فصلنامه پژوهش حقوق عمومی
سال سیزدهم شماره 33 (تابستان 1390)

The United Nations, the most important international organization, has multifaceted criminal policy to fight against Genocide. Preventive criminal policy being one of the essential aspects of this policy has less effectiveness because of UN’ structure. In recent decades, UN has taken new approaches and changed from culture of genocide´ prevention to foresee of genocide. Responsibility to protect peoples from genocide and creation of Special Adviser of Secretary-General on the Prevention of Genocide, Special committee on the Prevention of Genocide and Human Right Council are conceptual and structural advancements in UN. Generally speaking, full effectiveness of UN’ criminal policy with regard to genocide, needs reformations in its structure, specially in security council’ structure and strong correlation with the other aspects of criminal policy, i.e. legislative, judicial and participative.

International minimum standard` as a customary rule in International law, is about treatment of states on aliens. Despite many bilateral treaties between states about proper protection of foreign investors, many jurists and also some states believe that, `International Minimum Standard` as an obligatory rule, protects foreign investors properly, even where there is not any treaty protections.In this Article, by analysis content, elements, and challenges of `International Minimum Standard`, is tried to prove that this rule is a general and ambiguous standard, it lakes necessary ability and features to protect foreign investors. Therefore providing the proper treaty protections and guarantees for foreign investors in host country is necessary.

In this paper, it is tried to consider when deceit can be a tort, as deceit is a source of responsibility in Iran law which deducted from jurisprudence, we will study its condition and requirement in Iran and England law as two different legal systems.Civil responsibility means the condition of creation the claim for victim. There is not main difference between deceit in Iran law and fraudulent misrepresentation in England law.Differences are related to effect of existence of omission and inefficiency of wrongdoer’s knowledge in Iran for establishing responsibility.

Pain and suffering damages are one of the most popular damages which arise in people’s mutual relationship in the society. The importance of studying such damages is that, on the one hand, the people’s well-being of a society guarantees its development and on the other hand, the compensation of damages has always been as one of the substantial goals of law which is indeed establishing justice and making restitution for the victim as much as possible.The assessment of pain and suffering damages has never been studied independently by Iranian jurists and has just been posed in the law books and in one part of the moral damages; thus we have attempted to justify the compensation and assessment of such damages.Comparative study shows that the compensation of such damages has been accepted in most of the countries. In the present research we try to suggest some ways for compensation and assessment of such damages. At last we criticize the different theories presented about how to price pain and suffering damages and suggest a theory corresponding to Iranian law.As a conclusion, studying pain and suffering damages and taking into account its compensation and assessment, causes a significant increase in people’s satisfaction and subsequently in social welfare.

Some connoisseurs believe that intellectual property is contrary with competition law. In contrast, another group explains that there is not any challenge between them. This disagreement shows that interaction or challenge between intellectual property and competition law is considered as variant issue and depends on the development level of countries; therefore, the legislator of any country tries to balance them by accordance of economic and develop interests and necessity. Recently, Iranian legislator has paid attention to this subject for the first time in Act on General Policies of Principle 44 of Constitution (Privatization Act). However, this Act has not been surveyed until now, hence, this article tries to answer these questions that what are innovations and defaults of Act in the field of balancing of intellectual property and competition law? And what is the effect of this Act on competitive atmosphere in Iran? This paper supposes that the approach of the mentioned Act is heterogeneous. The article constitutes two chapters: the first chapter considers the interaction and challenge between intellectual property and competition law by accordance of comparative study in EU regulations; and the second chapter surveys Act on General Policies of Principle 44 of Constitution and suggests suitable and practical solutions to legislator.

In traditional international Law, if the rebels could take over an important part of the country, other states should assist none of the parties of conflict, and if the level of involvement promoted to the conflict, ie the rebels could control over the country as equal or even beyond the government, and this position was identified by foreign states, then the third government could intervene by the request of each party. A current international law rule in light of the UN Charter has taken a different approach. On the one hand international law institute in resolution 1975, prohibits any foreign intervene in internal conflicts and helping the parties of conflict, but on the other hand, International Court of Justice in the Nicaragua case by separation between government and rebel group; assigned government right to invite foreign countries and called any assistance to rebel group against the rules and principles of international law and (the principle of prohibiting interference). The court in the case of "military activities in Congo territory" again emphasized on their previous procedures.

In the international law of treaties, likewise the law of contracts, an implied obligation could be inferred from the text of a treaty against a party (or the parties) as a matter of interpretation of the treaty by the authorized body in accordance with the law applicable to the treaties interpretation. Implied terms, obligations, and powers could be inferred from a treaty when, especially, the object and purpose of the treaty could not be fulfilled without that finding. Iran-Us Claims Tribunal, as the body which has been given jurisdiction over the interpretive disputes of the Parties to the Algerian Decelerations,has exercised its jurisdiction over numerous interpretive cases to fill the existing gaps in the Algerian Accords. The Tribunal, in two of its Awards has found an obligation implicit in the text of General Principle A and Paragraph 9 of the General Deceleration against the United States. The Tribunal first in B/1(Claim 4) inferred such an obligation against the United States to compensate losses incurred by Iran as a result of the United States’ refusal to return Iranian military properties. The Tribunal, then in A/15 (II: A), found the same obligation against the United States for the second time concerning Iranian export-controlled properties. The Tribunal in both Cases expressed that in the absent of this implied obligation, the object and purpose of the General Deceleration as set out by General Principle A namely, restoration of Iran’s financial position to the position it had prior to 14 November 1979, would not have been fulfilled.

In a historical division, criminology theories could be divided into classic (enlightenment), positivism (modern) and critical. After introduction of classic and positivism intellectual paradigm, they encountered with basic criticism by critical paradigm in 1950s. Branding (Labeling), contrast criminology (Marxist), feminist criminology, cultural criminology, and structure oriented, and postmodern criminology is the major theories introduced in this paradigm. In this theory, unlike what the previous paradigms considered, analysis of crime and identifying effective factors on it, will not form regardless to values and interests. Upon the critical paradigm, crime is definable and the power factor employs it against marginal and weak people. in addition, the crime does not necessarily exists in the real world, but the influential and power pyramids create it. This paper attempts by an analytical-historical approach to study new deviations of criminology & sociology with an emphasis on the concepts of discourse, subjectivity, power. The main emphasis of this paper is the new approaches of crime that primarily discussed in 1950s. The special characteristics of these approaches beside critical tend to the concept of discourse, are subjectivity & power.

Puisque les juges en tant qu,un homme ne peuvent jamais pénétrer au for intérieur des plaideurs et arriver aux vérités dans un débat (litige), il est toujours inévitable qu,on se trompe.D,autre part, dans tous les pays du monde il y a aes régles respectables pour arriver à un procés équitable.Donc il est indispensable qu,il y ait toujours la possibilité de ľappel et que le rendement des juges évalue par les autre juges du point de vue de ľexécution juste des règles pour faire respecter les princippes de la procédure civile.Pour ľobservation des intérêts sudits, ľappel des arrêts des tribunaux est une solutions qui ont été prévue dans la plupurt de pays comme Iran et Français pour réaliser la justice et ľexactitude dans les procès.Ľun des effets de ľappel est son effet dévolutif qu,il s,agit de transferer le procés avec toutes ses questions du fait et du droit du tribunal au cour ďappel.Le cours ďappel et les parties ont en même temps des pouvoirs et des limitations (restrictions) qui font ľobjet de cette étude.