فهرست مطالب mohammadali solhchi

In Public Budgeting which gets done through Actions of Parliaments, certain principles that in most legal systems are more or less accepted must be followed. Such principles should basically be considered in all stages of Public Budgeting. However some of them may be ignored by legislatures in action. Among these principles, Legality, Annuality, Unity, Universality, Comprehensiveness, Gross Budgeting, Equilibrium, Priority of Revenue over Expenditure, Prediction and Procession, Estimative of Revenue, Limitation of Expenditure, Specification, Non-assignment, Flexibility and Centralization of Revenue are stressed by Iranian Constitution and Legislation. Despite these principles, other ones such as Rule of Law, Responsibility, Correctness, Proportionality, Alternation, Sufficiency, Transparency, Management, Variety, Separation of Continual and Non-continual Credits, Reliability, Predictability are more or less and in action connoted by Iranian Legislation. Principles of Unity, Universality, Specification, Annuality, Gross Budgeting, Equilibrium, Accuracy, Transparency, Management and Unit of Account are mentioned by Council Regulation (EU, Euratom) No 1605/2002 – of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities. Amidst recent principles, Unit of Account is specific to the budgeting system of the European Union. Also the World Bank in the Public Expenditure Management Handbook (1998) has denoted principles of Comprehensiveness, Discipline, Legality, Flexibility, Predictability, Contestability, Correctness, Transparency, Responsibility as due principles of budgeting. Current research is a comparative study of principles of budgeting in Iranian Legal budgeting System and that of the European Union in the light of basic budgeting principles of the World Bank in its 1998 Report.

Emerging phenomena cause changes in current legal rules. The increase in cyber activities, including the publication of fake news to interfere in states governing, is an emerging phenomenon that has become one of the challenges of international law and has somehow cast doubt on the legal order governing the international community. It is also in conflict with the principle of prohibition of interference in the local affairs of governments, as a customary rule and a universal obligation. The article studied fake news and the prohibition of interference in the local affairs of countries from the perspective of international law. This qualitative research is developmental-applied in terms of its goal. To collect information, the method of studying documents and libraries has been used. Focusing on the rule of non-intervention and explaining the meaning of compulsion, this research showed that the principle of non-intervention can affect the spread of fake news - with the aim of influencing in governing. According to the findings of the research, fake news in some cases violates the principle of non-intervention and cannot be classified as "forced". It also argues that a new model of non-intervention should be developed to shift its focus from the conventional standard of coercion, i.e. Coercive and military measures, to the new standard of manipulation.

Observance of the adversarial principle is associated with that the trial is not conducted in the absence of one parties. On the other hand, observing the interests of the party that has referred to the competent tribunal requires continued consideration and issuance final decision. If a country can deprive the jurisdiction from the competent tribunal by not appearing, this will severely undermine the credibility of peaceful dispute resolution. China issued a plan to the UN Secretary-General in 2009 and announced the drawing of a Nine-Dash Line in the South China Sea. The Philippines as the most protesting country, alleges an international dispute over the incompatibility of China's Nine-Dash Line with the United Nations Convention on the Law of the Sea (1982) and on January 22, 2013, citing the provisions of the Convention, it referred its case against China to an arbitration tribunal under Section 7, Chapter 15 of the Convention. China declined to participate in all proceedings because it considered the arbitration tribunal incompetent to hear the dispute. This article intends to examine the validity of the dispute resolution process in the event of default to appear before the competent tribunal. The concise conclusion of this article is that the country absent from the proceedings is still considered as a party to the dispute and mere absence will not cause the deterioration of this position or the loss of competence of the competent tribunal but special tasks are established for the competent tribunal, which are examined in this article.

The evolution in international security theories causes changes in international legal-normative foundations and this causes different levels from interpretation to change and repeal of laws, which at least creates a different interpretation and rather different from the previous interpretations. And the maximum is the copying of previous laws or changes in the meaning of common laws, therefore it requires that the theories proposed in the field of international security be studied in order to evaluate the ratio of theories and laws, their mutual influence and impact on each other. and the formation of new processes of norming and legislation in the international environment should be understood correctly. Based on this, the main question of this research is that what consequences does the theory of impact-oriented operations create in the realization and application of international humanitarian rights and, consequently, in guaranteeing the national security of areas involved in armed conflicts? To answer this question, a descriptive-analytical method was used, and the summary result of this research is that the theory of influence-oriented operations, through overcoming and imposing its will on international law, intends to affect the process of legislation in the international arena and This will ultimately endanger the flow of security and peace both in the national and international spheres.

abstractImplementing the Provisional Measures of the International Court of Justice by Emphasizing the Court's Order in the Case of Alleged Violation of the Iran-US Amity Treaty (1955)The provisional measure order is one of the common legal entities in domestic law and international law. Pursuant to Article 41 of its Statute, the International Court of Justice has the power to indicate provisional measure to protect the rights of the parties as well as to prevent the dispute from escalating. Relevant provisions governing the authority and performance of the Court regarding the provisional measure are provided for in the Statute and the Rules of Procedure. The court performs this action before issuing a final judgment in the litigation. In this regard, the International Court of Justice unanimously voted in favor of Iran's request for provisional measure in the alleged violation of the Amity treaty of 1955, and required the United States to take the necessary measures regarding the free export to Iran of the humanitarian needs including pharmaceuticals, medical and health supplies, agricultural and food products and spare parts and essential equipment and services for national aviation safety. The present study has descriptively-analytically examined the main question of whether the provisional measure has been implemented or not. According to the findings of this study, the United States did not implement the order, and in this regard, the International Court of Justice has established a new mechanism to monitor and report on the implementation of this order.

Interpretation as a mental act used to understand the meaning and concept of a text has long been important for understanding religious and legal texts. However, there is still disagreement among experts about the limits and scope of this legal entity. During the seventeenth century, many jurists have tried to define the framework, limits and limits of interpretation. one of the most important points in interpreting the role of time in recognizing and meaning words. It has long been thought that in order to respect the will of a text, phrases and words must be considered in the sense of the time they were written. However, dynamic or transformational interpretation is an approach that tries to consider the role of time as an important element in interpretation. In other words, words should be interpreted in terms of changing the meaning of words over time. This approach has been particularly important in jurisprudence over the past few decades, and the International Court of Justice, as a world court, has explicitly recognized that words and phrases as living beings can evolve throughout history. This study, with a historical look at the concept of interpretation in international law in several centuries of its life and considering the evolution of jurisprudence in the last century, specifically examines the practice of the International Court of Justice in the category of interpretation in the twentieth century and the beginning of the third millennium. have given. In this context, the jurisprudence of the International Court of Justice has been evaluated in the light of the hypothesis that the Court, in the light of developments in the international community, has considered principles that interpret treaties in the current context, principles that play the role of "time". are taken into account in recognizing the meaning of words.

China issued a map to the UN Secretary-General announced the drawing of a Nine Dash Line in the South China Sea, In 2009. This Nine-Dash Line cover's all the main islands of the South China Sea. Also, the method of delimitation with this Nine-Dash Line is such that it interferes with the Exclusive Economic Zones and the Continental Shelf of other neighbors. This way of drawing lines was not reformed even with China's accession to the Convention on the Law of the Sea (1982). The Philippines as the most affected and protesting country, Claims incompatibility of China's Nine-Dash Line with the United Nations Convention on the Law of the Sea (1982) and considered all Chinese actions contrary to its obligations under this convention. According to this Convention and aimed at resolving disputes, The Philippines submitted its bill and petition to the Arbitral Tribunal pursuant to Annex 7 of the Convention. The summary conclusion of this study is that although the delimitation of borders, including maritime borders, is unilaterally practical in principle, a country cannot introduce itself as a coastal country outside the scope of international law and in areas that overlap with other coastal countries, to draw border lines unilaterally, and it is assumed that the Nine-Dash line drawn by China has no legitimate justification. The method of this research is descriptive-analytical and relying on library resources.

Arbitration for international investment comes at a high cost to both the investor and the government in question. One of the new phenomena in international investment arbitration is the financing of litigation by a third party investor. This investor is not interested in the issue of arbitration, but enters it with the hope that it will be profitable from resolving the dispute. International arbitrators have, in principle, no jurisdiction to review a third-party investment agreement because their jurisdiction is limited to litigation between the foreign investor and the host government. The investment agreement, therefore, has nothing to do with the legal relationship between the foreign investor and the host government. It will also point out that the existence of an investment agreement is subject to transparency rules to ensure that the principle of equality is respected, and that a third-party investment investor is an investor in financial claims and claims that acts before a court or arbitral tribunal. With the participation of a third party investment investor, the plaintiff (claimant) may use the necessary resources and intervene in the litigation or arbitration. Instead, the third-party investor is promised a portion of the profits if the lawsuit is successful. If the lawsuit is unsuccessful, the third-party investment investor will bear the costs of participating in the lawsuit or arbitration instead of the plaintiff.

International commercial arbitration imposes heavy costs to the parties involved. In this regard, one of the new phenomena in international commercial arbitration is "financing of court costs by a third party investor. There are several reasons for the emergence of a third party investor: 1- involved parties may not have the resources to pay for the costs of arbitration or they may be reluctant to use their funds to finance the litigation: 2. the uncertainty of receiving compensation as a result of paying the arbitration fees might encourage the parties to transfer this risk to a third party; 3. having its own advantages and disadvantages. Since the funder holds the power of the purse, TPF entails the risk of the control of the claim being transferred to the third party funder. We might ask whether international arbitration tribunals should examine the extent of the investor's influence in determining the allocation of costs or not. In addition, is it essential to disclose the third parties contracts confidential? Overall, it is concluded that those mentioned Tribunals should allocate and guarantee the arbitration cost and agree on disclosing of third parties fund contracts under urgent conditions by international arbitration tribunal.

The role of legal- international norms in the regulation of relations and how to interact between international law subordinates requires that the strategies (traditional and modern) generating the mentioned norms be studied in order to have a precise understanding of the process of developments in legal- international normalization, and also activism and behavior that guarantees national interests be considered. On the other hand, the process of the development of the norms of international law has taken shape in a kind of controlling confrontation with armed conflict, as the basis of the United Nations’ Charter is to ensure international peace and security, so that prevent the international peace and the order derived from legal norms in legal relations between countries from serious damage and violation. Therefore, the main question of the research is that which one of the theories in the field of international security has the capacity to normalize international law? To answer this question, a descriptive- analytical method was utilized, and the concise conclusion of this study is that the theory of effects- based operations, which is the basis of the common doctrine of the United States of America, is a new strategy of normalization in international law.

Subject-matter jurisdiction of the International Criminal Court includes only four major crimes and under the present rules of the Rome Statute, crime of drug trafficking is not among them. The ICC is not a court of general jurisdiction, it has jurisdiction only over the crimes enumerated in the Rome Statute and since drug trafficking is not among them; it falls outside the court's subject matter jurisdiction. On the other hand, drug trafficking is common in large scale around the world and so it is concern to the international community as a whole. So, the article aims to consider whether under the current statute rules or if amended, the jurisdiction of ICC could be extended over the crime of drug trafficking. Present paper that written in analytical-descriptive method, aims to consider why and how ICC's jurisdiction can be extended over the crime of drug trafficking in order to combat impunity of major drug traffickers.

The global justice and security of today's world challenges a variety of issues, such as terrorism, human rights and human rights violations, crimes against humanity, war crimes, violent repression of authoritarian governments, etc., all of which have a significant impact on global criminal justice and security. They need to be restored, confronted and confronted. In the meantime, international bodies such as the United Nations Security Council, which on the one hand are subject to universal consensus and have their views and ratifications, and on the other hand have the power and capacity to deal with issues that violate international security and criminal justice, Consider a suitable solution. In this descriptive and analytical study, we found that the Security Council used tools such as the theory of responsibility and support, as well as the capacity to refer specific cases to the International Criminal Court, as well as the right to resort to military force and assign it to the United Nations. It is a consensus of the countries of the world, acting against the threatening manifestations of international criminal justice and security, all of which are palpable in the cases of Rwanda, Yugoslavia and the like.

Alternative Dispute Settlement (ADR) phrase is a common term that refers to peaceful and out-of-court dispute settlement. In this way, the parties to the dispute, instead of resorting to the courts, settle their claims by a third party or in a manner they consider appropriate. The most important kinds of this method are: arbitration, negotiation, mediation, conciliation, Amiable Composition, and combinatorial methods. On the other hand, international economic law covers a wide range of areas including financial and banking law, commerce and foreign investment law. The key question of this study is what is the notion of alternative methods? And how we can effective and efficiently the resolving disputes arising from economic law? This study uses a descriptive-analytical method and its results show that the origin of international economic disputes is mainly due to the interpretation or performance of commercial contracts and banking and financial agreements, disputes arising out of expropriation, or deny of services. Because of international economic law subjects are diverse and even include natural persons, disputes are very complex; the parties to the disputes are usually reluctant to refer disputes to state courts and judicial authorities, thus using alternative means to resolve their disputes.

Development and international banking and financial relations provide many opportunities for developing countries to play a more active role in the global economy and increase their profits through their participation in international markets. Despite the variety of opportunities arising from international financial and banking relationships, there are many challenges in this area. One of the most important challenges is how to resolve disputes related to international banking and financial affairs. To address the claims in this area, new approaches have been proposed, which are somewhat different from the traditional legal and judicial approaches that are called “Alternative Dispute Resolution" (ADR). In these methods, the disputant’s parties seek specific mechanisms that, while paying the lowest cost and providing their points of view and satisfaction, can make fair and equitable decisions. This article examines the effectiveness of ADR procedures as an extended model for resolving banking and financial disputes by examining different ways of solving disputes in the field of international economics. Hence, identification of competent authorities to address these disputes and explaining the role of ADR methods in resolving disputes arising from financial and banking issues are among the most important goals of this study. The results of this research prove that using ADR methods is the most appropriate and desirable method among various methods of resolving economic disputes for international banking and financial affairs.

Communication technologies are generally considered as an effective means in contemporary era in transmitting news and information with exclusive characteristics and play an inseparable role in the world today. The privileged feature of these technologies should be the direct observation of events and its rapid transmission to audiences. This feature is of particular importance in protecting human rights, which ensures human rights, so that one of the key factors in the implementation of human rights and for dealing with potential violations and prevention of human rights violations. Communication technology through direct consideration of human rights violations in the exercise of direct monitoring of human rights and cooperation with regulatory authorities in various ways, such as creating public awareness and providing oversight by regulatory authorities and working with them and creating access facilities for victims of human rights violations at the national and international levels have a special role, all of which is a means of guaranteeing human rights. The purpose of this research is to identify the characteristics of these technologies and their functions in guaranteeing human rights.

Iran legal system like some other legal systems recognizes and applies the death penalty for drug-related offenses. On the other hand, many States have abolished the death penalty in their laws or practice or at least do not apply it in cases relating to drug-related offenses. So, the main question of this article is whether or not Iran’s criminal policy in this regard is compatible with international human rights norms. Present studies show that under international human rights law, especially under the International Covenant on Civil and Political Rights, the application of capital punishment, while not prohibited, is restricted in exceptional ways. The death penalty may be imposed only for the most serious crimes under some requirements. The studies show that drug-related offenses do not have exceptional feature and they are not an instance of “most serious crimes”, and so could not be subject to capital punishments. Thus, Iran has to abolish the death penalty for drug-related offenses in the light of its international and human rights obligations which would be more compatible with constitutional and Islamic foundations of its own legislation.

One of the most controversial issues about transnational corporations is their environmental performance، sometimes leading to irreparable damages. This issue has been the concern for many developing countries، as the capital importing countries، and the developed world as well. Transnational corporations'' environmental violations raise questions as to their probable Human rights and environmental obligations، if any. A great challenge for imposing binding obligations on these non-state actors is their legal character، let alone their extraordinary power and reluctance. Hence، most of the norms and principles in this context are considered to be part of soft law. Meanwhile، international environmental law، as one of the branches of international law، has some emerging standards. In this study we have examined the most prominent international environmental standards and guidelines، which can be followed by corporations for a sound environmental performance. However، it is expected that these emerging standards will change to hard law.

Today، transnational corporations are regarded as prominent actors in international arena. This is deemed by many as a significant feature attributable to modern international law. Rapid growth of these corporations and expansion of their activities resulted in growing concern as to studying the necessity of extending the rules of international law to encompass such novel entities. Furthermore، there are concerns as to whether states to which transnational corporations are nationals may bear responsibility for their activities beyond national borders. This paper also studies whether the host states of these corporations may be held responsible for their wrongful actions.

The efforts made by human rights scholars has led to its classification according to the notion of “generational human rights”. Such generations include; the first generation (negative rights), the second generation (positive rights) and the third or solidarity rights which is also referred to as collective rights based on which some regard it as body of rights belonging to group of people or masses. On the contrary, some scholars believe that masses may not enjoy rights as such. Considering the criticism targeted against the third generation of human rights, some scholars do not recognize it as rights, but instead a set of moral virtues or universal values, while there are others that maintain that the third generation of human rights is essential as to compensate for deficiencies attributable to the first and the second generations. Notwithstanding the above, the question has yet remained as to the true nature of third generation of human rights. This paper shall attempt to study the third generation of human rights concept, besides reviewing the criticism targeting the same.

According to the Article 231 of non-contentious code, whose basis is Islamic religion, the debt of deceased has to be paid immediately. The debtor has the right to get the durable debt from the inheritor. The main question of this article is whether this rule is adaptable in durable contractual obligations or not. In other words, If someone who enters into a contract then passes away before fulfilling his/her obligation, would his/her obligations turn to be present or it should be paid at the previously specified time? The rights, obligations and undertaking of persons are transferred to their inheritors. The inheritors are entitled to the deceased’s rights and responsible to fulfill the obligations of the testator except the personal obligations and those that are not transferable. The obligations of the testator during his/her lifetime arise from either statute or contract. Emphasizing on the religious and legislative principles in this article, we have studied and discussed this subject, and have concluded that in contractual obligations, particularly the bilateral contracts, in which the debt time of performance has main role in the economic balance of subject matter, the inheritors are obliged to perform the debt on the specified and predicted time of contract and the passing away of the testator has no effects on the time changes of such obligations.