مجله تحقیقات حقوقی
پیاپی 99 (پاییز 1401)

The right of veto has always been of great importance as a means of exercising power by the permanent members of the Security Council. This article aims to review the veto procedures in the UN Security Council in a descriptive-analytical manner using the theory of realism. The main research question is: What effect does the veto privilege for the permanent members of the Security Council have on the veto of the Security Council? The results show that today, the emergence of various political and economic developments in the international arena has led to the veto is no longer open and real, and permanent members have tended to a secret and open veto. On the other hand, the issue of veto power has been brought to the attention of the international community today, and various countries have stated that veto power should be restricted in cases such as genocide and the commission of widespread crimes against humanity. However, this has not yet been finalized and finalized. However, due to the developments in the new era and the existence of crises such as Syria, it is not unreasonable to expect that with the approval of the applicable documents, the veto will be severely restricted in practice, although we see a kind of restriction on the veto.

Nowadays, the continued control and domination of the seller or other stakeholders over the goods in transit is one of the needs of the International Trade. This control can include a wide range from determining the environmental conditions of the cargo to changing the consignee of the cargo and the place of delivery, or even preventing the delivery and returning the goods. Although the rights and obligations of the seller and the buyer is studied within the framework of the law of International sale of the goods, but since the context of this control coincides with the shipment of cargo through the carrier, the rights and duties of the shipper (seller) and the carrier should also be considered in terms of International Transport Law. In some related conventions on carriage of goods, there are relatively similar contexts as the “Right of disposition of cargo” but a comparative study shows that a full and up-to-date example of it as the "Right of Control" is provided within Rotterdam Rules 2009.

By Refer to the International Civil Aviation Convention, known as the Chicago Convention, shows that Civil Aviation can play a dual role in providing or threatening international peace and security. Clearly, the Chicago Convention, in its preamble, recalls the positive role of international civil aviation in “creating and preserving friendship and understanding among the nations and people of the world”, noted that: “abuse the future development of international civil aviation considers as a threat to general security”. Hence, the Convention has not neglected its negative effects on international peace and security. Now, if it is proven that the sanctions imposed on the civil aviation governments sometimes lead to abuse of the civil aviation, the question arises as to whether this is not explicitly considered in Article (4) of the said Convention, a violation of the Chicago Convention and the abuse of civil aviation and as a result, it does not endanger international peace and security? The authors' answer to this question indicates that according to the studies conducted in this article, at first, because of the negative effects of aviation sanctions prevail over positive effect, second, the aviation sanctions have become a tool for violating the Chicago Convention and abusing of civil aviation.

The principles of a fair trial, which guarantee a fair trial, cover the entire trial, including the Execution of criminal sentences. The principle of judicial execution of criminal sentences, which expresses the necessity of the intervention of the judicial authority, along with broad powers in the execution of punishment and in order to make the punishment commensurate with the personality of the convicts, is one of the most important principles of fair trial at this stage. Many legislators, realizing the need for this principle in the implementation phase, have long accepted and applied its requirements. The appointment of a qualified judge to execute the verdicts, the granting of the necessary powers to him and the executive body and the possibility of appealing against his decisions are the most important requirements and requirements of the principle of judicial execution of criminal judgments. Now, although the Iranian legislature, by approving the Code of Criminal Procedure in 1392, while recognizing the executive judge, has granted him powers; However, this faces serious criticisms and challenges due to the lack of conditions such as expertise and experience, lack of full judicial authority and the impossibility of appealing against his decisions. It seems that the adoption of the "Law on Execution of Criminal Judgments" and the creation of an independent structure of the institution for the execution of criminal judgments, along with granting the necessary authority to use correctional institutions, the right to change the sentence Get out of these challenges.

The principle is based on the innocence of the accused. The accusation of the accused must be dealt with in a legal process without any doubt. Based on this, there are special rules about the reasons for proving a criminal case, including the rule of Daraa, which has a wide application in this field. Especially in the realm of confession, as the queen of reasons in proving guilt, the rule of law rules. According to this rule, any doubt about the authenticity of the confession and its related issues will invalidate the confession. Doubts in the conditions of the confessor, evaluation of the validity of the confession which the confessor later referred to, invalidity of the confession outside the court, evaluation of the confession before the court, analysis of the confession and examination of the doubt in the validity of the bound and compound confession, doubt in the necessary quorum for the confession according to Any crime, confession caused by threats, reluctance, torture, indoctrination and omissions, is one of the most important issues related to the Daraa rule about confession, which is discussed in this article.

Today, Restorative justice can be considered as a response to some crimes. This concept include elements as victims, confessed criminals, behavior which is affected the victim and local community and the responsibilities of the offender towards the victim. The aim of this responsibility is to compensate the damages which were caused by crime. In the meantime, some consider the responsibility unrelated to punishment and others consider it compatible with punishment.Through empirical examination of the effect of punishment on real and hypothetical victims, the present study seeks to explain the position of punishment in restorative justice. The statistical population of this research are Iranian students of the Ferdowsi University of Mashhad. By using Cochran’s Q test, the sample size that determined was 378 people. Also the sample selected from population through the stratified random sampling method. Data were collected by Likret scale method. The validity of the questionnaire was examined by professors; the reliability of questionnaire was evaluated by Alpha test at level of 0.81 and data were analyzed through Excel and SPSS.Findings show that victims have different attitudes toward punishment goals. The Restorative attitude in minor crimes can lead to substitution of the punishment but in major crimes, the restorative attitude is weakened; and the propensity for punishment increase. Evaluating the factors of the victims emotional recovery shows that they cannot restore their emotions without executing the punishment. However, if the apology and compensation are accompanied by punishment, they satisfied with lighter punishment.

Placing States military confrontation against Transnational Non- state Armed Groups in area of Non-international Armed Conflicts and the principle of equity of belligerents, have been caused applying of International Humanitarian Law to members of such Groups is being faced with fundamental problems. By considering the existing shortcomings and gaps, this question arises that is it possible to apply these principles and rules fully to Transnational Non-state Armed Groups? Or, in spite of this fact that the rules and principles of International Humanitarian Law have been prepared and edited by States, it is needed to find a new solution through preparing and formulating amending regulations for more coverage of such groups. Accordingly, by identifying strengths and weaknesses of International Humanitarian Law through analyzing and description of library information and documents, we would like to determine the amount of supportive coverage, advantages and disadvantages of this law when encountering with Transnational Non-state Armed Groups

The Impact System of “Centralized and Dispersed Companies’ Registry systems” on the Provision of legal and Economic Security” AbstractInformation transparency in the context of Companies is regarded as a means of achieving economic security in both micro and macro dimensions. For this reason, the legal systems, considering the access to this information necessary, established the Companies’ Registry systems; However, these systems do not have the same approach in terms of information registry and And record this information in the form of two systems: Centralized or Dispersed system.In this study, we conclude from a comparative perspective based on the logic of Law & Economics that in order to realize economic security, a centralized registration system can provide more security in addition to lower cost and therefore can be recognized as a superior system within the framework of the efficient theory. Finally, some suggestions have been made to improve the dispersed registration system of Iranian companies.

Project finance is nothing but sourcing funds to a long term infrastructure project, or any other project, and using the cash flow generated from the project to payback the financing procured. Issuance of securities is one of the main sources of financing. Securities refer to any form of financial instrument which are negotiable and represent an asset. Securities include bonds, stocks, asset-backed securities, and sukuk.Given to the liquidity restrictions of governments and banks, securities is recognized as a proper alternative. In fact, The accumulation of small capitals, passive investors, non-intervention in project management, flexibility in financing terms and access to a great deal of liquidity are undisputable benefits of securities and made it as an interesting tactic for financing the projects.Distinctive characteristics of project securities in comparison to corporate securities are in allocation of risks, repayment of principal and profit, responsibility of the sponsors and in the functions of the SPV.

On the one hand, an employment contract between a club and a professional player is subject to national labor laws and regulations, on the other hand, the contractual relationship should be considered binding upon the parties to it based on the principle of pacta sunt servanda,. The legal basis for terminating such a contract and its effects is set out in the FIFA Regulations on the Status and Transfer of Players (RSTP) and it has been developed by jurisprudence of the FIFA Dispute Resolution Chamber (DRC) and the Court of Arbitration for Sport (CAS) profoundly. While the RSTP does not contain any further details regarding the concept of just cause, the question of whether the parties are entitled to terminate the employment contract unilaterally and prematurely remains subject to the additional application of Swiss law as a subsidiary law as well as case law of DRC and CAS. In this regard, only a material breach of an employment contract can possibly be deemed as just cause as a reason for its termination. A material breach occurs when the main terms and conditions under which the employment contract was entered into force are no longer implemented. This scientific research paper, in the light of a comparative study and analytic method, describes the circumstances and analyzes the subject-matter of termination of the employment contract between the club and the professional and its consequences relying on the FIFA rules as well as case law of DRC and CAS.

Incontrovertibly each person’s body has an undeniable role in his shaping personality. Nowadays and based on scientific efforts, we know sex and accordingly, gender, as a spectrum in inter bodily experience. Over the long years intersex status was considered a “disorder”, but recently “different” experience of the two feminine and masculine sexual templates replaced the prevailing perception of intersex status. Concurrently with these scientific efforts, the process of legal recognition of intersex persons as conscious, dignified and autonomous persons has started; the process which is unknown in many countries.Legal recognition is an action that during the years, encapsulates the debate on the agent of recognition on the one hand and subject of legal recognition, intersex persons, on the other hand. Birth of positive and negative legal recognition is the result of this action and reaction. In negative legal recognition, only the two feminine and masculine sexual patterns are recognized and intersex persons have to undertake the burden of irreparable and dangerous surgical shaping to join one of the two, without informed consent and necessity of treatment. But in positive legal recognition, existence of component elements such as right to self-determination, right to bodily integrity and right to have infant genitalia, creates a right-based model of legal recognition of intersex persons; a model that informed consent and necessity of treatment comprise its limitations to guarantee mentioned rights and actualize the fundamental idea of positive legal recognition, i.e. the equity between intersex and male or female humane.

Vegetative State is a type of brain damage that despite the death of the brain hemispheres, brain stem continues to work. Due to the medical criteria of death and uncertainty about the possibility of recovery of these patients, there are doubts about their living conditions. These doubts have created challenges for discontinuing or continuing treatment of these patients. Discontinuation of the treatment in situations where due to the prolongation of vegetative state and special conditions of patients, there is no medical hope, is the question that the present study addresses. In the precedents of some legal systems such as United States and United Kingdom, different criteria have been proposed. Attention to the patient's will is one of the important criteria. Despite some differences in practice, these criteria have come closer to each other and most legal systems have defended the possibility of discontinuing treatment. The lack of such criteria in Iranian law and the fact that this person is considered alive from a medical point of view and the sanctity of the right of life, makes it difficult to pay attention to the patient's will to stop treatment in Iranian law

The adverse impacts of disputes on performance and economic of petroleum projects as well as the social costs of disputes for the parties necessitate the application of dispute avoidance strategies in petroleum contracts. In this regard, understanding the origins and causes of disputes is of great importance. Studying the disputes arisen out of petroleum contracts identifies that the disputes originate from the nature of petroleum contracts as an Economic Development Agreement (EDA); special features of these contracts or the industry, such as: uncertainties inherent in the exploration, development and production of oil and gas, vast area of the projects, social and political sensitivities toward petroleum industry specially in the oil producing countries, and the multiplicity of the contributors of petroleum contracts. Hence, concentrating on the constituent elements of contracts, disputes are attributed to either the subject matter of a contract or the specific nature of the parties to a contract.

Essentially, according to the law of States responsibility reparation is the consequence of the responsibility. Nonetheless in aerial incidents States practice demonstrates that reparation is of importance which States before or during the institution of proceedings in ICJ as the competent authority, in this case, prefer to settle their dispute through negotiation and determining a sum as reparation. Thus, so far there is no international judicial precedent leading to any judgment regarding the aerial incident and most of the cases resulted in ex gratia payment by the responsible State. Until the adoption of article 3 bis if Chicago Convention, in cases similar to Ukrainian flight, lack of any definition of the wrongful act was a serious barrier for admission of claims before the ICJ. After the adoption of this Article States obligated to refrain from use of force against civil aircraft and respect the safety and security of persons on board which it resolved the problem. But even in cases after that date, the practice of States tended to acceptance of ex gratia payments. In this method the State pays a determined sum without accepting its international responsibility. In regard to flight 752 seems that ex gratia payment can be a practical and faster way for settlement of the dispute between Iran and other countries.

The principle of recourse to the gift in the accepted case law besides the shaky ownership, even if it is free is not desirable. The issue of waiving the right of recourse of the creditor is significant. There is a dispute regarding this issue in Imami jurisprudence and legal doctrine. This subject is not addressed in the codified laws; therefore, it is necessary to be studied further. This research used the descriptive-analytical method and valid jurisprudential and legal sources to study the feasibility of waiving the right of recourse to the gift. Some argue that recourse to a gift is a ruling and that the waiving of the right of recourse leads to the loss of donor, and the violation of the purpose results in the forgery of the right of recourse, so they are against the validity of waiving the right of recourse. However, we can reject the arguments of the opponents in addition to some other reasons including rule of action, the requirement of nature of the contract, the principle of validity and freedom of contracts, the economic benefits, and that only interest of the donor is not intended and is a way to prevent misconduct and eliminate unnecessary protocols; hence, we can accept the right of recourse to the gift. This waiving can be explicit or implicit and may be included in the gift contract or in another requiring enclosed contract, or may be raised independently.

Although arbitration is a contractual method of dispute settlement but it has a judicial output. This output emerged from imposing the arbitrator's award on disputing parties. The entry of the arbitrator into the arbitration process requires the establishment of a contractual relationship between him and the parties to the dispute. The agreement which is concluded by the disputers to obligate the arbitrator to settle the dispute is called the "Arbitrator's Contract". This contract, which is considered less, at least in Iran's law, is the source of the arbitrator entry into the process of arbitration and his intervention in resolving the dispute. According to this contractual relationship arbitrator obligate to settle the dispute between disputers. In contrast, disputing parties also obligate to pay remuneration. The main practice of this research is to analyze the unknown relationship from the contract law perspective. An implicit assumption of the issue is twofold, firstly, men of parties in this pattern must be specified and then to check whether the issue and entity or the nature of that correlation can be applicable to the preset contract forms of civil law or it is a new separate design. Results from the analysis of relationship between arbiter and disputing parties reveals that at least three involved agents must meet the same state of mind on the case, which discusses unraveling issues in return of specified wage and finally this contract has its own nature and aspect.

Sometimes the acquired rights of government employees, which are created in accordance with the law and in compliance with legal conditions, are ignored in administrative actions and decisions. While according to the principle of observance of acquired rights of individuals, this rights in all administrative actions and decisions should be considered and not be subject to deprivation, change and restriction. In thhs article, with the aim of explaining the position of acquired rights of government employees in the jurisprudence of the Administrative Court of Justice, after stating the basics and conditions of creating acquired rights, the jurisprudence of the Administrative Court of Justice regarding the acquired rights of government employees is analyzed. The present study, using library and documentary sources and descriptive and analytical methods, shows that based on the principle of observance of acquired rights of individuals, the acquired rights of government employees are protected in the jurisprudence of the Administrative Court of Justice and must be respected in administrative actions and decisions. Accordingly, if the acquired rights of employees are violated by administrative actions and decisions, the actions and decisions of the subject of the complaint are declared invalid and the complaining party is required to restore the violated rights of the plaintiff. However, in order to prevent the violation of the right of employees' acquired rights in administrative actions or decisions, it seems necessary to increase the support of the Administrative Court of Justice and raise the level of awareness of administrative officials about these rights.