نشریه دیدگاه های حقوق قضایی
پیاپی 60 (زمستان 1391)

The European Union council in 23 January of 2012, in direction to aggravate economic sanctions against Islamic Republic of Iran, decided to enact further economic restrictions against this country in energy section such as importing oil from Iran to the state members of European Union, in financial section against central bank of Iran, in transportation section and also against individuals and legal entities. In the center of these sanctions oil embargo has more importance than the other sanctions that is necessary to consider its legality in international law point of view beside the political and economic arguments and disputes. The question is that how much the countries and international organizations have the capacity in interpreting and implementing Security Council sanctions? Does European Union have right to adopt sanction higher than Security Council sanctions? What is the response of international law toward EU sanction against Iran? The purpose of this study is to consider and analyze the European Union measure and its legality in international rules and also by the modality of interpreting Security Council resolutions and other general and special rules of international law.

Although the principle is the equality of creditors, however, Privilege Debt, by Obtaining the pursuit and preferred from law, is as an important exception to this rule, the exception that favor some creditors over others. In present article, this legal entity is defined and from start to finish is analyzed.

Today the leaders of countries are not the only ones which are participating in the treaty- making process. Along with formal treaties many international agreements are signed at lower levels of government and administrative officials have signed them. From the viewpoint of international law, administrative agreements such as treaties provide rights and duties for states and they are also governed by international law. Of course, viewpoint of the national legal systems to capacity of governmental institutions and ministries for the conclusion of these agreements may be contrary with viewpoint of international law.

Subject of this article is the deprivation that relate to wives and their portion in patrimony of their husband. As most Imamiah’s jurists state; wives are deprived from possessing all estates in the case of husband’s death. In the other hand, some jurists mentioned that wives are same as other and that deprivation is not acceptable. Some states that in case of Imam's absence surplus of patrimony should be delivered to the wife but if he is present, there will be no surplus. Despite some reasons that can be grasped in this case, majority of Imamiah's Jurists denied them. Topic of this article is consideration of proofs in this case.

The legal system of any given society, whether national or international, requires that legal disputes between the parties must be finally concluded and settled. Abiding by judgments made by international courts and prevention of contradictory judgments are related to international public order. Variety of international courts, arbitration tribunals and commissions increases the possibility of conflict of jurisdiction and issue of different and sometimes conflicting judgments at the international level. Such a situation, instead of final settlement of disputes will widen and intensify the international disputes and therefore is not desirable considering the fact that certain unsolved and outstanding international disputes may threaten international peace and security. The principle of Res Judicata is one of the valuable principles of civil and criminal procedure of national legal systems. Today increase and plurality of judicial and quasi-judicial international arbitration mechanisms may serve as appropriate arrangements in international proceedings and to attain legal stability and reinforcement of peace and security in international arena. The present article will conclude that the principle of res judicata is well-recognized in international proceedings and arbitration and relied upon in numerous disputes. This reality may effectively decrease the existing concern regarding increase of international courts and issue of conflicting judgments.

According to clause B of article 206 of Islamic penal code (enacted in 1370) & clause 2 of 288 article of Islamic penal code (enacted in 1390) the lawmakers is adopted " intention to commit a typically fatal act " as a criterion murder (felony) in criminal law. Since the definition of the action or " Typically fatal act " does not exist in law, so, there is different interpretations of the law by the courts in practice and the judicial procedure, as particularly manifested in the decrees issued by supreme court branches, suggests that the tribunals & supreme court branches regard-by extensive interpretation of article B clause 206, the mere '' usage of a lethal weapon" regardless of the position of the hit, as sufficient for verification of deliberate murder. This article discusses some of the problems identified Precedent and the criteria for diagnosis and Identification of " Typically fatal act" deals.

The USA Patriot Act, which is projected and enacted with the purpose of creating fundamental changes in order to surveillance, combating terrorism and enhancement of security, caused serious concerns regarding civil liberties, due to the excessive use of surveillance, searching records and data and using them. The legislation of this Act within a few weeks after the September 11th attacks, led to increased powers and authorizations of government in performing anti-terrorism investigations. The Codification and enforcement of the Patriot Act, was followed by a wave of opposing and supporting criticisms in this regard, and people and authorities were faced by many legal and social challenges. The subject of this article is a brief review of the history, general chapters, changes of the laws of the United States of America due to enactment and enforcement of the mentioned Act and finally, sunning up the positive and negative points of it.