University of Tehran Public Law Studies Quarterly 2423-8120 45 2 2015 06 22 The “Principle of Prevention” in international environmental law The “Principle of Prevention” in international environmental law 167 179 54817 10.22059/jplsq.2015.54817 FA Seyed Fazllolah Mousavi Professor, Public and International Law Department, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran Alireza Arashpour Assistant Professor, Faculty of Law and Political Sciences, Isfahan University, Isfahan, Iran Journal Article 2014 12 09 The “principle of prevention” in respect of economic benefit and ecological aspect is a golden rule. The reasons for this are as follows: 1. because of legal and technological reasons, establishing a relationship between the harmful act with damages to the environment is so difficult, 2. due to special nature of the environment, the compensation for such damages is often impossible, and in case of possibility, it would require exorbitant cost as well as  long period of time. By considering the above facts, deployment of new environmental principles, especially ‘The precautionary principle’ for protecting the environment and strengthening deterrence policy has gained a  central importance. In this paper, an attempt has been made to explain this principle from different dimensions and its position in international environmental law. The “principle of prevention” in respect of economic benefit and ecological aspect is a golden rule. The reasons for this are as follows: 1. because of legal and technological reasons, establishing a relationship between the harmful act with damages to the environment is so difficult, 2. due to special nature of the environment, the compensation for such damages is often impossible, and in case of possibility, it would require exorbitant cost as well as  long period of time. By considering the above facts, deployment of new environmental principles, especially ‘The precautionary principle’ for protecting the environment and strengthening deterrence policy has gained a  central importance. In this paper, an attempt has been made to explain this principle from different dimensions and its position in international environmental law. environmental harm international environmental law Precautionary Principle Prevention principle 15 of the Rio Declaration https://jplsq.ut.ac.ir/article_54817_1e27a52dbfcba7d6300fdf62bef8585b.pdf
University of Tehran Public Law Studies Quarterly 2423-8120 45 2 2015 06 22 From privatization of public law to publicization of private law: legitimacy and intervantion of Liberal Capitalist State in the thought of Habermas From privatization of public law to publicization of private law: legitimacy and intervantion of Liberal Capitalist State in the thought of Habermas 181 193 54818 10.22059/jplsq.2015.54818 FA Ali Mashhadi Assistant Professor, Public Law Department, Faculty of Law, Qom University, Iran 0000-0001-8439-1384 Journal Article 2015 03 08 Base, scope, extent and manner of government intervention in social and economic era is one of the most fundamental issues in public law. This paper explores one aspect of the recent work of Jürgen Habermas on legitimating crisis and its relationship with intervention of state in public sphere. It focuses on Hagerman's claim that the pre-capitalist moral values on which capitalism has hitherto relied has become progressively displaced by the growth of the capitalist economy. This has caused critical problems for the state management of the economy, in the absence of an established internalized set of values which could act both as restraints upon economic demands and as reinforcements to an ethic. The conclusion of the paper is that while rational discussion of values is important, this does not entail that the possibility agreement is required to make sense of this activity. This article examines the relationship between legitimacy and scope of government intervention as a central issue in contemporary philosophy of public law. Base, scope, extent and manner of government intervention in social and economic era is one of the most fundamental issues in public law. This paper explores one aspect of the recent work of Jürgen Habermas on legitimating crisis and its relationship with intervention of state in public sphere. It focuses on Hagerman's claim that the pre-capitalist moral values on which capitalism has hitherto relied has become progressively displaced by the growth of the capitalist economy. This has caused critical problems for the state management of the economy, in the absence of an established internalized set of values which could act both as restraints upon economic demands and as reinforcements to an ethic. The conclusion of the paper is that while rational discussion of values is important, this does not entail that the possibility agreement is required to make sense of this activity. This article examines the relationship between legitimacy and scope of government intervention as a central issue in contemporary philosophy of public law. capitalist state legitimate law legitimating crisis liberal democracy philosophy of public law privatization of public law publicization of private law https://jplsq.ut.ac.ir/article_54818_31a3fd4d0a9038800dbb8b3fd0665ba9.pdf
University of Tehran Public Law Studies Quarterly 2423-8120 45 2 2015 06 22 Systemic relations of Article 51 UN Charter Systemic relations of Article 51 UN Charter 195 213 54819 10.22059/jplsq.2015.54819 FA Hamid Alhooii Nazari Assistant Professor, Public Law Department, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran Journal Article 2015 03 11 Systemic approach relies deeply on wholism notion holding that  investigation into a totality displays not only a comprehensive depiction of that whole and its attitude, but also it is the only means of its real understanding. In charter of UN as a system, understanding of any one of the articles doesn’t lead to a full scale understanding of charter. Systemic approach to charter goes along with relationship notion of charter articles. The bond of charter articles involves self-organizing system entity. Systemic relations are essential for any dynamic system. Self-organizing system relations include evolutionary, structure and control. This article studies these relations in terms of article 51 UN charter. Systemic approach relies deeply on wholism notion holding that  investigation into a totality displays not only a comprehensive depiction of that whole and its attitude, but also it is the only means of its real understanding. In charter of UN as a system, understanding of any one of the articles doesn’t lead to a full scale understanding of charter. Systemic approach to charter goes along with relationship notion of charter articles. The bond of charter articles involves self-organizing system entity. Systemic relations are essential for any dynamic system. Self-organizing system relations include evolutionary, structure and control. This article studies these relations in terms of article 51 UN charter. Article 51 UN Charter case law of the International Court of Justice Relationship systemic approach Use of Force https://jplsq.ut.ac.ir/article_54819_24a921a745c1e4160c431d959dc1906c.pdf
University of Tehran Public Law Studies Quarterly 2423-8120 45 2 2015 06 22 Adjustment in administrative contracts Adjustment in administrative contracts 215 236 54820 10.22059/jplsq.2015.54820 FA Vali Rostami Associate Professor, Public Law Department, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran Journal Article 2015 01 12 Adjustment in contract is one of the most important and controversial issues in general rules of contracts in administrative law of some countries like France. It is anticipated in administrative contracts, against private contracts, to ensure the public interests due to the long duration and special conditions of these contracts. But in legal system of Iran, it has been accepted just in rare and exceptional cases. One of these cases is clauses of contractual price adjustment in public construction contracts. However, in administrative law in Iran, anticipation of adjustment in this kind of contracts is more controversial due to lack of a comprehensive system of administrative contracts and unknown factor of appearance of adjustment in administrative contracts i.e. “theory of unforeseeable affairs". Legal aspects of this issue will be studied in this article Adjustment in contract is one of the most important and controversial issues in general rules of contracts in administrative law of some countries like France. It is anticipated in administrative contracts, against private contracts, to ensure the public interests due to the long duration and special conditions of these contracts. But in legal system of Iran, it has been accepted just in rare and exceptional cases. One of these cases is clauses of contractual price adjustment in public construction contracts. However, in administrative law in Iran, anticipation of adjustment in this kind of contracts is more controversial due to lack of a comprehensive system of administrative contracts and unknown factor of appearance of adjustment in administrative contracts i.e. “theory of unforeseeable affairs". Legal aspects of this issue will be studied in this article adjustment in contract administrative contract contractual adjustment judicial adjustment legal adjustment public contract https://jplsq.ut.ac.ir/article_54820_29d2822e1984729ae7f7fae05125f4ad.pdf
University of Tehran Public Law Studies Quarterly 2423-8120 45 2 2015 06 22 Admissibility and value of witness and expert witness in the case-law of the International Court of Justice Admissibility and value of witness and expert witness in the case-law of the International Court of Justice 237 253 54821 10.22059/jplsq.2015.54821 FA Seyed Hossein Sadat Meidani Lecturer of International Law, School of International Relations, Iran Journal Article 2014 03 28 The parties to a case, before international Court of Justice, do have a broad freedom in presenting evidence, including hearsay evidence such as witness and expert witness. However, the Court will treat such hearsay evidence with particular cautious and only under certain circumstances will accord evidential weight to these documents. This article reviews those cases in which the parties relied on the evidence by witness or expert witness in order to sustain their own cases. The probative value of them is also analysed. The parties to a case, before international Court of Justice, do have a broad freedom in presenting evidence, including hearsay evidence such as witness and expert witness. However, the Court will treat such hearsay evidence with particular cautious and only under certain circumstances will accord evidential weight to these documents. This article reviews those cases in which the parties relied on the evidence by witness or expert witness in order to sustain their own cases. The probative value of them is also analysed. expert witness Evidence international adjudication law of evidence International Court of Justice Proof Witness https://jplsq.ut.ac.ir/article_54821_77aa000a66cc8fa5486a434b86648b77.pdf
University of Tehran Public Law Studies Quarterly 2423-8120 45 2 2015 06 22 The evolution of state formation criteria: from effectiveness to legitimacy? The evolution of state formation criteria: from effectiveness to legitimacy? 255 272 54822 10.22059/jplsq.2015.54822 FA Amir Hossein Ranjbarian Associate Professor, Public and International Law Department, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran Mahsa Farahzad PhD in International Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran Journal Article 2014 12 16 States are one of the main subjects of international law. There is no all-agreed definition for the concept of state. The only document that defines the elements of state is the Montevideo Convention on the Rights and Duties of States, known as Montevideo Convention 1933, in which a State as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with other states. There is no agreement on the limits and ambit of such traditional qualifications. The increase in the number of states, especially in the second half of the twentieth century onward, with the absence of some of the above qualifications, indicates the formation of new criteria based on legality and legitimacy. Such novel qualifications are jus cogens rules of international law, including the formation of new states based on the “right of self-determination” and the principle of the prohibition of “use of force’. States are one of the main subjects of international law. There is no all-agreed definition for the concept of state. The only document that defines the elements of state is the Montevideo Convention on the Rights and Duties of States, known as Montevideo Convention 1933, in which a State as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with other states. There is no agreement on the limits and ambit of such traditional qualifications. The increase in the number of states, especially in the second half of the twentieth century onward, with the absence of some of the above qualifications, indicates the formation of new criteria based on legality and legitimacy. Such novel qualifications are jus cogens rules of international law, including the formation of new states based on the “right of self-determination” and the principle of the prohibition of “use of force’. International Law legality prohibition of use of force Self-determination state legitimacy https://jplsq.ut.ac.ir/article_54822_0c52f27e8d8dba6b28f7274d52305c13.pdf
University of Tehran Public Law Studies Quarterly 2423-8120 45 2 2015 06 22 The position of the special representative of the UN Secretary General and its role in Afghanistan’s course of events The position of the special representative of the UN Secretary General and its role in Afghanistan’s course of events 273 293 54823 10.22059/jplsq.2015.54823 FA Abdolaziz Danesh PhD, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran Journal Article 2014 12 31 The United Nations was established as an international organization to guard international peace and security in an un-united world. Among its subordinate institutions and agencies, the U.N. has also taken advantage of the Special Representative of the Secretary-General to avert threats against peace and settle conflicts. The Special Representative has played a key intervening role in bringing peace especially after the uni-polarization of the world. The measures undertaken by the U.N. throughout the prolonged crisis and chaos in Afghanistan has been mainly through the U.N. Secretary General's Special Representative. This dissertation aims to explicate and analyze the legal principles and status of the U.N. Secretary General's Special Representative in Afghanistan before and after the 9/11, particularly its pivotal role in establishing a new government and coordinating the world community contributions. The United Nations was established as an international organization to guard international peace and security in an un-united world. Among its subordinate institutions and agencies, the U.N. has also taken advantage of the Special Representative of the Secretary-General to avert threats against peace and settle conflicts. The Special Representative has played a key intervening role in bringing peace especially after the uni-polarization of the world. The measures undertaken by the U.N. throughout the prolonged crisis and chaos in Afghanistan has been mainly through the U.N. Secretary General's Special Representative. This dissertation aims to explicate and analyze the legal principles and status of the U.N. Secretary General's Special Representative in Afghanistan before and after the 9/11, particularly its pivotal role in establishing a new government and coordinating the world community contributions. Afghanistan crisis establishing a new government peace building special representative of S.G UNAMA United Nations https://jplsq.ut.ac.ir/article_54823_d6e58d6f2505a21bd7bcffba2c42dae2.pdf
University of Tehran Public Law Studies Quarterly 2423-8120 45 2 2015 06 22 The role of ICC in dealing with the criminal acts of Zionist regime in Gaza war (22-day war) The role of ICC in dealing with the criminal acts of Zionist regime in Gaza war (22-day war) 295 312 54824 10.22059/jplsq.2015.54824 FA Esmaeil Rajabi PhD, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran Journal Article 2014 12 03 In 22-day war in Gaza (December 27, 2008) by the Zionist regime, crimes against humanity and the oppressed Palestinian people occurred whereby 1400 Palestinian civilians were martyred and more than 6,000 people, mainly children were wounded. The logic of international law, also the logic of occupiers who once considered themselves as victims of racism, necesisatets a fair consideration of their accusation. For the first time in a detailed report, Goldstone, the UN Reporter on Human Rights Council, accused Zionist regime of committing war crimes. Today with the advent of the International Criminal Tribunal for Former Yugoslavia and Rwanda and the International Criminal Court, the ground has been provided for trial and punishment of such criminals in international criminal law. In 22-day war in Gaza (December 27, 2008) by the Zionist regime, crimes against humanity and the oppressed Palestinian people occurred whereby 1400 Palestinian civilians were martyred and more than 6,000 people, mainly children were wounded. The logic of international law, also the logic of occupiers who once considered themselves as victims of racism, necesisatets a fair consideration of their accusation. For the first time in a detailed report, Goldstone, the UN Reporter on Human Rights Council, accused Zionist regime of committing war crimes. Today with the advent of the International Criminal Tribunal for Former Yugoslavia and Rwanda and the International Criminal Court, the ground has been provided for trial and punishment of such criminals in international criminal law. Aggression crimes against humanity Gaza Genocide International Criminal Court Jurisdiction war crimes https://jplsq.ut.ac.ir/article_54824_d658e4d1bc65ded537a79ba51ee771cb.pdf