نشریه پژوهش های حقوق تطبیقی
سال بیست و یکم شماره 1 (پیاپی 95، بهار 1396)

In arbitration in equity, arbitrator seeks to resolve disputes in an equitable manner, which is not achievable through the application of legal strict rules. Amiable compositeur, ex aequo et bono and equity are common terms that in relation to amiable and equitable arbitration have frequently been utilized by the arbitration tribunal and the conflict parties in arbitration clauses and awards. Nonetheless, there is no consensus amongjurists as to this issue whether each of these expressions and concepts imply in different methods of decision making according to equity. In fact, it is not exactly specified what is difference between awards based on equity and those made based on ex aequo et bono ,and what is difference between arbitration in equity and assessing the dispute and act in the proceedings as an amiable compositeur?

In the contracts that have a specified time of performance, and in which the promisee anticipates that the promisor cannot, or will not, be able to perform his/ her duty on time, will the promisee have the right to suspend or rescission the contract? In answer to such a question, a theory has been developed, with a variety of bases for justification of its acceptance. And its critics raised some critical appraisals according to each basis provided. It has been almost two or three decades that such a question has been posed in the Iranian legal system. The dissenters stick to the insincerity of breaching the contract for accepting the basis; on the other hand, those who agree with it stick to the necessity of accepting it because of its necessity, hence appeal to local law. The present paper holds that such arguments prove insufficient. Hence, it renders a new solution; all derived from the spirit Islamic Law, i.e. Muqaddamat mufawwetah, all devised for reaching a logical and scholarly solution to this problem.

Determining organ which is obliged to the implementation of the responsibility to protect for people who are exposed to serious human rights violations , is essential important . But , determining international institution binding to the intervention is important for that institution , too . Because this institution may face to increase with costs and military crises . At the same time , might work success in putting down situation against human rights , find a better place than before in the international system . The international intervention by this institution can increase the credibility of the United Nations and the responsibility to protect doctrine . On the contrary , the arbitrary intervention by any international institution , or a state can damage to the validity of the international law and the world order . So , the Security Council as a source of authority must work better than before.

According to the deterrence theory the severity of punishment in drug crimes is justified on the basis of the quantity of drugs. The reason of this issue in sentencing is related to the harm. It is presumed that more drugs have the ability to cause more harm and for this reason sever punishments are needed. This issue has adverse consequences in the appropriate response to the drug offenders. The In this research, content analysis of the statutes was used for examining the quantity problem. Findings of the research show that overemphasizing on the quantity and ignoring the culpability criterion has led to the more severe punishment of the low level drug offender in comparison to high level drug offenders. Furthermore, Drug couriers and user dealer have also affected by this criterion. It seems that the lack of scientific studies to evaluate the consequences of this issue, the lack of knowledge about the empirical findings in the other countries and strict views among criminal justice officials are the important obstacles to the right legislation in this issue.

Forfaiting is a method of trade finance that according arrangements between exporter (creditor) and Forfaiter, he purchases, at a discount & on a without- recourse basis, debts that are due to mature at a future date. Theses arrangements involve some agreements and transactions which make Forfaiting. They usually are associated with transfer of documents evidencing the payment claim, such as bill of exchange, promissory note and documentary credit
.in the Forfaiting exporter assignments or sales its receivables or commercial documents to the Forfaiter.Therefore financing, complex and multiple contractual relationships, negotiation of commercial instruments are legal aspects of Forfaiting that may cause certain legal issues. in this methode there are several contractual relationship between exporter(creditor) and importer(debtor), exporter(assignor) and forfaiter(assignee), forfaiter and importer(debtor) that this article trys to explain those.
by conclusion of financial contract with commitment of forfaiter to discounting of receivables, mutual obligation will be arised. purchased receivable or commercial document is able to sale in second market.

International commercial rules not ratified by governments are divided into two categories. Some of them are designed to be incorporated by the parites of a international contract, such as incoterms, others are conventions and model laws designed to ratified as hard law by government but not yet ratified. In this paper we tackled the question what is the legal status of International Commercial Soft Law. In this regard, we disregarded the discrepancies existing in public international law works. In sum, the legal status of such rules is mainly dependent on principle of freedom of contract and principle of autonomy and how and to what extend commercial customes are recognized by different jurisdictions. Internaiotnal Commercial Soft Law has found a special position in international trade for several reasons, such as involvement of commercial and industrial practitioners in drafting of such rules, development of democracy, liberalization of economy, globalization of trade and so on.

Terrorism in severe forms, can include a variety of international crimes.
On the one hand, by the establishment of the International Criminal Court and on the other hand by the recognition of extraterritorial jurisdiction of national courts, International criminal justice system is seeking to provide criminal justice.
This article seeks to explore the possibility of exercising the jurisdiction of Iranian criminal courts and the International Criminal Court over crimes committed by ISIS in Syria and Iraq.
The main question is that, despite Syria and Iraq are not the members of ICC and the fact that crimes are committed outside of the territory of Iran, how and under which conditions can we accept the criminal jurisdiction of the national and international authorities?
With this hypothesis; In the case referred to the UN Security Council, escrow declaration by the two countries or jurisdiction exercised to nationals of States party, the ICC is able to exercise jurisdiction.
On the other hand in compliance with the requirements regarding the principles of real, personal and universal, criminal jurisdiction of Iran can be exercised.