جستجوی مقالات مرتبط با کلیدواژه "territorial sovereignty" در نشریات گروه "فقه و حقوق"

Investigating the criminal laws of different countries show that nationality principle is one of the most important principles of extra-territorial criminal jurisdiction. For the first time in the history of Criminal law in Iran, the principle of nationality-based jurisdiction was accepted. The rule of No Double Jeopardy which had been rejected in the wake of Islamic Revolution (1979) came into existence once again . However, some other evolutions could also come to view in the same line with the consideration of jurisdiction based on the nationality of victim such as the application of jurisdiction is subjected to the claim of plaintiff and also the opinion of public prosecutor’s office; these two conditions were not in contrast to Shaira standard at least in the field of Tazirat.

The right to self-determination is one of the fundamental and most crucial principals ofinternational law. Such cruciality is emerged from violating territorial integrity of countries. There will be no controversy over territorial integrity while colonies apply their right to self- determination; but recently after separation of Abkhazia and Ossetia from Georgia, Kosovo from Serbia, initiating the separation process by Kurds and Catalonians in Iraq and Spain, a controversy has arisen over territorial integrity denial in situations of serious human rights breach. Theory of remedial secession not only states such questions but also believe in supremacy of human rights over territorial integrity in humans rights breach situations. Studying on this theory constructions, indicates that there are some conflict between this theory and principal of interpretation of treaties under articles 31 and 32 of 1969 Vienna treaty. At the same time such theory goes beyond the existing rules and principals of responsibility of states and has criminal nature unlike the principals of responsibility of states which have remedial nature.