Belgium and the End of a Ten Years Dream of Universal Jurisdiction over International Crimes
Ali
Khaleghi
استادیار دانشکده حقوق و علوم سیاسی دانشگاه تهران، وکیل پایه یک دادگستری
author
text
article
2004
per
In 1993 and 1999 Belgium has recognised its universal jurisdiction over international crimes in order to prosecute the offenders in its tribunals. Facing with the problems arising from application of its absolute universal jurisdiction, Belgium has revised its legislation and limited and then omitted this large jurisdiction. The present article examines these laws and the its problems.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
6
no.
2004
11
31
https://jlr.sdil.ac.ir/article_44565_044349e5cb9dab77f6ec421599796415.pdf
Intervention of Judges for Controlling of Laws in Comparing to the Constitution (Comparative Law & Iran)
Abdollah
Khodabakhshi Shalamzari
قاضی دادگستری و دانشجوی دکترای حقوق خصوصی دانشگاه تهران
author
Nayyereh
Abedinzadeh Shahri
قاضی دادگستری
author
text
article
2004
per
Intervention of Judges for controlling of laws in comparing to constitution differ from country to other country. "Political control" and "Judicial review" are two method for this aim. In Iran, forecast of "shuraye neghahban", according to one opinion, forbid Judges from controlling of law and declaring of contradiction to constitution. In contrast with the opinion, we support the view that foresee rights and obligations of judges for this control.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
6
no.
2004
33
60
https://jlr.sdil.ac.ir/article_44566_e0f440985d4451fb06bb027126b22a9d.pdf
Security Council and Referral of the Situation in Darfur (Sudan) to the International Criminal Court
Seyed Ghasem
Zamani
استادیار دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبایی و معاون پژوهشی مؤسسه مطالعات و پژوهشهای حقوقی شهر دانش
author
text
article
2004
per
Security council on 31 March 2005, acting under chapter VII of the UN Charter, adopted Resolution 1593 referring the Darfur situation to the International Criminal Court. It is for the first time that the security council referred a situation to ICC. The International Commission of Inquiry on violations of international humanitarian law and human rights law in Darfur confirmed that mass violations of human rights and international humanitarian law have taken place in Darfur. It recommended, given the circumstances the referral of situation to ICC which is the sole body with jurisdiction which can impartially, effectively and rapidly bring to trial those who bear major responsibility for those crimes.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
6
no.
2004
61
90
https://jlr.sdil.ac.ir/article_44567_324ff4cd2e34bcf826afcde2d0fc0de9.pdf
Legal Analysing of the Iran-EU Agreement on Nuclear Program
Seyed Hossein
Sadat Meidani
دانشجوی دوره دکترای حقوق بینالملل دانشکده حقوق و علوم سیاسی دانشگاه تهران
author
text
article
2004
per
Islamic Republic of Iran and three European countries (France, Germany and England) Signed Paris Agreement on Iran's Nuclear Program on 14 November 2004. This article examines the agreement from legal points of view.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
6
no.
2004
91
105
https://jlr.sdil.ac.ir/article_44568_6b7840c2203c8dfbdc6ad9a49314b4b3.pdf
National Implementation of International Law and the Role of Iranian Courts
Nader
Saed
پژوهشگر و مدرس حقوق بینالملل
author
text
article
2004
per
The main issue discussed this article is the role of Iranian Judiciary in implementation of international conventional and customary obligations. The argues that the Iranian judiciary and its judges ought act their legal duty i.e.: settlement of disputes and punishment of unlawful behaviors within law framework, based on both domestic and international laws. However, the Iranian legal system has not completely developed in this aspect. In spite of art. 9 of Iranian Civil Code on acceptance legally binding force of treaties ratified by Iranian parliament, the status of international customary obligations of the state and their implementation by the courts is not clear. The author in particular in the light of responsibility, believes that implementation of international legally binding obligations in internal courts, is an established rule in the contemporary international law. Therefore, the Iranian legal system shall be developed in this case. The new Jurisprudence of a Tehran Public Court on obligatory status of implementation of the United Nations Charter and the relevant Security Council Resolutions for the Iranian courts has a legal consequence of its acceptance in the parliament, is the main focus here.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
6
no.
2004
107
125
https://jlr.sdil.ac.ir/article_44680_18954e486ba92370f428c5fbc742a6cf.pdf
Comparative Approach to crime of Bribery in the Legal Systems of France, Italy, Switzerland and China
Seyed Hossein
Hosseini
استادیار گروه حقوق دانشگاه فردوسی مشهد
author
text
article
2004
per
The main issue discussed this article is the role of Iranian Judiciary in implementation of international conventional and customary obligations. The argues that the Iranian judiciary and its judges ought act their legal duty i.e.: settlement of disputes and punishment of unlawful behaviors within law framework, based on both domestic and international laws. However, the Iranian legal system has not completely developed in this aspect. In spite of art. 9 of Iranian Civil Code on acceptance legally binding force of treaties ratified by Iranian parliament, the status of international customary obligations of the state and their implementation by the courts is not clear. The author in particular in the light of international responsibility, believes that implementation of international legally binding obligations in internal courts, is an established rule in the contemporary international law. Therefore, the Iranian legal system shall be developed in this case. The new Jurisprudence of a Tehran Public Court on obligatory status of implementation of the United Nations Charter and the relevant Security Council Resolutions for the Iranian courts has a legal consequence of its acceptance in the parliament, is the main focus here.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
6
no.
2004
129
146
https://jlr.sdil.ac.ir/article_44681_dc80cb5dd9655e7863db24f04168dddd.pdf
Necessity of Extending the Punishment of bribe to Non-Governmental Sector in the Iran's Criminal Code
Vahid
Eshtiagh
رئیس پژوهشکده حقوق شهر دانش
author
text
article
2004
per
In many countries it has been considered bribery for anyone to give or receive anything of value or any valuable service or promise with the intent to influence any person in the discharge of a legal duty. However in the Iranian Criminal System it isn't considered as a criminal conduct for persons other than public servants to recieve bribery.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
6
no.
2004
147
154
https://jlr.sdil.ac.ir/article_44684_1a146958881e4592926420aa5e03386b.pdf
Bankruptcy Fraud
Mansoor
Rahmdel
استادیار دانشکده حقوق و علوم سیاسی دانشگاه تهران
author
text
article
2004
per
Bankruptcy Fraud is one of the crimes which has been referred to it in Commercial Code but it's punishment has been determined in the Penal Code. A Fraud Bankrupt is a merchant who is not in fact Bankrupt but pretends to Bankruptcy by using fraud. The forms of using fraud have been calculated in section 549 of the Commercial Code. So, we can say that the Penal Code has followed the Trade Code from the point view of the Actus Reus.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
6
no.
2004
155
173
https://jlr.sdil.ac.ir/article_44690_7ccd2315752186cfea1886390de9e683.pdf
Considering Legal Aspects of Insider Trading in Security Markets (A Comparative study)
Seyed Elhamedin
Sharifi
استادیار دانشگاه بینالمللی امام خمینی (ره)، وکیل پایه یک دادگستری
author
text
article
2004
per
Investor Confidence in security markets depends the assurance afforded to investor that they are placed on an equal footing and that they will be protected against the improper use of Inside information. The aim of the insider Trading Law should not be to eliminate all information advantages, but to proscribe those advantages whose use would be improper, because their acquisition was not the result of skill or effort but of the mere fact of holding a particular position. The article aims to clarify elements of insider trading and prohibitions applicable to insiders. Then, the criminal nature of insider trading and it's effects to the contract will be discussed.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
6
no.
2004
175
202
https://jlr.sdil.ac.ir/article_44691_5618965b0931fe9ae213246f9782b433.pdf
Computer Fraud
Hasan
álipour
دانشجوی مقطع دکتری حقوق جزا و جرمشناسی
author
text
article
2004
per
Once computers became common in today's society, criminals began to employ them to commit a variety of offenses. The phrase "computer fraud" is used to describe stealing money or property by means of a computer: that is, using a computer to obtain dishonestly, property or credit or services or evade dishonestly some dept or liability.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
6
no.
2004
203
238
https://jlr.sdil.ac.ir/article_44694_a13785299ad635ea0abaffc7d8b0486c.pdf
Reflections on Proposed Draft of the Ministry of Commerce for Amendments of Iran's Commercial Code
Behrooz
Akhlaghi
دانشیار دانشکده حقوق و علوم سیاسی دانشگاه تهران
author
text
article
2004
per
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
6
no.
2004
241
259
https://jlr.sdil.ac.ir/article_44695_ffbbe87ddc01f5c7ba8b44557127e447.pdf
A More Secure World: Our Shared Responsibility (The report of the High-Level UN Panel on Threats, Challenges and Change)
Amir Saed
Vakil
کارشناس ارشد حقوق بینالملل
author
text
article
2004
per
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
6
no.
2004
261
290
https://jlr.sdil.ac.ir/article_44697_f242e82f365e81b4497aa25c81d33aca.pdf