جستجوی مقالات مرتبط با کلیدواژه « cooperation » در نشریات گروه « فقه و حقوق »

Free trade/industrial zones, which have been created with the aim of facilitating trade activities, especially in underdeveloped areas, have expanded in the Iranian legal system. This study focuses on the legal system of free trade/industrial zones from the perspective of the relationship between the governing organizations of these zones and the governmental bodies in their territory. The study shows that the laws governing the administration of free zones have not been able to provide a suitable model for coordination between responsible organizations inside these zones. The mechanism embedded in the laws (specifically article 65 (A) of the Act on Permanent Provisions of the Development Plans) faces challenges due to non-compliance with the principles of public administration and administrative law. Accordingly, in addition to the need to repeal the above provision, it is necessary to stipulate that exercising the powers of the free-trade/industrial-zone organizations does not negate the legal powers of the relevant governmental bodies in these zones. Also, the powers of the above-mentioned organizations should be limited to commercial and industrial affairs of their respective zones. To establish executive coordination between the governmental bodies and the free-trade/industrial-zone organizations, it is recommended that a council composed of the director of the free-trade-zone organization and the highest governmental officials of the zone be established.

Although resorting to arbitration is a common and desirable method for resolving international commercial disputes, insolvency disputes, remain within the jurisdiction of judicial, executive, and governmental institutions due to their connection to general economic and commercial public order. Therefore, resorting to a single institution for adjudication is ruled out and practically, these disputes resolution are dealt within the framework of multiple and independent institutions. This issue is more complicated regarding enterprise group insolvency. Facilitating disputes in this regard requires coordination and cooperation among role-playing institutions in this field including courts, liquidators, and other stakeholders. Due to the failure to establish uniform institutions, UNCITRAL has drafted a model law to coordinate insolvency proceedings in enterprise group. Consequently, regarding the necessity of understanding and achieving this model law results, this research, through a descriptive and analytical method, studies the dimensions and infrastructures for establishing communication and coordination among institutions and advancing coordinated and effective proceedings, while addresses adjudicating institutions independence under the UNCITRAL Model Law. On the other hand, it examines the anticipated arrangements for various stages of the proceedings

The idea of establishing an International Criminal Court can be considered as a transformational and developmental idea in the field of international law. Following the Nuremberg trials, the drafting and adoption of the Rome Statute is considered an important document in the realm of international criminal law. This document, unlike the founding documents of the Ad Hoc tribunals, is an international treaty. Therefore, it is subject to the provisions of customary international law governing international treaties. This statute is a development and codifying treaty. In addition, not all state are parties to this treaty and therefore some states are considered third parties to it. In the present article, the concept of a third state in the framework of the Rome Statute has been studied descriptively-analytically. The question then arises as to whether the principle of relativity of treaties applicable to the Rome Statute also is subject to exceptions. According to the findings of this study, the Rome Statute is subject to some exceptions, such as: the existence of a customary rule, the existence of a jus cogense rule, the decision of the Security Council and the consent of the concerned state to the application of the treaty. It is important to note, however, that the extension of the Court's jurisdiction to a state not party to the Statute, outside of what is provided for in the Statute, cannot be consistent with the spirit of criminal law as set forth in the Statute.

Background and The relationship between litigants and judges is one of the basic issues in every legal system; The purpose of the present research is to investigate the interaction of litigants and judges in the legal system of Iran, France, England and the transnational civil procedure law. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. The parties to a lawsuit and the judge move in a parallel cycle to advance the proceedings. If contrary to the traditional rules that assign an independent role to the parties and the judge, if it moves towards changing the approach to the process of proceedings and establishes a kind of bilateral cooperation and interaction between the judge and the litigants, it will be better to achieve the goals of civil proceedings and above all Justice was achieved. The interaction of litigants and judges in the transnational civil procedure and the laws of some progressive countries such as France and England have been explicitly mentioned; In Iranian law, it is possible to implicitly consider cases compatible with the theory of cooperation between the judge and litigants; As a result, in order to identify the interaction between the litigants and the judge, amendments can be applied in the Civil Procedure Law of Iran.

The ICC jurisdiction in pursuit of Omar Al-Bashir, deposed President, and cooperation necessity of new Sudanese state in this regard are preceded by a record issue in the Security Council Resolution. The Resolution on the new Sudanese state after Al-Bashir’s depose is still binding to surrender him to the ICC instead of being tried in domestic courts. The comparative feasibility study of this theory, considering the situation of Al-Bashir’s removal from power and the non-membership of the Sudan in the ICC is one of the aims and topics of this paper. The study method is descriptive-analytical and relies on requirements of the Resolution and the ICC Statute. The main question of the research is what the effect of the Resolution components and the Statute on obligation of the new Sudanese state to hand over the deposed president instead of domestic trials are.  The findings of research show that Omar Al-Bashir’s removal from power does not only affect the requirements of the Resolution and the provisions of the Statute, but it also facilitates the handing over and initiation of his trials in the ICC. Therefore, the new Sudanese state, as a successor continues to address the requirements of the Resolution and the Statute to hand over Al-Bashir to the ICC

Prosperity of production and improvement of economic situation is one of the main concerns of Islamic political systems. The present study examines the prosperity of production from the perspective of the Holy Quran and the views of the Supreme Leader of the Islamic Revolution.

The method of the present research is descriptive-analytical and referring to religious texts such as the Holy Quran, statements and views of the Supreme Leader of the Islamic Revolution.Ethical considerations: In writing this article, ethical principles and rules such as referral, accurate and scientific use of resources are on the agenda.

The use of creativity and entrepreneurship, the sanctity of usury, collective effort and wisdom to double production and provide immunity to the field of economics, reflects the view of the Holy Quran and, consequently, the Supreme Leader.

Prosperity of production requires the principle of cooperation and convergence and the avoidance of unproductive activities to increase wealth. Islamic economics considers the prosperity of production acceptable based on its being on the path of worldly and otherworldly happiness.

Despite the text of articles 1108 and 1130 in the civil law, which made some doubts in considering sanctions on leaving the cooperation known as an infraction, the duty of cooperation between couples mentioned in article 1104 vanished all doubts. On the essence of this duty, amongst the doctrine of law are different points of view, as some know it ethical while some other count it juridical. However, the authors of this paper, through searching the jurisprudential and juridical sources and taking the descriptive-analytical method and observing the judicial procedure, believe in the third view that is the bilateral essence of ethical-juridical for this article. Regarding this view, about the low-level examples, this is only ethical and on the higher-level ones, it would be juridical which overlaps with disobedience standard in jurisprudence. The criterion on distinguishing the forenamed levels is custom and if any conflict happens, the verdict of substantive courts would be applied. Thus, there will be various and appropriate sanctions according to the jurisprudence and law, which can be proven by the organized jurisprudence view point. Key words: Cooperation, Strengthening the foundations of the family, Organized jurisprudence.

Referral by a State Party is one of the methods set forth in Article 13 of the Statute of the ICC. The State Party may refer the situation to a prosecutor who has appeared to have committed one or more crimes under the jurisdiction of the Court. It should be noted, however, that the initiation of the investigation by the relevant government is a high priority, and therefore the drafters of the Divine Statute sought to prevent the perpetrators of international crimes from being included. The referral of the situation by the State party to the Court Prosecutor is of great merit and will undoubtedly contribute to the efficiency of the Court.The main focus of this research is on state referrals and not other methods of referral. In order to have a comprehensive analysis of government referrals, it is inevitable to examine the formal and substantive issues associated with it. For this purpose, basic issues such as referral, referrer, referral rituals, reference works, and finally the possibility of returning the referenced status will be studied.This research will analyze state's referral of status in the Divine Statute in the light of its practical application. The Court's main approach and priority is to prosecute international crimes by national courts. The foreseeable principle of supplementary jurisdiction in the Divisional Statute implies the validity of such a priority. State statistics on cases referred to the Court indicate that this method is favorable to other methods of referral in the Statute.

Due to the advancement of industry and increasing economic activities, environmental interferences have been raised, which has led to the emergence of transboundary harm. Given the widespread effects of transboundary harm, governments have departed from a traditional compensation-based approach to a preventive approach. Experiences and scientific findings show that in addition to its environmental benefits, the preventive approach is economical and therefore is known as the Golden Rule and the Environmental Watch Tower. This article seeks to identify the main elements of the states’ obligation to prevent transboundary harm, using international instruments and precedents. It is concluded that firstly, the obligation to prevent includes two elements: substantial (or due diligence) and procedural (or cooperation), each of which has their structures or components whose existence is essential in identification of the responsibility of the state of origin. Secondly, considering the extent and the negative effects of transboundary harm, the two elements are intrinsic and inseparable, both necessary to fulfill the state’s commitment to prevention.

Due to its dry geographical condition, Iran is among those countries which always face shortages of water. Also, it has shared water resources with some neighboring countries. Hirmand River originates from the mountains of Afghanistan and has much economic importance for Iran. By building dams on the path of the river and forming illegal channels and diverting the river from its main path, Afghanistan has dried the international lake of Hamoun. In 1973, two countries signed an agreement about the division and use of Hirmand River. But Afghanistan use drought and not being provided some terms of the agreement as the excuse to evade implementation of the treaty. As the result of the United Nation’ attempts, some rules have been established, so that if there was no agreement among parties, they can ensure the interests of countries. These rules are established on the basis of fair exploitation and cooperation of parties. Even if there was not any binding agreements between Iran and Afghanistan, according to international principles and rules, Iran possesses the fair rights in use of Hirmand River and Afghanistan cannot deprive Iran of its own rights by invoking its sovereign rights.

All people deserve the inherent right to an adequate standard of living. Thus when some people are suffering from poverty, some economic - social rights of human beings are being breached. Fighting against poverty is one of the most important parts of social development process in order to reach the goals such as equality, justice, social coherence and global peace. The factor is recognized by the international law documents and some solutions are provided to eliminate poverty. By ignoring the existence of poverty, there will be much more problems in both national and international levels. Poverty will give rise to deprivation and insecurity. Therefore in a programme for social development the importance of policy making in order to gain empowerment and improving social protection systems should be noted. Moreover, at international law cooperation is one of the main elements of social development which can remove poverty.

The cooperative nature of the economy,according to its principles and values,is so that it is incompatible with a melancholy cast,but what would be wrong to assume,more than anything else,is a non-profit-oriented philosophy is often confused with nonprofit approach.we believe that the more cooperation goes under the trade and economic reasoning; it will better realize its own goals which are member's promotion. International Cooperative Alliance's approach also suggests that,if these companies in the field of economic competition and services offering, get out of the traditional deviations and apply commercial activities, it shall not be called "perversion of capitalism",if the cooperatives in this way has no purpose except to the extent necessary to meet the needs of its members and does not go forward that exit from its own nature and foundations to be a merchant and investment-oriented company.

The creation and development of economic analyses of law over the past halfcentury has drawn public attention to the aspect of efficiency. The analytical approach of this novel idea in the realm of contract law has made it possible to compare the efficiency of two different legal acts with reference to each other and to identify their deficiencies. The main element of evaluation of the efficiency in a contract's structure is paying due attention to three principles: lower transaction costs, greater cooperation and the flexibility of the contract. To apply these principles to buy-back and production sharing oil contracts indicates that the transaction costs of buy-back contracts are greater than for production sharing contracts. Moreover, buy-back contracts fail to properly align the interests of employer and contractor and this factor will amount to a decrease in cooperative profit. As to their flexibility, production sharing contracts are also considered to be better placed because their contractual structure enables both parties to align the content and structure of the contract with their own situations either at the time of conclusion or enforcement of the contract. To identify the deficiencies of buy-back contracts through the application of economic analysis of law will result in modification of the contract, an increase in profits for both parties to the project and a better framework for exploiting the oil resources.

International criminal law is one of the new branches of international law that the main purpose of it, is to prosecute, trial and punishment of the perpetrators of the most serious and gross international crimes. Prohibition of committing them has been recognized as jus cogens and all members of the international community have the duty to prevent it. The nature of this duty is known as erga omnes. In fact, international crimes violate the fundamental and human values which constitute the basis of the international community, so the international criminal law protects the community against the international crimes and mass violations of human rights. For this goal, by realizing the criminal responsibility for individuals, it prima facie regulates some obligations for persons not to commit those crimes and then addresses the states to cooperate to combat against the impunity of international crimes and to attempt to prosecute criminals by application of universal jurisdiction. Nowadays, humanization the concepts of the international crimes and relating them to the international conscience collective, changes the nature of some obligations of states as the non-reciprocal ones toward the international community, therefore non-reciprocity is realized in some field of international criminal law. In this article, non-reciprocal considerations in modern international criminal law will be discussed.

Most jurists are of the opinion that the verse “Do not cooperate in sin and enmity” indicates prohibition of cooperation in sin and aggression. Based on this opinion, some jurists consider contracts which are instances of cooperation in sin and that as being invalid contracts. In the present article, this idea has been criticized and it has been said that the true opinion is “the prohibition indicated in the verse concerns a universal and total prohibition (Tahrim) and dislike (karaha)”.

The present article investigates and analyzes cooperation of ulema with unjust rulers. First the terms "jowr" [injustice] and “ja’er" [unjust or oppressive ruler] have been defined in jurisprudential context followed by a clarification on the difference between "jowr" and "zulm" [oppression]. Later different categories of rulers in jurisprudential legacy of Shiism have been mentioned. Having studied cooperation of ulema with unjust rulers in different eras, we see that according to verdicts issued by all Shiite jurisprudents, the primary principle is that cooperation with unjust rulers is haram [forbidden]. However, cooperation of ulema with unjust rulers under special conditions did not in any way mean to legitimize their rule; rather some positive aspects of cooperation such as: taqiyah [the practice of concealing one's beliefs in dangerous circumstances], public interest or good, revival of amr be maroof [commanding the good] and nahy anil munkar [forbidding the evil] made them to cooperate.

In July 2002, the Rome Statute of the International Criminal Court came into force and International Criminal Court was established. It was indeed a significant moment in international criminal justice. ICC is a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern,” which include “genocide; crimes against humanity; war crimes; and the crime of aggression. The African region played a great and active role in the founding of the Court. However, the fact that all accused persons presently before the Court are Africans has raised speculation that the ICC is targeting only Africans. This perception was further exacerbated with the indictment of President Omar Al Bashir of Sudan. Consequently, the African Union has resolved to cease cooperation with the Court with regard to the arrest of Al Bashir. Therefore African countries have come to be critical of the ICC and relations between Africa and the court are currently severely strained. In fact, the African Union has asked its members to implement a policy of non-compliance and non-cooperation with the ICC. For the court to remain a credible institution for the execution of international justice, the recent challenges may be a great danger and should be taken seriously.

Iran and Turkey are the two important countries in the region that despite their resemblance in identity, history and geopolitics, however through ought their past history have not been able to develop a quasi relationship. After the Islamic Revolution in Iran, the rise of an Islamic state in Turkey caused the expectations that the relations between the two sides despite their traditional conflict and competition, will lead to a greater cooperation between these two countries.. But relations between two sides in the last 10 years shows that although in the field of trade and economic relations have reached highest level, but in other field such as political and security, competition between the two countries Increased to an unusual tensions and sometimes confrontation conflict. This article after a brief looks at the effective fundamental factors to divergence between these two countries and finds the grounds for a better bilateral relationship and cooperation