Shiraz University Journal of Legal Studies 2008-7926 10 4 2019 02 20 Complicity inCommitting Internationally Wrongful Actsin the Draft Articles on Responsibility of States 2001 Complicity inCommitting Internationally Wrongful Actsin the Draft Articles on Responsibility of States 2001 1 30 5116 10.22099/jls.2019.29680.2962 FA Mahadi Hadadi Assistant Professor of International Law, Faculty of Law, University of Tehran, (Farabi Campus), Qom, Iran Journal Article 2018 06 02 In the international system, in some cases, states without the aid of other states are not in a position to violate their international obligations. Therefore, in violation of an international obligation there are a perpetrator state and an abetting state. On the other hand, the draft on responsibility state for internationally wrongful act 2001 is based on independent responsibility. Therefore, the question arises as to the basis for the responsibility of the assisting state in this draft? Another question is that in the event of the assumption of the responsibility of the deputy state, how much it will contribute to the loss compensation? In this article it will be noted that unlike the rules of international responsibility of state under classic international law, according to the International Law Commission, in contemporary international law, general complicity rule is accepted. Despite the valuable efforts of the International Law Commission, On the one hand, condition of joint international obligations among perpetrator state and the assisting state has caused the rule not to be general, on the other hand the legal consequences of this kind of responsibility and distribution of responsibilities between the perpetrator state and deputy state has remained vague in the draft and interpretations of the International Law Commission. In the international system, in some cases, states without the aid of other states are not in a position to violate their international obligations. Therefore, in violation of an international obligation there are a perpetrator state and an abetting state. On the other hand, the draft on responsibility state for internationally wrongful act 2001 is based on independent responsibility. Therefore, the question arises as to the basis for the responsibility of the assisting state in this draft? Another question is that in the event of the assumption of the responsibility of the deputy state, how much it will contribute to the loss compensation? In this article it will be noted that unlike the rules of international responsibility of state under classic international law, according to the International Law Commission, in contemporary international law, general complicity rule is accepted. Despite the valuable efforts of the International Law Commission, On the one hand, condition of joint international obligations among perpetrator state and the assisting state has caused the rule not to be general, on the other hand the legal consequences of this kind of responsibility and distribution of responsibilities between the perpetrator state and deputy state has remained vague in the draft and interpretations of the International Law Commission.

Shiraz University Journal of Legal Studies 2008-7926 10 4 2019 02 20 Legal Romanticism: Savigny and the Concept of Volkgeist Legal Romanticism: Savigny and the Concept of Volkgeist 31 58 5129 10.22099/jls.2019.29171.2907 FA Masood Zamani Assistant professor of International Law, Shiraz University, Shiraz, Iran. Journal Article 2018 06 25 Savigny's legal philosophy came to prominence when naturalistic rationalism signified the predominant mode of legal thinking in Europe. In the universe of legal naturalism, society as a whole did not undertake an important role in the formation of laws. Nor was history accorded with significance by those following the natural law school. It was in this environment that Savigny spoke of the 'common consciousness of people' and its prevailing presence in conceiving law. However, Savigny's views are expressed in the most ambiguous of manners. This essay commits itself to clarify the legal foundation of Savigny's jurisprudence through a philosophical and historical lens. Savigny's legal philosophy came to prominence when naturalistic rationalism signified the predominant mode of legal thinking in Europe. In the universe of legal naturalism, society as a whole did not undertake an important role in the formation of laws. Nor was history accorded with significance by those following the natural law school. It was in this environment that Savigny spoke of the 'common consciousness of people' and its prevailing presence in conceiving law. However, Savigny's views are expressed in the most ambiguous of manners. This essay commits itself to clarify the legal foundation of Savigny's jurisprudence through a philosophical and historical lens.

Shiraz University Journal of Legal Studies 2008-7926 10 4 2019 02 20 The Role of Corporate Culture in Committing Environmental Crime Sample Study of Mashhad Factories The Role of Corporate Culture in Committing Environmental Crime Sample Study of Mashhad Factories 59 97 5128 10.22099/jls.2019.27717.2700 FA Bagher Shamloo Asocciate Professor in Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran Hamidreza Daneshnari PhD in Criminal Law and Criminology, Shahid Beheshti University,Tehran, Iran. Journal Article 2018 03 18 The research has been conducted with the aim of evaluating the role of corporate culture in committing environmental crime through a descriptive-survey method. The statistical population of this study is all workers of six factories with the highest environmental crime rate in Mashhad. Among them, 252 persons were selected as the final sample size using proportional stratified random sampling. The data gathering tool in this study was a researcher-made questionnaire whose content and formal validity were confirmed using three expert opinions and its reliability was 0.83 with Cronbach's alpha coefficient The findings of this study indicate that the effectiveness of the organization's goals on the activities of workers and consequently the commission of environmental crime is more than average, between the scores of the role of organizational culture on the activities of workers in terms of sex, education, work experience and age, marital status There is no significant difference between insurance and criminal. The results of Friedman's test on the impact of the three dimensions of the role of organizational culture on environmental crime showed that the organizational culture transfer level was highest and organizational learning was the lowest. The research has been conducted with the aim of evaluating the role of corporate culture in committing environmental crime through a descriptive-survey method. The statistical population of this study is all workers of six factories with the highest environmental crime rate in Mashhad. Among them, 252 persons were selected as the final sample size using proportional stratified random sampling. The data gathering tool in this study was a researcher-made questionnaire whose content and formal validity were confirmed using three expert opinions and its reliability was 0.83 with Cronbach's alpha coefficient The findings of this study indicate that the effectiveness of the organization's goals on the activities of workers and consequently the commission of environmental crime is more than average, between the scores of the role of organizational culture on the activities of workers in terms of sex, education, work experience and age, marital status There is no significant difference between insurance and criminal. The results of Friedman's test on the impact of the three dimensions of the role of organizational culture on environmental crime showed that the organizational culture transfer level was highest and organizational learning was the lowest.

Shiraz University Journal of Legal Studies 2008-7926 10 4 2019 02 20 Review of Constitutional Convention In Constitutional Law Review of Constitutional Convention In Constitutional Law 99 127 5132 10.22099/jls.2019.29870.2994 FA Fardin Moradkhani Assistant professor in public law, bu ali sina university, Hamadan, Iran Journal Article 2018 06 26 The constitution, as one of the key concepts of public law, is a multifaceted concept. The Constitution, apart from the written text, has other layers that they call the unwritten principles of the constitution. These principles cover a wide range of areas, one of the most fundamental of which is constitutional conventions. They are both in the States of the written constitution and States of unwritten constitution. Understanding the constitution without knowing these key concepts is incomplete. This article attempts to clarify the various aspects of this fundamental concept by descriptive and analytical methods and As the complexity of the concept shows Review the theoretical foundations, their functions, and its relation to equivalence concepts. The constitution, as one of the key concepts of public law, is a multifaceted concept. The Constitution, apart from the written text, has other layers that they call the unwritten principles of the constitution. These principles cover a wide range of areas, one of the most fundamental of which is constitutional conventions. They are both in the States of the written constitution and States of unwritten constitution. Understanding the constitution without knowing these key concepts is incomplete. This article attempts to clarify the various aspects of this fundamental concept by descriptive and analytical methods and As the complexity of the concept shows Review the theoretical foundations, their functions, and its relation to equivalence concepts.

Shiraz University Journal of Legal Studies 2008-7926 10 4 2019 02 20 A New Look at the "will to a Third (sols)" Order A New Look at the "will to a Third (sols)" Order 129 158 5133 10.22099/jls.2019.29738.2974 FA Hamid Masjedsaraie Associate professor of jurisprudence and Islamic law, Semnan University, Semnan, Iran Mostafa Jabbari Associate professor of jurisprudence and Islamic law, Semnan University, Semnan, Iran Journal Article 2018 05 28 In jurisprudence and civil law, the will's effec over more than a third is subject to the permission of the heirs. This is while heirs’ permission has been the subject of dispute in jurisprudence and the civil code. This article adopting an analytical descriptive method and using library resources seeks to answer the question of whether or not increasing the Will more than a third and also its subjecting to the permission of the heirs are Toghifi or Taabodi; or it can be regarded as a case-law and depending on the economic, l and emotional conditions of the heirs, as well as the number of them and based on what has been willed. In jurisprudence and civil law, the will's effec over more than a third is subject to the permission of the heirs. This is while heirs’ permission has been the subject of dispute in jurisprudence and the civil code. This article adopting an analytical descriptive method and using library resources seeks to answer the question of whether or not increasing the Will more than a third and also its subjecting to the permission of the heirs are Toghifi or Taabodi; or it can be regarded as a case-law and depending on the economic, l and emotional conditions of the heirs, as well as the number of them and based on what has been willed.

Shiraz University Journal of Legal Studies 2008-7926 10 4 2019 02 20 Analyzing the Nature of Compromise Contract and the Measures of Qualification the Nominate Contracts as Compromise Analyzing the Nature of Compromise Contract and the Measures of Qualification the Nominate Contracts as Compromise 159 188 5134 10.22099/jls.2019.30011.3010 FA Mohammad Mansouri Ph.D. Student in Private Law, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran Mohammad Mehdi Alsharif Associate Professor of Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran Mohammad Sadegh Tabatabaei Associate Professor of Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran. Journal Article 2018 07 06 Among the nominate contracts, the compromise has this unique characteristic that can provide the results of other contracts, without imposing specific rules of those contracts on it. The ambiguity in the meaning of compromise on the one hand and possibility of substituting compromise rather than other contracts on the other hand, make it difficult to distinguish the compromise agreement from a contract that compromise has been placed in its position. Thus the aim of this article is to answer two questions: first what is nature of compromise agreement? second which are the measures of qualification a contract to compromise when the compromise is substituted for the other nominate contracts? Substantively, the nature of compromise is nothing but mutual consent and whenever the parties use the title of compromise, , the contract must be considered as compromise and in the cases which they have not used this title, and the nature of the contract is disputed, , categorizing the contract of compromise is preferable provided that the circumstances reinforce such reading. Among the nominate contracts, the compromise has this unique characteristic that can provide the results of other contracts, without imposing specific rules of those contracts on it. The ambiguity in the meaning of compromise on the one hand and possibility of substituting compromise rather than other contracts on the other hand, make it difficult to distinguish the compromise agreement from a contract that compromise has been placed in its position. Thus the aim of this article is to answer two questions: first what is nature of compromise agreement? second which are the measures of qualification a contract to compromise when the compromise is substituted for the other nominate contracts? Substantively, the nature of compromise is nothing but mutual consent and whenever the parties use the title of compromise, , the contract must be considered as compromise and in the cases which they have not used this title, and the nature of the contract is disputed, , categorizing the contract of compromise is preferable provided that the circumstances reinforce such reading.

Shiraz University Journal of Legal Studies 2008-7926 10 4 2019 02 20 Critical Analysis on How to Prove the Elements of the civil liability of the administration in the Framework of the article 10 of the Administrative Justice Court Act Critical Analysis on How to Prove the Elements of the civil liability of the administration in the Framework of the article 10 of the Administrative Justice Court Act 189 218 5131 10.22099/jls.2019.28799.2862 FA Ayat Mulaee Assistant Professor in Public Law, Bu–Ali Sina University, Hamedan, Iran Hasan Lotfi Assistant Professor in Public Law, University of Judicial Sciences and Administrative Services, Tehran, Iran Journal Article 2018 03 12 Within the framework of the theory of liability based on fault, elements such as as harmful acts and damage take priority. Court judges to obtain damages are inevitable, independently and separately, to examining and verifying each of these components; Somehow that the deficiency in each of them leads to a refusal to take civil responsibility. From the perspective of public Law, the paper Understanding such a concern, from a pathological point of view is seeking legal analysis on How to prove the civil liability of the administration. Therefore, the topic by using descriptive-analytic research method is discussed and concluded: though it is corrected the note 1 of the article 10 of the Act on the Establishment and Procedure of the Administrative Justice Court and apparently, the legislator sought to refer the matter to the courts of judiciary; But it must be said, firstly the Administrative Justice Court has the jurisdiction to deal with two pillars: “the harmful act” and the fault”, still within the framework of the "theory of liability based on fault". Secondly, arguments related to: "non-legal" and "non-contradiction" on Administrative Justice court is a serious objection. Thus, It is appropriate that “the civil liability of the administration” be within the jurisdiction of “the Administrative Justice Court”. Within the framework of the theory of liability based on fault, elements such as as harmful acts and damage take priority. Court judges to obtain damages are inevitable, independently and separately, to examining and verifying each of these components; Somehow that the deficiency in each of them leads to a refusal to take civil responsibility. From the perspective of public Law, the paper Understanding such a concern, from a pathological point of view is seeking legal analysis on How to prove the civil liability of the administration. Therefore, the topic by using descriptive-analytic research method is discussed and concluded: though it is corrected the note 1 of the article 10 of the Act on the Establishment and Procedure of the Administrative Justice Court and apparently, the legislator sought to refer the matter to the courts of judiciary; But it must be said, firstly the Administrative Justice Court has the jurisdiction to deal with two pillars: “the harmful act” and the fault”, still within the framework of the "theory of liability based on fault". Secondly, arguments related to: "non-legal" and "non-contradiction" on Administrative Justice court is a serious objection. Thus, It is appropriate that “the civil liability of the administration” be within the jurisdiction of “the Administrative Justice Court”.

Shiraz University Journal of Legal Studies 2008-7926 10 4 2019 02 20 The Construction and Operation of the Ilisu Dam in Turkey and the Dust Haze Phenomenon in Iran: Supremacy of Relevant Principles of International Environmental Law The Construction and Operation of the Ilisu Dam in Turkey and the Dust Haze Phenomenon in Iran: Supremacy of Relevant Principles of International Environmental Law 219 261 5126 10.22099/jls.2019.30380.3048 FA Ali Navari Assistant Professor, Department of Public and International Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran. Journal Article 2018 08 04 Large dam construction on international Rivers in the context of hydroelectric energy generation projects, have different effects that stay within the bounds of international environmental law. In The case in which dam construction in the realm of the territory of a state most probably will cause main and adverse impacts on the environment of other states, conflict of competing claims is inevitable. While the state that constructs the dam rely on its benefits in the context of the principle of territorial jurisdiction, neighboring states may claim adverse transboundary impacts of the dam for their environment and request compliance with relevant regulations of international environmental law. As regards Ilisu Dam, it has been claimed and seems probably that the construction and operationof such facility, will likely intensify the dust haze phenomenon in neighboring countries especially in Iran. The question that arises is that which principles of international environmental law should be observed and acquire the priority by governments in implementation of national projects, including the construction of a dam. This article attempts to show the approach of international environmental law in granting priority to the observance of principles of international environmental law in the implementation of national projects. Large dam construction on international Rivers in the context of hydroelectric energy generation projects, have different effects that stay within the bounds of international environmental law. In The case in which dam construction in the realm of the territory of a state most probably will cause main and adverse impacts on the environment of other states, conflict of competing claims is inevitable. While the state that constructs the dam rely on its benefits in the context of the principle of territorial jurisdiction, neighboring states may claim adverse transboundary impacts of the dam for their environment and request compliance with relevant regulations of international environmental law. As regards Ilisu Dam, it has been claimed and seems probably that the construction and operationof such facility, will likely intensify the dust haze phenomenon in neighboring countries especially in Iran. The question that arises is that which principles of international environmental law should be observed and acquire the priority by governments in implementation of national projects, including the construction of a dam. This article attempts to show the approach of international environmental law in granting priority to the observance of principles of international environmental law in the implementation of national projects.