فصلنامه پژوهش حقوق عمومی
سال هفدهم شماره 48 (پاییز 1394)

Principles of international environmental law have been entered into international environmental law corpus by case law and international peaceful relations. In international relations, due to different international issues, disputes are commonplace. Today, the international disputes on the rise are the environmental ones, which threat human life and therefore the environment is backed by criminal guarantees in some cases. The scope of international issues in the international environmental area suffers from gaps. So, by referring the disputes to these tribunals, whose decisions are legally binding, one may believe that in addition to settling disputes peacefully, they have played a complementary and declaratorydevelopmental role in identifying important environmental principles in international relations. Among the very important principles of international environmental disputes are the principles of non-harmful use of land, precaution, sustainable development and etc. which, in the form of customary law, play an important role in regulating the relations and preventing the armed conflicts. Perhaps, if countries did not refer to international authorities for settling their disputes, there would not exist any applicable principle in international environmental law. In this article, we will examine and declare these principles by international legal decisions, and recognize the unique position of referring to legal means of settlement of international disputes.

Regulations governing the employment of human resources in Iran are studied in two separate legal systems. Provisions relating to public sector employment are studied in the administrative law and provisions relating to private sector employment are studied in the labor law. According to the existing laws, certain authorities are determined in order to deal with complaints concerning the employment of each of these two groups. However, despite the determination of such authorities, it seems that in some cases uncertainty may arise as to discern the competent authority. Its major problem relates to the ambiguity in the scope of labor law on the one hand, and other employment laws and regulations on the other hand. Thus according to the definition of the worker and employee, detecting their difference aspects, their diagnosis criteria, and determination of the competent authority to deal with the recruitment complaints would be essential, and should be conducted according to the rules and legal texts.

Disclosure of evidences to the accused is one of his defensive right components. Criminal Justice requires that the position of the accused in the criminal justice system be upgraded to the extent that he could defend himself. The accused is not entitled to use the facilities for collecting and presenting evidences for his acquittal charges after his arrest. In international criminal trials it is the duty of the Prosecutor, so that, in addition to other obligations, he may collect and disclose the evidences in favor of the accused. Although the International Criminal Court's Statute and Rules of Procedure and Evidence are innovative with regard to the evidences disclosure to the accused, but this disclosure is inconsistent with the protection of witnesses and victims, the confidentiality of reasons and prolongation of proceedings

The aim of this paper is to examine the impact of realistic theories of international relations on the development of international law. Realists, because of the anarchy in the international system, focus on power rather than the law. For this reason, they consider the relationship between power and law as a confrontational one. However, this research seeks to prove the hypothesis that power creates and advocates the rules of international law. Since the establishment of the sovereignty of nations, gradually rules to regulate the relations between States were developed. After that, the major powers took over the administration of international relations. History of international relations also shows that, in the period known as the hegemonic stability, although the hegemony benefited from the rules of international law in its own interests, it has acted as the main supporter of the rules of international law to maintain international stability and security. This paper, from a historical viewpoint, aims to examine the role of power in development of international law, by using a descriptive- analytic method

Research about the budget in Iran has a long history. In this research, we will explain components of the outside-systematic approach to the legal budget system and the obstacles to its reform in Iran with regard to the institutional analysis. This research achievement, regardless of the introduction of a new approach in the field of public finance law, is the expression of neccessities, principles and strategies for reformation of budget legal system in Iran. The most important result of this Study is that the budget legal system in Iran is shaped In the light of informal institutions; and although after the Constitutional Revolution a series of laws and regulations were enacted in this field, but procedures related to governance, the structure of the government and related organizations have contributed to extending the looting system, threatening the private property, lack of enough attention to the development means and good governance in Iran. Therefore, without reforming the government institution and change in the state’s decision making process and allocating the resources, the previous unfavorable situation will continue. Accordingly, the budget legal system’s revision depends on constitutional law and the administrative system reform

Industrial development and application of wide range of modern technologies are one of the influential factors in the increase of investment, economic growth and promotion of social welfare. However, according to conducted research and existing empirical evidence, those factors have brought about negative environmental impacts such as climate change and global warming. Here, patent system as a main legal framework to encourage and protect innovations, inventions and industrial progress has an undeniable role in the extent of such negative environmental impacts. Biological pollution is mainly the result of industrial activities and application of technologies that were or are protected under patent laws. Since the Convention on Biological Diversity emphasizes on the necessity of the preservation of environment and sustainable development, this Article tries to identify and clarify the legal gaps in patent laws by studying the patent protection theories and rationales, and further through the analysis of such laws and international cases put forward a number of solutions to the environmental challenges by offering some suggestions regarding the amendment of patent system.

Legal pluralism can be limited to formal and technical analyses; it could mean the governing of different legal mechanism to identical situations. Meanwhile, this meaning of legal pluralism hinders the judgment of all realities of the legal system and its development. Legal pluralism should not be investigated on the legal mechanisms level, but rather in the foundations and origins of the legal rules. This meaning of legal pluralism can be vertical or horizontal. Vertical pluralism is accepting several foundations in the same lenght, and lower foundation obtains its validity from higher foundation. It is horizontal when several foundations are in same width and no foundation doesn’t obtain its validity from other foundation and they are independent. In any case, both types of pluralism lead to substantive diversity of legal rules. Legal pluralism alsoprovides for development in the legal system and most importantly justifies the evolution from traditional law to modern law and from modern law to postmodern law.