نشریه مطالعات حقوق عمومی
سال چهل و هشتم شماره 2 (تابستان 1397)

Boko Haram are among the radical Sunni insurgent groups who are opposed to the secular government of Nigeria. The insurgents of this group resort to violence and different kinds of crimes.The current study, through a descriptive-analytical approach, has sought to determine why, though limited to the borders of Nigeria, Boko Haram’s actions have taken an international nature to them. In the current study, the actions and approach of the insurgents of this group, which violates the human rights principles and humanitarian law and threaten the international peace and security, have been investigated. On the other hand, it seems Boko Haram is terrorist insurgent group which ignores the international laws and principles. Finally, the results of the study indicate that, in addition to the governments, the insurgents of the rebellion groups such as Boko Haram are also bound to abiding the humanitarian law principles, and observance of the minimum fundamental and unenlightened humanitarian rights in domesticc struggles. Also, regarding the commitment of the international crimes by the Boko Haram’s insurgents, the Nigeria Government has the priority over the International Criminal Court in prosecution and trial of the criminals, based on the subsidiary jurisdiction principle.

Terrorism, with the emergence of societies began and progressed as times go on.
This phenomenon had been subjected to much academic discussion in local laws and international community and had been examined from various aspects. The most modern forms of terrorism, which today has attracted a lot of attention is cyber terrorism.
Cyber terrorism, due to the unique context of the realization of cyber terrorism i.e. cyber space, have further questions, as well as Suffering of vagueness and lack of definition about terrorism, which answering to these questions are necessary for further examinations. In this paper we have tried to use the available data to prove the existence of such a phenomenon and thus we examined its relationship with the self-defense principle set out in article 51 of charter of the United Nations.

limitation on state power and protecting the rights and freedoms of citizens, are the major concerns of public law, in particular constitutional and administrative law. In this regard, the establishment of judicial review of the government's actions as a mechanism to prevent its arbitrariness was established. However, despite these concerns, in different legal systems, including constitutional and legal system of the Islamic Republic of Iran some governments- for some reasons- have been an excluded from the scope of judicial review. On the basis of this article, the authors intend by comparative analysis to respond to this question by implementing the principles can be applied to analyze the constitutional and legal system of the Islamic Republic is the non –reviewable acts. ¿In other words, what actions and why the supervision of the judicial authorities in any foreign military and how the withdrawal be assessed? Article (44) of the constitutional legal system explicitly state that "the king is innocent of responsibility ...." Moreover, with the exception of Article (156) and And explicitly principle (173), applying different institutions under the executive branch as well as some of the functions of other institutions of judicial supervision out there.

Today, because of the increasingly development of global energy demand, energy resources such as oil and gas are more important than before. However, achieving these significant resources requires the use of land and property of the people who live within the resources. These peoples may have special features. . Religious and, traditional affiliation, subsistence and other cases make the lands an important element for the indigenous people. In this paper we want to study the impact of oil and gas industry on indigenous peoples and how they can deal with industry. The international law to protect the rights of indigenous peoples has set requirements to obtain consent and consultation of indigenous peoples and states may be responsible for these requirements.

Although the structure and foundation of contemporary international law system, often based on the opinions and ideas of the schools of positivist and therefore the sovereignty of states is central to making the rules of international law, but it should not be forget that the existence and validity of human rights now often speak of it, is not risen from will of the states. Human Rights Today is a new version of the natural law yesterday. Apart from this, more and more influence of principles & opinions of natural law on the body's of contemporary international law system became more obvious manifestation whenever The traditional system of making rule could no longer meet the requirements and needs of the international community in all areas, So The Declaration "Martens clause" came to government approval. Thus we have witnessed new development in the field of construction and payments of the most important sources of international law: custom. An evolution in response to the needs of the day.

Nullity of regulations is one of the main sanctions of the rule of law in administrative law of Iran as well as other different countries. The temporal point in which annulment would has its effects, however, is one of the important matters in the administrative process. This importance is related to four issues: conceptual analysis of annulment, requirements of the Rule of Law and compensation of the breached rights are consistent with the retroactive effects of the annulment. In the other hand, legal security and droit acquis are more consistent with the prospective effects of the annulment. Article 13 of the Structure and the Process of the Court of Administrative Justice Act (2013) has declared that the annulment effects prospectively except when it is not suitable for the restoration of breached rights. Although we can see this article in the side of legal security and droit acquis, but it is contrary to the legal understanding (from nullity and annulment) and the Rule of Law. The jurisprudence of the court of Admnistrative Justice shows that there is not a good supportive approach to the rights protection embedded in article 13. The method is analytic- comparative.

Drilling of Oil and Gas wells located at sea (offshore) may result in transboundary pollution outside the state in which activities have been performed and damage to territory of other countries. Compensating the damage to affected states requires the wrongful acts of states of operation which makes it difficult to compensate promptly and adequately. Therefore, it is required to address the regime for liability arising from lawful but hazardous activities under international law. Although offshore drilling activities are dangerous, they are lawful under international law and generally, they are being performed by private actors. Channeling international liability to the responsible private actor for hazardous activities which lead to transboundary pollution prevents from lack of compensation for victims of pollution. Hence, we examine the elements which have the key roles in the effective international civil liability regime related to pollution arising from offshore drilling activities.

The necessity of the institution for the Protection of the Constitution, based on the adoption of this law, is at the top of the hierarchy of legal rules so as to have the capacity to review ordinary law and annul it in the event of conflict. In some countries, this is the responsibility of judicial bodies. One of the important issues is the independence of constitutional courts, which is directly related to their correct function. In India, protection of the Constitution is conducted through the two institutions of the Supreme Court at the national level and High Courts in the states. Judicial independence in these courts has emerged as organizational independence and personal independence. The Constitution of India and the Supreme Court’s opinions in the issue of organizational independence have eliminated the influence of other branches of government and have considerably predicted, in the issue of personal independence and not at the level of structural independence, the mechanisms of judges’ use of judicial independence

The concept of “common concerns of humankind” has emerged in the context of international environmental law in 1990s. It was set forth in order to find a way to deal with global environmental challenges as well as to address disputes arising between states over the concept of “common heritage of humanity”. Then, the concept went beyond its original contexts, namely biodiversity and climate change, and led to other instances of common concerns to be discussed accordingly. This article will first go through the nature and scope of Common Concerns of Humankind. It continues by addressing the emergence of the concept in the field of international law, especially in the framework of the basic principles of international environmental law and obligations Erga Omnes; and finally, states obligations and responsibilities regarding the concept will be redefined.

The internet has changed the game rules in different fields, and use of force is no exception. Increasing number of cyber attacks against states and their ever more sophistication in recent years may suggest a dramatic and uncertain future.This Article, considering the traditional concept of the use of force, will address the question that, whether the existing rules on analog technologies are applicable to modern digital ones. This study will indicate that, to what extent cyber force is reconcilable with jus ad bellum. A key question to be answered is that, whether the use of cyber force can be regarded as a use of force under article 2(4) of the UN Charter. To address these questions, this analysis relies on the interpretation techniques included in the Vienna Convention on the Law of Treaties, as well as, the current doctrinal debates regarding cyber force. Finally, the essay will end with a brief consideration of acceptable prospect with respect to regulation of this novel form of coercion. Integrating the existing approaches, the authors will provide their own coherent opinion regarding the use of cyber force.

Unique places and cultural properties which exist in Palestinian territories have been exposed to destruction alongside Israeliization policies. When cultural properties is destroyed, the relationship between the past, present and future, and in other word historical identity disappears. In such a situation, the conflict between the imperatives of war on the one hand and the preservation of cultural heritage for future generations will cause to countries face with conflicting goals. On the other hand and in the current situation, the fundamental question is raised about the extent to which the regime of international law is able to support and protect suitable cultural properties during occupation, colonialism and armed conflict, in view of the inherent duty of the UNESCO Organization for the Protection of properties and cultural heritages of the countries is becoming more and more important with the acceptance of Palestine membership in this organization. Therefore, the present article attempts to investigate the role of the UNESCO Organization and international law in avoiding or devastating effects of these measures in the Palestinian territories against the properties and cultural heritage and deliberate actions beyond the Israeli military's demand to destroy this heritage.

The UN Convention on the Law of the Sea (1982) addressed the protection of underwater cultural heritage partly in the "Area" and "Contiguous Zone" while, in other maritime zones, the protection of related heritage remained under the general provisions of the Convention. With regard to these latter zones, because of the need to establish a "delicate balance" between the rights and jurisdictions of coastal and other States, protection of underwater cultural heritage in the exclusive economic zone and continental shelf is challenging and a matter of great importance and sensitivity. On the other hand, the UNESCO’s 2001 Convention which was developed in order to Compensate for the perceived deficiencies and gaps of the 1982 Convention regime with regard to protecting this heritage, because of disagreements over the rights and jurisdictions of coastal State, has provided for a complex and ambiguous, but also conservative mechanism, so that the general framework of 1982 Convention remains intact.