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Journal of Legal Research – Number 18

Journal of Legal Research

 

Number 18

 

Vol. IX No. 2

Autumn 2010 – Winter 2011

CONTENTS

Articles
Reflections on Effective Criminal Convictions and their Consequences
Seyed Mahdi Ahmadi Mousavi
The Right to Defense of Accused in Administrative Contravention Settlement Board
Ahmad Khosravi, Seyed Sajad Kazemi Serkaneh, Mojtaba Naghdi Nejad
Determination of Defendant
Saeed Safian
Legal Analyses of Medical Protections of Social Security Organization
Nasrin Tabatabaie Hesarie
Special Issue: Citizens Right to Healthy Environment: Pollution of Iranian Large Cities
Sustainability of Urban Freight and Decreasing of Air Pollution: Environmental Ideal of Large Cities
Hoorieh Hosseini Akbarnezhad
The Commitment to International Co-operation Countering Haze to Iran
Abdollah Abedini
Deal with Electromagnetic Waves Pollutions in Metropolises
Majid Bakhshi Ganjeh
Tehran Air Pollution and Citizen Rights on Healthy Environment
Seyed Abbas Pour Hashemi (Ph. D.), Lobat Taghavi (Ph. D.), Yalda Khalatbari, Sahar Zareei
The Effect of Intellectual Property Rights System on Metropolis Pollution
Mohsen Sadeghi (Ph. D.), Sadegh Shamshiri
Public Interest Litigation Concerning Environmental Matters before Human Rights Courts and National Courts
Haleh Hosseini Akbarnezhad
The Right To Healthy Environment as a Hostage of Global Warming: Cancun Conference (2010)
Ali Navari
Right to a Healthy Environment in French Legal System
Ali Mashhadi (Ph. D.)
Critique and Presentation
Economic Interest Grouping in the Fifth Development Plan
Saeed Haghani

Articles

Reflections on Effective Criminal Convictions

and their Consequences

Seyed Mahdi Ahmadi Mousavi
Abstract:
This research is about Criminal conviction its consequences. After someone is convicted, he or she must stand the followings: Punishment, legal prohibition and privation of some rights, and punishment change. After the conviction, person gets a bad record, and is considered as someone against the society. Therefore, such a person should stand a kind of punishment. Conviction consequences are consists of social and administrative results. Although conviction consequences very similar, but they have lots of differences.

The Right to Defense of Accused in Administrative Contravention Settlement Board

Ahmad Khosravi
Seyed Sajad Kazemi Serkaneh
Mojtaba Naghdi Nejad
Abstract:
In process of doing public services, there is occurrence of misuse and contravention crime by employee. There are tribunals (references) other than public courts for these contravention settlements, which are out of judiciary within Executive. And in another hand the employee is not in the same level of his office, so it is necessary to have principles of efficient trial over proceeding, till there have not been occurrence of breach of rights, principles like right of defense, right to appeals, right to compensation for miscarriage of justice. These principles in some cases is closed to international criteria but in some cases has been disrespected.
Keywords: Right of defense, Administrative Contravention Settlement Tribunals

 

 

Legal Analyses of Medical Protections

of Social Security Organization

Nasrin Tabatabaie Hesarie
Abstract:
One of short time obligations of social security organization (SSO) is medical service. This obligation is foreseen at article 3 of Iranian social security act. This protection to insured person and his family requires some conditions. Therefore determination of this conditions and nomination of included persons is very important. Especially there are several acts about this issue. Therefore lead to some disputes among the jurists. Medical protections are doing in two methods by S.S.O. (direct or indirect). The important effect of this classification appears in payment of franchise by insured person. Payment of franchise is one of financial resources to medical costs. It is necessary to take note of this fact that S.S.O. is an insurance organization that uses actuary calculations. Therefore financial resources for medical costs are important. Payment of premium is the most important resource of medical cost. After enact of mass insurance of medical services act, there are some ambiguities on replacement of premium with right per capita.
Keywords: included persons of medical protection, direct/ indirect medical services and medical costs

Sustainability of Urban Freight and Decreasing of Air Pollution: Environmental Ideal of Large Cities

Hoorieh Hosseini Akbarnezhad
Abstract:
This Article looks at the way urban goods movements are included in transport policies aimed at improving air quality in large cities. The movement of goods in cities is a major contributor to local emissions caused by mobile sources. It seems that there are few policy innovations in freight issues in cities. Nonetheless, responding to public opinion’ increasing concern over health issues and to European standards for urban air quality, some European cities have started to serve access to city centers to new, ‘clean’ or ‘fully loaded ‘ trucks. By doing so, they have engaged in a more environmentally oriented urban freight strategy.
Keywords: air pollution, environment, urban freight

The Commitment to International Co-operation Countering Haze to Iran

Abdollah Abedini
Abstract:
Approximately in two recent years, importation of haze from Arab neighbor countries to Iran cause to environmental and human problems, so that this phenomenon has largely disturbed routine affaires of peoples and government in many of provinces such as Khuzestan, Elam as well as Kermanshah. It has been said this problem comes from human interferences including farming in dry weather, industrial and agricultural wastes, pollution, dam, fire of the peat fields and smoke produced by forest fires. So, it is an international problem. Some states, for example, in South Asia and North America regions, have concluded agreements concerning air pollution specially haze one. Regarding to difficulties arising from this phenomenon in our country, it is necessary to conclude an agreement within commitment to co-operation countering haze and its effects that this process is in progress.
Keywords: Air pollution- Haze- Environment Law- Commitment to Co-operation- Iran- Good-neighborliness

Deal with Electromagnetic Waves Pollutions

in Metropolises

Majid Bakhshi Ganjeh
Abstract:
New Achievements of Technology Age went on Borders Faster of What Was thought and Affected All Dignities of Human life by His broad dimensions. Contemporary supernatural Through his new Industrial productions Found Strong dependence to electromagnetic energy ،and Intrinsic value of These energy and its Unique role in Realization of Sustainable Development Goals Accelerated the growing Process of Use of electromagnetic waves spectrum .Nevertheless the Recent findings of Medical researches detected Many Ambiguities About Effects of Extensive use of these waves On human Health. In this respect it is necessary to review and reform and regulated use of these waves in metropolis.
In this context right to health and right to clean environment are key elements that should be consider alongside the increasing development of activities and Equipments based on Application of these waves.
Keywords: Right to health – Right to clean environment – Pollution- Electromagnetic waves – Environmental effects assessment

Tehran Air Pollution

and Citizen Rights on Healthy Environment

Seyed Abbas Pour Hashemi (Ph. D.)
Lobat Taghavi (Ph. D.)
Yalda Khalatbari – Sahar Zareee
Abstract:
Air Is Supposed As A Necessary Element For Living On The Earth So That The Life Of All Creatures Will Stop Without It; We Shall, Therefore, Preserve Its Quality. Technology Growth And Urbanization Themselves Have Caused Great Pollution In The Air And For Their Damages To People Health And Environment, Made The Authorities To Adopt Measures And Arrangements To Prevent Air Pollution And Environmental Degradation. So, Enjoying A Safe Environment Without Any Pollution For The Citizens Is Being Considered As A Partial Contribution Of The Civil Rights And Is Emphasized In Many Internal And International Instruments. In This Regard, Air Pollution Of Tehran And Lack Of Control And Severe Supervision Is Being Considered As Violation Of Tehran Civil Rights. This Paper Deals With The Rights Of Citizens On Safe Environment Considering Tehran Air Pollution. Also, Besides The Current Pollution Of Tehran Air, Citizens Rights On Safe Environment Is Being Evaluated In Respect of National Law And International Environmental Law.
Keywords: Pollution, Tehran air pollution, civil rights, the rights on safe environment, national law, international law, international environmental law.

The Effect of Intellectual Property Rights System

on Metropolis Pollution

Mohsen Sadeghi (Ph. D.)
Sadegh Shamshiri
Abstract:
Although industrialization of societies has have advantages, it has have many challenges such as pollution of metropolis. Policy-makers of different countries have been identifying the factors causing pollution in order to decrease it at national and international levels. Intellectual property rights (IPRs) have positive and negative effects on metropolis pollution because they cause reduction or aggregative of pollution; thus in 2009, WIPO new Secretary-General emphasized on challenges between IPRs and pollution. In spite of this importance, Iranian legal literature has not paid attention to this issue; therefore, this article tries to consider the mentioned challenge. It constitutes two main sections: the first section surveys connection between IPRs and metropolis pollution; and second section considers instances of effects of IPRs on pollution by analytical and comparative approach. Finally, it suggests practical remarks to Iranian legislator, policy-makers and executives in the field of IPRs.
Keywords: Pollution of Metropolis, Intellectual Property Rights, Patent, Reductive Effect, Aggregative Effect, Policy-Making.

Public Interest Litigation Concerning Environmental Matters before Human Rights Courts and National Courts

Haleh Hosseini Akbarnezhad
Abstract:
This article analysis the current state of environmental public interest litigation before the three regional human rights bodies of Europe, America and Africa in the light of their constituting treaties and case law and in practice of the national courts. It also assesses the chances of reform to broader access to justice in environmental matters in the European human rights system. It argues that, although national and international jurisdictions generally point towards broader access to justice, the legal systems currently employed by the European and Inter-American human rights institutions are not apt for a concept of public interest litigation.
Keywords: public interest litigation, European Court of Human Rights, African Commission on Human Rights, Inter-American Court of Human Rights

 

 

The Right to Healthy Environment as a Hostage

of Global Warming: Cancun Conference (2010)

Ali Navari
Abstract:
The right to healthy environment is indispensable for leading a life with human dignity. It is a prerequisite for the realization and enjoyment of other human rights. Global warming that will create many Dangerous consequences for environment, and consider an essential threat for right to healthy environment, reveals necessity of take appropriate measures to protect this right. In this regard, the international society has tried to develop rules and establish various international conferences for combating to this phenomenon, after awareness of damaging effects of earth global warming. In Cancun conference that was held in Mexico in 2010, states tried to take another forward step for protect and support from human right to healthy environment, with ratification Cancun agreements. Nevertheless, it seems that it is necessary to take effective measures and all states shall be bound that do not make unfavorable change for proper life conditions in environment by their measures.
Keywords: Cancun Conference, Global Warming, Greenhouse Gases, the Right to Healthy Environment, Cancun Agreements

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