نشریه مطالعات حقوق عمومی
سال چهل و هشتم شماره 3 (پاییز 1397)

The equidistance method has an essential place in the current law of maritime delimitation. According to the Law of the Sea Convention, the equidistant line must be drawn and calculated from the territorial sea baselines of the opposite or adjacent states. What is unclear is whether the equidistant line can be based on straight baseline. This question was one of the issues that divided Iran and Kuwait during their negotiations on maritime delimitation between the two states since Iran believed that its system of straight baselines must effect the maritime boundary. The findings of this paper suggest that international judicial and arbitral bodies have always refused to give effect to straight baselines when it comes to maritime delimitation. This approach is generally confirmed by the treaty practice of coastal states. Therefore, the usefulness of Iran’s position with regard to this subject, whether in future negotiations or in case of submission of the matter to third party settlement, is doubtful.

Expediency Council in 1366 on orders of Imam Khomeini (Rhmtallhlyh) was formed. During the revision of the constitution in 1368 the Assembly was identified in the constitution. With the formation of this body, the Expediency Council's statutes in cases where the Guardian Council deems contrary to Shariah law or constitution and parliament insists on the need to approve the legislation, it was within the competence of the Assembly. With the formation mechanism by the Expediency Council, one of the questions that have been raised about the competence of the Assembly to fulfill this role. This article seeks to answer the question of whether the convention could decree that the Guardian Council was inconsistent with the constitution even if inconsistent with the constitution be more explicitly approved or not, who explored this cross-sectional manner and basing the principles of the constitution and fundamental rights, the outcome but did not find the answer to the above question. The Assembly has the authority to approve legislation inconsistent with the Constitution is not explicit.Therefore, the competence of the Assembly is limited to the cases in which the opinion of the Guardian Council and the Assembly is different from the Constitution.

Following the development of communicational technologies, countries gradually found out about the unexpected role of propaganda in manipulating the thoughts of people in global relations. So in time, countries and people started broadcasting propaganda to convince the world that their hostile and illegal acts are necessary or humanitarian. Propaganda was specifically used to incite to war and its examples could be seen in United States` invasion to Iraq, the case of Ukraine and the propaganda of ISIL. Unlike what people might think, it has been repeatedly mentioned and banned in international law. The most important example is written in the first part of article 20 of the International Covenant of Civil and Political rights. It is also indicated in the procedures of International tribunals and the resolutions of international organizations. In order to thwart such increasing process, it is essential to study the approach of international law on propaganda for war.

The governments increasingly have intervened in contracts in recent decades. The nature and the foundation of these new interventions have been controversial and different viewpoints have introduced about them: First viewpoint treats these interventions as continuation of early ones in contracts and bases them on corrective justice. But, according to second viewpoint, these interventions are considered as paradigm and different from early interventions and based on distributive justice. This viewpoint is resulted in the rule of the public law in some areas of traditional contract law. Finally, this article concludes in favour of second viewpoint ofter scrutiny of different viewpoints.

The rule of reasonable or optimum usage of water resources is a key aspect of water resource management in Iran as well as international water law. According to rules and regulation of water allocation in agricultural sector of Iran, optimum and economic amount of water should be determined and considered to issue any surface or groundwater withdrawal licenses. Illegal and overuse of water would lead to termination of licenses. According to the study, determination of optimum water use in agricultural sector of Iran violate the rule of reasonable use of water and isn’t adequate to water availability and sustainable management of water resources. Despite some revision of law and regulation of water allocation for agricultural purpose have been made so far, wasteful usage of water is being seen mainly due to non-volumetric delivery of water, lack of water user participation, lack of guarantees and little cooperation of related public organizations. Revising water document base on climate change circumstances, volumetric delivery of water, reviewing water tariffs, diminishing water licenses time validity and considering tradable water rights are some suggestions to facilitate rational use of water resources in agriculture of iran.

One of the most important and partly interesting discussions in the so-called era of humanization of international law is the right of remedy and its position in reparation of victims of gross violations of international human rights law and international humanitarian law. While this right fairly put in the law, policy and enforcement mechanism of international human rights law, the other approximately similar area, i.e., international humanitarian law under which are common in basic protection of human being dignity, there is neither adequate and explicit provision nor mechanism for reparation. The paper addresses the status of limitation and state immunity and it draws a picture of contemporary international law regarding the issue at hand. Following the judgment of International Court of Justice on the State Immunity, 3 February of 2012, the decision is assessed by many scholars and many ideas are expressed on different possible aspects of it. This article, indeed, aims at to draws a picture of contemporary international law regarding impediments to remedies available for victims of gross violations of international human rights and international humanitarian law.

"Public Sphere" is regarded as middle private place and superior sovereignty of government and is one of the tools for obtaining to democracy. Material public space is among objective element related to public Sphere that as outer reality covers the material aspect of public Sphere. In Islamic Republic of Iran, the places of worship -specialty mosques- are among obvious instances of public physical spaces that may regard as mediator link for reducing gap between people and government and also a place for holding seminar among citizens and discussion concepts including: “Public Good" and "public Interest” and prepares the suitable opportunity for religious democracy. The present article, reveals minimum approach prepared by government, self-control, administration of public religious places, self-tradition, self-religious issues and self-sovereignty of citizens. In fact, citizens as a result of public space of worship, practice public partnership in smaller scale for finally implementing it as their own democracy.

Since 1960 decade, the United Nation have commenced efforts regarding to international development. this efforts composed of numerous declarations and resolutions of General Assembly of United Nation, creation of special institutions In the field of development Including United Nation Conference on Trade and Development (UNCTAD) and United Nation Development Programme (UNDP), four decades of development strategy (from 1960 to 2000) and also the United Nations Millennium declaration about development (2000). It seams which exact consideration of this declaration which is enumerated obstacles of development In detail, and check of account of achieve to this goals in certain time, clearly can display amount of success of the United Nations in relation with Development. despite of diligences of United Nation in relation with development, that can not entirely attain to goals which have envisaged in this realm. reasons are notable in herein including a lack of institutionalized instrumentation, a lack of binding international document, a lack of scrutiny of charter of United Nation.

Law as the regulator science of society will be necessary to change the approach and approach with the transformation of social communication. The occurrence of developments, especially in the field of public law, at a rate that does not allow legislation to adapt and enact whit them; make the other sources of law, such as precedent, have different functions. The leading article sought to investigate and analyze whether the precedent in contemporary public law had notable changes? and if the answer is positive, in what forms? Finding shows yes answer to this question following the developments in the contemporary world and their impact on the science of law that recognized the jurisdiction of the precedent in three parts: make a new norms, complete the existing norms and protecting the rights and freedoms of individuals and consequently the change in the status of judicial practice among the sources of public law and its promotion it happened.

Government of Kenya's internal violence finishing first opportunity to exercise jurisdiction because the Kenyan government passivity in the investigation and prosecution of suspects Criminal Court, the Court considered that the criminal. The prosecutor is also investigating the first opportunity to distinguish themselves in this situation exploited. The Kenyan government also gave its name to the Statute of the Court became the first member state that challenged the jurisdiction of the Court to accept Kenya and defeat. Attorney Criminal Tribunal for the criterion "the same person, the same behavior," in this case was to test the practical test and it proudly. They resorted to this measure to prove that the Kenyan government or the investigation and prosecution against those considered the Court has done, or consider the behavior of those people is not subject to investigation and prosecution.

During globalization era and amalgamation of cultural, economic, political and social areas pertain to countries, the connection between people of the world and their countries is becoming vaster and also closer. Such proximity, particularly, in economic areas may cause collision, opposition and conflict of laws of the states. The laws which their application has been knotted to countries’ interests. Occasionally such interests stand beyond the borders of a country. Applying national rules to the beyond border matters faces many obstacles. Apart from conflict of jurisdictions, states’ sovereignty is one of the obstacles which hinder application of foreign law upon another country. On the other hand, rules such as competition rules which has been knotted to public and economic order of the countries, enjoy such importance which if been violated beyond their borders they wouldn’t bear the issue.

Use of cyberspace for rapid and effective achievement of strategic goals has today become a new significant warfare for all actors. For this reason, the distributive and interactive nature of cyberspace together with low costs of accountability has increased the effective function of attacks in the cyberspace. Moreover, anonymity in this space, has facilitated rapid operations in a wide geography which in turn leads to attacks, destructions and crimes in this environment resulting in violation of territorial integrity and national security of States. The absence of effective rules and provisions has left the issue of international responsibility for these crimes and their legal prosecution in a vague situation. This paper deals first with the nature of cyberspace. Then the concept of power, threat and attack in cyberspace and the way by which sovereignty of States is being challenged is discussed. Finally, it emphasizes upon the fact that though in the circumstances as stand now resort to cyber attacks is considered as use of force in international law, nevertheless identification of their legal territory faces many obstacles in different circumstances including in the law of war, resort to force and self-defence making the entering into the issue of international law difficult.