Saddam's Trial and the Question of Jurisdiction in National and International Law
Ali
Khaleghi
استادیار دانشکده حقوق و علوم سیاسی دانشگاه تهران، وکیل پایه یک دادگستری
author
text
article
2003
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The capture of Saddam Hossein, former president of Iraq, has raised seriously the question of his trial for the crimes that he has committed against the Iraqi people during his reign and against his neighbors on the occasion of his aggressions to Iran and Kuwait. Considering the great harms inflicted to Iran and the damages to the international public order, the peace and the security of international community caused by Saddam, this article treats respectively the jurisdiction of Iranian tribunals and the international penal instances to try the seniors of former Iraqi regime. After examining the effectives and restrictions of these systems, the article tends to show the way, which appears to ensure better a fair trial for all defendants in order to protect their rights to defence and the rights of the victims.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
2
v.
4
no.
2003
11
42
https://jlr.sdil.ac.ir/article_44781_1ddf1ce1825db4100b97d4e4b1450aa8.pdf
Judgment of the International Court of Justice in the Oil Platforms Case: Judicial Diplomacy in International Justice
Seyed Jamal
Seifi
دانشیار دانشکده حقوق دانشگاه شهید بهشتی، وکیل پایه یک دادگستری
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text
article
2003
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After 11 years, finally on 6 November 2003 the International Court of Justice delivered its Judgment on the merits of the Oil Platforms Case between Iran and the United States. In the Judgment, the Court dismissed Iran's claim that by attacking and destroying Iranian oil platforms on 19 October 1987 and 18 April 1988, the United States interrupted the freedom of commerce between the territories of the two countries and breached its obligations under Article 10 (1) of the 1955 Treaty of Amity between Iran and the United States. Thus, the Court rejected Iran's claim for compensation. In the meantime, however, the Court found that the actions of the United States in attacking Iranian oil platforms did not constitute a measure for protection of fundamental security interests of the United States from the point of view of Article 20(1)(d) of the Treaty of Amity as interpreted in the light of principles of international law relating to the use of force, there by indicating, implicitly, that the US actions were an unlawful use of force under international law. However, as explained above, the Court did not allow Iran's claim for compensation. The Court also rejected United States counterclaim that in allegedly attacking the US ships in the Persian Gulf in the later part of Iran-Iraq war, Iran interrupted freedom of commerce between the territories of the two countries and beached its obligations under Article 10(1) of the Treaty of Amity. Thus, the Court rejected the US claim for compensation. Although the final Judgment of the Court did not satisfy the formal claim of either party, the judicial diplomacy of the Court may be seen within the general context of the international system and in the light of reiteration of the importance of the rules of international law for international peace and security. In addition, the Court's Judgment contains innovations in the international judicial process and creates certain questions in that regard. In particular, the legal effect of the Court's finding with respect to non-compliance of the US actions with Article 20(1)(d) of the Treaty Amity deserves independent analysis.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
2
v.
4
no.
2003
43
76
https://jlr.sdil.ac.ir/article_44785_dd660c9ae3e9995d4152452314d34820.pdf
Construction of the Wall in Palestinian Occupied Territories: The Question of its Legitimacy in the Shadow of Human Rights and Humanitarian Law
Victor
de Currea-Lugo
دکترای مطالعات امریکای لاتین و نویسنده کتاب: Derecho International Humanitario y sector salud: el caso colombiano, ICRC, Bogota, 1999.
author
Translated by S. Hossein
Sadat Meidani
دانشجوی دوره دکترای حقوق بینالملل دانشگاه تهران
author
text
article
2003
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Non fulfillment of international obligations by the Israel regime in the occupied territories takes the new dimensions everyday. The construction of a wall separating these territories in two sections, on the pretext of fighting terrorism and protecting the security of Israel, is completely against most international standards of human rights and humanitarian law. Written in January 2004, this article examines the legitimacy of construction of the wall from international law point of view.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
2
v.
4
no.
2003
77
105
https://jlr.sdil.ac.ir/article_44786_e55c1dcbc936761ce04216ac3538e6dc.pdf
Multilateral Investment Guarantee Agency (MIGA) and Standards of Foreign Investment
Masoud
Sabour
کارشناس ارشد حقوق بینالملل
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text
article
2003
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Foreign investment plays an essential role in economic development of every country, specially in developing and less developed countries. However non-commercial risks, such as currency transfer, expropriation and similar measures, breach of contract, war and civil disturbances are important factors which impede foreign investments. The Multilateral Investment Guarantee Agency as a member of World Bank Group was established in 1988. MIGA can plays an important role in the encouragement of foreign investment complementing national and regional investment guarantee programs and private insurers of non-commercial risks.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
2
v.
4
no.
2003
107
132
https://jlr.sdil.ac.ir/article_44787_9eb1f9e20ee6b476334e1e2c5586e6e9.pdf
How to Apply the Principle of Non-Refoulement in front of War Refugees?
Fatemeh
Kayhanloo
دانشجوی دوره دکترای حقوق بینالملل دانشگاه تهران
author
text
article
2003
per
The principle of non-refoulement of refugees to their country is well established in conventional and customary international law. However, the rights of states to protect their national security has provoked some challenges in this regard specially in the occasion of large vague of war refugees.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
2
v.
4
no.
2003
133
153
https://jlr.sdil.ac.ir/article_44788_45cc586b01b1388d8faa69064100c576.pdf
Legal Nature of Bank Guarantee in the Iranian Law
Alireza
Masoudi
وکیل پایه یک دادگستری
author
text
article
2003
per
Bank guarantee is a document, which is issued by the bank and by which the bank undertakes to pay the mentioned sum of guarantee to the beneficiary in case of original promissor's violation and failure. However, in the Iranian civil code a contract of guarantee has many differences with bank guarantee in International Trade. The nature of bank guarantee in the Iranian legal system has been discussed in this article.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
2
v.
4
no.
2003
155
188
https://jlr.sdil.ac.ir/article_44789_c1c33a8f15cdf5600a233b78ce54361d.pdf
Nuclear Security and Non-Proliferation in International Customary Law
Nader
Saed
دانشجوی دوره دکترای حقوق بینالملل دانشگاه تهران
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text
article
2003
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Non-proliferation, in its strictly meaning, is a system for the control andprevention of making new nuclear states. While the Nuclear Non-Proliferation Treaty (NPT) has been enforced for more than three decades and the UN Security Council as well as the IAEA Board of Governors have issued many resolutions on this matter, they could not transform it into UN international customary norm. This Article analyzes the non-proliferation regime and its international legal nature as a conventional or customary norm. The author believes that the discriminatory rights and duties of the NPT's state parties that is unconformity with the equal sovereignty of states, have impeded the opinio juris necessary to formation of a custom as an important part of international community. In addition, enforcing a system by some states under an inevitable condition and within a political impulsion environment can not necessarily emerge the opinio juris or collective opinion in the international community.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
2
v.
4
no.
2003
191
219
https://jlr.sdil.ac.ir/article_44790_6e7319ff445491dd80bc1c7ddf80ca93.pdf
Nuclear Weapons as point of Coincidence of Jus ad bellum and Jus in bello
Hasan
Savari
دانشجوی دوره دکترای حقوق بینالملل دانشگاه Pierre Mandes France
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text
article
2003
per
As a fundamental principle, the use or treat to use of force is prohibited in international relations. Self-defence and UN collective security system are the only exceptions of this principle. Weather International Humanitarian law is high developed and stabilized which affects the use or treat to use of Nuclear weapons even in the self defence. The issue is studied in the shadow of advisory opinion of ICJ (1996).
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
2
v.
4
no.
2003
221
242
https://jlr.sdil.ac.ir/article_44791_954f30ceb4be8a3ce03cd9b5111f6321.pdf
The Place of Provisional Application of the Additional Protocol to NPT in the Iranian Legal System
Parvaneh
Tila
کارشناس ارشد حقوق عمومی
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text
article
2003
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A treaty or a part of it may be applied provisionally before its entry into force, if it is so provided or if the negotiating states have in some other manner so agreed. On 12 September 2003, IAEA Board of Governors adopted a resolution about the application of the NPT safeguards agreement in the Islamic Republic of Iran. In paragraph 6 of the resolution, IAEA requests Iran to work with the Secretariat promptly and unconditionally, to sign, ratify and fully implement the additional protocol as a confidence-building measure, henceforth to act in accordance with the additional protocol. Iran agreed to sign the additional protocol, and has provisionally applied it. The current issue has been studied in the constitutional law of Iran.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
2
v.
4
no.
2003
243
263
https://jlr.sdil.ac.ir/article_44792_f2cfb3514605b0d9814098d149ecf3f1.pdf
The Protection of Nuclear Installations in Armed Conflicts
Mohsen
Abdollahi
دانشجوی دوره دکترای حقوق بینالملل دانشگاه شهید بهشتی
author
text
article
2003
per
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
2
v.
4
no.
2003
265
293
https://jlr.sdil.ac.ir/article_44808_51125364c2fc421b518cf0d333c9f04e.pdf
Decision of the General Board of the Supreme Court about Hearing of Insolvency Claim Before Imprisonment in Context of Iran's International Obligations
Seyed Ghasem
Zamani
معاون پژوهشی مؤسسه شهر دانش، استادیار دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبایی
author
text
article
2003
per
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
2
v.
4
no.
2003
297
305
https://jlr.sdil.ac.ir/article_44810_03d9dc7a40421ece11a2257c4f97331c.pdf