مجله حقوقی دادگستری
پیاپی 88 (زمستان 1393)

regard to the role and bringing food to needy (deprived) people in an emergency situation particularly in internal armed conflict and the international community and the view that this kind of situation in the international humanitarian law and international Human Right law are dominant، it is necessary that the issue from different aspects investigated. Method of doing this research is based on common methods of social sciences in description and analysis. with regard to studying the documents، the evidence connected with the international humanitarian law and international Human Right law in connection with the right to determine the food that conventions، the additional protocol related organizations، the right to the food in this situation was good has identified and commitments countries and the two sides quarrelling in regard to deliver food to needy people exactly express From the viewpoint International humanitarian law conventions، the additional protocol related organizations، with requirement Uri obligations such as non-proliferation treaty famine to drag civilians، Destruction of agricultural products and food، the right to receive Humanitarian Assistance and freedom of movement of humanitarian aid workers in the field of the food right، time armed hostilities between international and the occupation، so that means hunger in this conflict as war crimes، genocide crimes and crimes against humanity has considered، right to be in violation of the right to food through the various international such as the international criminal tribunal، and the Security and etc.. . Recognized by international law by international humanitarian law in armed conflicts، but non-binding international commitments in Internal arm conflict in the field of food aid to civilians is not created.

By development of commerce and significant speed of commercial Transactions، Specialization of affairs، existence of increasingly varied needs، Formation of legal Entities، formation of universal economy and many Other Factors، direct actions And stewardship for all legal activities have Been reduced. Such issues reinforce The importance and necessity of attention to agency institution. Among the different types of agencies، apparent agency is one of the most Important and practical and also the newest kind of agency which is a Combination of two theory: theory of agency and theory of appearance. According to a general principle of agency field، an unauthorized agent is Not Able to bind his principal to contract with third parties. Apparent Agency is its Exception. Despite of being exceptionality، apparent agency has been realized And accepted in two main legal systems – common law Systems and civil law Systems - and also in different countries regardless of Level of development. This theory has new scopes and applications that in our legal system have not been considered by legislators، judges، and legal writers. This article introduces these applications that have been used by countries specially in common law systems in recent years and also will introduce some model of legislation in relation with entering this theory into the civil law systems.

Organized gangs usually are considered as a threat for security of human societies. But today، rising of a new generation of organized gangs، is resulted in serious worries about birth of a new kind of rebels and consequently fear about creation of a serious threat for states sovereignty on behalf them. In fact، tendency of the new generation of gangs to control on the land of a government، the their high level of organization and using widespread violence by them، make such a similarity between these groups and rebel groups that some experts consider them as a new kind of rebels and acclaim that acts of governments against these kind of gangs must be seen as a non-international armed conflict. But The analysis show that there are important differences between new generation of gangs and opposed armed groups in relation to goals، structures and so each one of these phenomena must be considered as a different phenomena.

The existence of numerous supreme councils in the iranian legal system and their’s practical independence from the executive has raised ambiguities in the status and authority of these councils thus research of them is important in constitutional and administrative law. Because the strict separation between the executive and legislative affairs has not been done in the legal system thus establishment of the supreme councils by parliament can limit the authority of executive and increase the power of parliament. The supreme councils which established by parliament within the executive، cause an imbalance of power between the legislative and executive. «sovereign from and by the people» - regardless of the superior of each powers - has emphasised in the fifth part of constitution thus any interference by each of the powers within the other، may be considered as a undemocratic methods. Did you mean: از سوي ديگر «اصل صلاحيت» در حقوق عمومي به هيچ قهوه اي اجازه نمي دهد تا نسبت به توسعه اختيارات خود بدون وجود تصريح در قانون اساسي اقدام نمايد The principle of «Incompetence» in public law does not allow to any powers to increase their’s competence without any stipulation in the constitution، otherwise any unauthorized power development considered as a violation of people’s sovereignty. Regardless of the lack of strict separation between legislative and executive powers in the legal system، there are some supreme councils with the higher authorities but do not considered as a part of executive power. The supreme councils have features such as; legal position، regulatory or policy actions، using some powers of ministers، dominance of appointed members on Ministers and lack of effective supervision on activities of supreme councils. These features cause the formation of alternative political power to doing professional executive affairs beside the ministers’s authorities. In this situation، there is no supervision of the executive and legislative powers on the supreme councils activities.

Sanction as a mechanism to force states to comply with their international obligation has been used since many years ago. Sanction is a kind of countermeasure which had been used against states before issuing on individuals. Emerging of international terrorism and rising criticisms about traditional sanctions caused to founding a new generation of sanctions which is called Smart sanction. In a form of smart sanction the nongovernmental actors، who are violating international norms، are sanctioned. A form of smart sanction is individual sanction، which has raised so many new debates. Although this kind of sanction is issued because of violating international norms by targeted people، it would be against international principles. Using of these sanctions indiscriminately and ignorantly for its aftermath is against of the doctrine of smart sanction. Listing some Iranian nationals due to their relation with Iran’s nuclear program، ballistic missiles and violating human rights، would be contravention of international law and fundamental principles such as: immunity of state property، impunity of diplomats and councils، and obligation of host country due to headquarter agreements with international organizations، and some fundamental human rights such as: right to movement، right to ownership، right to access to fair preceding (right to justice). The internal and international preceding have marinated that violating this principles could be a cause to void of Security Council resolutions and to end multi and unilateral individual sanctions. Violating these principles could raise the claim of targeting state and international organization responsibility and pay damage to targeted people.

The most fundamental social entity؛ the family and the most important beads of family؛ the mother، in the process is education of Social Beings. Living in the mother’s body for 40 weeks introduces a period during which the effectesoccur more definitely and rapidly. researcheshas shown that motherۥs addiction makes inevitableimpacton newbornchildrenwho will be exposed to addictiondiseas and social abnormalities in future. This is counted a warning for a societywhich is planned to civilize law abidingcitizens. This research، aiming at preventing from the birth of addicted infants and protecting them separately، was conducted through descriptive method and tools to examine the case in view of criminological methods، conformity with the presented theoretical plans & mechanisms to achieve applicable results in Differential Criminal Policy the protection of children and adolescents.