Journal of
Legal Research
Number 1
Volume I, Number 1
Spring – summer 2002
Managing Editor: Vahid Eshtiagh
Editor-in-Chief: Seyyed Ghasem Zamani
Contents
Articles
The Commercial Code of Iran and Necessity of its Amendment
Research Group of Private Law
Development of International Responsibility in Shadow of International Environment Law
Seyed Ghasem Zamani, Ph.D.
Reflections on Legal Place of the Supreme Administrative Council and Hierarchy its Sanctiond Regulations
Mohammad Sharif
Abusive Clauses in General Rules of Contracts
Abbas Karimi, Ph.D.
International Law and Politics
Werner Levi (Prof), Translated by Research Group of Public & International Law
Special Issue: Press Law
Press Crimes (Around-table)
Profs: Abolghasem Gorji, Kazem Motamednejad, Mohmmad Ali Ardebili
Legal Limits of Liberty of Press in USA during of War
Vahid Eshtiagh, Ph.D.
The Civil and Criminal Liability Regime of Press in French Law
Emmanuel Derieux, Translated by Research Group of Criminal Law & Criminology
The Press Complaints Procedure in the British Law
Ghasem Mohammadi
Report
The First Conference on Teaching & Researching International Law in Asia
Seyed Ghasem Zamani, Ph.D.
articles
The Commercial Code of Iran and Necessity of its Amendment
Research Group of Private Law
Abstract:
Commercial intercourses have been changed and transformed so rapidly,
which trade laws and regulations can hardly be compared with its necessities.
Many countries, although, in reasonable time amended their previous
commercial laws for facilitating, acceleration and security of trade relations,
but Iranin legislature has been very late and slow in transparaencing and up to
dating the commercial code of the country.
Iran is deferred from national and international commercial developments,
consequently.
In this article, while considering developments of commercial codes of
some countries, it has been established by emphasizing on some special issues,
that making apparent of ambiguous points and gaps in the Iran’s commercial
laws are significant which should be made through exact and detailed studies.
Perhaps then it will be possible some amendments in Iran’s commercial law.
Development of International Responsibility in Shadow of International Environment Law
Seyed Ghasem Zamani, Ph.D.
Abstract:
One of the causes of development for legal rules is confronting with
hazardous which endanger safety of human environment and consequently its
life. International environment law although has a very short time old, and
constitute as a young branch of International Law, but it has been able
confronting to serious challenges of many branches of international legal
system such as Human Rights and International Economic Law.
International Environment Law, it appears, has had an essential role in
developing the Law of international responsibility. Propourding titles i.e.
objective liability, liability arising out of non-prohibited acts in international
law and etc., have been to some extent stemming from traces of International
Environment Law on the system of international responsibility.
Reflections on Legal Place of the Supreme Administrative Council and Hierarchy its Sanctiond Regulations
Mohammad Sharif
Abstract:
About insert of establishment of the supreme administrative council in
paragraph 31 of the second program code for development (1994) and
confirmation its sanctioned regulations by President of Iran, it was been
propounded some importants questions: What is legal place of the supreme
administrative council? Do approved regulations of the council can derogate
approvals of the Parliament of Iran? and… .
Abusive Clauses in General Rules of Contracts
Abbas Karimi, Ph.D.
Abstract:
No legal system can rely on realization of equity in contractual relations,
solely by resorting to principle of Freedom of Contract. Many persons may
impose their conditions to another party (or parties) of the contract.
Interfering of French and European Community authorities is such injustice
relations have been discussed in this article.
International Law and Politics
Werner Levi (Prof), Translated by Research Group of Public & International Law
Abstract:
In relationship between international law and politics, no one can deny their
corresponding traces on all together. In fact we should not be dazzled to
settlement of international law in international system and assimilate
international society as an utopian community which is lack of any oppression
and injustice. On the other hand anyone can’t regard international relations in
limit of power, and considering international law as a trifle.
This article has discussed the inter-relationship between international law
and politics in different contextes.
Special Issue: Press Law
Press Crimes (Around-table)
Profs: Abolghasem Gorji, Kazem Motamednejad, Mohmmad Ali Ardebili
Abstract:
In this around-table following subjects has been discussed in the context of
Iran’s laws and some other countries:
Definition of press crime; Factors of press crime; Reasons for distinction
between press crime and other crimes; Advantages and immunities of press
crimes; Trial of press crimes; … .
Legal Limits of Liberty of Press in USA during of War
Vahid Eshtiagh, Ph.D.
Abstract:
Many countries and inter alia, USA because of security and military reasons
have limited freedom of reporters for attendance in region of armed conflicts
and reportion of facts to people in time of war.
USA has applied widespread censorship against press in the Vietnam War,
aggression to Gerenada and Panama, Second War of Persian Gulf, attach to
Haitti and also recent rushing to Afghanistan. In this article it has been
discussed that how censorship of press has acquired legal authority and
confronted with what practical challenges.
The Civil and Criminal Liability Regime of Press in French Law
Emmanuel Derieux, Translated by Research Group of Criminal Law & Criminology
Abstract:
The freedom of press, although, in France has very stable roots, but for
preserving of public interests and legal rights of persons, it has governed to
many legal limitations. Breach of this limitations can result in civil and
criminal liability.
The Press Complaints Procedure in the British Law
Ghasem Mohammadi
Abstract:
In comparative studies of Press Law, United Kingdom in a distinctive and
important instance. UK as seat of the first modern printed magazine and in
context of political and legal challenges, has given an valuable and innovative
experience in trial of press complaints.
Report
The First Conference on Teaching & Researching International Law in Asia
Seyed Ghasem Zamani, Ph.D.
Abstract:
The first conference on teaching and researching International Law in Asia
has been constituted in 30-31 July 2001 in Singapore. The conference Jointly
organized by Society of International Law Singapore (SILS) and foundation
for Development of International Law in Asia (DILA). In this conference
participated 61 Asia professors and Researchers. In six sessions the following
subjects discussed:
International trends Impacting the teaching and research of1.
International Law in Asia;
Globalization and Capitalism Triumphant: Is the Asia perspective still2.
relevant? What theoretical directions can we take?
Technology, Teaching and Research;3.
Globalization and the Making of Modern International Law: The role of4.
NGOs, secretariats to conventions and International Civil Society;
Developing International Law curricula for the New Asia.5.
The conference ended by Presentation of Reporteur’s and Group Reports,
and an Agenda for Future Action.