صلاحیت قضایی

Terrorist crimes are one of the most basic and fundamental challenges of the international system and the most terrible threat against the fundamental rights and freedoms of nations. The international community, which was faced with the phenomenon of terrorism in the second half of the 20th century, responded by accepting a set of international and even regional conventions for specific types of terrorist crimes and the commitment of governments. After the terrorist attacks on September 11, 2001, global efforts against terrorism increased. Of course, these incidents were committed in such a way that the international community plans to revise the legal, security and technical systems and mechanisms in the international and national arenas in relation to the identification and assessment of threats caused by contemporary terrorist crimes. Terrorist crimes are currently considered as a treaty crime, which can be prosecuted in any territory due to its international and transnational nature. Of course, this is due to the legal status of each territorial territory in terms of accepting international jurisdiction in dealing with terrorist crimes. In addition, this category of crimes, due to the characteristics of international crimes, has the possibility to be under the jurisdiction of the International Criminal Court.

Illegal distribution of copyrighted materials in cyberspace of our country and others is quietly widespread. In spite of the obvious legal vacuums, some works such as videos, music recordings as well as musical performances also scientific texts can be sent throughout the world. Publishing works in foreign countries' databases, or accessibility of intellectual works by on-line service providers to subscribers at a global scale are one the biggest legal challenges.  Acts of copyright infringement can instantaneously and simultaneously occur in several countries. Since the accessibility to digital networks is universal as well as interactivity allows recipients and transmitters (of copyrighted works) to change roles, it is difficult to determine the place where an intellectual work is produced, reproduced, distributed, violated or infringed. Concerning international documents, the determination of a competent court is subject to the determination of copyrights infringed. But it is ineffective due to the cyber ultra-network. Hence, the article has discussed a new criterion called "court of the place of business of Internet Service Providers (ISP) to determine the competent court regarding those matters through using library research method that lawmaking can be great help resolving legal ambiguities.

How energy is supplied according to consumption and demand is a crucial issue in the contemporary world. Fossil fuels have limited resources globally and are gradually running out, so countries are looking for an alternative energy. Despite the benefits of nuclear activities, we may often experience internal and international damages resulted from such activities. Injury to the victims of the accidents raises the issue of identifying the legal system governing civil liability and the settlement of disputes over claims of nuclear damages, which is the subject of the present study. The findings of the study suggest that the two main civil liability conventions of Paris and Vienna hold the operator of the nuclear facility liable for damages, and in terms of jurisdiction, in the first place, these two conventions hold the jurisdiction for the court at the place where the incident took place, and sometimes hold the jurisdiction for the court at the place of nuclear facilities, and also in terms of legal jurisdiction, according to the provisions of the convention, the laws of the competent court hold the jurisdiction for the national law of the place of the nuclear facilities. In a review of domestic law, it should be noted that Iran has no substantive law in the field of nuclear civil liability and has not acceded to any of the international conventions on civil liability. Therefore, the purpose of this study is to examine the provisions of international conventions in an analytical and descriptive manner in order to enact law in the field of civil liability for compensation of nuclear damage or to accede to international conventions, taking into account the existing judicial policy in this field.

In the age of electronic commerce, relying upon the territorial protection of trademarks law and facing its violation in the virtual space have become a challenging task. The lack of legislations for analyzing virtual space and the ambiguity over its connection with physical space in the law to determine jurisdiction have prompted the U.S. courts to tackle with the violation of trademarks and to give verdict on them by identifying some criteria in jurisprudence. According to these criteria, an American court accepts its jurisdiction in the virtual space and awards compensation based the state law on the conditions that certain factors exist and certain criteria are realized. By realizing those crideria, the court can extend the law even extra-territorially to damages incurred in a foreign territory. These criteria are: 1. The violation of trademark affects significantly the U.S. trade. 2. The site containing the violated trademark has been launched to target U.S. citizens and to influence its trade. 3. The site actively interactes with the U.S. residents and has caused damages within the country. 4. The accused has benefitted. from its deals and therefore, has exposed himself to the jurisdiction and legal protection of that state. In all these cases, the court determine and execute its personal jurisdiction.

According to customary international law, foreign states are immune to judicial prosecution in domestic courts of other countries. Such immunity was first exercised in the United States in Schooner Exchange vs. McFaddon case on the basis of courtesy, not as a fundamental right. Since that time, decisions made by the US courts with regard to immunity of foreign states have been influenced by decisions of the Department of State. Since early 20th century and after the beginning of extensive intervention by the state in market economy, despite Washington acceded to the limited immunity of foreign states, that immunity was still influenced by decisions of the Department of State. The Congress passed a law in 1976 on the immunity of foreign states in order to increase latitude of the judicial authorities in investigating cases which came under the immunity of foreign states independent to the Executive. Based on that law, foreign states were granted absolute immunity to judicial competence of the US federal and state courts unless a case was considered one of the exceptions which were mentioned by the law of immunity. However, the US courts continued to take orders from the Department of State. This paper uses content analysis method to discuss compliance of judicial and legislative authorities of the United States with the executive power: a system which is more influenced by political pressures than the rule of law.