فصلنامه مطالعات بین المللی پلیس
پیاپی 45 (بهار 1400)

On 27th November 2019 the first sentencing decision regarding offences against the administration of justice was confirmed and finalized by the ICC’s Appeal Chamber judgment. Appropriate sentencing was very controversial; Trial Chamber suspended the imprisonment and determined that the principal perpetrator’s punishment would be higher than the accessory to the crime. Appeal Chamber reversed the decision and returned to Trial Chamber VII to resentence. In this Descriptive-Analytical research it is found that remanding sentences to the same Trial Chamber for a new substantive determination is in contradiction to legal principles and the provisions of the Rome Statute. Furthermore, it is found that the Appeal Chamber is strictly bound by the explicit wording of the Statute's provisions and does not agree with its expansion even if it is in the interests of the convicted person and of justice. The Appeals Chamber pays due attention to individualization of sentences and it deems the solvency as a relevant factor in determining appropriate sentence. In the ICC, the trial chamber may on its own motion or at the request of the Prosecutor or the accused hold a further hearing to hear any evidence or submissions relevant to the sentence. Then it accepts or rejects the submissions of the parties one by one by its detailed reasoning. This procedure is advisable for our domestic law.

Relationship between privacy and police limitation in vehicle and mobile phone search is one of importance issues in Criminal Law of Iran and United State. But justifying the preservation of criminal documents along with maintaining police security under the Search Incident to Arrest of accused has caused the accused's privacy requirements to be secondary. Research question of this paper is, what is the impact of vehicle and mobile phone’s privacy requirements on the basis of Search Incident to Arrest of accused in Criminal Law of Iran and United State? Findings of this study indicate that ruling spirit of Iran's Criminal Laws prohibits police from detecting a crime initially and through an initial investigation into a non-visible crime outside the judicial permission and not related to visible crime. However United State police, without following this distinction, search objects in the capture of the accused immediately after his arrest, and extends the scope of his search without any separate judicial authorization to other alleged crimes unrelated to the crime of origin and to the private vehicle and mobile phone of the accused. Meanwhile behavior of the police in the United State justice system has not been confirmed overally, but there is no single position in this regard.

Contrary to the view that the obligation in favor of a third party is an exception to the principle of relativity of the contract, today in different legal systems it is considered that such a view is not acceptable and the transnational documents of the contracts are regulated accordingly. Some Iranian jurists have considered the obligation in favor of a third party as an exception to this principle. In Iranian law, insufficient attention has been paid to the method of expression of jurists who have expressed this argument in an example. In Imami jurisprudence and consequently in Iranian law, in general, the acquisition of a benefit, including the benefit of a person and an object in favor of a third party, as well as the acquisition of an object to a third party and the obligation to own an object to a third party and an agreement in favor of a third party. Property subject to litigation in favor of a third party or payment of a third debt and obligation to pay alimony to a third party or to pay usury to a third party is also valid as an obligation to the deed, or abandonment of the deed for the benefit of a third party. It is in the interest of a third party. The obligation to conclude and the obligation to abandon the contract and create a right or abrogate the right in favor of a third party and the expulsion of a third religion.

Terrorism as an ominous phenomenon that has plagued the international community, especially in the West Asian region, for many years, with irreparable crises and injuries, has become a common pain, not only unleashed but The organization of groups and the emergence of instances of hatred have been far more disgusting than those of ISIS. In line with this qualitative and quantitative development, the actions of various institutions and organizations in the field of counterterrorism are also increasing and evolving, in which interpol activities and capabilities can be Cited as the second largest international organization. In this research, the combined library and observation method is used to describe and analyze interpol possibilities such as declarations, bilateral and multilateral police interactions, the formation of regional task forces and cooperation in extradition. The result, in addition to the need to pay close attention to the organisation's unique capabilities in the field of counterterrorism, confirms the neglect of many Interpol opportunities, including other non-red alerts, as well as special and bilateral interactions. The policemen around the world are experts.

According to the International Atomic Energy Agency, Iran has always been committed to the obligations of the Comprehensive Joint Action Plan (CJAP) in terms of surveillance and reduction of uranium enrichment. Lack of commitment to the spirit of CJAP is the apparent reason for the US administration withdrawal, which is mainly due to reasons such as Iran's political isolation in the Middle East, putting restrictions on missile programs and perhaps somehow changing of the government, which would be the main purpose of the withdrawal, return and intensification of economic sanctions.  Therefore, the question is to what extent Iran has been committed to the obligations of CJAP and what kind of measures have led to the reduction of Iran's obligations? Research

This article has been written in a descriptive-analytical method.

The non-commitment of other CJAP member countries to the actual lifting of the previous economic-oil sanctions, despite the launch of Instex and the expiration of many deadlines by Iran, led to a gradual reduction of CJAP obligations in 2019.

The reduction of commitments by Iran is not with the aim of violating the obligations of CJAP, but as a defensive measure and with the purpose of maintaining security against the conditions in which the United States seeks to dominate Iran's policies with maximum pressure and consequently reduce independence in decision based upon their national interests .Moreover, Iran could use this as a factor in bargaining and gaining concessions and ensuring the other side's future commitments in possible future negotiations.

The validity of the judicial seal as a universal principle to prevent the resumption of litigation and to maintain public order in relation to the judicial order is common in legal systems. In contrast, out-of-court dispute resolution processes such as arbitration, mediation, conciliation and negotiation are not based on the same rule, and the question is whether these processes extend to the scope of validity of the adjudicated case or not?

The method of writing this article is descriptive-analytical.

In addition to being low-cost, the dispute resolution processes described in the customary system have a wide range of examples. In contrast, the first step in resolving a dispute in Iranian law is to file a lawsuit in court, and the use of these methods is seldom and sometimes considered as leverage for pressure from the other party.

Despite many differences, arbitration, along with the court ruling, has entered the scope of validity of the final judicial case, while other processes due to the lack of effectiveness of the accepted principles of the validity of the adjudicated case, such as certainty and finality in terms of enforcement. They do not have the power to enter into this credibility, and their only advantage in the Kamnala system is to end disputes by relying on these processes and avoiding imposing costs on the judiciary.

Eco-terrorism is one of the new issues that poses a serious threat to the international community. Ecotourism involves acts that pose a threat to human life as well as endanger the overall use of natural and cultural resources. Our main question is whether actions against the property of expansionists who interfere in nature under the guise of terrorism and ecotourism can be criminalized?

The present study is descriptive-analytical and has benefited from fish-taking tools. Findings and

Attempting to criminalize these acts under the name of terrorism faces challenges because the traditional concept of terrorism is different from ecotourism, the first of which relies on people and the second on property, but lawyers try to develop the concept of terrorism. They have been criminalizing these actions under the heading of terrorism. In this study, according to the existing legal rules and regulations regarding the crime of environmental terrorism in international law, analyzes, reviews and formulates ecotourism standards in the light of international environmental law in order to protect the common heritage of humanity and while expressing legal gaps. Existing, which can be criminalized by examining modern legal systems such as the United States, which seeks to develop the concept of terrorism.

The family is the foundation of human society and the main center of growth and excellence of individuals. However, like any other institution, there may be conflicts and disagreements. In many cases, these family tensions lead to separation and separation of couples. Today, the legal solution for separating couples is to go to family court. As a result, and according to the laws in question, resolving disputes in family lawsuits is the responsibility of the arbitral tribunal. The Family Protection Law adopted in 2012, according to the order of the holy sharia of Islam, has made it necessary to refer divorce cases to arbitration. This is a legal requirement to bring about peace and reconciliation between conflicting couples and to support a family unit that is on the verge of breaking up. Therefore, the present dissertation uses the library method to examine the role of arbitration in reducing the number of cases submitted to the judiciary with emphasis on family lawsuits. The most important results of the research are that; Due to the importance of the position of arbitration in resolving disputes and encouraging people in the community to refer to the arbitration institution, it is necessary. One of the issues that is being considered today in reducing the rate of divorce and the social harms caused by it, and which has lost its function in the family justice institution today,

Upstream oil contracts, like any other contract, are made up of at least two parties. The parties to the upstream oil contracts consist of a reservoir government or the National Oil Company and the International Oil Company. Each party tries to get the most points and interest from the mentioned contracts. Investors or international oil companies try to recoup the costs incurred along with their expected profits during the contract period, and instead the National Oil Company or the reservoir (employer) government tries to maintain production in addition to maintaining production. And to prevent serious damage to the oil reservoir, to manage the amount of revenues from oil revenues in such a way that the contractor or the international oil company does not have any revenue and on the other hand, the interests of the country owning the reservoir are preserved. This concern has caused the model of upstream oil contracts to move from concessions and participation in production to service contracts. In this regard, the employer or the government that owns the reservoir, in order to preserve the natural resources and to monitor the performance and expenses of the International Oil Company, shall include supervisions in the upstream contracts in its favor. Examining the employer supervision in Iran's cross-selling oil contracts and the new Iranian oil contracts called IPC will lead to a better understanding of the effectiveness of these conditions to protect the country's interests. Employer supervision in cross-selling contracts is significantly better than Iran's new oil contracts.