فهرست مطالب

اندیشمندان حقوق - پیاپی 14 (پاییز 1396)

فصلنامه اندیشمندان حقوق
پیاپی 14 (پاییز 1396)

  • تاریخ انتشار: 1396/11/01
  • تعداد عناوین: 5
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  • Page 5
    Since the referral of the settlement of disputes in international commercial litigation to arbitration, today has become widely accepted as one of the most stringent conditions for most commercial contracts or in the form of an independent contract, consideration of the necessary conditions for the establishment of an arbitration agreement is necessary. Iran’s legal system in the field of arbitration and arbitration agreement with the
    adoption of the International Commercial Arbitration Law, while adapting the law of the Anasthali Model, largely accords with the international standards of commercial arbitration. The origin of arbitration is an arbitration agreement. The arbitration agreement is also an agreement between the parties to the dispute. The agreement is correct if the general terms of goodness of the transactions are met. In this article, the terms of the arbitration
    agreement will be reviewed. The present article is applied in terms of its purpose and its contents have been analyzed in a library method using authoritative sources, books and articles written and translated. The main question is, what are the conditions, contents and content of the arbitration agreement for resolving international trade disputes in accordance with Iranian law and international trade law? The purpose of the paper is to
    analyze the conditions of the arbitration agreement in terms of Iranian law.
    Keywords: Arbitration Agreement, Law Iran, Law International, Trade
  • Mostafa Forutan, Arsalan Ashrafi Page 21
    The International Criminal Court has been established to prevent the perpetrators of international crimes from being unpunished. Alongside the Court, governments have a significant role in dealing with international crimes. One of the steps required by governments to deal with international crimes is the criminalization of these crimes in their domestic law, because one of the important reasons for the lack of interest and willingness of national courts to deal with these crimes is the lack or lack of proper laws and regulations. The philosophy of conferring jurisdiction on states, for disregarding territorial or individual jurisdiction, requires a joint struggle against the crimes that affect all governments. Therefore, the foundation of global competence is based on the shared interest of all states in countering offenses that affect international interests. Unfortunately, the principle of universal jurisdiction, with its secondary and subsidiary nature, as well as the question of whether it is compulsory or optional, has been met by the reluctance of most governments. The practical procedures of governments and the
    few cases made on the basis of this principle of jurisdiction can be invoked in support of this view. In this paper, while analyzing the position of the principle of universal jurisdiction in the Statute of the International Criminal Court and the Islamic Penal Code of Iran, we will examine some of the most important crimes that may be pursued in accordance with specific laws or international treaties and based on the principle of universal jurisdiction in Iran.
    Keywords: International jurisdiction, Supplementary competence, International Criminal Court, Islamic Penal Code 2013
  • M.Ghorbanzadeh Page 41
    The JCPOA (Joint Comprehensive Plan of Action) regardless of its size and size, is the result of the inept and endless efforts of all major decision makers and executors of the country, which after a decade of controversy in order to Iran, the fear of the international community The protagonists of the Western governments, at the head of them, were criminal sanctions and, consequently, cruel and crippling economic sanctions, by exploiting the equilibrium and in pursuit of the slogans of electoral propaganda by President Rouhani, at the very beginning of the eleventh government The dilemma and jihadist morale of the Iranian foreign ministry as the primary custodian of this affair The first private diplomacy was followed with special attention. After numerous discussions and discussions about the technical issue of nuclear energy, they reached a consensus
    and a consensus on the six major powers of the world, the result of which was an understanding of the outcome.The JCPOA is to recognize the Islamic Republic of Iran’s right to peaceful use of nuclear energy and,despite the fact that it faces the problem of American exploitation, has the legal implications that this article examines the status of achievement in domestic law And international.
    Keywords: JCPOA, treaty, iran, international law
  • Omid Jamshidi, Mohammad Zali Page 53
    The matter of the time the evidence must be adduced by the claimant has been a source of controversy among jurists from a long time ago. The question is that is it posible to adduce the evidence during the procedure or all of evidences most be adduced at the beggining of the claim and annexed to the bill. Some strongly believe
    that the litigants are not obligated to follow paragraph 6 of article 51 of civil procedure act and can present their evidences based on benefits and necessities and they use the court’s obligation to administer justice and the correspondence principle as their evidences and so they eventually consider freedom in adducing evidence acceptable. Another group also holds the belief that the evidences must be presented by the defendant on behalf of the plaintiff during the complaint in the first defense session and “not prolonging the proceeding” and “maintaining order” can be pointed out as the excuses they have to believe so. We have made an effort to empower the second idea which means the necessity to adduce evidence during the plaint with regard to the articles of the law which are related to the discussion and writings of the jurists.
    Keywords: Evidence, the time of adducing the evidence, plaintiff, article 51 of civil procedure act, article 199 of civil procedure act