فصلنامه پژوهش حقوق عمومی
سال شانزدهم شماره 45 (زمستان 1393)

The universality of (at least some of) moral norms was being challenged by many thinkers, philosophers, religious reformists, and even the political actors. Assuming that universality of the contemporary human rights as a morally justified as well as consistent system, the main task of this article is to appraise Wittgenstein`s ideas, once with regard to a Kantian contractual reading of human rights and then with an “in using” language approach, of course, not to question Universality of Human rights, rather to support a kind of universality. Finally, we shall explore the potentiality of Wittgenstein‘s thoughts to entertain a rather soft version of universality of human rights by revisiting his Tractatus and proposing the idea of “meaning in use” in his Philosophical Investigations

International court of justice as main judicial organ of United Nations not only has duty to resolve disputes between states but also has duty for protecting values which are accepted by members of international community. However, it has duty to resolve disputes according existing rules not according lex ferenda, changes in the area of human rights affected function of ICJ. We can observe clearly these changes in function of ICJ in the case of Guinea against Congo. In this judgment, ICJ by refocusing on human rights rules as a part of corpus of rules of international rules, through helping solidarity of international law, prepared a field for respect and compliance of human rights. Another important outcome of this case is changing the material domain of diplomatic protection and verdict to payment of compensation for reparation of nonmaterial damages.

In the framework of international human rights, the right to adequate food is a fundamental right of everyone to access to food which is safe and Nutrient. Risks which associated with GM food productions for consumers, has been arisen concerns of human right activists. Every state has the duty to ensure that all persons under its jurisdiction achieve at least minimum essential food which is necessary for his or her life. So that because of increasing supply of GM food in the market, and the obligation of states to ensure the supplement of healthy and safe food for members of society, the main question is about the obligation of states to ensure the balance between right to food and right to health on the base of international agreements in the field of food safety.

International Humanitarian Law (IHL) as a series of rules which aims to protect civilians against the effects of hostilities has prohibited expressly the use of civilians as Human Shield. But voluntarism in human shield poses some question of law. In fact in some situations, civilians may put themselves in front of military objective by their will, which is a controversial issue. Some scholars consider the Voluntary Human Shield as taking direct participation in hostilities by civilians which deprives theme of the protections IHL grants to civilians. But the opponents view refuses this interpretation. This article rejects the idea of Voluntary Human Shield, as direct participant except in very specific situations where criteria of "direct participation" are met.

In this article, we want to analyze the essence of the principle of unreasonableness as a judicial review ground in common law and its application in the jurisprudence of the Administrative Justice court. For this purpose, its concept, the twofold conception and categories of unreasonable decisions in UK case law are examined. Also, cases of Administrative Justice Court are expressed that could be construed in the light of unreasonableness. There are cases in jurisprudence of Administrative Justice Court that are included in expansive reading of unreasonableness for example reversal of principle of equality and non-discrimination, rationality and flaws in logic and reasoning, fair balance between relevant considerations, the failure of a public authority to have regard to a relevant consideration and taking into account of a legally irrelevant consideration, mistake of fact and oppressive decisions for example a gratuitous interference with the rights of the occupier and preventing to access to court.

Codification is a process of collecting and restating legal codes in a certain area, usually by subject, in a codex (book) of law. This is for clarifying the laws. It works usually by forming a legal code by subject. Its aim is to clarify legislations, usually by subject in different collections. By Iran legal system, the concept of codification in legal text has been used in different ways. We can say that there was a “period of time” in Iran in which was trying to codify the legislations and organizing them. However such an effort was so unsuccessful to achieve goals have been appointed. Nowadays, we are witnessing attempts to recodify current established law. In this article, failures are examined by an historical view to shed light on new understanding in this regard. One of the most important circumstances is to have a thorough understanding of established law order in each part of legislation. It should be noted that understanding of setting corpuses of law in a “common esprit” is the key for codes making in Iran. Probably one of main reason to fail in codification in Iran is ignorance of the common spirit of laws and no sufficient understanding of rules in a set of law.

Contamination from wastes is one of the fundamental human concerns. There are international instruments on environment which have considered responsibilities for States in a way that they have to protect the environment from waste. In this context, this paper examines various and common obligations of States in the conservation and protection of the environment against wastes (particularly hazardous wastes) and the proper ways they can manage their disposal. This paper concludes that though international instruments on environment have provided rules on the proper management of wastes, what is needed to extend national and international cooperation on monitoring States activities as bodies should play a more effective role in combating pollution resulting from wastes, particularly hazardous wastes.