نشریه مطالعات حقوق عمومی
سال چهل و نهم شماره 2 (تابستان 1398)

Private life of athletes, artists and politicians is always fascinating and this charm, people curious spirit and neglect of some these celebrities, causes details of their family life are publish. Advocates of publishing such news, says that privacy of the celebrities is fewer than others, but the opponents believe that anyone has the exclusive privacy and the law must protect it. Judicial jurisprudence shows in most cases, this publishing has no social benefit. In contrary, sometimes their behavior give the right to pry in their life based on the freedom of expression. This Analytical – Descriptive study shows that the conflict between the freedom of expression and the right to privacy sometimes exists, that any legal system, somehow resolve the conflict.

Since the formation of the state in its modern sense in Iran and the constitutional revolution, the concept of the independence of the judiciary has been consolidated in our fundamental laws, but in how it is realized, in accordance with the time periods and rules established at the constitutional level and the ordinary laws ,remarkable differences has been made. It should be noted that the process of independence of the Judiciary, which is considered as an integral part of administrative autonomy, is viewed as a historical process. In this process, the judiciary has evolved from the state of the judiciary system under the executive power, into an independent entity with more limited synthesis to the executive power Constitutional developments also reflect this progress. However statute book has been backward toward the progress of the founding constitution. So that some of the recruitment rules of judges still contain provisions in force that are drafted under the constitutional constitution and in accordance with it. Procrastination in updating the laws has led to the initiative of the Judiciary's Code of Conduct. Meanwhile, efforts have been made by the judiciary authorities to submit legislative bills to parliament.

The International Criminal Court apply primary and secondary selection criteria for referral cases. according to its statute, it first consider the benefits of the realization of justice by the criteria related to determining of jurisdiction, admissibility and acceptability,. The secondary criteria applied to each case by Prosecutor after examining the above-mentioned acts are due to the interpretation of the Statute of the Court. The Court has jurisdiction to handle many cases, but due to limitations such as the budget, the government''s cooperation in gathering evidence and the status of the victims, it selects final case between referral cases. The purpose of this paper is to examine the Court''s procedure to establish the primary and secondary selection criteria. In this article, using the descriptive-analytical research method, we are trying to answer the question of what the role of the Court in preventing and combating crimes committed in international and domestic armed conflicts and the realization of justice is.

Maternity is one of the most delightful experiences of a woman’s life; however, for many reasons, it can turn into a terrible experience for the mother and even lead to her death. Many factors affect mortality and the endangering of mothers’ health including economic and social conditions, different types of discrimination and the cultural grounds and traditions of different regions of the world. What is indisputable is the link between the right to maternal health and the fundamental principles of human rights. In the present study, while identifying the most basic of these principles, we will respond to the fundamental question of the impact of the application of human rights requirements on safe pregnancy and childbirth.

Legislative power is one of the main pillars of the Iranian legal system in the Constitution. So, holding open session in the Parliament is one of the important measures to protect the rights and public freedoms, to knowledge of the current affairs and to monitor the performance of the representatives. Meanwhile, if the holding open session in the Parliament endangers national security will certainly be influenced the country. Therefore, with outlined anticipation in Article 69 of the constitution, has provided to the President, one of the ministers, or ten representatives that to proposed holding closed session in Parliament. If the proposal approved, decisions in closed session is valid only with attendance of the total members of the Guardian Council to reach the approval of three-fourths number of the representatives. After the emergency condition disappeared, Reports and resolutions of the closed session should be published to the public. This article is to be analyzed the different aspects of this topic.

One of the most alive and, to be sure, complicated political and legal events in the Caspian Sea region is the unresolved issue of its legal regime. The Caspian Sea, as a closed sea, has had a volatile history in terms of its legal regime and for the time being one cannot see a clear vision for solving its legal regime problem. The Caspian states have reached a consensus on the issues of environment and territorial as well as the special fishing zone, but the complex Caspian marathon in the exclusive economic zone and also continental shelf of the sea, remains unsolved. In this regard, if we look at the Islamic Republic of Iran’s position on the legal status of the Caspian Sea, we will see that Iran refers to the "principle of equity" as a basis for the division or delimitation of the Caspian Sea in order to restore its lost rights. This article tries to examine the meaning of the principle of equity as an element of natural justice and to elaborate the practice of the International Court of Justice regarding the delimitation of the continental shelf. We try to reach an accurate understanding of this term and its scope so as to reach a definite idea on the delimitation of the seabed and subsoil of the Caspian Sea.

The rule of law meaning to limitation of arbitrary power and conservation of fundamental individual rights and freedoms , is one of the democracy foundations. The Rule of law in international level is instrument for preservation of international peace and promotion of human rights. In attention to structure and realities of international community , apply rule of law differently in international level. The rule of law in international level means to limitation of sovereignty and authorities of States by legal rules. The ICJ as a principle judicial organ of the UN , takes fundamental role in establishment and preservation of rule of law in international community. The ICJ aside of the settlement of conflicts , has the diverse tools for reinforcement of international rule of law. This research is seeking to review and explain of ICJ’methodes for the establishment and reinforcement of international rule of law.

Good and efficient setting of communication between actors in the international community, requires careful examination of these relationships. The relationship between domestic order and international order and domestic legal obligations to obey to the norms and rules of international law of that discussed in law, international relations and politics, have not much legal literature in our country. Study of commitment of domestic law to obey the rules and norms of international law with descriptive- analytical approach is the subject of this article with using related references. Our finds shows: experts tried on documenting the internal legal obligation to obey the norms of international law with introducing various foundations. Domestic legal systems approach (constitutions, precedent and practice) are mainly based on the principle of the sovereignty of nations and the lack of obligation to obey the norms of the international law. While international law (international documents and international judicial procedures) issued order to obey of the norms of international law in many cases. The difference in approach of domestic law and international law leads to supremacy of international law over domestic law and the obligation to obey with the norms of international law with reasons like globalization and internationalization of (public) law, protection of the rights and freedoms of citizens and requirements of international life.

The principle of state immunity is one of the incontrovertible rules of customary international law and waiver of immunity is one of the accepted exceptions on this principle. acceptance of referring the dispute to international arbitration by the state, shall be certainly deemed waiver of jurisdictional immunity in respect of that State. However, such an act shall not be deemed a waiver of execution immunity of the arbitration award and refraining from this immunity needs to separate waiver. Even after passing than execution immunity is difficult to find commercial nongovernmental properties of defendant state. However, solutions such as diplomatic protection, insurance, agreeing to modify or change the terms of payment, sale or transfer to third person and pressures from the international community and State of nationality of applicant by the removal or suspension of trade tariffs can help to execution of arbitration award.

Necessity of protecting the Constitution, as the supreme law at the top of the legal principles pyramid, stresses the need for establishment of the constitutional courts to ensure this order. Due to the differences between the legal systems in the world, their types of proceedings are different as well. Ensuring compliance of the ordinary laws with the constitution and supporting the basic rights and freedoms of the people are the main duties of this organization. The present article studies verdicts of the constitutional courts in a number of countries in order to explain role of the constitutional magistrates in development of the people’s basic rights. Accordingly, the people’s right of complaining about violation of their personal rights to the constitutional magistrate, the magistrates’ interpretation, a priory control, and publishing the decisions play an essential role in this regard. In other words, the constitutional magistrate is like a switchman that keeps the train of constitutional laws in its real track and does not let the public authorities to deviate it.

The specificity of the rules governing the European Union and the foreign competence of the Union to conclude the international treaties has led to the two independent legal systems regarding bilateral investment treaties between the member states of the Union and third countries; a regime based on the domestic law in the framework of international law and the EU-based regime. The conflict between the competence of the Union and its member states to conclude bilateral investment treaties, creates ambiguities which can effect to the validity of these treaties. Also the assumption of the supremacy of Union rules with the effect on the validity of bilateral treaties between member states and third countries, drew the assumption of the violation of international law and the international responsibility of the Union and the member states. Although some rules of Union Law contain approaches in this regard, there are still challenges in the concluding and the validity of these treaties at the Union level, which could be a sign of instability and unsaifty, as the main components in the attracting foreign investment in EU. In this paper, we are going to examine the challenges and their legal approaches at the EU level.

The doctrine of historic waters was introduced in the early twentieth century in international law of the sea. After more than a century of implementation aforesaid doctrine in between states, until today we has been witness its little development. In the Convention on the territorial sea and the contingous area and Convention on the law of the sea, there is no regulations concerning the historic waters.However,today in international law, a large number of stats, according to the doctrine of historic waters in the seas are seeking to expand their jurisdictional ambit, but the lack of clear and specific rules in this regard has led to differences at the international level, in this regard the fundamental question is that concept of historic waters how is in international law of the sea?regarding to requirements of historic waters seem that historical waters those waters which coastal state applied effectively and consistently its sovereign rights over them and such rights consistently been associated with express or implied recognition of states.In the end, regarding to importance of historic waters in international law of the sea are deserving to be formed international conference with the aim the codification and development regulations governing to historic waters.

The Waliyat Faqih system is the stems out of divine sovereignty and the parliamentary system is based on the high role of the people's representatives. So the combination of these two enounter problems. However, since divine sovereignty is one of the oldest forms of sovereignty, and today many people in the world have religious beliefs, the combination of this theory with the achievements of human wisdom a good solution for today's governments could be achived. The question of the research is how can the balance and cooperation of power be achieved in the organization based on divine sovereignty in the Islamic Republic of Iran? The research method in this research is library method. Based on the findings of this study, the present regime is a special system that is not fully compliant with any of the categorizations. As it may be named as a Welai Syatem of semi-presidential, semi-parliamentary system, it could be turned into a native "Welai parliamentary regime", which is more compatible with divine sovereignty. In fact, with the separation of the religious duties from other Waliyat Faqih duties, and the redefinition of these "other duties" for the moderator, as well as the use of a rather partial party system, not all parties, the conditions for the parliamentary system could be provided.

Spent Nuclear Fuel needs fundamental and scientific management because of its high temperature and emissions. The management would include some other phases such as storage and transportation. Some rules and regulations are legislated internationally for adjusting and creating civil and technical standards in this field. In Convention of Joint Safety Management and Radiation Wastes some regulations are emphasized for protecting individuals and the environment against the dangers and damages created by the mismanagement of the used fuel. So this article by using an analytic and descriptive method is an attempt to interpret and estimate the responsibilities of the governments and the undertakers about preventing and reparation which is caused by the mismanagement of the used fuels. In doing so the necessity of the environment's protection is came into account.

During recent 3 years, Yemen faced serious violations of many fundamental principles of humanitarian law. During the war, the Saudi government committed several actions, including violating the principle of separation and attacking civilian populations and the use of banned weapons. The international community was waiting for the response of influential institutions and governments, especially the UN Security Council, but those institutions were silent against the obvious violation of humanitarian law in Yemen. The purpose of this study is to identify the most important cases of violation of international humanitarian law by Saudi Arabia during the armed conflicts in Yemen. The study has been conducted through a descriptive-analytical method. The result of this study shows that in attacking Yemen Saudi Arabia, has violated many of the principles of international humanitarian law, including principle of limitation of choosing of any method and means of warfare, principle of the prohibition of attacks on civilian populations and residential areas. For this reason, Saudi Arabia has international responsibility and must be prosecuted by the International Criminal Court.

Generally, compensation for environmental crime damages meets two major challenges. The governmental nature of criminals, which causes a huge number of victims, is the first one. Secondly, as the Iranian legal system of civil liability is based on the theory of fault, it is not efficient enough to deal with this issue. However, based on the international law and Iranian legal system, we try to recognize criteria for compensation of environmental crimes. In these two systems, environmental compensation has a restoration nature and, on the other hand, it is based on the views of the offender and the governments. From this point of view, environmental criminal is required to restore the damages into its former circumstance. Otherwise, the government is responsible for compensating the environmental crimes through a specific fund, called environmental fund.