The Simulation of U.S. Military Action against Syria within the Framework of International law
Masoud
Rezaei
Ph.D. in International Relations, Islamic Azad University, Isfahan, Iran
author
text
article
2016
per
Abstract
The purpose of this article is to discuss the legal implications of the use of force by the U.S. against Syria in 2013, and various other legal issues relevant to the conflict in Syria. The U.S. believes that the use of chemical weapons worsens the humanitarian crisis in Syria, and therefore humanitarian intervention under Responsibility to Protect is justified. The key question after the chemical attack in Syria is that the military action by the U.S. against Syria can be justified in terms of international law? The more important question is whether anything about the use of chemical weapons provides a distinct legal ground for action. Because of this, discussion focused on the legality of humanitarian intervention in non-international armed conflicts as well as the arguments surrounding the responsibility to protect. But in this debate, we argue thaht what are the arguments that the United States can make in favor of the international legality of such action, and what are the arguments against? Formalist and pragmatic approaches to international law provide very different answers.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
2
no.
2016
1
31
https://jls.shirazu.ac.ir/article_3801_c609c8f5ed87e51138c5a0be8ebc92a2.pdf
dx.doi.org/10.22099/jls.2016.3801
Different scenarios of Jurisdictional Conflicts in International Criminal Law in light of ICC Rome Statute
Behzad
Razavifard
Associate Professor in Criminal Law and Criminology, Allameh Tabataba’i university, Tehran, Iran
author
Nima
Nasrollahi Shahri
Ph.D. Student in International Law, Allameh Tabataba’i university, Tehran, Iran
author
text
article
2016
per
Abstract The jurisdiction of the International Criminal Court is complementary in relation to the contracting states of the Rome Statute. This, however, only deals with possible conflicts of jurisdiction with national courts, while, at least in theory, several types of conflicts are imaginable. In this article, after discussing jurisdiction in general in international law, several types of conflicts of jurisdiction that might arise as a result of the establishment of the ICC are studied. In particular, possible conflicts of jurisdiction with ad hoc tribunals and truth finding commissions are discussed. It must, however, be admitted that using the word conflict may not be strictly correct with regrd to truth finding commissions since they are not judicial organs in the true sense of the word, but conflict in this article concerns the recognition of amnesties granted by such commissions. Possible answers have been provided based on the Rome Statute. In some cases, finding an answer requires construing the statute flexibly.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
2
no.
2016
33
57
https://jls.shirazu.ac.ir/article_3802_49d0e65d59f93de2d1d25b7423ca34bf.pdf
dx.doi.org/10.22099/jls.2016.3802
Extension of Arbitration Agreement to third party
majid
Sarbazian
Assistant Professor in department of private & Islamic law, Faculty of law & political science, Shiraz University, Shiraz, Iran
author
Soheyla
Ranjbari
M.A in Private Law, Shiraz University, Shiraz, Iran
author
text
article
2016
per
Abstract Now, the common method of resolving dispute in international trade is arbitration; because unlike judicial proceeding, the quality of investigations is in available of the parties. Usually, arbitration agreement is stated in tow forms: in principal contract or separate contract. Since the settlement of disputes through arbitration is amounted an exception to judicial proceeding, consent of the parties that is essential must be confirmed,otherwise, arbitration is invalid. So, the question is that how can extend the arbitration agreement to person who have not signed it but in a way related to this contract or interest in it. To this extension, have already been put forward ideas that are: estoppel, group of companies, representation, assumption, referenceand hybrid theory. Of these comments, the doctrine of estoppel more than others emphasize on consent and so is more consistent with our legal principles.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
2
no.
2016
59
85
https://jls.shirazu.ac.ir/article_3803_ea88f0e64320ac65cf258bf1a9e5bc05.pdf
dx.doi.org/10.22099/jls.2016.3803
The Components of the Right to Freedom of Expression in International Human Rights System
Abdolmajid
Soudmandi
Assistant Professor In Public Law, Payam Noor University, Yaz, Iran
author
text
article
2016
per
Abstract It can be said that the right to freedom of expression, which is prerequisite to enjoy other human rights, is reflected in the first national and international human rights documents. However, the definition of this right and the emphasis on its different components has changed over the time. But it can be claimed that most of the universal and regional documents on human rights have offered very similar definitions of this right. Acording to these definitions, the right to freedom of expression is the right of "every person" to express their "information" and "ideas" with "any Medium" and even "over the domestic borders". However, some documents such as "the Cairo Declaration on Human Rights in Islam" have not stipulated all of the components of the right to freedom of expression and have not presented a transparent definition. But these documents cannot violate the above definition, because these documents are not binding and signatory States of them have ratified the international instruments on freedom of expression, especially International Covenant on Civil and Political Rights.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
2
no.
2016
87
114
https://jls.shirazu.ac.ir/article_3804_87b810c984941c539208180e3ea86cea.pdf
dx.doi.org/10.22099/jls.2016.3804
Extraterritorial Application of Mandatory Laws: Considering the Case of Antitrust Rules in Law on Implementation Of General Policies Of Principle (44) Of Iranian Constitution Law
Sayed Mohammad
Tabatabae Nejad
استادیار دانشکده حقوق و علوم سیاسی دانشگاه تهران
author
text
article
2016
per
A globalized economycauses the effect of antitrust actions more extraterritorial. This extraterritoriality shall be accounted by necessary measures.To have this performed countries need to consider the actions that occur in another country. This extraterritorial application of national law causes some issues in both national and international atmosphere. This article aims to analyze the approach of other legal systems in application of antitrust law and to suggest a good approach for Iranian law. At last we conclude that the scope of application of law shall be determined with emphasis of spirit of the law and help the jurisprudence to develop the approaches.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
2
no.
2016
115
146
https://jls.shirazu.ac.ir/article_3805_6e5d4cce968630b3eb9f050b45ab7d79.pdf
dx.doi.org/10.22099/jls.2016.3805
The State Responsibility for Commission of Genocide: Confrontation or Interaction with Transitional Justice Process
Sattar
Azizi
دانشیار حقوق دانشگاه بوعلی سینای همدان
author
Mohammad
Hadji
دانشآموخته کارشناسی ارشد حقوق بینالملل دانشگاه علامه طباطبایی تهران
author
text
article
2016
per
Abstract International court of justice has declaredin the genocide case (Bosnia and Herzegovina v. Serbia and Montenegro) that the genocide convention involves the state obligation of non- commission of this crime as well as adoption of individual criminal responsibility. This finding has been criticised by many jurists. They consider such interpretation is indicator of state criminal responsibility and would prolong cycle of group hate and will make disturbance in realization of the transitional justice process . Traditional approach of transitional justice with an exclusively emphasize on the mechanism of the punishment of individual perpetrators of the international crimes as a heritage of Nuremberg trails marginalized others mechanisms including holding state responsibility due to absence of any clear distinction between collective guilt and collective responsibility. But state responsibility for commission of genocide not only in conflict with the goals of transitional justice but also it is contributing to realization of that process, because by recognition of civil responsibility of state on one side it would be compensate any the damages suffered to victims and on other side it imposing collective responsibility on all citizens of convicted state which is result of legal Responsibility for taking part or be silence in commission of crimes and by providing an unifiednarrative on committed crimes rectify weaknesses of the case by case trails byinternational Criminal courts.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
2
no.
2016
147
182
https://jls.shirazu.ac.ir/article_3806_e077ff34dec69663217fac4c3c6ddf56.pdf
dx.doi.org/10.22099/jls.2016.3806
The Study Merging Benefits Diyat in Crime Against Organs
Fazlollah
Forughi
استادیار حقوق جزا و جرمشناسی دانشکده حقوق و علوم سیاسی دانشگاه شیراز
author
Zahra
Tavangar
دانشجوی دکتری حقوق جزا و جرمشناسی دانشگاه قم
author
text
article
2016
per
Abstract How to hand down a Diye verdict in the cases that multiple crimes are created along each other (in lengthwise (tooli) of crime) caused by one beat is the issue that was investigated in this paper. For instance when vertebral column breaking caused to become paralyzed and lack of bladder control in the person. In this case it should be noted that Dyiat are not merged in such an assumption unless one hit is followed by two injuries (Tooli injuries) in a way that the first crime is followed by the second one which has higher Diye and more disadvantages. This verdict is due to an available quote in this field which the 1392 Islamic punishment law has handed down verdicts based on it. Regarding crime against organ and benefit, merging Dyiat seems possible only if the organ has a benefit and there is a necessity relationship between crime against organ and benefits.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
2
no.
2016
183
213
https://jls.shirazu.ac.ir/article_3808_87fc7810afe625c1c329531cfaa8cd98.pdf
dx.doi.org/10.22099/jls.2016.3808