University of TehranPublic Law Studies Quarterly2423-812047120170321Fulfillment of criminal justice in Africa; barriers and solutionsFulfillment of criminal justice in Africa; barriers and solutions1266050710.22059/jplsq.2017.60507FAMohammad HosseinRamazani GhavamabadiAssociate Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran0000-0003-4898-6027MansoorBahmaeiPh.D. Candidate in International Law, Faculty of Law, Shahid Beheshti University, Tehran, IranJournal Article20160813The International Criminal Court (ICC), is a new legal structure which has competence to prosecute perpetrators of international crimes and violators of human rights. In addition to national courts, The International Criminal Court has complementary jurisdiction. Therefore, the ICC has a complementary competence which complies with national legal system and national Legislative bodies and means that states have the jurisdiction and the primary obligation to investigate and punish international crimes. Considering the fact that the ICC is a young court, it’s not fair to judge the efficiency of this court, nevertheless, several governments’ position on the ICC could be subject of contemplation. The position of several African government and the African Union, is threatening to withdraw from the Statute of the Court and establishing new alternative independent authority which can undermine the ICC competence, all of which may lead to difficulty in the path of achieving criminal justice in the international community.The International Criminal Court (ICC), is a new legal structure which has competence to prosecute perpetrators of international crimes and violators of human rights. In addition to national courts, The International Criminal Court has complementary jurisdiction. Therefore, the ICC has a complementary competence which complies with national legal system and national Legislative bodies and means that states have the jurisdiction and the primary obligation to investigate and punish international crimes. Considering the fact that the ICC is a young court, it’s not fair to judge the efficiency of this court, nevertheless, several governments’ position on the ICC could be subject of contemplation. The position of several African government and the African Union, is threatening to withdraw from the Statute of the Court and establishing new alternative independent authority which can undermine the ICC competence, all of which may lead to difficulty in the path of achieving criminal justice in the international community.https://jplsq.ut.ac.ir/article_60507_7b70ea7ee9743532dc5ff65397cdc98d.pdfUniversity of TehranPublic Law Studies Quarterly2423-812047120170321Legal basis of party subsidiesLegal basis of party subsidies27506102510.22059/jplsq.2017.61025FABizhanAbbasiAssociate Professor, Public and International Law Department, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran0000-0002-6808-5152MaghsudEbadibashirPh.D. Candidate in Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran0000-0003-0184-5999Journal Article20160601Political parties in current democracies are considered as the fundamental institutions which have various functions such as expressing the will of citizens, forming awareness, introducing the election candidates and providing the government’s future plans. In recent decades, due to the reluctance among people for joining political parties, their financial resources have decreased. Therefore financing parties from state resources has been put forward as an alternative but such idea has faced oppositions. This article introduces the direct and indirect general financing programs of political parties and also examines opponents and adherents views in descriptive and analytical manner as well as the necessity of parties’ financing. The finding of this contribution indicates that protection and safeguarding of human rights, legitimacy and effectiveness of the government, depends on state aids to the parties.Political parties in current democracies are considered as the fundamental institutions which have various functions such as expressing the will of citizens, forming awareness, introducing the election candidates and providing the government’s future plans. In recent decades, due to the reluctance among people for joining political parties, their financial resources have decreased. Therefore financing parties from state resources has been put forward as an alternative but such idea has faced oppositions. This article introduces the direct and indirect general financing programs of political parties and also examines opponents and adherents views in descriptive and analytical manner as well as the necessity of parties’ financing. The finding of this contribution indicates that protection and safeguarding of human rights, legitimacy and effectiveness of the government, depends on state aids to the parties.https://jplsq.ut.ac.ir/article_61025_d09a1672f14f34888d1eaab5ef7a33fd.pdfUniversity of TehranPublic Law Studies Quarterly2423-812047120170321Nature of “JCPOA” from perspective of international lawNature of “JCPOA” from perspective of international law51736174610.22059/jplsq.2017.61746FAOmidMolla KarimiPh.D. Student in International Law, Islamic Azad University, Isfahan (Khorasgan) Branch, Isfahan, IranMahmoudJalaliAssociate Professor, Law Department, University of Isfahan, Isfahan, Iran0000-0001-5441-4012Journal Article20160910The Joint Comprehensive Plan of Action (JCPOA) can be considered both as an international agreement or non- binding agreements. To answer this question whether should we refer to text of the JCPOA or provisions of international law and parties’ national rules and law. Although the text of the JCPOA lacks any reference to it as a treaty, it can be viewed as an international agreement in international and national context. The United States, both before and after the disclosure of the JCPOA’s text and its confirmation by the Congress and by the Iranian parliament, ceaselessly argued that JCPOA is not an international treaty. The Iranian authorities have taken the same position. In this article the relation between JCPOA and Security Council Resolution no. 2231 will be studied in order to clarify the reason that confirm the JCPOA should be considered as a gentlemen agreement.The Joint Comprehensive Plan of Action (JCPOA) can be considered both as an international agreement or non- binding agreements. To answer this question whether should we refer to text of the JCPOA or provisions of international law and parties’ national rules and law. Although the text of the JCPOA lacks any reference to it as a treaty, it can be viewed as an international agreement in international and national context. The United States, both before and after the disclosure of the JCPOA’s text and its confirmation by the Congress and by the Iranian parliament, ceaselessly argued that JCPOA is not an international treaty. The Iranian authorities have taken the same position. In this article the relation between JCPOA and Security Council Resolution no. 2231 will be studied in order to clarify the reason that confirm the JCPOA should be considered as a gentlemen agreement.https://jplsq.ut.ac.ir/article_61746_e3c9b8e623ee96ce9c2f9f814b44868a.pdfUniversity of TehranPublic Law Studies Quarterly2423-812047120170321Analyzing the principle of non-indifference in the attitude of African UnionAnalyzing the principle of non-indifference in the attitude of African Union75956174710.22059/jplsq.2017.61747FAAbbas AliKadkhodaeiProfessor, Public and International Law Department, Faculty of Law and Political Sciences, University of Tehran, Tehran, IranNaserSargaranPh.D. Student in International Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, IranMaryamAbidiniaPh.D. Student in International Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, IranJournal Article20150917In spite of inflation in norms regarding human rights and humanitarian law, today’ world is witnesses the violation of these laws in a great deal. The main reason can be found in the lack of effective and appropriate procedures for complying with these laws. In the beginning of 21st century, principle of non-indifference was formed by African Union, for helping people facing gross violation of human law and humanitarian law. The principle formed at the same time that the principle of responsibility to protect was established, as a respond to the social needs of Africa continent. This research, with an exploratory method, clarifies the boundary between the principle of non-indifference and the other same principles and doctrines or seemingly contradictory ones, and through this path, answers this fundamental question that whether the principle of non-indifference was regarded as a substitution for the non-intervention’s principle?In spite of inflation in norms regarding human rights and humanitarian law, today’ world is witnesses the violation of these laws in a great deal. The main reason can be found in the lack of effective and appropriate procedures for complying with these laws. In the beginning of 21st century, principle of non-indifference was formed by African Union, for helping people facing gross violation of human law and humanitarian law. The principle formed at the same time that the principle of responsibility to protect was established, as a respond to the social needs of Africa continent. This research, with an exploratory method, clarifies the boundary between the principle of non-indifference and the other same principles and doctrines or seemingly contradictory ones, and through this path, answers this fundamental question that whether the principle of non-indifference was regarded as a substitution for the non-intervention’s principle?https://jplsq.ut.ac.ir/article_61747_0ed221600bf9205e1847a06a5d14a7b2.pdfUniversity of TehranPublic Law Studies Quarterly2423-812047120170321Conceptual approach to codification and its difference from depurationConceptual approach to codification and its difference from depuration971116174810.22059/jplsq.2017.61748FAMoslemAghaei ToghAssistant Professor, Department of Public Law, University of Judicial Sciences and Administrative Services, Tehran, IranJournal Article20160619After more than 50 years of codification in Iran, we still have problems in this field. One of these problems is the confusion between two concepts: macro (Tadwin/codification) and micro (Tanqih/Depuration). Generally they are regarded to have same importance or even same meaning erroneously. In our legal literature and even in the legislative system these two concepts are alternatively misused. Etymological and comparative studies, however, reveal that the best translation for “Codification” is Tadwin. Tanqih is one of the components of Codification framework, the task of which is to depurate and expurgate obsolete or contradictories from an official legislative text. Codification own other aspects like systematizing the legal system and filling the gaps which are not necessarily concerned with depurationAfter more than 50 years of codification in Iran, we still have problems in this field. One of these problems is the confusion between two concepts: macro (Tadwin/codification) and micro (Tanqih/Depuration). Generally they are regarded to have same importance or even same meaning erroneously. In our legal literature and even in the legislative system these two concepts are alternatively misused. Etymological and comparative studies, however, reveal that the best translation for “Codification” is Tadwin. Tanqih is one of the components of Codification framework, the task of which is to depurate and expurgate obsolete or contradictories from an official legislative text. Codification own other aspects like systematizing the legal system and filling the gaps which are not necessarily concerned with depurationhttps://jplsq.ut.ac.ir/article_61748_c8fd95043e143b2540ca73b6864c4504.pdfUniversity of TehranPublic Law Studies Quarterly2423-812047120170321Basis for measures taken by coalition against ISIS according to law of the armed conflictsBasis for measures taken by coalition against ISIS according to law of the armed conflicts1131346174910.22059/jplsq.2017.61749FAHamidAlhooyee NazariAssistant Professor, Public and International Law Department, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran0009000841318732AmirFamil Zavar JalaliM.A. Student in International Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran0000-0001-6167-7101Journal Article20160704Islamic state of Iraq and Syria or ISIS, is a political and military terrorist organization which has been hitting the headlines since 2014. This group which has a large domination over Iraq and Syria, announced a caliphate of an Islamic state in 29th of June 2014, led by Abou Bakr Albaghdadi, chosen Raqqa as its capital. Since then, and after it began imposing its strict and widespread measures in occupied areas and also with its constant attacks and progress toward different cities in Iraq and Syria and following international community's response against this terrorist group, including the security council, a coalition led by US was formed in order to fight against ISIS. Today, in the second year of its activities, analyzing the nature of the conflict in Iraq after arrival of the coalition forces and the legal basis of their presence is mandatory. The result of this study indicates that formation of the coalition is not against international law.Islamic state of Iraq and Syria or ISIS, is a political and military terrorist organization which has been hitting the headlines since 2014. This group which has a large domination over Iraq and Syria, announced a caliphate of an Islamic state in 29th of June 2014, led by Abou Bakr Albaghdadi, chosen Raqqa as its capital. Since then, and after it began imposing its strict and widespread measures in occupied areas and also with its constant attacks and progress toward different cities in Iraq and Syria and following international community's response against this terrorist group, including the security council, a coalition led by US was formed in order to fight against ISIS. Today, in the second year of its activities, analyzing the nature of the conflict in Iraq after arrival of the coalition forces and the legal basis of their presence is mandatory. The result of this study indicates that formation of the coalition is not against international law.https://jplsq.ut.ac.ir/article_61749_cb064bcdddaf8514b6e5a2131cafd599.pdfUniversity of TehranPublic Law Studies Quarterly2423-812047120170321Necessity of fulfilling election promises by candidates and fight against empty election promises and their Jurisprudential principlesNecessity of fulfilling election promises by candidates and fight against empty election promises and their Jurisprudential principles1351506175010.22059/jplsq.2017.61750FAMohsenEsmaeiliAssociate Professor, Faculty of Law and Political Sciences, University of Tehran, Tehran, IranSeyed AhmadHabibnezhadAssistant Professor, Faculty of Law, College of Farabi, University of Tehran, Qom, Iran0000000292451145Journal Article20160524Election campaigns in Iran fail to create a worthy national model, and candidates tend to make rash and empty promises. In spite of the fact that in religious teachings, fulfilling promises is controversial, adherents of necessity of election promises fulfillment present more irrefutable proofs than the opponents. There is lack of legal basis for this issue in Iran but we can interpret several constitution article and provisions of “the general policies on election act” as a legal basis for this issue. Enforcements should base on rule of law and be supplemented by fair legal process and trial and justification as well.Election campaigns in Iran fail to create a worthy national model, and candidates tend to make rash and empty promises. In spite of the fact that in religious teachings, fulfilling promises is controversial, adherents of necessity of election promises fulfillment present more irrefutable proofs than the opponents. There is lack of legal basis for this issue in Iran but we can interpret several constitution article and provisions of “the general policies on election act” as a legal basis for this issue. Enforcements should base on rule of law and be supplemented by fair legal process and trial and justification as well.https://jplsq.ut.ac.ir/article_61750_33ab3c937672559aecb1da860aaa6605.pdfUniversity of TehranPublic Law Studies Quarterly2423-812047120170321Legal basis for International Organizations Cooperation in implementing the UN Security Council DecisionsLegal basis for International Organizations Cooperation in implementing the UN Security Council Decisions1511766175110.22059/jplsq.2017.61751FAMahdiHaddadiAssistant Professor, Faculty of Law, College of Farabi, University of Tehran, Tehran, IranAliAhadi KarnaghPhD Student in International Law, Faculty of Law and Political science, University of Tehran, Tehran, IranJournal Article20160131International organizations have strong instruments to implement the decisions of the UN Security Council. In order to participate in implementing such decisions, they will require relevant legal basis. The legal basis for participation of international organization in implementing the UN Security Council decisions falls into two general categories: 1- The regulations of international organizations 2- The provisions of the Charter of the United Nations. Statute of international organizations, practices and implied powers are placed in the first category. The provisions of the Chapter VII (Article 48(2)) and Chapter VIII of The Charter go with the second category.International organizations have strong instruments to implement the decisions of the UN Security Council. In order to participate in implementing such decisions, they will require relevant legal basis. The legal basis for participation of international organization in implementing the UN Security Council decisions falls into two general categories: 1- The regulations of international organizations 2- The provisions of the Charter of the United Nations. Statute of international organizations, practices and implied powers are placed in the first category. The provisions of the Chapter VII (Article 48(2)) and Chapter VIII of The Charter go with the second category.https://jplsq.ut.ac.ir/article_61751_2e0cde2c2b00b5b1b94f528bda17bd0a.pdfUniversity of TehranPublic Law Studies Quarterly2423-812047120170321Dialectic of peace and barbarism: Studying and criticizing the liberal theory of international lawDialectic of peace and barbarism: Studying and criticizing the liberal theory of international law1772006175210.22059/jplsq.2017.61752FAAlirezaEbrahimgolAssistant Professor, Faculty of Law, College of Farabi, University of TehranSiamakKarimiPh.D. Student in International Law, Faculty of Law and Political Sciences, University of Tehran, Ira0000-0002-9129-0335Journal Article20160804International law reviews the origins of the rules, institutions and practices that international law based on. That’s why "Theory" in law is able to give legitimacy to certain procedures and rule. From this standpoint, the "Liberal Theory of International Law" has an important place in international law. Confirmed by various studies, this theory plays an important role in forming "Peaceful" approach to international law and set aside classical approaches that recognized nothing butt "Legitimacy of War". Nevertheless, the core elements of this theory, reveals the fact that not only the liberal theory of international law helps to achieve the peaceful approach in international law, but also helps to justify use of force. This article studies the dualities and contradictions in the context of liberal theory of international law.International law reviews the origins of the rules, institutions and practices that international law based on. That’s why "Theory" in law is able to give legitimacy to certain procedures and rule. From this standpoint, the "Liberal Theory of International Law" has an important place in international law. Confirmed by various studies, this theory plays an important role in forming "Peaceful" approach to international law and set aside classical approaches that recognized nothing butt "Legitimacy of War". Nevertheless, the core elements of this theory, reveals the fact that not only the liberal theory of international law helps to achieve the peaceful approach in international law, but also helps to justify use of force. This article studies the dualities and contradictions in the context of liberal theory of international law.https://jplsq.ut.ac.ir/article_61752_284f82fa5b76921dbbab45fea807fdc5.pdfUniversity of TehranPublic Law Studies Quarterly2423-812047120170321The reason and the scope of derogation from right due to the emergency theoryThe reason and the scope of derogation from right due to the emergency theory2012266175310.22059/jplsq.2017.61753FAAhmedMomeni-RadAssistant Professor, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran0000-0003-1099-5905ArianPetoftPh.D. Candidate in Public Law, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, IranMojtabaSabetiM.A. Student in Public Law, Faculty of Law and Political Sciences, University of Tarbiat Modares, Tehran, IranJournal Article20160614One of the controversial issues in the area of Human Rights is “Emergency Theory”. According to the emergency theory, exercising certain rights in crisis situations may harm public order and security; so the government will have no choice but temporary derogation from certain citizens’ rights. Such act draws attention: First public order and security take priority over individual rights, and second, the way of justification of derogation from human rights based on the threats to public order and security in emergency situations. Basically, such theory may lead to abuse of power and tyranny which results in individuals rights violation. This paper examines the approaches of emergency theory adherents in order to establish a convincing basis to justify derogation from individual rights in emergency situations; it also determines frameworks and limits of state’s authority in this area.One of the controversial issues in the area of Human Rights is “Emergency Theory”. According to the emergency theory, exercising certain rights in crisis situations may harm public order and security; so the government will have no choice but temporary derogation from certain citizens’ rights. Such act draws attention: First public order and security take priority over individual rights, and second, the way of justification of derogation from human rights based on the threats to public order and security in emergency situations. Basically, such theory may lead to abuse of power and tyranny which results in individuals rights violation. This paper examines the approaches of emergency theory adherents in order to establish a convincing basis to justify derogation from individual rights in emergency situations; it also determines frameworks and limits of state’s authority in this area.https://jplsq.ut.ac.ir/article_61753_ad7b741f2db6cb8c761b6adf72273c6a.pdfUniversity of TehranPublic Law Studies Quarterly2423-812047120170321International commitments of states to ensuring the right to social security in the context John Rawls theoryInternational commitments of states to ensuring the right to social security in the context John Rawls theory2272416175410.22059/jplsq.2017.61754FAAzadeh SadatTaheriAssistant Professor, Faculty of Humanities, University of Semnan, Semnan, IranMajidMazloomM.A. in Public Law, Tarbiat Modares University, Tehran, IranJournal Article20160714Commitments of states to ensure the right to social security are accepted in international instruments and most of the valid theories. But there is no consensus on nature and volume of states’ international commitments. This article will probe the nature of states’ commitments (domestic and international) to ensure the right to social security based on the thought of John Rawls. Contractualism of John Rawls justify state’s domestic commitments to ensure such right, but leaves the international commitments ambiguous. Results show that Rawls accepted limited international assistance in certain circumstances. Commitments of states to ensure the right to social security are accepted in international instruments and most of the valid theories. But there is no consensus on nature and volume of states’ international commitments. This article will probe the nature of states’ commitments (domestic and international) to ensure the right to social security based on the thought of John Rawls. Contractualism of John Rawls justify state’s domestic commitments to ensure such right, but leaves the international commitments ambiguous. Results show that Rawls accepted limited international assistance in certain circumstances. https://jplsq.ut.ac.ir/article_61754_98ee462a73ff55edc9f4ed715e5a4752.pdfUniversity of TehranPublic Law Studies Quarterly2423-812047120170321Contemplating the legitimacy of using drones in armed conflict from perspective of international humanitarian lawContemplating the legitimacy of using drones in armed conflict from perspective of international humanitarian law2432646175510.22059/jplsq.2017.61755FASeyyed HesamoddinLesaniAssistant Professor, Hazrate Masoumeh University, Qom, IranMahvashMonfaredPhD Student in Public International Law, Tehran University. IranJournal Article20160412Technology progress in 21st century has led to invention of flying war crafts that Unmanned Aerial Vehicles (hereinafter UAVs or drones) are a clear example. Regarding the fact that such War crafts have created challenges in the context of international Humanitarian Law (hereinafter IHL), independent legal assessment on the issue seems necessary. It is necessary to study and get familiar with challenges in deploying such war crafts in armed conflicts. This paper, studies existing ambiguities and challenges in deploying such technologies in armed conflicts, and assesses the function of UAVs in armed conflict under IHL's fundamental principles like principle of Distinction, Proportionality and precautionary principle in conducting attacks.Technology progress in 21st century has led to invention of flying war crafts that Unmanned Aerial Vehicles (hereinafter UAVs or drones) are a clear example. Regarding the fact that such War crafts have created challenges in the context of international Humanitarian Law (hereinafter IHL), independent legal assessment on the issue seems necessary. It is necessary to study and get familiar with challenges in deploying such war crafts in armed conflicts. This paper, studies existing ambiguities and challenges in deploying such technologies in armed conflicts, and assesses the function of UAVs in armed conflict under IHL's fundamental principles like principle of Distinction, Proportionality and precautionary principle in conducting attacks.https://jplsq.ut.ac.ir/article_61755_7a20b53e3fd3385a4197e82ea5be3622.pdf