نشریه دیدگاه های حقوق قضایی
پیاپی 62 (تابستان 1392)

Right to development includes national and international aspects. The fact that human beings possess all human rights is an objective that is followed by development processes. Such a remarkable objective differentiates the right to development from other instances of human rights and makes all national and international elements responsible. The present article puts aside abstract discussions of right to development and puts emphasis on methods and techniques of implementing right to development andrecognizing and removing implementation obstacles of right to development. Implementing abstract concepts of right to development declaration entails deep understanding of the way through which developing countries make decision, the way the forces are influential in determining priorities, and the way the statements evaluate development processes. This article evaluates the way good governance can provide grounds for achieving right to development and millennium goals development. Furthermore, the influence of good governance indices regarding obviating implementation obstacles of right to development is investigated so that the importance of improving right to development indices as an improvement of national aspect of right to development and a procedure to improve development, eradicating poverty,and achieving millennium goals development can be emphasized.

In contrast with general principle of open legal proceedings in governmental courts we have a general rule governing on arbitration and other alternative dispute resolution like negotiation, arbitration, mediation, privacy & confidentiality proceedings. In other words, in this method third parties except for parties of dispute are not authorized to be present and observe parties disputes. Furthermore any distribution of the case and disclosing of information and presented documents either by parties and/or relevant persons of the case have some limitations and prohibitions as well. This paper intends to consider the real meaning of privacy and confidentiality in arbitration and alternative dispute resolution, manner of reacting to different laws and regulations especially forkeeping confidentiality situation of mentioned methods.

Nowadays, the share of claims by insurance company is really important. Reinsurance is insurance that is purchased by an insurance company (reinsurer) from another insurance company (insurer) as a means of risk management, to transfer risk from the insurer to the reinsurer. With reinsurance, the insurer can issue policies with higher limits than itwould otherwise be allowed, therefore being permitted to take on more risk because some of that risk is now transferred to the reinsurer. Reinsurance can help to make an insurance company’s results more predictable by absorbing larger losses and reducing the amount of capital needed to provide coverage. There are two basic kind of reinsurance: technical and formic classifying. In technical one there are Proportional Reinsurance and disproportional Reinsurance. In the second classifying, there are Facultative reinsurance and obligatory Reinsurance. In spite of legal and economical advantages of reinsurance, insurer doesn’t want to conclude the agreement.

With effect from 11 January 2009, Europe has a new system of private international law in unfair competition and restriction in competition cases. The Rome II Regulation1 determines the applicable law in all civil and commercial actions to which it applies, in all courts of all members of the EU.This article is to canvass some aspects of the new phenomenon of conflict of laws in non-contractual obligations arising out of unfair competition or restriction in competition raised in Art.6 of the regulation Rome II. The purpose of the rules against unfair competition is to protect fair competition by obliging all participants to play the game by the same rules. Moreover the modern competition law seeks to protect not only competitors (horizontal dimension) but also consumers and the public in general (vertical relations). This three-dimensional function of competition law must be reflected in a modern conflict-of-lawsinstrument.

Negligence of non-doctor Medical team May lead to money, body andspiritual damages to Sick and his relatives.In Iranian legal system, committer of body incident or injury isrecognized as an offender and will have criminal liability and because ofthis reason in body damages, civil liability is considered less thancriminal liability. In some cases because of impossibility of start ofcriminal suit, we will have civil liability. And in other words because ofnon – existence of criminal Characteristics we just have civil liability. Inthis paper with analysis of legal aspects and bases of civil liability of non– doctor Medical team, we will find that selection of different approachesin raising suit in the court by claimant, we will have different conclusionsin liability or non – liability of medical team.

Despite the formation of International Criminal Court and entering into force of its Statute, There is Some Ambiguity on Certain Fields of its Activities. One the most important ambiguity is about the subject matter of the jurisdiction of the Court on the crime of aggression. This ambiguity is due of the political and legal nature of the crime of aggression and insufficient agreement of the international community on the definition of this crime. Notwithstanding of the recognition of the legality of the crime of aggression and the criminal responsibility of its perpetrators, the Rome Conference agreed the above crime and its definition, elements and the conditions of its exercise should be defined in the Review Conference of itsstatute. The Review Conference held in Kampala in 2010 and issued a resolution on the definition and the conditions of the ICC jurisdiction on the aggression but expressly delayed the exercise of that jurisdiction till next Review Conference on 2017.The main issue on the exercise of the jurisdiction of the Court on aggression is the kind of relationship between the ICC and the security council of the United Nations and the determination of this crime by those bodies.

According to the Article 227 of Commerce Law and Article 19 drawing cheque in respective with appointing a representation for issuance of draft and cheque, the following questions have always been present: a) whether this representation exists only at the time of signing a document; or it will be present at other stages such as endorsement and assurance, too? b) Whether the responsibility of signing a document is always for the original person; or under some conditions the representative will be considered responsible and obliged to pay? Although there isn’t a clear cut rule in Commerce Law; appealing to other rules, particularly Commerce Law in commercial documents, Geneva and Uncitral conventions, and Law of some countries such as England and USA; would lead to the following a) representation is not limited to the signing at the time of issuing the document; but it includes the other subjects such as endorsement and assurance, b) the said representation is not only true for signing draft and cheque but also for signing the promissory note. c) the general rule in representation suggests that the original person is responsible, but under special conditions such as when the person who pretends to be the representative is not actually the representative; or in case of being the real representative he has violated his powers; or in spite of having enough power at the time of signing a document, he has not stipulated his representationand has not disclosed the identity of the original person.