نشریه تحقیقات حقوق خصوصی و کیفری
سال یکم شماره 3 (پیاپی 6، تابستان 1384)

The author in this paper analyzes the changes in foreign policygrowing out of the new thinking in international relations debates. Theauthor here has the advantage in his analysis of having been able to moredefail and alternatives within the changes. He outlines the institutionaldomain of foreign policy in international relations debates and examines itsconnection with international politics. The author makes a striking case onsetting out to fashion and implement a foreign policy, as well as, circumscribing the debates among idelists and realists and also the debates withinthis sphere between traditionalists and behaviorists. This paper provides theclearest indication of how the different concerns and insights of the statesaffects the political analyzes. He deals with what he calls chronicle in thenature of international politics and relationship between states. The authorhere provides varying perspectives of international relation’s thinkers anddoers and also demonstrates the role of countries of the south in framingthe rise of international system. This paper probides the policy alternativessupported by various groups within the elite, like: Kenneth Waltz, Alisonand Singer.

Cataloging of historical events could be done in three manners:historigraphy, chronology and beholding history. The author callsthem narration which has a distinguished speciality. He belives that asa matter of fact writing the events which have been taken place in theQajar dynasty into history was not never historigraphy and nor wasa chronology by itself. So there are several themes that run throughthe time which attemp to rethink beholding history in this way. Theauthor uses a modernized one: identity. He describes it as a processwhich leads to the realization of what is and who is. The content ofthis context can be analyzed on the basis of “Self-Else” , “traditionalreligiouslegitimate” and “authority”. In this article three texts of theQajar dynasty have been collate by these Substances: (elixir of history,royal vestiges, modern history). He concludes that identity have anyobjectivity itself. It is important to appreciate the full significance ofthe point that the history texts imply a process with men’s identity orindividaulity. This binary matching of identity with history has beenunderstood too inflexibly.

This article is a study of the American compulsive and coerciveforeign policy formulation and its defence stategy on preventive war andpre-emption after the September 11/2001. The immediate application ofthis policy was a broader formulation of coercive and compulsive foreignpolicy which accepted the right of the U.S. to pursue unilateral or even multilateralsolutions, and also a doctrine permitting pre-emptive and preventivestrikes against contemporary international terrorism, terrorism and genocide(nuclear terrorism). These policies, developed during the invasion ofAfghnistan and Iraq wars. Supporters of the Bush doctrine, also described as the neo conservatives, advocate the dominance of Middle East issues by theU.S. and are involved in this plan (Greater Middle East Initiative). The authorbelives that this strategy is based on fostering economic progress and thedeveloping skill levels of the politics in this region, instead of, dealing withimplications for settlement on core issues of the Palestinian-Israeli ongoingdisputes. The new national security strategy of the united states issued afterthe September 11th, is a policy of actively ignite a new era of economicgrowth in Arab countries and finite political resources for them to meet theU.S. priorities

One of the important issues the general civil practice dealswith is the significant benefits of the joint ownership and its realizedeconomic results. The author has fresh ideas on regarding theownership share regime and right of possession in the orders of thecivil law in Iran. He offers good advices on the matter of exercisingthe right of possession and use by co-owners and the legal regulationswhich contain the legal relationship among the co-owners and alsothe way of obligation. He illustrates important trends that each coownerhas the right to possess and use whole common property,however, none of them shall exercise this right if it adversely affectsothers legal interest. He also emphasizes on the right of the co-ownersof disposition the property share. He documents the French approachon how they regulate this question

The United Nations Convention on Contracts for theInternational Sale of Goods is Widely recognized as a landmark effortto harmonize laws governing international transactions. The author ‘ssearching in many contracts, cases, the convention itself has reviewedthe problem of breaching such a contract. He considers that, a breachof contract committed by one of the parties is fundamental if it resultsin such detriment to the other party as substantially to deprive himof what he is entitled to expect under the Contract. Citing the matterin a judicial manner, he believes that the remedies which have beenprovided for the parties in this convention, have been made subject tospecific restrictions. In this regard he reaches the conclusion that theparties must have the right to declare the Contract avoided and in themeanwhile to claim for damages, too.

The Principle of Good Faith in the law of contracts is one of themost important and fundamental principles. Nowadays this principleis located and mentioned in general rules of international commercialdocuments. It means that Good Faith should be considered andexecuted in every transaction. In this article, the author endeavors toexplaine the importance of this principle in international transactions.In the first part it is tried to explain the concept of Good Faith. Thenit is shown the place of this principle in Common Law and Civil Lawsystems. In the second part of this article, it is explained the place ofGood Faith in international Commercial documents like CISG, PECLand UNIDROIT. In this part we can see the great expansion anddevelopment in the scope of Good Faith principle in new internationalcommercial documents. All of these lead us to have an independent common law. The aim of this study is to consider the notion and elements ofevasion of law in private international law as a limitation of party autonomy.It will consider the relationship of this doctrine to other institutions such asavoidance, public policy, good faith and mandatory rules, and will discusswhether or not it can be considered as a proper device for limiting freedomof choice by the parties. Consideration will also be given to the existenceof this doctrine in private international conventions in particular the RomeConvention on the Law Applicable to Contractual Obligations, 1980.

Nato’s claim that the intervention must be motivated byhumanitarian reasons, and its unilateral intervention in Kosovoelevated the most controversial questions. The international reactionto this action has been mixed. This paper seeks to engage with thecurrent debate over the legitimacy of humanitarian interventionby focusing on the legal and moral challenge posed by unilateralaction in the society of states. The author investigates if the UNauthorization is a crucial condition for the legitimacy of humanitarianinterventions, and if so, what is the proper relationship between theSecurity Council and the General Assembly? The first part of thepaper briefly considers how the problem of unilateral action is treatedin the disciplines of international law and international relations. Therest of the paper identifies three alternative interpretations of thelegality and morality of Nato’s unilateral action in Kosovo: First, theintervention was illegal and a fundamental threat to the principlesof international order; Second, it fails the test of legality but shouldbe morally approved. Finally, it represents a landmark case in thedevelopment of a new rule of customary international law permittingunilateral humanitarian interventions.