1
محمد علی
اردبیلی
دانشگاه شهید بهشتی
author
مصطفی
فروتن
دانشگاه شهید بهشتی
author
text
article
2016
per
>Perpetration-by-means is one of the expressions that in seen in legal books as one of Perpetrators of crime. According to this definition, there is no agreement between criminal lawyers in different legal systems and it has been never discussed the principles and criminal liability accurately. In this study, it is attempt to describe different concepts of Perpetrator-by-means and explain its justified means, analyse it foundation and criminal responsibility and is determined in this way legal dimensions of Perpetration-by-means in Iran criminal law.Key words Perpetration-by-means, Main guilty, Criminal responsibility, Punishment.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
19
v.
73
no.
2016
11
34
https://lawresearchmagazine.sbu.ac.ir/article_56385_f5da6d088c01a65aad22ff2cb46c60db.pdf
1
عباس
قاسمی حامد
دانشگاه شهید بهشتی
author
غزل
غفوری اصل
دانشگاه شهید بهشتی
author
text
article
2016
per
class="a">Commercial courts are among the most important special courts. Some countries understood importance of these courts in order to ,professional ,precise, rapid and low cost hearing to the commercial litigations and add it to other references in their judicial system. But there are not these important special courts in our judicial system and the lack of these courts sometimes prolongs the Process of hearing to the important and sensitive commercial litigations with high pretension ,In despite of need for rapid and precise Determination. Until now there was no comprehensive and independent research and study about these courts , Especially the necessity or lack of necessity of them in Iran.We want to justify the necessity of revitalize these courts in Iran By referring to the specifications of commercial law, illustrious experience of commercial courts in France and the problems originated from the lack of these courts in a judicial system.Key wordsCommercial Litigations, Commercial Procedure, Special Court, General Court.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
19
v.
73
no.
2016
35
57
https://lawresearchmagazine.sbu.ac.ir/article_56386_176bb7c938364e5746f2fbd2dcfdb14e.pdf
1
یدالله
دادگر
دانشگاه شهید بهشتی
author
روح الله
نظری
دانشگاه فردوسی
author
text
article
2016
per
class="a">One purpose of any government is achieving economic development and economic growth. Lack of crime is an efficient complement of development. Thus lawyers are interested in investigating all factors, including economic ones, affecting crimes. So long as economic situation is good the crime would be low. One purpose of this paper is investigating the crime in Iran by using some economic models. These models include Kuznets’s curve and misery index. For doing this research we are using the data for homicide and other crimes in a thirty years period for Iran. The results indicate that there is a significant relationship between crime and misery index at one hand and also crime and economic growth at the other.Key wordsCrime, Misery index, Economic growth, Kuznets’s curve.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
19
v.
73
no.
2016
59
78
https://lawresearchmagazine.sbu.ac.ir/article_56387_a128b04c6d2b5dd3e81ceebc19d98210.pdf
1
سید قاسم
زمانی
دانشگاه علامه طباطبایی
author
سورنا
زمانیان
دانشگاه شهید بهشتی
author
text
article
2016
per
>Year of 2011 in the Middle East began with the protest movements against repressive and discriminatory policies of authorities in Arab countries. Syria was not an exception in this case. But in spite of abating this wave through the majority of Middle East countries regardless the level of its success, the situation in Syria marked in another way which led to a five year war with hundreds of thousands of casualties as well as millions of refugees and displaced people who since then have been flooded into neighbor countries as well as countries through Europe area. Continuous armed conflicts began as of August 2011, led to shape dozens of groups weather terrorist or non-terrorist, conflicting Syrian government plus having occupied and dominated some major parts of Syrian territory. So in this research paper as our major goal subject, we are going to identify these non-state actors.Key WordsMiddle East, Syria, Armed Conflicts, Non-State Actors, Identification.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
19
v.
73
no.
2016
79
105
https://lawresearchmagazine.sbu.ac.ir/article_56388_2a581a51ef1b621eeaabe8847d5f7156.pdf
1
محمد جغفر
قنبری جهرمی
دانشگاه شهید بهشتی
author
حمیدرضا
علیخانی
دانشگاه شهید بهشتی
author
text
article
2016
per
class="a">Provisions on investment contained in chapter three of energy charter treaty are the cornerstone of the treaty that aim to promote and protect foreign investment in member states. To this end, the treaty confers some fundamental rights to foreign investors in host state in the relation to their investment. Compatible with treaty approach, this article addresses the protection of investment in two separated phase; pre-investment phase or so-called adoption of foreign investment by state, and after establishing investment. In this respect, Nondiscrimination through national treatment or MFN, whichever is the more favorable, as the most important commitment of states in facing with a foreign investment in company with some other concepts such as obligation to accord at all times to Investments of Investors of other Contracting Parties fair and equitable treatment and observing minimum standards of international law will be discussed and try to, by comparing them with other similar instruments and arbitral practice, render a correct comprehension from treaty’s position.Key words Energy Charter Treaty, Foreign Investment, Protection of Investment.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
19
v.
73
no.
2016
107
135
https://lawresearchmagazine.sbu.ac.ir/article_56389_a93631f58efa64e349e975381d2375d6.pdf
1
ابراهیم
رهبری
دانشگاه شهید بهشتی
author
text
article
2016
per
>The necessity of trade secrets protection has always been evident and becomes more apparent when confidential information has innovative nature. Confidentiality agreement as an efficient tool, contrary to the regulations which are sometimes ambiguous and deficient, gives the innovator a good chance in putting the result of intellectual efforts into a protective domain based on mutual agreement. Having regarded the characteristics of IPs, this paper with specific attention to statutes, lawyer's opinions and last jurisprudence's approaches, proceeds to clarify the notion of nondisclosure agreements and analyzes the functions of confidential agreement in IP framework and surveys its role in developing of innovative ideas by procuring cooperation ground based on secured relationships and uncovers its function in commercializing confidential IPs and know-how. In addition this research shows that in despite of the existence of related general laws & statutes, confidentiality agreement has specific character, potentials and functions which have made it as inseparable part of commercial transactions of confidential IPs.KeywordsConfidentiality agreement, Nondisclosure agreement, Trade secrets, Intellectual properties, Innovations, Know-how.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
19
v.
73
no.
2016
137
166
https://lawresearchmagazine.sbu.ac.ir/article_56390_d532c3475dd391858565bc6c236f12d2.pdf
1
حسن
محسنی
دانشگاه تهران
author
text
article
2016
per
Legal Research Quarterly
Shahid Beheshti University
1024-0772
19
v.
73
no.
2016
167
198
https://lawresearchmagazine.sbu.ac.ir/article_56391_972399e455fc41ed0d0dc5dec478f336.pdf
1
منوچهر
توسلی نایینی
دانشگاه اصفهان
author
text
article
2016
per
>One of the most important freedoms for diplomatic and consular missions is freedom of formal communication with the sender state or its others representatives. One of the pillars of this freedom is using the courier for sending the correspondences and documents with diplomatic bag. Freedom of communications of diplomatic missions codified in the four conventions of diplomatic law since 1961. But, in these conventions enough support for diplomatic courier and bag is not predicted. To overcome this defect, legal Committee of the General Assembly of the United Nations and the International Law Commission (ILC) started the study of legal protection of diplomatic courier and bag and more explicitly the “legal protection of the diplomatic courier and the diplomatic bag not accompanied by courier” in 1980 and ratified draft plan entitled “Status of the Diplomatic Courier and the Diplomatic Bag not Accompanied by Diplomatic Courier in 1989. The aim of the ratification of this draft was the codification of uniform and coherence rules and consistent with all kinds of couriers and bags. This draft solved many of existing defects in legal protection of the diplomatic courier and bag and abuse of these means of communication and other problems. But due to conflict of interests of countries, despite the years of efforts of the International Law Commission and the General Assembly of the United Nations, approval of this draft and adopting the uniform method on diplomatic and consular bag, so far, has not been possible.Key words Diplomatic communications, Diplomatic law, Sending state, Receiving state, Diplomatic courier and bag.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
19
v.
73
no.
2016
199
226
https://lawresearchmagazine.sbu.ac.ir/article_56392_12e5e8958dcb9135e231f0b5fed4ba4b.pdf
1
صابر
نیاورانی
دانشگاه آزاد اسلامی، واحد علوم و تحقیقات تهران
author
محمد حسن
پیرزاده
دانشگاه شهید بهشتی
author
text
article
2016
per
class="a">International covenant on civil and political rights obliges state parties to take measures to insure and guarantee enjoyment of individuals form the rights envisaged in this treaty. The measures include legal measures such as enactment of appropriate laws and regulations as well as providing mechanisms for remedies and access to courts. In the current legal system of Iran, the Administrative Court of Iran as an organ of the Judiciary exercises some part of such an obligation in Iran. The main question in this regard is that whether this court as the highest administrative and judicial organ has any impact on discharging such international obligations as imposed by the covenant. The paper seeks not only to explore relevance of the court as one of the mechanisms implied by the covenant but also to reveal its role in effective and practical guarantee of the rights as provided for by the covenant. In so doing, first, the role of court in monitoring measures and providing remedies will be dealt with and then practice of the court in protecting most important civil and political rights and its compliance with that of human rights committee will be disscused.Key wordsAdministrative Court of Iran, Covenant on civil and political rights, Accountability, Monitoring, Remedies, Fair trial.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
19
v.
73
no.
2016
227
252
https://lawresearchmagazine.sbu.ac.ir/article_56393_10d8456faec7d04c56668a2cbd019a2e.pdf
1
مسعود
زمانی
دانشگاه ناتینگهام، انگلستان
author
مجید
نیکویی
دانشگاه شهید بهشتی
author
text
article
2016
per
Legal Research Quarterly
Shahid Beheshti University
1024-0772
19
v.
73
no.
2016
253
284
https://lawresearchmagazine.sbu.ac.ir/article_56394_5c52eb3bb4ab2b437af2edea7f38cc14.pdf