فصلنامه پژوهش حقوق عمومی
سال نوزدهم شماره 57 (زمستان 1396)

The responsibility to protect doctrine (R2P) was developed in 2001 in response to the failing of the international system to major violations of human rights in territories, such as Rwanda, Bosnia and Kosovo. The R2P, which is trying to redefine the concept of national sovereignty and function of governments in the form of "sovereignty as responsibility" and makes a new conceptual framework for responding to violent behaviors, could rapidly find special place in the international debates. But, gradually and simultaneously with the occurrence of new humanity disasters, especially what happened in Libya and Syria, it became clear that in spite of having conceptual Ambiguities and complexities, is also faced with many operational challenges that The ambiguity of consensus of countries to convert this idea into an international rule, the disagreements over the examples in which the R2P can be used and justification of state for intervention by the R2P, are the most important ones. This article studies aspects of application of the R2P in Libya and Syria and aforementioned challenges. At the end, it induces that regarding to the R2P theoretical and practical weaknesses, imagination of a bright outlook for its success in the future is difficult.

Today, International Organizations play an important and effective role in implementing the decisions of the United Nations Security Council. In this way, the conflict between the constituent instrument of International Organizations and The Security Council Resolutions may arise. There are two approaches in this field. 1- The European Union approach, according to it The Internal law of International Organizations has priority on The United Nations Security Council Resolutions. 2- Priority of the Security Council Resolutions according to the article 103 of the Charter of United Nations. The authority, who wants to construe the priority, has an important role in applying one of the two approaches. The European Court of Justice has choosed the first approach in order to maintain its fundamental values against the Security Council resolutions that are in contrast with them and the United Nations practice shows the priority of the latter approach, according to it the Security Council resolutions are the integral part of the Charter's obligations.

Following the failure of the African Union Peace and Security Council to suspend Bashir's case by the Security Council, the International Criminal Court issued a second arrest warrant for Bashir. International Criminal Court pursuant to the decree of States Parties of the Rome Statute to arrest and hand over Bashir's request that cooperate with the International Criminal Court. African Union on the situation in retaliation for the failure to stop the arrest warrant for Bashir decides At least ask member states to arrest and hand over Bashir not cooperate with the International Criminal Court. This situation makes that Bashir without fear of arrest, the States Parties to the Statute including Chad, Kenya and travel. Position on the priorities of host governments to maintain peace and stability in Sudan and the obligation to comply with the orders of the African Union in terms of membership in the Union, makes the Statute of the International Criminal Court in the capacity to deal with the situation and exercise its jurisdiction to arrest Bashir use And subject to the Assembly of States Parties to the ICC and the UN Security Council report

Compliance of states with multilateral environmental agreements (MEAs) is the objective of these agreements. To this end, a number of measures have to be taken which mainly are called “implementation” as ex-ante as well as “enforcement” as ex-poste initiatives and measures. Such initiatives and measures, prevent member-states from non-compliance, and, in case of breaching environmental obligations, make these defaulting member-states fulfill such obligations and bringing them back into the state of compliance with such multilateral environmental agreements. Exchange of information is an important factor for “implementation” and “enforcement” of environmental obligations. “Non-compliance procedures”, “capacity-building” “Pollutant Release and Transfer Register (PRTR)”, and “Integrated Pollution Prevention and Control (IPPC)” are instances of “implementation” and ex-ante actions in which exchange of information plays an important role. Also, exchange of information facilitates identifying violators of environmental obligations and makes it possible to start proceedings against such offenders, as an instance of “enforcement” and ex-poste measure.

One of the ways to protect the public Interests is aimed to the preparation, approval and implementation of the national budget as the most important financial document of country. In this study the main question about budget is that in respect to different Methods of separation of powers in 57 principle of constitution and existence of other effective institutions in it, is there balance in preparation and approval process of budget law in the Islamic Republic of Iran of or not? This research has discussed the question with descriptive and analytical method. It seems no matter what the powers of absolute supreme leader in this respect, the balance in favor of the legislature and the Guardian Council has been established as a special favor. It’s necessary to define the limits of other institutions in constitutional of the Islamic Republic of Iran in respect to budget approval or effective decisions on country public budget.

Genetic information and the usage of this information has created profound changes in the practical application of genetics science and its function. One of these changes is "personalized medicine" in the sense of harmonizing the treatment of patients based on the genetic characteristics. In this kind of medicine, in addition to the exact health care and health services by using patients genetic which makes choosing the best drug, it has also the possibility of applying genetic information as a factor for discrimination, particularly in relation to employment and insurance, thus makes it necessary to deal with this form of discrimination. This paper, after briefly citing international measures taken in order to prohibit discrimination based on genetic, examines how the legal system of Canada and Iran deal with genetic discrimination.

The paper is trying to show on the existing potential of Articles 2nd and 3rd of Iranian Constitution as ones of basic principles for defining the issue of citizenship and in order to representing the capacity of above mentioned articles for forming construction of the system of citizenship rights – encompassing general guaranties of recognition, improvement, protection and ensuring the rights and freedoms for every citizen.
we examine if the theoretical model of citizenship cube and its doctrinal basis is applicable to explain and interpret the aforesaid articles and also, to comprehend some complex layers and dimensions thereof.
According to the citizenship-oriented theories, one side of the cube is consisted from five elements of citizenship, i.e. civil and legal, social, political, virtue-related and identity-related aspects. The other side of the cube is composed from functional networks or, in other words, the geographical levels of citizenship including local, provincial, statistical, regional and universal levels. And the last side is shaped from educating citizenship capacities covering levels of knowledge and skill.
It is to argue that some contents of the Articles can be creatively employed to propose citizenship cube and to provide the legal capacity for understanding the model within the Constitution

Social Security Organization is the most important organization of Social insurance in Iran that provides economic security for Insured persons and it has an important role in improving indicators of social welfare and social development. However, the organization's status in the Iranian legal system and scope of services expected has not been determined and this resulted in doubts about the legal nature of this organization and thus determining the competent institution to supervise its incomes and costs. So that the supervisory bodies in the country disagree with the organization for many years about the possibility of financial supervision over this. The paper try to determine the legal nature of the organization and its place in the system of welfare and social security with looking at the practical problems of organization and analysis of relevant laws and regulations such as article 29 of the constitution code and comprehensive system of welfare and social security code. This article determines the supervisory bodies on the organization by determining legal status.