نشریه مطالعات حقوق عمومی
سال چهل و هشتم شماره 1 (بهار 1397)

Historical concerns about the violation of the separation of powers and Abuse of authority to interpret the law and the comprehensive claim of laws Cause doubts in recognition of the establishment of the law and in particular the interpretation of the constitution, To the extent that some believe to be the absolute negation of the authority of the law by any authority other than the legislature. Reflecting the realities of the field of practical implementation of the constitution shows Regardless of the uncertainty, and conflict outlined in the provisions of the constitution and the natural defects of the law, There are some special features in the constitution, creating the necessity, importance and the need for additional and distinctive interpretation of the law to other laws and regulations in the legal system. Overall, the abstract being, stability and moral nature with the provisions of the constitution and the function of the legislation, including special features. To these should be added the fundamental rights of poor resources and literature to specialized literature and other branches of law.

Biotechnology allows exploitation of biomass and biodiesel in providing fuel through protecting biodiversity and developing novel strategies including strategies for removal of water, soil and weather pollutants; and it provides opportunities for development of environment international law by providing opportunities for utilization of exploitability of genetic materials resulting from fossilized remains of extinct flora and fauna species aiming at simulation of extinct species. Through providing alternative strategies instead of traditional methods for protection of environment and prevention of any damaged incurred on it, it can significantly help development of international law in this respect.While biotechnology plays a significant role in development of environment international law, the unknown poisonous composites, allergic responses, and unpredictable genetic pollutions resulting from supplying poisonousorganism due to intervention in existing organisms can pave the way for destruction and pollution of environment. The positive consequences of this technology and its negative effects are determinants accelerating the change in international society attitude towards the significance and the necessity of protection of environment, finally leading to increasingly development of environment international law. Focusing on the advantages and disadvantages of biotechnology, this study is concerned with how biotechnology can serve development of environment international law.

Hypothesis in this research is that happiness as natural rights are always constant and fixed without being influenced by social and historical contexts. The State must guarantee collective and individual happiness and the pursuit of Happiness. When Iraq invaded Iran, the war lasted for more than 8 years. During this imposed war Iranians from all groups of society involved in sacred defense voluntarily. Iran stood up almost single-handedly to an Iraq, which enjoyed the support of a large number of Arab, Western, Eastern, and even South American countries, which makes for Iranian a history full of honor and glory. However many Iranians lost their life and health in this imposed war. We are trying to find a way which in, law can play a helpful role to recompense for lost happiness.

Termination of employment contract is one of the most important sections of a labor contract. Because, how an employment contract terminates is related to fair distribution of job security. Also the quality of termination of an employment contract has a strong relationship with efficiency theory. Therefore, legislator in developing a legal system governing the termination of employment contract, must challenge to maintain distributive justice and efficiency while establish a balance between them. In the present paper, we intend to explain how to ensure distributive justice and efficiency and to establish a balance between them in developing a legal system governing the termination of employment contract with respect to Iran's labor code and moreover, we will see that due to wide- spreading use of temporary employment contract and the risk of not renewing of the mentioned contracts at the end of work, permanency of labor contract principle, and hence fair distributive of job security has been altered. Also complexity of formalities of firing workers has destroyed the efficiency and moreover, caused the lack of a balance between efficiency and distributive justice in termination of employment contract ways .

Despite the fact that “Right to die” has been always in the list of much disputed human rights, but none of the international human rights instruments, and most of the national codes of law, have recognized such right expressly. However, in European Court of human rights and even some of the domestic courts, people have claimed of having this right and some of these claims have led to change of national laws. This article is about to find whether the European Court, with special regard to European Convention of human rights, have recognized right to die for people? and how much may the government legally limit the rights and freedoms which are considered foundations of right to die?

Health of the people of a country is a major concern of the government in every country, but it isnt possible without an effective legal framework for the protection of public health. It should be noted that governments have a lot of authorities in the field of public health. These authorities allow them to modify, enact and implement the relevant legislations. America's health care system has identified and classified rules, despite the few number of these rules, they have issued the health of American citizens comprehensively. The competent institutions that regulate in the health field must also comply with the regulation in the health field with comprehensive, coherent, holistic and targeted to provide the better citizen's public health and to increase the level of their content and the specific aims in the promotion of citizens public health, is to regulate in the health field, since America is leading in this field, In this paper we shall try to review the laws, regulations and policy making in Americas health field.

State immunity roots in the sovereignty and equality of states . Namely , the immunity means the impossibility of exercising the jurisdiction domestic courts over foreign states .
Following the developments of the human rights , interventions has made in the internal affairs of States under the Responsibility to Protect doctrine that challenged on the state sovereignty , and has raised in mind the question of whether the doctrine of Responsibility to Protect will be a barrier for the implementation of the principle of state immunity ?
In answering this question , by separation of the procedural rules from the substantive rules can be seen the procedural rules such immunity do not conflict with the substantive rules governing the nature of the claim . The real source of the human rights litigation is , ignoring the forum state to enforce its jurisdiction in relation to the human rights cases , and to the extent that are concerned to the human rights violations, the state immunity values and jus cogens do not conflict .

Religious Freedom has various dimensions, since freedom of have a belief as a subjective matter to a religion to freedom of express the belief in personal and social life, as an objective matter. The first aspect of this right is visible prima facie in the right to do religious duties and practice religious rites and benediction. The right to assembly that generally recognized is useful to enjoy religious freedom. Also the rights to religious clothing and use religious symbols obtained from the link between religious freedom and freedom of speech. The right to religious education and missionary are other aspects that religious believers sue it, seriously. Swearing on the religion is other aspect of the freedom, too. This paper surveys these aspects in the precedent of international human rights bodies and concludes that despite of non-explicitly in international instruments, those bodies protect development of the right to freedom of religion.

Universalism is defined as applying the rules of International Law equally for all States or entities, while particularism is defined as a situation wherein a State or an entity seeks applying its particular values and norms even if they are assumed against or inconsistent with the universal rules. The particularistic States or entities seek to find the means and methods through which they can have the possibility of escaping the dominance and rules of international law wherever they find the international law against their interests and values, or at least they can bring it to their own accord. As two key actors in the international politics and relations, the EU and the US government by adopting positions and practices that differ from the universal rules have institutionalized a particularistic approach to international law. The US and the EU take advantages of similar practices in their own particularistic approach. Applying double standards, using alternative interpretations and unilateralism are some examples of such practices. American particularism is based on sovereignty and the reliance on military power, and this has led the US particularistic approach suffer from the exemptionalism. In contrast, the European Union has displayed a sensible, purposeful and moderate particularism.

International law of our time is different from the classic jus gentium which was mainly a state-centered body of law. Today’s international law is -as mentioned by many scholars- humanized which means that the rules and principles of human rights are at the core of the modern international law. This evolution also has influenced the rules of international law with respect to creation of new states and their recognition.
This article is a case-study of Daesh or the Islamic state which is indeed neither Islamic nor a State mainly because it is not a legitimate entity under international law. The main argument here is in today’s international law the States are not allowed to recognize as lawful a situation or an entity such as Daesh which is created by a series of gross violations of international human rights law. Therefore, apart from the pre-requisites established by the 1933 Montevideo Convention, a new State will be recognized only in case of legitimacy.

A State is entitled as an injured State to invoke the responsibility of another State or international organization which is committed that act. A State other than an injured State is entitled to invoke the responsibility of another State. the Draft Articles on Responsibility of States for Internationally Wrongful Acts (2001) and Draft articles on the responsibility of international organizations (2011) were considered more limited powers to international organizations on concerning of Invocation to international responsibility. According to this documents, international organizations have not the right to Invocation to International Responsibility, Even if the obligation breached by the State is erga omnes. If an international organization breaches its international obligations, There is the possibility of Invocation by the injured international organization, But Invocation is possible by other international organizations other than an injured international organization, if the breached obligation is in realm of functions of invoking international organization. The article endeavored by clarifying the concept of Invocation, its role explained in relations between states and international organizations.

Labour law emerged to protect workers after industrial revolution and soon found international aspects too. In this way, International Labour Organization (ILO) was established to set international labour standards. The organization recognized the necessity of providing a supervisory mechanism for implementing labour policies and standards. Labour inspection system was founded and has been developed working as this supervisory system indeed.
Iran’s labour law has established a labour inspection system too and labour inspectors are responsible for implementing labour laws and regulations. In this regard they have wide range of powers and duties. This article attempts to compare these powers and duties in international labour standards and domestic law based on studying ILO conventions and Recommendations and Iran’s legal system. Results show although these two systems are similar but some obscurity concerning inspector’s powers reduce efficiency of labour inspection in Iran. Final remarks provide proposals to solve the problem.