فصلنامه اندیشمندان حقوق
پیاپی 3 (بهار 1392)

Euthanasia or mercy killing has always provoked serious discussions and, in spite of advancements in medicine, curing all diseases is still impossible, and putting an end to the sufferings of people with incurable diseases has caused serious disagreements among thinkers, doctors and jurists. Some people reject this idea arguing that it is a kind of killing and a violation of moral and medical principles, and authorizing it may result in misuse by doctors or the relatives of the patient. In Islam it isasserted that the lives of people do not belong to them and people are trusted to look after their lives. Moreover, as a matter of medical ethics, the practice of euthanasia by a physician does not exclude criminal liability. From the legal point of view, euthanasia is performed both through commission and omission. Some jurists, however, maintain that murder is materialized only through acting, and euthanasia as a result of omission is not considered as murder. Some others hold that in order to ensure personal independence, relieve pain and suffering and save the lives of those who are in a better condition than those with incurable diseases, and in accordance with the Kantian concept of autonomy, putting an end to sufferings of a patient should be permissible. They maintain that, under certain circumstances, euthanasia can be regarded as a fair way to end suffering.

Crimes, and the fact that Universal Jurisdictional being accepted for them(from many years ago) there are some new forms of these crimes, which is more common now. there are “Maritime Terrorism, drags smugglings and emigrant smuggling by sea. Between these new crimes, Maritime Terrorism is more important, because of the 9/11 terrorism attack in America which attract public opinion more than any other crimes. From 1980s, International Maritime Organization(IMO) has prepared and approved some international treaties, guidelines and recommendations for preventing these unlawful acts against the ships and their passengers and its crews. After 9/11 terrorism attacks in 2001, IMO adopted some special measurers for improving maritime security in 2002, which are binding for all ships having international voyage and for their equipments. So, in this research I will study following international document for preventing maritime terrorism in international law. These documents are as follows: International convention on law of the sea(1982) especially articles(101 and 108). The Rome “convention for the suppression of unlawful acts against the safely of Maritime navigation “(SUA convention),(agreed 3/88) The addition Protocol for the suppression of unlawful acts against the safely of fixed platforms located on the continental self(SUA) 1988 The International Convention for the safety of life at sea, 1974(SOLAS Convention) The International ship and port facility security code(ISPS code) The additional protocols to SUA convention in 2005 The Long Range Identification and Tracing(LRIT) in 2006.

insurance of Civil liability of employer against employees damages in iran Islamic law Dr.HamidBahramiAhmadi* Reza Aghaabbasi** The tort insurance is one of the most important branches of insurance whose duty is supplying and compensating losses occurred by the insured performance of the other person.so the civil liability is one of the most important parts of civil rights which acts as a guarantee of executing the individuals rights in the social relationships and the other aspects related to life.In 1339(according to the solar calendar)the civil liability law was approved to achieve the purpose of completing the civil liability law, but the complies(editors) of this law how were influenced by the europian law accepted the(fault) base as the main principle without regarding to the law system of islam.This article is complied by the library method and one of the purposes of this article is that the base of civil liability(tort) in iran’s law isn’t the fault theory and its never advisable to consider this base as the base of civil liable since in the process of legal changes this base tends to be the case liable although the Islamic religious jurisprudence has accepted the base except the fault base many years ago also according to the fourth principle of the constitution law of Islamic republic of iran. Iran’s law should be adapted with the Islamic law.finally the purpose of this article is the review of the the articles 12.14 of tort law about the civil liability of the employer the legal experts theories and the criticism of these theories and choosing the suitable solution.

Although the legal doctrine regards the principle of full compensation for damages as a sacred and unchallengeable principle, the judicial procedure is confronted with many problems and difficulties in exercising it. The civil liability of the state for contaminated blood transfusion and the corresponding ruling are examined and analyzed in the present article. It seems that besides the traditional principles of civil liability, new principles should beapplied, and for the same purpose some suggestions have been made.

The purpose of this research is to consider the role of two special publications named Zane Roos & Don aye Zanan(published in 2009) to inform the women as to their rights in the paper different theories have been used including: feminist, gender discrimination, patriarchy, propagation of innovation, knowledge interval, embossing & media performance. Also the categories of the research including: news values, kind of topic, size of title,picture function & even place. This research content analysis & reversed question are method. Sampeling method is a systematic Random method to get sample volume of publication, Zane Rooz & is census for publication, Donyaye Zanan. Volume of sample equal to 153 topics in 24 editions stems from two publications. The narrative & nominal(research credit of it according to Scot Coefficient) equals to 1.The most important results of research are as follow: Publication Zane Rooz has covered substantially the matter of women rights. In content, both publications, Zane Rooz & Don aye Zanan don’t different with together very much. Most internal law topics are processbased & detente and external topics are event-based & tentionous. Process-based & détente topics with picture application & plan and greater titles & more volume are under embossed print.

The game theory is the study of actions and reactions of man within the mathematical framework explained by game rules and selected choices. This theory can be used at different analysis levels from the economic, political and military strategies of states to individual and group relationship. Using this theory the logical behavior of players can be studied, their strategies can be analyzed and helpful suggestions can be made to gain more benefit and suffer the least loss. Also a set of interrelated concepts are introduced in this theory through which a framework can be developed to examine complicated phenomena. The most fundamental presumption of the game theory is that the behavior and the choices of man are rational. This theory is used in different social and political fields. The present article seeks to use the analytical-descriptive method and mathematical calculations to examine the way the repeated games of the game theory are used in the relations between the Atomic Energy Agency and the atomic program of the Islamic Republic of Iran. It seems that by determining the strategy, the kind of game, consequences, costs and the SPE of the games played by the player, these relations can be described and explained; therefore the main question of this study is can the relation between the Atomic Energy Agency and the Islamic Republic of Iran be explained using the game theory?

Land-grabbing thorough illegal change in usage and illegal possession of lands has been one of the most important problems of our society in the last few decades and has constituted the most important form of economic corruption. Although the supreme leader of Iran and other important authorities have called for measures to be taken against it and new rules and regulations have been introduced to prevent illegal change in usage and illegal possession of lands, this problem has not been resolved yet. Because of their lack of formal structure and legal sanction, their inability to prevent crimes and lack of a clear definition and a criminal title such as “land-grabbing”, the current rules and regulations have failed to be effectual, so that the term “land-grabbing” has been mostly used in administrative and social practice. It seems that because of the serious political, economic, agricultural and environmental threats these criminal practices should be codified in a serious and scientific way under the title “land-grabbing”. In the present study, land-grabbing has been studied in terms of illegal change in usage and illegal possession of lands.

One of the fundamental principles of criminal law in the general theory of the structure of the cloud is due to the principle of free choice principle “guilt” or “original guilt” is. Although the concept of the principle of legal general view of the criminal law has not done, but it can seem like a moral or psychological element observed. In addition to consistency with the definitions, concepts, branches, examples and rules arising from theprinciple of culpability in criminal law there.Purpose of unintentional nonpremeditated crimes are separated; the rules are being introduced to each individually. With the rules derived from the principle of culpability in crimes can be intentional knowledge(science), the principle of voluntary(or intentional) commit a criminal act, the ill, the rule of reason and the principles of the relevant mental element of the crime unintentionally Science can rule out the probability of error rule. However, these secondary principles(rules) is extracted from a special regulation

The environment is among the most important challenges of the 21st century. The growing international worries about the environment can be regarded as a reaction to the fact that in the past century the atmosphere, oceans, soil, climatic systems and various plant and animal species have faced serious threats as a result of largescale exploitation by man. Therefore while domestic law comprises a large part of environmental legislation, the environment must be protected by international law. The international environmental law has posed serious challenges to international law and has played a great part in the development of the international liability law. Whileinternational public law systems have developed considerably, and domestic courts have exercised the environmental law more effectively, it is evident that more precise laws and regulations concerning the destructive changes in the environment should be introduced and the institutions and organizations which possess judicial mechanisms at international levels to exercise environmental rules and regulations should play their key role.

The Uniform Customs and Practice for Documentary Credits approved and exercised in Vienna in 1933 in the 7th congress of the International Chamber of Commerce had a great influence on the development and flourishing of the international trade. Since non-usury banking, commerce and transportation play a great part in the international trade, and the uniform customs and practice for documentary credits somehow cover all these economic activities, it can be claimed that these regulations constitute the most important document in the international trade. In the present article the relation between the parties of the documentary credits, like the credit opening bank and the correspondent bank, and the relationship between the beneficiaries of the credit and the credit applicant and also the role of banks and nonusury baking are studied.