فصلنامه پژوهش حقوق عمومی
سال پانزدهم شماره 39 (بهار و تابستان1392)

Epistemic-Ontological view although not codified in a separate field on legal propositions which states normative statement is one of the important issue, discussed in philosophy of law in both Islamic legal and western legal philosophy. On this basis, The outcome of islamic and western views can be analayzed in realistic and unrealistic school, of which the second is refered to as unrealistic and the other as well as some of Islamic philosophers as a realistic school which ratiocinates islamic legal system and leads to its choice as an reasonable legal system.The article summarizes the main thought and criticisms of western and second islamic philosophers concerning unrealistic school and then gives a detailed overview of realistic idea which its goal is to prove that all normative legal propositions base on actual and necessary causality.

Since the end of the cold war, the International Community has become increasingly preoccupied with a phenomenon giving rise to a wide range of humanitarian, legal and security strains generally known as ‘State failure’. Recent examples of it are the situation of state institutions in Somalia, the disintegration of the former Yugoslavia, the crises in Rwanda, Haiti, Liberia, Congo, Sierra Leone and finally Afghanistan. While some argue that the challenges ahead of the process of reconstructing the weak failed States, in a liberal democratic fashion, is rather cultural than a mere technical issue, the main question with regards to its broad definition remains as to how under International law may we recognize a state as weak or “Failed State”. In this article, after reviewing certain features of a state failure, we will chronologically analyze the different aspect of the failed states in both doctrinal views and states practice in contemporary international law.

The principle of International Cooperatio is of great importance in the International environmental law as one of the public international law branches. In this fram ework the euitable and reasonable utilization of territory and management of common resources such as transboundary water resources and international lakes requires international cooperation. Universal desire to Public’s need to cooperate toward environmental protection in many binding and non - and it s implementation in global and regional scope is studied legal basis of the principle of cooperation in international environmental law is expressed the 1972 Stockholm Declaration is one of the first texts who initiate this issue. In this paper, is expressed. Article 24 of environmental law texts binding international.

Introduction of the notion “Decent Work” by Secretary General to International Labor Organization (ILO) in 1999, opened a new chapter in the field of labor law. A division of law subject to ongoing development and evolving dynamics, mainly as a result of ILO perseverance towards formalization of minimal oughts and basics bearing on the conception of labor law. Decent work by pursuing a combination of four strategic objectives of securing: 1- Basic rights at work including: A- Abolition of forced labor B- Freedom of labor unions and right to unionize C- Wage equality and prohibition of discrimination. D- Minimum working age and abolition of the worst forms of unlawful child labor. 2 - Employment. 3 - Social support. 4 - Social dialogue; opened a new debate as to reshape the pattern of labor law. In this article, irrespective of potential limitations, such debate is reviewed both theoretically by comparative study of relevant laws and regulations and experimentally through statistical examination by making reference in social dialogue to the figures and indexes published by ILO on the issues of failure to enroll children (aged 10-14 years) in school, low hourly wages and the such in Iran. This article concludes that deficiencies attributable to the legal regime of decent work in Iran lies mainly on two areas of basic rights at work, namely social dialogue and indeed, freedom of unionization. Furthermore, Iran sadly ranked 29 among 41 countries of which minimal statistics were available, mainly due to its "excessive working hours " and the gap between its male and female contribution in the country’s work force pattern. Since in the absence of statistical analysis, effective identification of decent work deficiencies seems somewhat impractical, constant data gathering, keeping records of relevant indicators by authorities and public access to such figures is deemed crucial.

In every society, power is deemed as an essential element for securing and maintaining sovereign governments worldwide; however, human history shows where it is not laid under control and supervision, in the absence of unaccountability to members of society, there is a likelihood of its inclination towards abuse of power and corruption. Meanwhile, even so the government structure may well be assumed as democratic, maintaining constant supervision over its various constituent elements and divisions is a prime objective destined, within a legal framework, to be achieved and that it requires efficient supervisory vehicles in place as to carry out duties of such grave importance. Notwithstanding that, it is a duty assumed primarily on judicial bodies to fulfill, prevalent complexity and bureaucracy in mazy aisles of courts coupled with lengthy proceedings therein, compelled some states establish organizations delegated to deal with complaints brought by people through non-judicial fast and brief process. These organizations were termed “Ombudsman” or non-judicial supervisory institutions. Nowadays, Ombudsman-providing the public with convenient non-judicial mechanism, through which their complaints against government are heard - is considered as an indication of political development and an inalienable part of effectively protecting basic rights of citizens living in democratic societies, to such extend that one may argue that the notion of a democratic and developed nation may not realize without independent and efficient Ombudsman in place. Indeed, by striking a balance between the interests of the people and the government to which they are nationals, Ombudsman function as powerful mean laying down the necessary foundation for realization of a favorable democracy. Accordingly, given their superb functionality and potentials, Ombudsmen may well serve the vital purpose of developing and institutionalizing a democracy by reinforcing its fundamental principles and satisfactory addressing of citizens grievances or petitions which may arise as a result of government wrongdoing. Adopting a question-oriented approach and through a descriptive-analytic method, this paper attempts to examine the relationship between democracy and Ombudsman as a non-judicial supervisory establishment; and respond to the questions of how and by what means may it globally contribute to development of democracy.

Recent developments of concept and instances of rights have given rise to many chanllenges among legal theorists, each of them has attempted to tackle the challenges in his/her particular way. It is claimed that in order for us to have a better life it is no longer possible to merely rely on the first and second generations of rights. It is, necessary to (generate or establish) another generation of rights that is commensurate with requirments of the collective life. This necessity has been the basis on which the idea of third generation rights has been established. Now, in order to deal with claims under third generation rights – which are also called group, collective or peoples – we are, first, required to put forth a clear undeatanding of the concept of third generation rights. It is, then, essential to deal with theoretical foundations of these rights. In this regard, we endeavour to answer certain fundamental questions on these rights: what does third generation rights mean? What are their instances? Are we allowed to use the title of ‘rights’ for claims made under collective life per se? What are the arguments of proponents of this kind of rights? Are the arguments tenable? If not, what is the altertanative analysis?