Journal of
Legal Research
Number 3
Vol. II No. 1
Spring – Summer 2003
Managing Editor: Vahid Eshtiagh
Editor-in-Chief: Seyyed Ghasem Zamani
Contents
Articles
Extra-territorial Jurisdiction of Iranian Courts to Crimes of Governmental Officers and Employees
Ali Khaleghi (Ph.D.)
Reflections on Iranian Claims in the International Court of Justice
S. Jamal Seifi (Ph.D.)
Challenges of State Criminal Responsibility in the View of International Law Commission
Mohsen Abdollahi
Electronic Commerce and Issue of Forum
Michael Chissick; Trans. by Research Group of Private Law
Legal Act in View of an Internationalist
Jean-Paul JacquÅ; Trans. & Res. by Naser Ali Mansourian (Ph.D.)
Special Issue: Legal Protection of Copyright
Relationship between Intellectual Works and their Owners in Islamic Law
Mohsen Esmaili (Ph.D.)
Copyright and Related Rights in the Agreement on Trade Related Aspects of Intellectual Property Rights
Maryam Amuzgar
The Impact of Digital Technology on Copyright
Gillian Davies; Trans. by Research Group of Public and International Law
Fair Use of Another’s Work: An Important Exception to Copyright
Abbas Imani
Penal Protection of Literal and Artistic Property in the French Law
Wilfrid Jeandidier; Trans. & Res. by Research Group of Criminal Law and Criminology
International Jurisdiction and Recognition and Enforcement of Foreign Judgments in Intellectual Property Cases
M.G.T. Driessen; Trans. by Bagher Ansari
Critique and Presentation
European Police Office (Europol)
Ali Khaleghi (Ph.D.)
World Health Organization’s Framework Convention for Tobacco Control (2003)
S. Ghasem Zamani (Ph.D.)
articles
Extra-territorial Jurisdiction of Iranian Courts to Crimes of
Governmental Officers and Employees
Ali Khaleghi (Ph.D.)
Abstract:
The Iranian courts are exceptionally entitled to try the offenses committed
abroad by governmental officers and employees. This jurisdiction is based
on the principle of personality. It sometimes also requires the respect of
the principle of double criminality. Examining the conditions of the
jurisdiction of iranian courts in this matter, this article tends to evaluate
its foundation and necessity.
Reflections on the Iranian Claims in the
International Court of Justice
S. Jamal Seifi (Ph.D.)
Abstract:
During its judicial functions, the International Court of Justice has tried
four cases in which the Government of Iran has been involved. In two
cases against the United States, the Iranian Government has been
applicant and it has been respondent in the rest. The Iranian approach to
International Court of Justice deserves to be examined.
Challenges of State Criminal Responsibility in View of
International Law Commission
Mohsen Abdollahi
Abstract:
By inserting the clause of “international crime of State” in the draft articles
on state responsibility in 1976, the International Law Commission has
insisted on one point: the international community has achieved an
established hierarchy in international obligations. As a result, this
approves the difference between the civil and criminal responsibility of
States in international Law. However, the later evolutions, specially
removal of the idea of criminal responsibility of States from this draft,
shows the long way to the establishment of criminal responsibility of States
in international law.
Electronic Commerce and Issue of Forum
Michael Chissick; Trans. by Research Group of Private Law
Abstract:
New information technology has developed the means for announcement
of intention as the basis of contracts. Internet has expedited and facilitated
the international trade of goods and services. Many measures has been
taken in order to regulating the electronic commerce in national and
international sphere. However, the issue of forum is one of the most
important aspects in contractual and non-contractual disputes relating to
electronic commerce.
Legal Act in View of an Internationalist
Jean-Paul JacquÅ; Trans. & Res. by Naser Ali Mansourian (Ph.D.)
Abstract:
As an act creating rights and duties, legal act is one of the fundamental
notions in all legal branches. Legal act is faced with further complications
in international law, since it covers whole activities of international
organizations and as a tool for announcing of will of states.
In view of an internationalist and according to many rules and
principles such as jus cogens, good faith and estoppel, legal acts include
bilateral and multilateral conventions, resolutions and decisions of
international organizations and etc. The legal acts obligate the concerned
states and organizations.
Relationship between Intellectual Works and their Owners in
Islamic Law
Mohsen Esmaili (Ph.D.)
The protection of owners of literal, industrial and commercial works has
become a necessity. All legal systems have accepted this essential issue. In
this article, legal nature of the relation between copyrights owners and
their works has been studied in islamic law.
Copyright and Related Rights in the Agreement on Trade
Related Aspects of Intellectual Property Rights
Maryam Amuzgar
New communication and information technologies have increased the
commercial aspects of copyrighted works. World Trade Organization,
therefore granted a salient place to intellectual property in agreement on
trade related aspects of intellectual property rights.
The Impact of Digital Technology on Copyright
Gillian Davies; Trans. by Research Group of Public and International Law
Digital technology has transformed the marketplace for copyright
protected works. Text, music and images are reduced to digital data which
can be transmitted in digital form at high speed throughout the world. At
the same time, commercial piracy and copying for private use have been
ever more difficult to control. National and international forum, therefore
have developed legal and technical protection measures of copyright.
Fair Use of Another’s Work: An Important
Exception to Copyright
Abbas Imani
The respect of copyright is not intended to disregard public interests. In
their laws and regulations many countries have recognised the fair use of
copyrighted works. These legal systems have tried to raise a due balance
between public and private aspects of copyrighted works.
Penal Protection of Literal and Artistic Property
in the French Law
Wilfrid Jeandidier; Trans. & Res. by Reserch Group of Criminal Law and Criminology
Protected by the intellectual property Code, literal and artistic works are
largely covered by a penal protection in French law. This article describes
the constituent elements of immitation in this matter and its sanction.
International Jurisdiction, Recognition and Enforcement of
Foreign Judgments in International Property Cases
Marieke Germa Tonny Driessen; Trans. by Bagher Ansari
Due to presence of a foreign element, many contracts and torts relating to
intellectual property law have an extra-national character. As a result, it’s
difficult to determine the judicial authority trying the cases in this matter.
Morever, the recognition and enforcement of foreign judgments have often
posed many problemes. This article tends to show that how the
international conventions brought an efficient protection to intellectual
property law by harmonizing the national law systemes.
