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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2011
  • Volume: 

    41
  • Issue: 

    1
  • Pages: 

    327-346
Measures: 
  • Citations: 

    1
  • Views: 

    2554
  • Downloads: 

    0
Abstract: 

Despite a long history of "compensation principle" in customary inter national law, this principle regarding environmental damages has attracted, only in recent decades, the attention of the international community, as well as international law experts. Accordingly, this basic question was raised that, what principles and rules govern on the compensation of environmental damages? Can we contain such damages under the general rules of compensation in international law, because of the extent and unique concept of such damages? In response to this question, although state practice and international judicial practice, in present conditions, indicate applying such general rules of compensation in this issue , based on some reasons, applying such general rules, does not seem suitable and practical. therefore, codification and development of a specific environmental compensation system is not avoidable.

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Journal: 

THERAPIE

Issue Info: 
  • Year: 

    2005
  • Volume: 

    60
  • Issue: 

    4
  • Pages: 

    391-399
Measures: 
  • Citations: 

    1
  • Views: 

    116
  • Downloads: 

    0
Keywords: 
Abstract: 

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Journal: 

Public Law Research

Issue Info: 
  • Year: 

    2019
  • Volume: 

    21
  • Issue: 

    64
  • Pages: 

    205-226
Measures: 
  • Citations: 

    0
  • Views: 

    460
  • Downloads: 

    0
Abstract: 

Transferring right to Reparation as a legal consequence of a state succession in public international law, regardless of how and the way the related succession has been occurred, has always been in dispute and controversial issue. Following the state succession, the issue of succession of states in respect of right to Reparation, in the ways are allowed in public international law, seeks to scrutinize the feasibility of transferring such rights. Studying a conceptual framework of the conception in question in view of public international law, the present paper looking over opinions in favour of it and opposite views. At last, it concludes that transferring of the responsibility to the right to Reparation in respect of succession of states should be disregarding of absoluteness and as a result of that, succession of states in respect of the right to Reparation has been necessitated in international law which is necessary to achieveing justice and it represents a conceptual evolution in this human knowledge.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    -
  • Issue: 

    63
  • Pages: 

    29-50
Measures: 
  • Citations: 

    0
  • Views: 

    437
  • Downloads: 

    0
Abstract: 

Distribution of Reparation in situations of shared responsibility has always been one of the main challenges of responsibility in international judicial proceedings. In all cases of shared responsibility, the question arises as to which entity is responsible and how responsibility should be distributed among several factors. The Draft Articles on Responsibility of States for Internationally Wrongful Acts (2001) and the Draft Articles on Responsibility of International Organizations (2011) provide only limited guidance on the distribution of Reparation. Likewise, the international jurisprudence has made brief references to the sharing of Reparation among joint agents. Distribution of Reparation to joint agents is done separately, taking into account the extent of the responsibility of each of the agents for causing harm and damage. Although, as defined by the International Law Commission, causality has no place among the constituent elements of an international wrongfulness, it is one of the main means of distributing compensation. Moreover, the analysis of the relationship between different instruments in different situations of shared responsibility can be found to have an effective role in the distribution of Reparation.

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Author(s): 

ZARGOUSHNASAB A.A.J.

Issue Info: 
  • Year: 

    2008
  • Volume: 

    4
  • Issue: 

    13
  • Pages: 

    65-83
Measures: 
  • Citations: 

    0
  • Views: 

    1806
  • Downloads: 

    0
Abstract: 

This study aims at identifying the surgical operation of patching a virgin’s maidenhead. There are some viewpoints in this regard as follows:1. Maidenhead Reparation can be legal if it is torn in the accident, fall or violation.2. If it is torn as a result of marriage, Reparation will be illegal.3. If it is torn as a result of adultery, Reparation will be illegal. Since it causes fraud of husband.A doctor should notice to these mentioned precepts. He or she also searches about the pregnancy of a girl. If she is pregnant, Reparation of maidenhead is illegal.qq

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Journal: 

Comparative Law

Issue Info: 
  • Year: 

    2024
  • Volume: 

    8
  • Issue: 

    2 (پیاپی 14)
  • Pages: 

    133-155
Measures: 
  • Citations: 

    0
  • Views: 

    35
  • Downloads: 

    6
Abstract: 

The right to receive consular protection and its guarantee by the host state is an element of making the right to a fair trial effective. Its development in the practice of human rights treaty bodies as a human right has put consular protection in interaction with human rights, especially the right to fair trial and the right to life. Violation of this right and depriving individuals in national courts and, conviction and sentence based on consular deprivation may lead to the ineffectiveness of criminal proceedings and the violation of some substantive rights, such as the right to life and Freedom from torture. The present essay, with an analytical-descriptive method, seeks to answer the question of how the Humanistic approach affects restitution as an appropriate remedy for the violation of the right to receive consular protection. It seems that Relative restitution in the form of review and reconsideration of sentences and punishments, provided to effectiveness, is considered an effective and appropriate remedy and guarantees the human rights of foreign nationals and the legitimate interests of the host state. On the other hand, the approach of full restitution in the form of annulment of the issued sentences and punishments is not considered an appropriate remedy due to providing an opportunity to escape from criminal justice and denying the jurisdiction of the host state. International precedent, alongside Cessation and non-repetition, has chosen partial restitution, provided to its effectiveness.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    82
  • Issue: 

    101
  • Pages: 

    61-83
Measures: 
  • Citations: 

    0
  • Views: 

    895
  • Downloads: 

    0
Abstract: 

In recent section of previous civil procedure law (article 728) was mentioned that damage can be caused by destruction of property or can be generated by loss of profit which was resulted by performing of an obligation. This verdict put an end to all conflicts about loss of profit and gave right to creditor to his definite deprivation benefit beside property casualty and increase of his debts. After Islamic revolution and constitution passage in 1358، According to the forth principle: "All civil، penal، financial، administrative، cultural، political law and other ones should be based on Islamic principles. " This important principle emphasized that all provisions should be Islamic. Legislator a long time after the Islamic revolution in second waver of article 515 of civil procedure law approved in 1379 that regularly should be constructed on jurisprudence noted that: "loss of profit cannot be demanded" and accordingly generated a profuse conflicts among scientists. In this essay we want to say that all reasons in irreparability of loss profit can be refuted and vice versa، there are many reasons against first viewpoint. As a result legislator deduction from jurisprudence resources was not correct. Accordingly not only second waver of article 515 civil procedure law approved in 1379 is contrary to the constitution especially forth principle، but also it does not have compatibility with jurisprudence basis، consequently its reform is requisite.

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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2022
  • Volume: 

    25
  • Issue: 

    99
  • Pages: 

    369-393
Measures: 
  • Citations: 

    0
  • Views: 

    29
  • Downloads: 

    0
Abstract: 

Essentially, according to the law of States responsibility Reparation is the consequence of the responsibility. Nonetheless in aerial incidents States practice demonstrates that Reparation is of importance which States before or during the institution of proceedings in ICJ as the competent authority, in this case, prefer to settle their dispute through negotiation and determining a sum as Reparation. Thus, so far there is no international judicial precedent leading to any judgment regarding the aerial incident and most of the cases resulted in ex gratia payment by the responsible State. Until the adoption of article 3 bis if Chicago Convention, in cases similar to Ukrainian flight, lack of any definition of the wrongful act was a serious barrier for admission of claims before the ICJ. After the adoption of this Article States obligated to refrain from use of force against civil aircraft and respect the safety and security of persons on board which it resolved the problem. But even in cases after that date, the practice of States tended to acceptance of ex gratia payments. In this method the State pays a determined sum without accepting its international responsibility. In regard to flight 752 seems that ex gratia payment can be a practical and faster way for settlement of the dispute between Iran and other countries.

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    23
Measures: 
  • Views: 

    167
  • Downloads: 

    63
Keywords: 
Abstract: 

FUNCTIONALIZATION OF PRISTINE GRAPHENE SHEETS WITH ORGANIC FUNCTIONAL GROUPS HAS BEENDEVELOPED FOR SEVERAL PURPOSES. THE MAIN PURPOSE IS THE DISPENSABILITY OF GRAPHENE INCOMMON ORGANIC SOLVENTS THAT IS USUALLY OBTAINED AFTER ATTACHMENT OF CERTAIN ORGANIC GROUPS.THE DISPERSION OF GRAPHENE SHEETS IN ORGANIC SOLVENTS IS A CRUCIAL MOVE TOWARD THE FORMATIONOF NANOCOMPOSITE MATERIALS WITH GRAPHENE…..

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    9
  • Issue: 

    2
  • Pages: 

    19-25
Measures: 
  • Citations: 

    0
  • Views: 

    1237
  • Downloads: 

    0
Abstract: 

In this research, nanoporousgraphene was synthesized by chemical vapor depositionover porous zinc oxide nanocatalyst. The product was characterized by scanning electron microscopy, transmission electron microscopy, Brauneur-Emmett-Teller isotherms, and X ray diffraction. The sorption of two samples of crude oil on to nanoporousgraphene was studied. Due to the high pore volume (1.17 cm3/g), large specific surface area (410 m2/g) and small pore size, high sorption capacity was achieved. Maximum sorption capacity of this nanoporousgraphene for two samples of crude oil (A) and (B) was 105.39 and 102.17 g crude oil/g nanosorbent, respectively. Crude oil samples sorbed on to nanoporousgraphene could be recovered by three methods of heat treatment, extraction with solvent, and filtration under mild suction with the proper recovery ratio. The recovery capacity of 99.01, 98.50, 98.05% was obtained by three methods, respectively. By means of these recycling methods, crude oil can be separated from nanosorbent and reused after the recovery. According to proper performance and good shaping ability of this nanosorbent, it can be used as a good candidate in the removal of oil spills.

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