فصلنامه پژوهش حقوق عمومی
سال پانزدهم شماره 42 (بهار 1393)

The concepts of right and expediency are two of the concepts that have been governed over political, ethical, legal and social discourses in the most of countries. However, due to the heterogeneity of the protection of the individual's rights requirements and the improvement of the general interest, the appearing of an extent of conflict between these rights and those interests is inevitable. The researchers with various viewpoints about relationship between right and public interest have presented different solutions for such a conflict. Some of them have presented the idea of right authority and insisted on priority of rights and some other have regarded the public interest as a superior consideration. Some of resent theorists— by introducing the theory of exceptionalism— have insisted on this idea that we are facing the “normalization of emergency conditions” specially since 9/11 and asked for offering more authority to the state in order to restrict the rights while believing that public interests have precedence over the individual’s rights and freedoms. In this essay, we will attempt to criticise the theory of exceptionalism and then introduce the theory of balance as a convergent theory about relationship between individual rights and collective interests.

Nowadays, internet has a pivotal role in supporting the right for freedom of expression; by removing the restrictions of publication, search, and access to information, it has prepared the ground for the application of this fundamental right. This new communication tool, like all other social topics, require organization through development of enforceable rules and regulations. Undoubtedly, to become effective process, it requires a true knowledge of the specific characteristics of this media and new communication tools within the context of the society. In this essay– considering the current state of the internet and the possible changes that may occur in the short-term and regional and international experiences (UNESCO and European Council) – we attempted to identify and introduce some principles for the codification of internet laws and regulations. It seems that these principles must be regarded in policy making.

Establishment of international peace and security has been among the oldest aspirations of mankind. Peace and security have never had a firm concept but have changed gradually within the years. Before the recent changes in international relations, according to the system that called Westphalia Regime, peace and security were regarded as respecting to the meaning of sovereign rights, equality rights, observance of states immunity and their representatives, respect to territorial integrity of states, non-intervention in each other's internal affairs and peaceful settlement of deputies. However, globalization has changed the concept of international peace and security. In this period, the essence of threats has been changed so as to the threats have been extended from military aspect to other aspects including: poverty and starvation, terrorism, smuggling and organized crimes, breakout of epidemic, uncontrolled immigration, destruction of environment and human rights violation. According to such an interpretation of international peace and security, the security council of the United Nations which is the main organ for protecting peace and security, after the end of the cold war, has regarded humanitarian crisis, ethnic cleaning, political regime change as the threats to the international peace and security.

Although often decisions have been made and some proper laws been determined for solving some problematic issues, wrong or inefficient ways of implementation of law and executive and administrative systems mismanagement which cause thefailure of reaching the determined goals are characterized in the assessment phase. Therefore, the main purpose of present essay through the first chapter is the investigation of the role of surveillance institutes in Iran while having the emphasis on the status of the State General Inspection Organization in the process of public policy making in general, and in particular is the investigation of this role in the evaluation process of laws and provisions. In the second chapter, the role of inspection organization is addressed as well as management organization according to the management services in the country in the phase of “inspection of performance and evaluation of policies”. Achievements are good evidences to show that these two bodies are well qualified to reform and offer the mechanisms which might be able to influence the performance of executive systems and can also be able to fulfill the change from the inspection- audit approach to the inspectioncorrective surveillance.

Initially perhaps, the codification and progressive development of international space law exclusively are attributed to the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS). However, due to the development of modern technologies which are related to the outer space-specifically in the field of telecommunications- there are other regional and international organizations which their activities are related to the outer space and the law which governs it. Performances of these organizations, on the bases of policy and regulation, as well as participation in operational activities, directly or indirectly, influence the development and the progressive development of international outer space law. The International Telecommunication Union has significant role in the field of policy making and regulation, particularly radio regulation and allocation of spectrum and orbit resources. In this Article, first, we will describe the history of formation, activities and foundations of ITU, and then we will evaluate the rules which govern the quality of allocation of frequencies and the results of some recent conferences of the ITU on the Radio communication and, without entering into the field of technical issues, we will attempt to provide clear picture of quantity and importance of the relationship between codification and progressive development of international outer space law and the ITU'S performance in this regard.

Despite of the fact that the principle of freedom of contract has made it possible for the parties to reach the agreement with free will and full authority, the experience has shown that the contractual balance between the parties has been impaired by the passage of time and scientific and industrial advancementso as to it has brought the issue of weak and strong party in many contracts andconsequentlyhas made it difficult for law-makers and jurists to establish the balance between the parties. Since long before, due to the various reasons, the protection of the weaker party of the contracthascaused the distance of some parts of private relations from the ambit of private law; protecting the employee in the labor contract is a good example here to be mentioned. Nevertheless, it seems that there is no end point for such a movement and the rules of human rights are attempting to take further step incontrolling the rules of private law. Human rights that has already shown its effectiveness in constitutional and criminal law, is striving to inter into the scope of private law including contract law through the expansion of its basic rulesin order to show that it is not merely a monitor of the parties’ contract. On the contrary, it will protect the basic rules of human rights wherever it is required. Nowadays, human right is not considered as a mere protector of individuals against governments. Conversely, the impacts of human rights on contract law have been acknowledged both by case law and scholars, specifically in the European legal system. Our legal system is not familiar with this phenomenon but the present essayattempts only to broach the issue and provide the basis for further development of the concept in our legal system.

The relationship between international investment law and international environment law is a contradictory relationship in purposes but concurrent in practice. The purpose of the former is personal economical interests, while the latter is collective human interests. However, the atmosphere in which both of them are applied, is the same. These two branches of international law are definable out of traditional international law which is State-centric; since the international investment law concerns the relationships of State actors with non-State actors who are away from the principle of equality of sovereigns, and international environmental law concerns the common heritage of mankind at all which is away from the principle of consent of States. The present essay with special reference to the last case at the ICJ called “The Case Concerning Pulp Mills on the River, Argentina vs Uruguay” and other common sources of these two laws, tries to explore and analyze existent conflicts in applying two laws. At the end, author suggests some working methods for reconciling of international investment law and international environment law. A balance between these two branches of international law not only would prevent detriments to national and foreign investors- that existence of international economic depends on them- but also would prevent harms to environment which is necessary milieu for investment.