فهرست مطالب

مجله حقوقی بین المللی
پیاپی 39 (پاییز و زمستان1387)

تاریخ انتشار: 1387/10/11
تعداد عناوین: 12

فارسی
English

انتخاب همه

Interpretation of Treaties in the Practice of Iran-US Claims Tribunal

Ali Ghasemi Page 13

The interpretation of treaties have important, wide-spread and explicated affects in international law. The awards of Iran-US Claims Tribunal, with more than a quarter of century in operation since 1982 have profoundly affected the different fields of international law, including the interpretation of treaties. The present article deals with the Tribunal's practice in the subject of interpretation of treaties. The Tribunal's interpretation of Algerian Declarations and other international agreements, in addition to creating good and reliable precedents, have some effects on the development of international law in the subject of interpretation of treaties. The Tribunal always applies the 1969 Vienna Convention of the Law of Treaties, in particular Articles 31 and 32, and has interpreted Algerian Declarations in conformity with the above provisions. One of the principles and rules invoked by the Tribunal is the principle of prevailing concept under which each word must be interpreted in its own context and with regard to the object and purpose of a treaty.

Abstract View Paper Original: Persian
Legal Limitations of the UN Security Council in the Imposition of Economic Sanctions

Mansour Farokhsiri Page 29

Economic Sanction is one of the measures taken by the Security Council in order to maintain and restore international peace and security under chapter VII of the UN Charter. The basic issue regarding the Security Council's limitations in imposition of economic sanctions is that whether the council's powers are entirely unlimited and beyond rules of International Law or the Council is faced with some limitations in respect of observing international rules and provisions. Legal logic requires that the Security Council as an organ of an international organization which is a subject of international law is bound by international rules when making decisions and enforcing them, otherwise one can not expect that the collective security system will meet sovereign state's goals. Thus, the Security Council when imposing economic sanctions is obliged to respect principles of general international law, jus cogence, specific rules of the UN Charter and international human rights law and international humanitarian law.

Abstract View Paper Original: Persian
Criminalizing of Sexual Violence in International Criminal Law

Ronak Khak Page 101

Sexual violence specially against hundreds of thousands of the women and children throughout the world is a bitter fact. The sexual violence is often used as a war tactic to destroy the national pride and dignity during the history that affects not only victim but also his society which leads to destruction of their culture and identity. The sexual violence is a term wider than rape, covers different cases and has been considered in the international treaties related to armed conflicts as well as judgments of the International Criminal Tribunals like former Yugoslavia and Rwanda Tribunals during a process as an international crime which has several criminal subjects.

Abstract View Paper Original: Persian
Legal Status of the Oil and Gas Deposits Across National Frontiers

Javad Kashani Page 165

A crucial manifestation of sovereignty is the exclusive right of a state to exploit its natural resources in its national territories and their appurtenances and prevents other states from using such resources without its prior consent. The fugacious and emigrating nature of hydrocarbon brings to the fore the legal and in the meantime perplex question of the sovereignty or ownership and exploitation of oil and gas deposits across national frontiers. The specific feature of this material can be demonstrated by the fact that if either of the interested neighboring country starts drilling well in its border side of the joint deposit it can exploit gas and oil from the said common deposit. This raises another major question: how can this situation be legally managed? Under international law, there is no unique answer to this. On the one hand, there is the classic view which by laying emphasis on the principle of absolute sovereignty holds the view that in the absence of any treaty (be it general or specific) or a customary rule of international law on the exploitation of such deposits, states would have the option of making use of that part of the area which lies in their territory even if it might lead to the exploitation of the resources of the neighboring state. There is on the other hand, another different point of view which sees a joint deposit across frontiers as a common property and for its exploitation recommends a cooperation approach between the interested states. Models for efficient management of the common resources are discussed in this article.

Abstract View Paper Original: Persian
Right to Food, A Prerequisite for Realization of other Rights

Alireza Ebrahimgol Page 221

Right to food as a fundamental right of every individual is the right to be free from hunger and sustainable availability of food with a quality and quantity which will meet one’s cultural and food needs. Fulfillment of this right allows for fulfillment of other human rights and hence this is related to human dignity. This right as a sub-category of economic, social and cultural rights is similar to rights enshrined in International Covenant for Economic, Social and Cultural Rights (ICESCR) by nature and fulfillment mechanisms. Thus, it would be realized progressively and through adopting all appropriate measures. Developing national strategies, legislation, justiceablility of right to food, suggestion for an optional protocol to ICESCR which contains an individual complaint procedure, are all steps for fulfilling this right in national and international levels. Until now, these steps have not been successful in halving poverty while half of this period has gone yet.

Abstract View Paper Original: Persian
Judicial Survey on Discretion of the Prosecutor of the International Criminal Court

Hossein Aghaei Janatmakan Page 245

The prosecutor of the International Criminal Court acts independently in carrying out his/her functions. S/he is responsible for investigation and prosecution of crimes within the jurisdiction of the court. If the prosecutor concludes that there is a reasonable basis to proceed with an investigation, s/he shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. If the Pre- Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation. Functions and powers of the Pre-Trial Chamber provided for in the statute of the ICC gives the Pre-Trial Chamber the authority for permanent Survey on the prosecutor's functions and powers.

Abstract View Paper Original: Persian
Human Rights in Occupied Territories

Hajar Siahrostami Page 265

The exterritorial application of the human rights conventions is one of the key discussions in application of human rights conventions. The question is that weather the states are obliged to respect their human rights obligations when their armed forces involve in international armed conflicts and military occupations. The author believes that the human rights regulations are applicable in occupied territories.The article considers three factors for proving this theory: first, the ratione tempori of the international humanitarian law and human rights law, second the interpretation of jurisdictional clauses of human rights conventions and the third, the role of effective control as a prerequisite for application of human rights regulations.The final outcome is that although the humanitarian law regulations governs the situations in armed conflicts and military occupations, the human rights regulations do not cease to apply in those situations, even in occupied territories, and they cover the failures of humanitarian law in such situations.

Abstract View Paper Original: Persian

علمی مصوب

مجله حقوقی بین المللی

International Law Review

فصلنامه علوم انسانی

آخرین شماره | آرشیو

ISSN: 2251-614X eISSN: 2645-4858

صاحب امتیاز:

مرکز امور حقوقی بین المللی ریاست جمهوری

مدیر مسئول:

دکتر توکل حبیب زاده

سردبیر:

دکتر سید قاسم زمانی

تلفن نشریه: ۰۲۱-۸۸۸۲۵۰۷۱

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فهرست مطالب

مجله حقوقی بین المللی پیاپی 39 (پاییز و زمستان1387)

مجله حقوقی بین المللی

International Law Review

مجله حقوقی بین المللی
پیاپی 39 (پاییز و زمستان1387)