مجله علم و وکالت
پیاپی 1 (پاییز 1397)

Determining the jurisdiction of courts is one of the key issues in the conflict of courts in the field of international private law. It is determined by the examination that the rules governing the jurisdiction of courts derive from the rules of local jurisdiction in the domestic law of the countries. In Iran's legal system, in which the courts dispute a rule of law, the Iranian courts use Iranian jurisdiction to determine the international jurisdiction of the courts and apply the rules of local jurisdiction in this regard. The research shows that these local jurisdiction rules are aimed at facilitating the investigation and mainly for the sake of protecting the interests of individuals. However, in the international arena, due to the principle of party autonomy, as well as the maintenance of public order, the rules governing the determination of jurisdiction are not considered arbitrary. That is why, the agreement of individuals in determining the international jurisdiction of the courts is not admissible, and the principle is based on the invalidity of such an agreement. However, referring to the procedure of important countries such as France and Germany, it is observed that a limited identification of the credibility of the agreement between individuals is anticipated. In the legal system of Iran, it can be validated in some limited cases that do not violate the rights of individuals and which do not contradict the public order and the principle of party autonomy of the country, the agreement of individuals in determining the international jurisdiction of the courts.

Backgrounds and Objectives: Since the lives of citizens in the current world are tied to virtual space, despite having positive effects, its negative consequences are not protected. Therefore, despite the threats of cyberspace and the violation of citizenship rights in it, the need to protect the fundamental rights of citizens in this space is evident. Thus, preventive social strategies and conditions that are certainly less costly, more reliable and, moreover, more effective than prosecution and suppression, are at the forefront of attention. The present research is based on descriptive and analytical method based on corpus documents and resources. Preventive strategies can be a considered as a major barrier against the goals of cybercriminals by providing practical and appropriate practices such as anti-disruption programs, licensing issues, proper use of cyberspace and the Internet, and media measures, and thus prevent the violation of citizens' rights in cyberspace. This article is attempting to reduce the number of violations of citizens' rights in a vague and widespread cyber environment, despite the many challenges and crises in this field, by providing preventive strategies. Cyberspace has a tremendous impact on the rights of citizens, and sometimes various factors in this complex existing world lead to examples of violations of citizenship rights to a large extent. Meanwhile, although preventive strategies have been instrumental in preventing the violation of human rights in this area, despite the growth of cybercriminals, the adoption of preventive strategies and upgraded support seem to be needed.

Cyber economic espionage is one of the types of espionage which is shaped by business and economic information in the context of cyberspace via computer and telecommunications systems. In fact, this type of espionage with respect to the subject of the offense including trade secrets is particularly related to cyber espionage. This form of espionage has not been independently considered as a crime in Iranian criminal law, and particularly, the criminal protection of business secrets has been only incorporated in electronic business law in order to protect legal and fair exchanges in the context of electronic exchanges. This has led the criminal law to be exclusively employed in electronic exchanges and is not valid in the context of espionage of trade secrets. Cyber economic espionage can be investigated based on the law of computer crimes from which Article 3 has been allocated to computer espionage. We hence made an attempt to explore the constructive elements of this crime by a comparative study of American law of economic espionage and we aimed at identifying the strengths and weaknesses of the laws of our country in the realm of fight against cyber economic espionage.

Revocation is a safeguard of the International Convention on the of Sales, which pushes the affected party away from its obligations. But the special conditions for applying it to what is involved in the internal rights of the interlocutors may differ, and incorrect and wrong use of it can be considered as a cause of contravention of the contract. So, the judicial procedure about it must be investigated to see how it works and in which cases it is allowed to be applied. In this paper, we will briefly review the issue by reviewing the terms of revocation and its conditions, along with the governing principles and the effects of revocation beside investigating numerous issued votes in different countries under the jurisdiction of the Convention and will have an overall investigation on revocation.

In legal system of Iran the requirement of obligor to perform obligation, performance of obligation by obligee or the third party and ultimately the revocation, are the options which are ahead of obligee in case of breaching of contract obligations. Even though obligations in their specific meaning are confined in contract obligations but in common meaning can be emanated from contract or compulsory causer which with investigating the rule of requirement of obligor to perform the obligation and the rule of prohibition and the rule of judge of who refuses, could be maintained in the necessity of performance of obligations in order to prevent the access of damages on oblige in case of nonperformance of obligation and act of compulsion on obligor to perform the obligation in order to prevent damage. By considering the opinions of famous Islamic scholars on priority of compulsion on obligor to perform over other ways in case of breaching of obligations and regarding legal procedures adopted as articles concerning the obligations, compulsion on obligor to perform the obligation in case of breaching of contract obligations could be cited as a rule.

In recent decades, international communities and institutions have paid considerable attention to protecting the environment and preventing environmental issues and problems. Today, international governmental organizations – regional, international and even nongovernmental organizations – play an important role in preserving the environment and committing their members to the international environmental regulations. On the other hand, through the codifying and regulating various laws and principles, these organizations are contributing greatly to the development, dynamics and efficiency of international environmental law. In this regard, the United Nations and its main organs such as the International Court of Justice and the General Assembly, as well as the specialized agencies, associated with the United Nations and its subsidiary organs have great potential for formulating and developing international law of environment. These communities have taken big steps so far; such as conferences in Stockholm and Rio de Janeiro as well as various conventions and recommendations on environmental issues. The last but not the least, is the great role of international regional and also nongovernmental organizations in the development of international environmental law.

In the customary crimminal law system, all crimes have public aspect. However, some of offences that are dominated by personal and private formation are considered by lawmakers as forgivable offences. In pre-revolutionary laws that were drafted on the basis of this system, delibirate crimes were subject to the principle of offences irrespective of condition of victim, while in the postrevolutionary laws up to 1370 under the influence of the Islamic Penal Code, intentional offences as the obvious case of personal right was forgivable. The Islamin Penal Code (1370) imposed a punishable offence for deliberate crimes in a state of affairs without public affairs over the private aspect. Although the Islamic Penal Code (1392) Provides for a penalty payment for caces where the conditions that are given for correctional punishment, but according to the sentence below, Article 103 of this punishment is not a general title.

Criminology is a branch of criminal science that analyzes the biological, mental, and social causes of the emergence of crime in order to prevent crime perpetration and rehabilitate and cure offenders by means of scientific and objective methods. The development of this field and the failure of government’s policies to confront with criminal phenomenon has engendered novel approaches regarding protests against the present state of the society. One of these branches is critical criminology which was formed in order to criticize structural inequality following the inefficiency of criminal justice system and criminal inflation. One of the most prevalent theories put forth in this particular approach which has had significant influences on the criminal system of nations is peacemaking criminology. This branch of criminology is based on agreement and compromise and indicates an affectionate and peacemaking approach in terms of coping with criminal phenomenon. In fact, this approach is utterly against the practice of violence regarding the execution of punishment. The peacemaking criminology is closely associated with approaches regarding abolitionism, restorative justice, and anarchism and seeks a more secure life for citizens. the opponents of this view believe that peacemaking criminology is a life philosophy and cannot be analyzed empirically. Furthermore, it may lead to the increase of the government regression power. The concepts of peace and compromise have received much attention throughout the world as well as Iran. Aspects of forgiveness and repentance, and so forth in the realm of punishment law and also concepts like abandonment and suspension of prosecution and criminal mediation and so forth in the realm of code of criminal procedure indicate further efforts of Iran’s criminal politicians to decrease violence and hostility and consequently elevate and promote peace and compromise.

Security is one of the recent challenges of the international community due to the changing nature of crime and the criminal policy of the security-based governments. Various international documents commit member states to provide human rights to members of the community. However, governments are struggling to enforce strict policies to fight and control some complicated crimes, including terrorism and money laundering, to restore the community's order and security. These strict policies, while changing the principles and boundaries of criminal law, lead to inhumanization of criminal law unlike the welfare state, which accepted the policy of rehabilitation of criminals by adopting policies and corrective measures, security agencies with severe and potent penalties would exclude the possibility of criminals returning to society. In this regard, the offender is considered as a non-affiliated person who is considered to be committed with the commission of a crime against an individual's society. Applying such policies, in addition to violating the privacy of individuals, would result in violations of the rights of unpunished people in addition to offenders. This policy is obvious in the United States of America in a coherent manner, but it is used as some case studies in Iran.