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Journal of Legal Research – Number 1

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.

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