Development of Human Rights Generations in Decisions of the International Court of Justice
Hossein
Yazdani
Candidate of Ph.D. of International Law at Tehran PNU, Tehran, Iran
Member of Law Academy
author
Dr. Hossein
Al-e-Kajbaf
Associate Professor of Law Faculty of Tehran PNU, Tehran, Iran
author
Dr. Seyed Ghasem
Zamani
Associate Professor of Law and Political Science Faculty, Allameh Tabataba'i University, Tehran, Iran
author
Dr. Hassan
Savari
Assistant Professor of Law Faculty of Tarbiat Modares University, Tehran, Iran
author
text
article
2018
per
Human rights are the most fundamental rights intrinsic to the human nature as a human-being, which many international documents have dealt with it. The Charter of the UN is a very important document which dealt with the human rights form different aspects especially by the International Court of Justice which is one of the principal organs of the UN. Although, in terms of some limits on its jurisdiction, the ICJ can't deal with human rights disputes, but because of its general jurisdiction the court has referred to human rights law in some of its judgments. During its activities, the ICJ has made important decisions on the issue of human rights which are the fundamental rights and have persistent emphasis on the human dignity.In this article, we try to study the human rights from the point view of the international court of justice decisions.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
17
v.
35
no.
2018
7
32
https://jlr.sdil.ac.ir/article_79336_8c54ea5658c5c7be1262745b8fd00196.pdf
dx.doi.org/10.48300/jlr.2018.79336
Transfer of Ownership and Lease of Space Objects in Orbit in the Light of International Space Law
Hosna
Khalvandi
Ph.D. Student of International Law at Islamic Azad University, South Tehran Branch, Tehran, Iran
author
Dr. Seyed Hadi
Mahmoudi
Assistant Professor of Faculty of Law at Shahid Beheshti University, Tehran, Iran
author
text
article
2018
per
In recent years and in new trends in space industry, transfer of ownership and lease of space objects in orbit, especially satellites, have increased. However, none of the documents in international space law have any reference to the prohibition of the transfer of ownership and the lease of space objects in orbit. Therefore, this article, by accepting the freedom of the transfer of ownership and the lease of space objects in orbit in accordance with the international space law documents such as Outer Space Treaty (1967), Liability Convention (1972), Registration Convention (1975), UN General Assembly Resolutions 59/115 & 62/101, tries to analyze the legal status of Launching State(s) and Transferee State(s) in these processes in terms of international responsibility, international liability and registration of space objects.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
17
v.
35
no.
2018
33
53
https://jlr.sdil.ac.ir/article_79337_a77c1b6aa7f208b88c3fc51c6c7db149.pdf
dx.doi.org/10.48300/jlr.2018.79337
Relation between the Right to Food and Agricultural World Trade Policy: Cooperation or Confrontation?
Dr. Farhad
Talaie
Associate Professor of International Law, Faculty of Law and Political Science Shiraz University, Shiraz, Iran
author
Ali
Razmkhah
M.A. International Law, Legal Advisor, Centre for Sustainable Development (CENESTA), Iran
author
text
article
2018
per
The Right to Food is one of the most fundamental rights among human rights which its realization has the basic role in achieving of the other human rights. Therefore, the Right to Food is very especial in the context of the international human Rights. Agriculture and the global trade in agricultural products are one of the most important factors affecting food production. Today, much of this trade is done in the framework of the World Trade Organization (WTO) rules. In this context the main question is: to what extent these rules are compatible with the right to food and whether the World trade on agricultural products and the rules governing such trade may have positive or negative effects on the realization of the right to food. This Paper examines the relevant international law documents and analyses the rules and procedure of WTO, and then concludes that trade of the agricultural products in the existing framework of the WTO member states obligation to realize the right to food. Accordingly, this paper suggests that to ensure respect, protection and fulfillment the right to food, a fundamental revision of WTO rules on agricultural products is essential.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
17
v.
35
no.
2018
55
82
https://jlr.sdil.ac.ir/article_79338_f63185894ec61063fc192f767c91e2b8.pdf
dx.doi.org/10.48300/jlr.2018.79338
A Legal-Economic Analysis of Article 21 of the Law Amending the Compulsory Insurance Act: Civil Liability of Motor Vehicle Owners
Dr. Faysal
Ameri
Assistant Professor of Allameh Tabataba’i University, Tehran, Iran
author
Moslem
Haj Mohammadi
Master of Economic Law at Allameh Tabataba’i University, Tehran, Iran
author
text
article
2018
per
Car accidents are the most common and important traffic accidents that courts have been dealing with for the past fifty years. Because of their significance in relation to the liabilities they entail, car accidents have secured a special position in the legal world and have accordingly created their own legal rules. The principal purpose of this Article is to highlight such legal rules and examine the impact which they have on reducing the loss that both the insured and insurer may incur. Our focus of intention in this regard is the insurance policy and the probable risks that would be taken into account for determining the coverage and thereupon the premium that would be paid for future protection.To this end, Article 21 of the Law Amending the Compulsory Insurance Act, which deals with the civil liability of motor vehicle owners against third parties and the Compensation Fund which has been established thereby are examined. In doing so, we employ the economic analysis approach and as such take into account the price – cost analysis and the aversion risks which for the determination of the latter may be taken into consideration.In a nutshell, our study demonstrates that by establishing the Compensation Fund for compensating the injured party, the Iranian legislator has adopted an economic approach.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
17
v.
35
no.
2018
83
111
https://jlr.sdil.ac.ir/article_79339_ea2f0c796ad148ff2e0b6f1d051de34d.pdf
dx.doi.org/10.48300/jlr.2018.79339
Transformation of the Meaning of the Theory of Separation of Powers to the Functional Concept
Dr. Mohammad Reza
Vijeh
Chair in Public Law in Allameh Tabataba’i University, Tehran, Iran
author
Zohreh Sadat
Amiraftabi
L.L.M in Public Law from Faculty of Law of Allameh Tabataba’i, Tehran, Iran
author
text
article
2018
per
As one of the existing theories of the constitutional law, the separation of power is facing great challenges and lack of functionality in its application, to the extent that some of the radical opponents of this theory consider it obsolete.The present article aims at transforming this view, by way of providing a modern approach to this theory, and attempts to put forward a method for facing such challenges. Rather than the formal separation of power, this article concentrates on the functional separation, which is a new approach to the separation of power.This approach, concentrates on separation of power functions, rather than power structures, whereby dealing with challenges in the separation of power.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
17
v.
35
no.
2018
113
144
https://jlr.sdil.ac.ir/article_79340_76793b09aacde80cc119516f95a180ae.pdf
dx.doi.org/10.48300/jlr.2018.79340
Equality and Non-Discrimination in Human Rights System
Ali
Saalari
Master of Arts in Human Rights, Allameh Tabataba’i University, Tehran, Iran
author
text
article
2018
per
Human dignity is the central idea of human rights. Also, Equality of human beings rooted in inherent dignity. With understanding of these conceptions, we recognize autonomy of human and his individual and collective right to self-determination; and reject all forms of discrimination and degrading treatment. Thus equality and elimination of unjustifiable discriminations are purposes of human rights. But still there are some questions. How equality works? What is the influence of equality on society? And it is so important that how can we achieve equality? Scholars answer these questions from different perspectives. They have confirmed is not sufficient to recognize equality; and have offered some ways for promote and reinforcement of equality. In short, the realization of the real equality is required to campaign against discrimination, equal concern and respect for all citizens by states, and compensation measures to help disadvantaged individuals and groups in community.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
17
v.
35
no.
2018
145
169
https://jlr.sdil.ac.ir/article_79341_8f18af788f7cbea1487fd6c412dfb734.pdf
dx.doi.org/10.48300/jlr.2018.79341
Third-party Protest in Bankruptcy Order from a Judicial Perspective
Dr. Nematolah
Hajali
Ph.D. in Private Law from the Judiciary Research Institute and Supreme Court Prosecutor of the Supreme Court, Iran
author
Abouzar
Kohnavard
Ph.D. Candidate of Criminal Law and Crime of Urmia University, West Azerbaijan, Iran
author
text
article
2018
per
The T-law, in Article 536 of the Commercial Code, considers the bankruptcy order, as well as the decree on the date when the bankrupt has ceased to be bankrupt, on the date of the issuance of the warrant, within the prescribed. By specifying the declaration of bankruptcy in Article 537 of that law, The judicial procedure, also on the basis of the declarative character and the final clause of Article 538 of this law, on the definitive and non-objectionable nature of the bankruptcy judgment after The third party's objection to such sentences is to waive the provisions of Articles 417 to 425 of the Civil Procedure Law and is uncontested. Although, in some cases, courts of third-party protest accept a bankruptcy order and, in the case of objectionable reasons, violate the vote. Nevertheless, due to the quality of the proceedings and the issuance of a bankruptcy order, it can be argued that the third party's protest is subject to bankruptcy; however, it is possible within the time limits set forth in Article 537 of the Commercial Code.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
17
v.
35
no.
2018
171
198
https://jlr.sdil.ac.ir/article_79342_66fc41c91234f8ab21cf0ac039fd0247.pdf
dx.doi.org/10.48300/jlr.2018.79342
Targeted Killing: Violation of Non-Reciprocity in Fundamental Obligations of Humanitarian Law and Human Rights
Dr. Haleh
Hosseini Akbarnezhad
Lecturer at University
author
Dr. Hoorieh
Hosseini Akbarnezhad
Assistance Professor of Tarbiat Modares University, Tehran, Iran
author
text
article
2018
per
The practice of targeting some persons and killing them has been criticized in recent years in the international community. Now targeted killing is defined as the use of lethal force attributable to a subject of international law with the intent, premeditation and deliberation to kill individually selected persons who are not in the physical custody of those targeting them and recognized as a clear violation of international human rights and international humanitarian law. It violates some fundamental rights of human beings such right to life and right to fair trial. Some basic rules of humanitarian law are also in conflict with this policy, for example it opposes the obligation of state for protection of civilians in armed conflicts and violates the principle of proportionality. UN human rights experts challenge targeted killing policies and consider it in relation to extrajudicial, summary or arbitrary Executions. Therefore non-Justiciability of the policy of targeted killing is reaffirmed in humanitarian law and human rights.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
17
v.
35
no.
2018
199
242
https://jlr.sdil.ac.ir/article_79343_407b35033aa0b9500d5140a29661d607.pdf
dx.doi.org/10.48300/jlr.2018.79343
Researcher’s Liability in term of Damages to Environment Associated with Scientific Investigations
Kosar
Firouzpour
Ph.D. Candidate at University of Tehran, Tehran, Iran
author
text
article
2018
per
Right to environment and right to research are both belong to human rights, which must be preserved. The individual’s right to enjoy a healthy environment is a part of the human rights which it has been increasingly threatened with human activities. This right is not only a part of outstanding proofs for solidarity right, but it’s also a requisite for certainty of many human rights. Obtaining this right requires a level of development which may cause more damages to environment itself. Therefore, researcher’s activities in course of progression and development might be prejudicial to environment. This article discusses the condition in which the researcher causes damage to environment while conducting scientific investigations and the necessity of compensation is in contradiction with the researcher’s right to scientific investigations. Thus, the article suggests a compensation policy which preserves both rights simultaneously. According to principle 21 of Stockholm Declaration of Human Environment and the principle 2 of Rio Declaration on Environment and Development, the activities under government’s jurisdiction are obligated not to damage environment. Therefore, the government has key role to serve for solving the [discussed] contradiction, improving scientific investigations in a way they cause less damages [to environment] and preventing environmental damages.The current study aims to investigate the fundamentals of human right to environment and human right to research for solving this contradiction and to investigate the related legal approaches in Iran towards this subject.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
17
v.
35
no.
2018
243
262
https://jlr.sdil.ac.ir/article_79344_5278304672dcc14e1fb86c404fb2167f.pdf
dx.doi.org/10.48300/jlr.2018.79344
The Methods for Breaking Negotiating Impasses and Solving Petroleum Conflicts
Dr. Mohamad
Alikhani
Ph.D. in Oil and Gas Law from Shahid Beheshti University, Tehran
and LL.M. from University of Aberdeen, UK
author
text
article
2018
per
It is inevitable for the national oil companies and International oil companies to negotiate and reach agreements for accomplishing the supposed projects. To avoid the possible conflicts, the negotiation methods are the most appropriate ways which can be used in different contractual phases including prior to the conclusion of the contract, at the time of drafting and incorporating the terms into the agreement and at the time of performances of the contract. There are, however, a wide range of positions which can be taken by the parties during negotiation process that impede the parties to reach their agreement. Determining goals and considering variant alternatives, taking proper strategies suitable for the subject of the negotiation, incorporating appropriate terms in dispute resolution section, renegotiating disputed matters and managing the conflicts at the time of performance of the contract can assist the parties in breaking impasses during negotiation phases.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
17
v.
35
no.
2018
263
285
https://jlr.sdil.ac.ir/article_79345_89ea6128096dc32f397feeb4811323e9.pdf
dx.doi.org/10.48300/jlr.2018.79345
The Influence of Islamic Jurisprudence in the Formation of Common-Law
Dr. Borham Mohammad
Ataollah
Professor at the University of Alexandria, Egypt
author
Hamzeh
Amininasab
Ph.D. Student in Private Law, The University of Qom, Qom, Iran
author
text
article
2018
per
There are a lot of similarities between some common-law rules and Islamic jurisprudence. The survey of these rules in the light of Islamic jurisprudence, reveals the relationship between the two systems and shows that the emergence of these rules is the result of impact of common-law from Islamic jurisprudence rules. In this study, the historical circumstances and backgrounds of this influence and its scope in various issues investigated
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
17
v.
35
no.
2018
287
298
https://jlr.sdil.ac.ir/article_79346_d55958ad97e1b13bf4beb8483b0edeaa.pdf
dx.doi.org/10.48300/jlr.2018.79346