فصلنامه پژوهش حقوق عمومی
سال شانزدهم شماره 44 (پاییز 1393)

Nowadays aquifers are regarded as the world’s main drinking water supply. Such prominence has led states to resort to aquifers as a major source of water supply. Among serious challenges faced by states in regards with transboundary aquifers are the legal regime governing the issue of sovereignty، utilization methods، exploitation preocess، and how they are eventually managed. To adress these challenges، International Law Commission (ICL) attempted to produce a set of articles on the legal regime of transboundary aqquifers (draft articles - 2008) which was further presented to U. N |General Assembly. Despite a few shortcomings، 2008 draft articles was an important step towards gradual development and introduction of novel trends regarding aquifers'' law. This paper will review the transboundary aquifers draft articles and evaluates arguments for and against them.

The UN charter as the foremost instrument in giving birth to International contemporary order- has laid the foundation of a new regime which is deemed by many as a revolution against Westphalia order of International law. This profound evolution is chiefly based on introduction of sociological premises as the main guide line in framing the International order. Learning lessons from its short lived inchoate predecessor – The Covenant of the League of Nations 1919 – the new regime along with structural concepts، resorts to globalized normative sociological norms in its attempt to frame the new order. In realization of its set targets however، the system suffers a quite number of deficiencies; that is there exist norms and structures in the system that may adversely affect its desired goals. Nonetheless، the introduction of the new order under the auspices of the principles and the perspectives are set forth in the charter requires appropriate legal mechanisms in order to open door to realization of legal universalism era – a step forward towards further development of reciprocal order - a target desired while formulation of the charter was underway. Emerging of new International commitments serve as prominent legal tools to regulate and arrange the new order. Such rights and duties، which take various forms and consequence، are governed by corresponding legal regimes. These regimes، which have roots in their predecessors and any future generation of regime will be emerged، shall evolve based on the needs، requirements and developments that may arise time to time. This paper aims at studying International obligations and their corresponding legal regimes with regards to their existing status in International interactions.

Jurists have expressed various propositions about the true nature of Margin of Appreciation Doctrine. Some believe that although application of the doctrine allows for exercise of human rights with having local cultural diversities in consideration، following up with cited doctrine in practice by European Court of Human Rights has not been amounted yet to relativism. This paper however، suggests that the doctrine sits on shaky relativism but rather strong universalism. It further argues that the study of rational behind the application of the doctrine in European Court of Human Rights practice، the Court’s decisions wherein similar reference has been made and the study of available academic literature on this topic show that Margin of Appreciation Doctrine emanates from cultural relativism. On the other hand، quantitative and qualitative study of the diversities are accepted by the doctrine – in terms of scope، field of reference and application standards – leads to the conclusion that the Margin of Appreciation may be regarded as ‘Weak Cultural Relativism.

Today، transnational corporations are regarded as prominent actors in international arena. This is deemed by many as a significant feature attributable to modern international law. Rapid growth of these corporations and expansion of their activities resulted in growing concern as to studying the necessity of extending the rules of international law to encompass such novel entities. Furthermore، there are concerns as to whether states to which transnational corporations are nationals may bear responsibility for their activities beyond national borders. This paper also studies whether the host states of these corporations may be held responsible for their wrongful actions.

Cartagena protocol on biosafety was ratified in Montreal، Canada، on January 29- 2000. The protocol is an International binding instrument that sets forth strict legislative commitments for member states. As of one year from ratification of Cartagena protocol، Iran’s government vested its Environmental Protection Agency with authority to sign the protocol upon which Iran’s biosafety law subsequently passed the congress in 2003. This paper strive to to deliberate Iran’s legislative commitments under the protocol، the measures are taken by Iran’s government to comply with requirements have been prescribed therein and shall further makes assessment of such measures. The paper also evaluates the extent to which Iran has adhered to general and specific legislative commitments are laid down by the protocol and shall further scrutinizes in critical fashion the various articles have been appointed in Iran’s Biosafety law. It’s seems that Iran’s accession to the Protocol was hasty and without proper evaluation of ensuing implications; Also the government by passing the Biosafety law has obliged to commitments which are beyond the Protocol.

Human rights as a prominent discourse has gained so much weight in International area and governments legitimacy is generally and increasingly evaluated upon the extent to which they adhere to its rules and principles. Almost all and any conduct in international relations is to comply with human rights including sanctions are imposed by UN Security Council and embargoes have been set unilaterally by states. Islamic Republic of Iran for long confronted with embargoes unilaterally imposed by USA and EU. These embargoes have been expansive with serious adverse effects on the nation. This paper is aimed at finding whether sanctions may lead to violation of human rights in Iran and as far as Iranian nationals are concerned، which category of human rights are so violated? The hypothesis here is that the US unilateral embargoes have in different ways led to violation of human rights in Iran.

The damage to the sea environment is often irreversible، therefore، according to relevant declarations and conventions، prevention is considered as an obligation in order to conserve the environment. Therefore، remedy imposed by the court or arbitral tribunal is not always payment of compensation for damage and/or loss of profit; in fact، it can be a requirement to perform preventive measures. According to customary international law، fault is needed for the award of civil liability; however، based on some international conventions such as the International Convention on Civil Liability for Oil Pollution Damage 1969 and its amended protocol 1992، strict liability to pay the compensation for the pollution of the sea is recognized for the owner of the ship. Generally the trend is toward recognizing such liability for damage resulting from pollution of sea due to transportation of oil.