European Arrest Warrant and its Impact on Extradition Law in the European Union
Ali
Khaleghi
استادیار دانشکده حقوق و علوم سیاسی دانشگاه تهران، وکیل پایه یک دادگستری
author
text
article
2005
per
Extradition is one of the old measures of international judicial assistance in criminal matters which is agreed in bilateral and multilateral conventions. As a result of the increase of transnational offences in Europe, the member states of the European Union have faced to a new challenge in combating these offences and insufficiencies of classic procedure of extradition has been revealed. Facing this situation, the member states of the European Union have replaced European arrest warrant to extradition. The new mechanism does not have the restrictions of extradition and has caused an evolution in extradition law in these countries. The present article examines the above-said restrictions and the evolution which is appeared in this matter.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
4
v.
7
no.
2005
13
28
https://jlr.sdil.ac.ir/article_44546_913390a2d1fd281c065379920bd227e6.pdf
Protective Victimology in Light of "The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power"
Mehrdad
Rayejian Asli
دانشجوی دکترای حقوق کیفری و جرمشناسی دانشگاه شهید بهشتی
author
text
article
2005
per
Although studying crime victims primarily emerged within the framework of a negative perspective emphasizing upon blameworthy of victims in the criminal incident, it is more than three decades that attentions have been addressed to protecting these vulnerable persons. "Protective Victimology", thus, is considered as one of the most recent approach in criminological literature, which is gradually becoming an independent discipline in the field of criminal sciences. Meanwhile, it's international aspect, which followed on the globalization movement, has made it to be at the centre of attention at the policy-making level and a significant concern of criminal policies. Following victimological researches in many countries, the United Nations made special efforts to codify the international principles and standards on victim protection. The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power is regarded as the most eminent of such efforts and assumed as a charter containing the global standards within the framework of a protective victimology. The present article reviews the Declaration overall.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
4
v.
7
no.
2005
29
53
https://jlr.sdil.ac.ir/article_44547_745f089c858a62f7a66b653d691aaa19.pdf
The Impact of Peremptory Norms on the Interpretation and Application of United Nations Security Council Resolutions
Alexander
Orakhelashvili
author
Seyed Ghasem
Zamani
استادیار دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبایی، معاون پژوهشی مؤسسه مطالعات و پژوهشهای حقوقی شهر دانش ( مترجم و محقق)
author
text
article
2005
per
The United Nations Security Council is the most powerful institutional body ever established at the global level. Its existence and powers, as based on the United Nations Charter, Firmly evidence the support of the entire international community. At the same time, the will of the international community as a whole can be expressed at different levels and in different ways. In today's international law, there can be little doubt that the international community as a whole attaches special importance and effects to peremptory norms of general international law (jus cognes) and endows them with high status. The interaction between those high-ranking norms and the powers of the Security Council is therefore among the most central issues of international law. Bearing all this in mind, this article will examine the scope and legal effects of the legal limitations imposed on the Security Council by the operation of peremptory norms.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
4
v.
7
no.
2005
55
98
https://jlr.sdil.ac.ir/article_44548_3add9e043f1e37b5d7ce2b44a6107dc1.pdf
Concept, Kinds and Rules Governing Public Contracts
Manuchehr
Tabatabai Motameni
استاد دانشکده حقوق و علوم سیاسی دانشگاه تهران
author
text
article
2005
per
Contracts and transactions are considered as important issues in the civil code of Iran. However, public contracts that concluded between the state and a private person pose some complicated problems in public spheres. It is obvious that a state remains a state even if it acts as a party of a contract. In this article, the concept, different kinds and general rules governing public contracts such as petroleum concessions, labour contracts, banking contracts, insurance and... are examined.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
4
v.
7
no.
2005
99
127
https://jlr.sdil.ac.ir/article_44549_25e08107a2b601e502604e1ab51ea6ae.pdf
An outline to Iranian Legal System on the Foreign Investment
Mostafa
Mandegar
دانشجوی دکترای حقوق خصوصی دانشگاه تهران
author
text
article
2005
per
According to historical data, the Iranian government turned to heavy borrowing from Western financial institutions. In most cases, these were utilized for lavish consumption purposes. Many of these carried clear monopoly rights which conferred a somewhat unpleasant connotation to the term "Concession" in the eyes of most Iranian saw this as mortgaging the country for a pittance. Disappointing though the fates of these venturers proved to be, they gave the country a pool of experience about positive and negative sides of foreign economic participation and the need to approach it in a systematic way. Consequently, enacting of the basic regulations as the foreign investment was made subject to a new set of requirements. In 1955, the first law was entitled "Law for the Attraction and Protection of Foreign Investment" (LAPFI). According to this law foreign direct investment in Iran is only allowed through participation in the equity capital of existing legal entities of newly created joint ventures. The legal facilitates, as it turned out, were contained through the subsequent regulations concerning foreign investment in Iran under the name of "Foreign Investment Promotion and Protection Act" (FIPPA) was ratified by the parliament in 2002. FIPPA's Replacement of LAPFI has further enhanced the legal framework and operational environment for foreign investors in Iran.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
4
v.
7
no.
2005
129
157
https://jlr.sdil.ac.ir/article_44550_425c2969392d87346bf3aa62e29054ff.pdf
The Constitutionality and Role of Judges in Iranian Law
Parvaneh
Tila
مدیر گروه مطالعات و پژوهشهای حقوق عمومی در اداره کل پژوهش ریاست جمهوری
author
text
article
2005
per
The Rule of Law requires that any decision-makers including the Parliament obey the superior laws. Different legal systems established two political (French) and judicial (American) methods to control of acts of Parliaments. In Iranian public law, Shora-ye-Negahban (the Constitutional Council) is primarily responsible to review the parliamentary acts in order to insure their non-contradiction to the Constitution and Islamic provisions. But nonetheless, do the Judges have any right or responsibility to control the acts of Parliament during the judicial process and their judgments? Could we find any legal pretext to suspend or other non-observations of these laws by the judges? In the practices, constitutional interpretations and doctrine, the merely political control and review of parliamentary acts by the Council, has been affirmed but some said yes to these questions currently. This article, analyzes the new but uncommonly thoughts on the role of judges in Iranian constitutionalism.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
4
v.
7
no.
2005
159
181
https://jlr.sdil.ac.ir/article_44551_b15df1becec403791f4f8db2e3f001f8.pdf
Legal Aspects of Internet Banking
Mostafa
Elsan
دانشجوی دکترای حقوق خصوصی دانشگاه شهید بهشتی
author
text
article
2005
per
Appearance and development of "Internet" has led to developing in "Electronic Commerce". In spite of strength threats, in view of security and illegally access to computer systems, chances in this means of communication and interchange, have preferred it to traditional systems. However, because of the importance and strategic concept of banking and monetary systems, movement in this field is very carefully and slow. Therefore, the successful experience of governmental and non-governmental entities in internet banking, indicate the essence of use of this structure to facilitate and expedite electronic commerce. In this paper, we discuss, in legal perspective, the threats and chances of internet banking.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
4
v.
7
no.
2005
185
208
https://jlr.sdil.ac.ir/article_44552_4c561fe34d73b8e1e6955aeba0abe140.pdf
Discussion of Principle Agent Theory in Banks on behalf of Depositors in Banking Deposits
Seyed Elhameddin
Sharifi
استادیار دانشگاه بینالمللی امام خمینی (ره)، وکیل پایه یک دادگستری
author
text
article
2005
per
Islamic precepts influence the structure and activities of Islamic banks and prohibit them against the payment and receipt of a fixed or predetermined rate of interest. In these banks, such as Iranian banks, the interest-based banking system is replaced by profit-loss sharing system. In granting credits and receiving profit, they use participating contracts such a Joale, Hire-Purchase and participation, instead of loan contracts and in profit-payment to the depositor, used the principle-agent theory. But the theory, for it's unreal nature, is unbiased to the parties intention and is insufficient to regulate the banks and depositors relationship. Moreover, the theory have effects, that can not be applied in normal banking Policy.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
4
v.
7
no.
2005
209
222
https://jlr.sdil.ac.ir/article_44554_340afa4ec5cc37c903fb4eadaa3467a7.pdf
Binding Character of Contracts on Credits Granted by Banks and it's Ambiguities
Saeed
Safian
کارشناس ارشد حقوق خصوصی
author
text
article
2005
per
According to Iranian legislation on banking operations without interest, it is recognized that the contracts on credits granted by banks have a binding character. However, under the amendment of this legislation, this character is depending upon agreement of the parties and absence of dispute on the contract. The ambiguities arising out of the amendment have been studied in this article.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
4
v.
7
no.
2005
223
235
https://jlr.sdil.ac.ir/article_44556_6089ba89941d60ebf0a99c3ae6028648.pdf
Settlement of Disputes in International Bank Guarantees
Mohsen
Mohebbi
کارشناس ارشد حقوق خصوصی، وکیل پایه یک دادگستری
author
text
article
2005
per
As an important financial instrument, bank guarantees are issued to secure international contracts. The characteristics of bank guarantee, in particular the principle of independence of guarantee from underlying contract require a particular definition of this instrument and as a private contract subject to the law of obligations, in general. The claims arising out of bank guarantees are to large extent co-related to its vary character and the principle of independence of guarantee from the basic contract. The two more important issues of such claims before the courts are the question of applicable law and competent court. In this article, these two questions are discussed in details. Hire-Purchase Contract and Barriers to it's Development in the Iranian Banking System Gholam Reza Moini Despite being new, Hire-Purchase is a contract which has been expanded a lot and many people whether governmental or private even in international level conclude this type of contract. Furthermore, one of the means of granting the credits to persons in the Iranian banking system is Hire-Purchase contracts. The contract has many special capabilities, hence Iranian legislator considered it as an appropriate means for granting of banking facilities. However some problems have raised barriers to development of Hire-Purchase contracts in the Iranian banking system.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
4
v.
7
no.
2005
237
270
https://jlr.sdil.ac.ir/article_44557_13366b139e8cde82150e0160a2aa4767.pdf
Hire-Purchase Contract and Barriers to it's Development in the Iranian Banking System
Gholam Reza
Moini
کارشناس ارشد حقوق خصوصی، وکیل پایه یک دادگستری
author
text
article
2005
per
Despite being new, Hire-Purchase is a contract which has been expanded a lot and many people whether governmental or private even in international level conclude this type of contract. Furthermore, one of the means of granting the credits to persons in the Iranian banking system is Hire-Purchase contracts. The contract has many special capabilities, hence Iranian legislator considered it as an appropriate means for granting of banking facilities. However some problems have raised barriers to development of Hire-Purchase contracts in the Iranian banking system.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
4
v.
7
no.
2005
271
296
https://jlr.sdil.ac.ir/article_44558_df10f51a35c010388f3bc1ec5ad1a2d4.pdf
UN International Law Commission and Iranian Lawyers
Hossein
Sharifi Tarazkoohi
مدرس دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبایی
author
text
article
2005
per
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
4
v.
7
no.
2005
299
306
https://jlr.sdil.ac.ir/article_44559_91008f1d47b2a2b251b620f5404169cf.pdf