Integration of Islamic Countries and Specially Iran into International Legal-Economic System and its Challenges
Behrooz
Akhlaghi
دانشیار دانشکده حقوق و علوم سیاسی دانشگاه تهران، وکیل پایه یک دادگستری
author
text
article
2004
per
There is observed an increasing urgent need for integration of developing countries into the international economic-legal system and WTO. As a matter of fact, these countries are confronted with manychallenges in this way, but we must bear in mind that joining the WTO is not a solution for all their economic problems. They must want it and stick to their wills and determination and employ all best efforts for developing their countries. It may be useful to choose South Korea as a model in this regard.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
11
28
https://jlr.sdil.ac.ir/article_44698_5f62a49e55b4c214545aa75ff24966bc.pdf
Public Hearing in the Light of International Instruments and National Law
Ali
Khaleghi
استادیار دانشکده حقوق و علوم سیاسی دانشگاه تهران، وکیل پایه یک دادگستری
author
text
article
2004
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Public hearing is one of the important guarantees in criminal proceedings which is emphasized in the Constitutions of several countries and different international instruments. This principle is also included in the Iranian Constitution and in the international Covenant on civil and political rights, approved by the Parliament, hence it has a remarkable place in our legal system. However, sometimes the Iranian legislator has not completely respected this essential principle, and restricted its scope. The present article aims to clarify the foundation and content of this principle and to show its limitations in Iranian law.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
29
49
https://jlr.sdil.ac.ir/article_44700_c97d0a0db691da4a877f06282a739378.pdf
Judicial Interpretation of the Iranian Constitution and the Practice of the Administrative Court of Justice
Parvaneh
Tila
مدیر گروه مطالعات و پژوهشهای حقوق عمومی در اداره کل پژوهش ریاست جمهوری
author
text
article
2004
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In the Iranian law as any other written legal system, the Constitution is the highest source of laws and therefore any contradictory laws would be void and illegal. In order to guarantee the respect of superior rules or laws by the regulations adopted by the Executive power, several legal supervisions have been established. This article analyzes the role of the Iranian Court of Administrative Justice (CAJ) (Divan -e- Edalat -e- Edari) in this way. The author believes that interpretative function is not only through the formal interpretation by the Iranian Guardian Council (Shora -ye- Negahban) but also through the jurisprudence i.e., practice of (at least, administrative) judges and Judicial power. The practice of the CAJ emphasizes its judicial interpretation of the Constitution and insists on the supremacy of the Constitution.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
51
72
https://jlr.sdil.ac.ir/article_44702_f763370efcc5283f03007368d7c493c2.pdf
International Court of Justice and the Advisory Opinion on Legal Consequences Arising from Construction of the Wall by Israel in the Occupied Palestinian Territory
Amin
Zarefar
author
Hamid
Hashemi
دانشجویان دوره دکترای حقوق بینالملل دانشگاه تهران
author
text
article
2004
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On 8 December 2003 and at its Tenth Emergency Special Session United Nations General Assembly adopted Resolution ES-10/14 requesting International Court of Justice for an Advisory Opinion on legal consequences arising from construction of the wall by Israel in the occupied Palestinian territory. On 9 July 2004 the Court issued its Advisory Opinion while recognized its jurisdiction. In accordance with United Nations Charter, General Assembly Resolution 2625, the principle of self-determination of people, human rights and humanitarian law conventions, the Court concluded that the Wall was illegal and so had to be ceased immediately and Israel had to compensate. Moreover, other states have obligation not to recognise that situation and to promote realization of the principle of self-determination of people, to ensure respect for regulations of forth Geneva conventions (1949) and United Nations has obliged to adopt further measure in this matter.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
73
102
https://jlr.sdil.ac.ir/article_44705_a3f24d8b0df703be46103dbbac488cff.pdf
The New Resolution of the IAEA Board of Governors on Iran, An Assessment of the Respect for International Law
Nader
Saed
دانشجوی دوره دکترای حقوق بینالملل دانشگاه تهران
author
text
article
2004
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On 18 September 2004, the IAEA Board of Governors adopted a resolution on "The Implementation of the NPT Safeguard Agreements in I.R. of Iran". This article examines analytically the resolution as a practice of the IAEA in light of public international law. It concluded that this practice of the Board is contradicted with well-established principles of international law.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
103
118
https://jlr.sdil.ac.ir/article_44707_03a2b89f3f443a52144a4aa3d7d89faa.pdf
Concept, Legal Nature and Formalities of Buy Back Investment Contracts
Javanmard
Sadeghi
کارشناس ارشد حقوق خصوصی
author
text
article
2004
per
Buy Back investment contracts play an increasing role in foreign investment in Iran specially in the petroleum industry. These contracts have a sui generis concept, legal nature and formalities, which are analyzed in this article.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
118
134
https://jlr.sdil.ac.ir/article_44708_638c59d3363aa33d778c500ff3cc2899.pdf
The Protection of Patents in the World Trade Organization
Amir Saed
Vakil
کارشناس ارشد حقوق بینالملل
author
text
article
2004
per
Ideas and knowledge have an important role in trade. Patents protection as an area covered by the TRIPS agreement in WTO must be available for inventions both products and process in almost all fields of technology. The agreement describes the minimum rights that a patent owner must enjoy, but it also allows certain exceptions.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
135
151
https://jlr.sdil.ac.ir/article_44710_0f4e918502d63cbd22c16ca8dde68efd.pdf
Methods of Restitution of Contractual Obligation Breach in the International Sales of Goods Convention
Mohsen
Sadeghi
دانشجوی دوره دکترای حقوق خصوصی دانشگاه تهران
author
text
article
2004
per
Articles 74 to 77 of the International Sales of Goods Convention 1980 are allocated to "breach of contract damages". Declaring a general rule, article 74 speaks about necessity of resorting damages and art. 75 & 76 consider the substitute transaction and the current price as two methods of restitution. Art. 77 points to "mitigation of loss". According to this rule, if the damaged party fails to mitigate, he is not liable to claim damages in the amount by which the loss should have been mitigated. Principles of UNIDROIT, PECL, French and Iranian Law about compensation of contractual obligation breach are different from the provisions of the Convention.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
153
177
https://jlr.sdil.ac.ir/article_44712_035dc1947f0ca90f6cea9709c59a5647.pdf
The Prosecution of Senior State Officials in National Tribunals for International Crimes (Some Comments on the Congo v. Belgium Case)
Antonio
Cassese
author
Hamid Reza
Javidzadeh
دانشجوی دوره دانشپذیری دکترای حقوق بینالملل دانشگاه پیام نور
author
text
article
2004
per
The recent decision of the international Court of justice has certainly cleared an obscure domain of international law, i.e. personal immunity of ministers of foreign affaires. Nevertheless, some conclusions of the Court are open to criticism. The Court, not only has refused to declare its position on the universal jurisdiction of the national tribunal, but also has not made a distinction between functional and personal immunities. It results that, according to the Court, the ministers of foreign affaires could be prosecuted, after the period of their functions, for the international crimes committed during their functions if these crimes are considered as the private acts.
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
179
204
https://jlr.sdil.ac.ir/article_44717_0e99da2bb3125249c0d8d2de4dff98eb.pdf
Legal Aspects of Capital in Joint-Stock Companies (Round-table)
text
article
2004
per
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
207
220
https://jlr.sdil.ac.ir/article_44725_4c5cb63701263ac3c9304c37496376a1.pdf
The Necessity of Amendment of Iranian Commercial Code Concerning Minimum Capital of Joint-Stock Companies
Vahid
Eshtiagh
رئیس پژوهشکده حقوق شهر دانش
author
text
article
2004
per
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
221
228
https://jlr.sdil.ac.ir/article_44726_b0d922c6ea98a1b0c9f258a3e713e2e5.pdf
The Rights of Minority Shareholders in Merger or Consolidation of Corporations
Ahmad
Beigi Habibabadi
قاضی دادگستری
author
text
article
2004
per
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
229
251
https://jlr.sdil.ac.ir/article_44727_9f7b2db5e6ad8945cef915976b08c2d2.pdf
Control of the Activities of Directors by Governmental Agencies in English and Iranian Legal Systems
Seyed Elhameddin
Sharifi
استادیار دانشگاه بینالمللی امام خمینی (ره)، وکیل پایه یک دادگستری
author
text
article
2004
per
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
253
272
https://jlr.sdil.ac.ir/article_44728_b57dde1c92e8fcccf44c6cb199cce2d9.pdf
Legal Formalities for Transfer of Shares in Joint-Stock Companies
Saeed
Safian
کارشناس ارشد حقوق خصوصی
author
text
article
2004
per
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
273
286
https://jlr.sdil.ac.ir/article_44729_cf63eabd79aebf0f25cd25b351016670.pdf
Reflections on UN Security Council Resolution 1559 on Lebanese Sovereignty and Withdrawal of Foreign Forces
Seyed Ghasem
Zamani
معاون پژوهشی مؤسسه شهردانش، استادیار دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائی
author
text
article
2004
per
Journal of Legal Research
Shahr-e- Danesh Research And Study Institute of Law
1682-9220
3
v.
5
no.
2004
289
298
https://jlr.sdil.ac.ir/article_44730_ad9e598f37cff81b312db56c9fa7b772.pdf