction, in light of the fact that the use of CW was not counted as a crime in the Statute of the International Criminal Court (ICC); and is it possible for the Court to exercise jurisdiction over Syria's situation in light of the fact that Syriais not a party to the Rome Statute of the International Criminal Court? In this paper, the researchers have considered the use of CW in Syria's internal conflicts as a war crime, by analyzing the subject, interpreting the Statute and applying it to elements of the crimes under the jurisdiction of the ICC. Also, the study indicates that, according to the amendments to the Statute of the ICC in Kampala, Uganda, in June 2010, if the Security Council refers the "situation" of Syria to the ICC, it will be possible for the Court to exercise its jurisdiction.

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Author(s): 

Moazenzadegan Hassanali

Issue Info: 
  • Year: 

    2025
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    367-382
Measures: 
  • Citations: 

    0
  • Views: 

    16
  • Downloads: 

    0
Abstract: 

A fundamental pillar of the criminal justice process—from the detection of crime to adjudication, sentencing, and enforcement—is the necessity of sufficient evidence, whether circumstantial indicators or concrete proof, to attribute criminal responsibility to the accused. This requirement is grounded in the fundamental principle of the presumption of innocence, a cornerstone of Islamic law, international human rights instruments, and constitutional frameworks, including the Constitution of the Islamic Republic of Iran. However, despite this imperative, the latter part of Article 65 of Iran’s Code of Criminal Procedure explicitly authorizes prosecutors to initiate proceedings against individuals accused of crimes against internal or external security without requiring any supporting evidence, thereby violating the presumption of innocence. Given that various provisions of the Code necessitate sufficient evidence for post-indictment measures—especially those concerning deprivation of liberty and intrusions into the privacy of the accused—prosecutors and judicial authorities, despite possessing legal authorization to initiate prosecution, lack discretion in implementing such restrictive measures without evidence. Through a qualitative descriptive-analytical examination of the provisions of the Code of Criminal Procedure, this article confirms the hypothesis that the prosecutor’s discretionary power in such cases is unfounded. The imperative to safeguard individual rights and liberties necessitates prompt legislative revision—a matter that must be duly addressed by lawmakers.

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