فصلنامه پژوهش حقوق عمومی
سال چهاردهم شماره 36 (بهار 1391)

Today, many aspects of human life and its governing law, influenced by the concept of globalization and changing, evolution and formation. There after 90 decade, all traditional concepts such as politics, security, economy, culture, communication and law have converged with the world suffix and emphasize on this suffix, it is analyzed and recognized again. Globalization of Law, at least in some areas, including human rights as an indisputable fact, now is on giving. This type of globalization is shaping based on human proximity culturally and to acceptance of values, ideas, awareness behaviors and world human common institutions and it is developing in two frames as unification or harmonization. The present paper studies the globalization of human right as the most striking example of practical globalization of law by considering of this cultural base and selected the harmonization method.

University While much have been told aboutthe theoretical aspects of human rights, and challenges and procedures in Persian legal writings. The theoretical and practical situations about animal rights andits challengeshave been ignored. An important task is necessary to contemplate about hypothesis and doctrines about this issue. Fundamentally, some aspects of this issue is related to human rights that caused challenged. Animal rights should be regarded as a compromise between regarding animals as having no direct moral standing and treating animals as morally equivalent to humans. The infliction of unnecessary suffering served no purpose on animals that is morally illegitimated and prohibited. A philosophical defense of animal rights must seek to show why humans are morally superior to animals, and why the interests of the former should take precedence over the latter. It is true that animal rights are based on the principle of unnecessary suffering, and it is also true that this principle is still to some extent imprecise. In this essay we will consider some theoretical debates about animal rights, then taking a glance at some limited provisions in European and U.S laws; finally we will address the role of some international organizations in response to the present challenges of animal rights.

The dominance of tax laws in the passage of time is under the reign of some principles like the principles of passage of time, unretroaction of tax laws, prompt performance of tax laws and the annual taxes. This article has got a comparative approach to the mentioned principles in the law system of Islamic Republic of Iran and other countries. The analysis of these principles in law system of other countries and its comparison with the law system of IRI presents their relative progression in these countries. Meanwhile, the law system of Iran has applies a similar approach with other countries about annual taxes, prompt performance of tax laws, and unretroaction of laws, butthe principle of the passage of time has been neglected in the reception level of tax laws of Iran.

There are various facets for sovereignty and in the field of economic sovereignty, much importance attaches to the monetary sovereignty. In this paper, after having a short survey on the bases, the limits and consequences of monetary sovereignty from the viewpoint of public international law has been studied. Despite the notion of monetary sovereignty has not been expressly defined in key instruments of international law, the following are regarded as the attributes of monetary sovereignty: the monopolistic power of a state to coin and issue note, to define the monetary unit (nomination) and its value, to regulate the foreign exchange transactions and to impose exchange controls, to supervise the financial units acting in that realm, to control liquidity and the power to impose embargos. In the meantime, the different laws applicable to monetary obligations have been considered in this paper. At the end, I have discussed that the main limitations on monetary sovereignty are just ones that have been raised in the Articles of Agreement of the IMF and according to the Articles of Agreement; the said limitation could be removed whenever the member state decides to withdraw from the IMF.

Rule of law is a multi aspect, complex and developing theory that during the fluctuation of history from ancient Greece until today have been exposed with variety concept and conceptions. Once it has been defined as the equity before the law and also sometimes it has been introduced against the monarchy. Sovereignty of religious law also means the sovereignty of divine law over the people. This thesis intends to survey the relationship between Sovereignty of religious law and rule of law in applying method of legislative, executive, and judicially powers through Islamic Republic Iran legal system This paper intends to survey the relationship between Sovereignty of religious law and rule of law via considering the Islamic Republic Iran judicial system through judge’s documents before judgment rendering and their documents to abstain from governmental regulation performance.

Article 2 (4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. It is relatively uncontroversial to say that states have not seen the prohibition of the threat of force in the same light as its weightier counterpart, the prohibition of the use of force. One should first ask if and how the threat of force under certain circumstances can contribute to the primary purpose of international law, i.e., maintaining a minimum world order, and second, if in such a case the threat is accepted by the international community at least as legitimate, if not as legal. This is why the present article will try to examine threats of force by adopting a functionalist approach, i.e., by taking into account their function and consequences, as well as the purposes pursued by the threatener. Thus, the present article will try to explore how the illegality of the threat of force has developed since the 1907 Hague Peace Conference and in particular after the entry into force of the UN Charter. Indeed, no threat of force, not even ultimata issued in conformity with Hague Convention 3, would today be legal unless they comply with the customary and Charter provisions on jus ad bellum. After determining what conduct amounts to a threat of the use of force, the status of its prohibition in the framework of the sources of international law will be investigated. Sections 3 and 4 will then discuss the consequences of the threat of force under the law of treaties, the law of state responsibility and international criminal law, as well as the remedies at the disposal of the victim state.

Arbitrability means if some kind of claims can be settled by arbitration. It is famous that claims about state and public property are not arbitrable. Under article 139 constitution law and article 457 of civil procedure law these kind of claims can be refer to arbitration just with authorization of the cabinet and knowledge of parliament, if the party is stranger or in the view of law the subject matter is important, then reference to arbitration must be with authorization of parliament. This issue is apparently adverse to current trend of legislator and governmental institution. We are going to protecting this recent trend and decrease of nullity of arbitration clause by the new definition of public and state property. Issue of validity of arbitration clause will study in two parts: public property and state property.

Kadi is one of the nationals and residences of Saudi Arabia which for ease of doing his business registered an international institution in Sweden called Al-Barakat. On October 19, 2001, this person according to EU Regulation Number 476/2001 set in to the list of persons suspected for terrorism financial support. According to this regulation, all his property was seized in favour of EU. On May 27, 2002, this regulation replaced by Regulation of EU Council. In this regulation, again Kadi recognized as a financial supporter of terrorism and his property remained seized. Kadi made a complaint before EU Court of First Instance. After obtaining no result, Kadi appealed from that award to the ECJ (European Court of Justice). What you will see in this article are subject evolution, arguments declared by the Court of First Instance and ECJ. Then by considering awards and ideas of international lawyers, analyze legitimacy and non legitimacy of the United Nations Security Council Resolutions.