فصلنامه تحقیقات حقوقی معاهده
سال دوم شماره 1 (پیاپی 2، بهار 1397)

The Doctrine of "Responsibility to Protect" which has three stages including "Prevention", "Reaction" and "Reconstruction", is used when a government will not or cannot protect its citizens against four crimes: "War Crimes", "Crimes Against Humanity", "Genocide" and "Ethnic Cleansing". As it mentioned, the plan, consisting of three phases, has created hopes for addressing disadvantages of humanitarian interventions such as selectivity and interference in internal affairs of other countries. Yemen crisis has begun from January 2011 after a revolution and public demonstrations. Since then, Yemen has been engaged in civil war and conflicted with other countries. It led to that Abd Rabba Mansour – the president at the time - resigned two times and escaped from the country. Following this, in support of the resigned President, a regional coalition led by Saudi Arabia launched a military invasion against Yemen, which resulted in the deaths and injuries of civilians and the occurrence of health and nutrition disasters among the civilians, especially children; so that according to the reports of international organizations, the war crimes occurrence in this attack is seriously evident. So, in the first step, the tools of economic, military and political sanction in format of the Doctrine of "Responsibility to Protect" can be used to support the citizens of Yemen, and in order to prevent the commission of crimes by the regional coalition. This paper, seeks to do a brief review of the Doctrine of "Responsibility to Protect", and meanwhile analyzes the current events in Yemen From the perspective of this Doctrine. It also studies the invasion of Yemen by regional coalition led by Saudi Arabia from the legal viewpoint and finally analyzes the possibility of implementation of the Doctrine against the crisis which is created by the regional coalition.

Collateral contracts which are concluded to guarantee and facilitate the collection of debts, have several rules apart from the provisions of all contracts. One of the most important issues with regard to contracts, is the accuracy or inaccuracy of the prediction of the termination right. In accordance with the rule, such a right can be considered for the parties in the contract; but there is no such possibility for some contracts. However, there are doubts about collateral contracts. Some authors also believe that predicting the termination right in collateral contracts is valid and some consider it to be invalid. Also, Some have believed that predicting the terminate right in some examples is valid and about others is invalid. The advocates of each of the aforementioned views have expressed reasons for proving their views. However, it seems that we should consider the view that believes in the possibility of predicting the terminate right in collateral contracts. In this paper, the author's attempt will be to examine the reasons given by each of the views and examine them with an analytical perspective.

Marriage contract is considered as one of the contract which include lots of legal issues. The terms of a marriage contract, which is much more important than the marriage conditions, have caused the contract to be the subject of discution between lawyers all the time. One of these conditions is the Prohibition of Childbirth which is also mentioned in fiqh as the condition for the Dismissal or Non-Claim of Offspring. Based on the fact that Childbirth and in general, Sexual Intercourse is considered as an integral part of the marriage contract or not, different opinions about the accuracy or inaccuracy of this condition have been stated. The Prohibition of Childbirth is usually a condition of non-performance, that its legal sanctions, as the similar conditions, maight be enforcing to perform the commitment, pay damages, establishing the right of rescindment or divorce or any other legal sanctions which are agreed upon. On the other hand, if the condition is breached, there will be some changes in couple's rights and obligations; for example: if the man is the person in whose favor a condition is made, the issue will affect on paying the quit-rent and other material rights of the wife and in the terms of restitution might be effective; or even in the subject of custody, which may affect on the rights and duties of each of the couples according to the law. The current research tries to study these two issues: the legal validity and effects of the Prohibition of Childbirth condition in marriage.

Women are vulnerable group in society who need protection and healthy environment. Part of mentioned preparations appear through social security system in each legal and political system. Whit a comprehensive look at the issue, there are protective policies for nondiscrimination for women, generally called social protection. An approach to social protection known as gendered approach to social protection has appeared in order to eliminate sexual barriers of culture and social constructions that stops women’s development; this is an approach in the field of social protection which is meant to reach to the goals of human development and enhancement of women’s labour. Considering the element of sexuality as a barrier for women’s development, the strategy of gendered approach to social protection and its valuable effects on democracy and freedom of speech is to be examined here. This research has been done with a descriptive-analytical method aimed to be implemented in the national and domestic field.

One of the innovations in the "Code of Criminal Procedure", which is approved in 1392, than the former criminal codes, is the topic of criminal supervision writs in the field of writs for supply. Although the provided instructions for this topic in Article 247 of the the Code of Criminal Procedure, are similar to the supplementary punishment of Article 23 of the Criminal Code, they are still notable, because they are contemplated by the prosecutor and even before the issuance of the sentence. Since the laws of the French "Code of Criminal Procedure" have always been pioneer and also effective on the developments in our "Code of Criminal Procedure", a comparative study between Iran and France, on the issue of "Writ for Judicial Supervision" and "Writ for Supervision by Electronic Equipment" regarding the concept of supervision, both in terms of maintaining and observing human dignity, judicial authority and etc. is considered as a remarkable specialized field of studyº So that while protecting the freedom and dignity of individuals, it also emphasizes the respect of the order and law of the community.

According to the Iranian positive law, expertise is regarded as a legal evidence by Civil Proceedings Act and a few other statutes concerning expertise, while it has not been mentioned in the third chapter of Civil Code. However, this question could be raised whether expertise is treated as an independent evidence, is a circumstantial evidence or is some type of witness? Legal writers who have already discussed expertise, have not expressly answered to this fundamental question about the nature of expertise but it could be inferred that they tend to treat it as an independent evidence because they refer to it in separate discussions and not during discussing witness and circumstantial evidence. This article is to analyze the nature of expertise and its interaction with other evidences precisely and comprehensively via descriptive and analytical method to reach an understanding of its position in positive law. The aim of this article is to establish a unanimous procedure, to determine the value of expertise among other evidences, and to create some kinds of knowledge for judges. This study tries to analyze the subject and prove the fact that expertise could not be denied as an independent evidence among other evidences.

One of the most important rules in the international criminal law is the "Double jeopardy" which has been adopted in Iran with different approaches; So that the rule had accepted before the Islamic Revolution in Iran and then had been removed in the post-revolutionary law until 1392. The legislative authority, in the "Islamic Penal Code" which has been approved in 1392, accepted the "Double jeopardy" explicitly in the category of "Tazir offenses" which constits the major part of the crimes in the "Penal law" of Iran. Given the separation of "Tazir offenses" to the definite and the indefinite under Sharia Islamic law, it is important to apply the rule on sanctions of "Hadds", "Qisas" (retaliation), "Diyat" (weregild), and the definite "Tazir offenses"s under Sharia Islamic law. The current research, in addition to explaining this issue, studies the execution of sanctions under Sharia Islamic law against an Iranian criminal who has committed a crime abroad, adhere to all rules under Sharia Islamic law and retrial after he/ she returns to Iran.

The method of monitoring the manager`s performance of joint stock companies in Iran’s domestic law as well as France is in-company. Monitoring from outside of the company is an alien concept in Iran’s domestic law except cooperatives that ministry of cooperatives monitors them. In contrast, In the British law system two methods of monitoring were predicted because monitoring assignment to shareholders failed to prevent managers’ abuse. on one hand, monitoring of inside of the company and on the other hand monitoring from outside of the company, that happened by several government agencies such as ministry of trade and industry and the organization of the securities and these institutions are responsible for monitoring of corporate affairs and legislature tried to give them wide discretion including jurisdiction, in order to doing their assigned duties better. This paper attempts to analyze the developments of the company's inspection firm in the legal system of Iran and the United Kingdom.

The family, as the most important and most identiable social institution, has a high status, followed by a significant role in the destiny of individuals and society. In Islam, however, it is based on permanent marriage, but in some cases it also accepts a temporary marriage on grounds of necessity. But temporary marriage has undergone some pessimistic and negative attitudes and has not been universally accepted and is therefore one of the controversial issues. The new Family Sponsorship Act of 1391, which is in line with article 10 of the Constitution, and the creation of laws for the provision of family benefits, has referred to temporary marriage in Article 21, and in some cases it has not only been approved, but also required. The findings show that this article has critics who find that the disadvantages of creating compassion and harassment for couples, the spread of laziness and the unwillingness to permanent marriage are considered by the material. The study shows that these criticisms are not forthcoming and even benefits such as protecting the rights of the child, regulating this kind of marriage, protecting the community and preventing some differences.

With regard to the relationship between morality and international law, there is no consensus among lawyers and the existing law schools. In this case, universal morality is considered, which is united unlike the domestic morality in different societies. It also includes the norms that are generally accepted by the international community. There is no legal sanctions for moral norms in international law, but if these norms become legally mandatory rules, they will get the legal sanctions which are anticipated for the rules. The role of morality, which becomes more and more important through the moderation of sovereignty of states and also by the progressive role of non-state actors in international law, is clearly visible in the areas such as international human Rights, international humanitarian law, international criminal law, international responsibility law and the international law of Treaties. The current research seeks to express and explain different views about the effects of morality on law and also studies the appearance of morality in different areas of international law.