The Confrontation between the Right to Privacy and National Security against Cyber Terrorism
Younes
Fathi
Assistant Professor at Literature and Humanities Faculty of Bu-Ali Sina University
author
Kheirollah
Shahmoradi
M.A in Criminal Law and Criminology at Qom University
author
text
article
2017
per
National security and the attempts for substantiating and protecting it, are of the main tasks in any political system. However, terrorism, as one of the most serious threats to the security of any political system, has evolved from its traditional form with the help of technological advances in recent decades and found a new place in cyberspace that comparing to its previous form, it becomes even more advanced and dangerous. In fact, terrorism, in its new place and form, has increasingly put the security of countries at risk. National security may be protected by such measures as punishment of the terrorists and/or implementation of crime prevention policies, but, measures taken for protecting security may conflict with the right to privacy in some cases. Thus, such conflict has raised a question regarding which one is prior to the other and therefore, should be put first. This article seeks to answer such question.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
17
v.
91
no.
2017
1
24
https://www.ghazavat.org/article_178160_59843ff2b1becf9ed01e8c911fbf857d.pdf
Study of the Criminological Dimensions of Transgenic Materials, from the Green Criminology Perspective
GholamReza
Chah Abi
Ph.D Student of Criminal Law and Criminology at Central Tehran Branch of Islamic Azad University
author
Hamidreza
Gorjifard
M.A In Environmental Law of Shahid Beheshti University
author
text
article
2017
per
The advancement of science in various fields has opened new vistas to societies, which have come about in various areas of human life with positive and also negative effects. Creation of transgenic materials, as a branch of biotechnology for strengthening plants, food and livestock against pests, among other usages, is considered an important innovation in the field of genetics. Although, this technology has had a tremendous effect on quantities of products, the consequences of its consumption have created deep concerns; so that, some biologists have given serious warnings about the excessive consumption of such products. Along with this, given that agricultural biotechnology is exclusively in the hands of several transnational corporations, the huge profitability of selling these products in global markets has created a chain of criminal behavior in this area. These criminal behaviors have emerged in an interconnected network of interactions between governments and these companies. The question that has always been raised by some criminologists in this area is that how to criminalize the damage caused by the production of transgenic materials? In response to this question, criminologists have tried to explain and substantiate the issue by utilizing new approaches of green criminology to emphasize on the criminality of transgenic products.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
17
v.
91
no.
2017
25
59
https://www.ghazavat.org/article_178161_d94cc1f0512f046cf7954a1105fc914f.pdf
Unfair Term in Morality, Law and Islamic Jurisprudence
Masoud
Amani
Ph.D in Private Law of Imam Sadiq University
author
Mohammad Mahdi
Hassani
Ph.D Student of Private Law at Shahid Beheshti University
author
text
article
2017
per
Any condition being forced by stronger party of a contract to weak one which inevitably accepted relying on the authority of such stronger party, may be called an "Unfair Term". Although, typically, parties conclude a contract based on "the principle of autonomy of volition (will authority)" but absolute acceptance of such principle is not compatible with some objectivities nowadays. Thus, as a way of supporting vulnerable sectors of society, legal systems prevent abuse of great economy powers, and establish justice in society by intercepting such kind of conditions. Despite the necessity and importance of legislation, in Iran legal system, a general principle for treating unfair terms has not been formed yet but encountering of Iranian legislator with such terms in miscellaneous rules is worthy to be analysed and evaluated. Like, perhaps, any other civil law system, under Iran legal system, the bases for attacking unfair terms may be found within the context of limitation or exclusion of liability clauses and also general principles of contracts under the subjects of "consent" as well as the "purpose of transactions". Furthermore, judicial precedent may be able to support weak parties of contracts by generalization of what have been regulated for specific subjects regarding unfair terms to contracts in general. Despite all new conceptualization of this term, some clues of acceptance of it may be found in writings of Islamic Jurisprudents. Topics like "urgency to deal, forgiveness of lucre, satisfaction of transitions, counterparty deals, hardship in contracts" and what is known by jurisprudents as "equality in contract" may be helpful to achieve the jurisprudential basis for unfair term..
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
17
v.
91
no.
2017
61
88
https://www.ghazavat.org/article_178163_e30a454e5685c6b54fad033b5054b5df.pdf
Analytical Review of Public Order under Iran legal System
Faeghe
Chalabi
Ph.D Student of Public Law at Tabriz University
author
Morteza
Ghasem Abadi
Ph.D Student of Public Law at Tehran University
author
Kamal
Aghapour
Ph.D Student of Private Law at South Tehran Branch of Payame Noor University & lecturer at Payame Noor University
author
text
article
2017
per
Public order is one of the most important principles of public law that has challenging and controversial concept due to numerous definitions, different inferences, and the structure of existing societies. Therefore, speaking of place-based and time-based public order concept may not be considered as inadequate. In addition, for defining the concept of public order, the structure of legal systems and the impacts of religious and ethnical viewpoints on such systems are also very important. Therefore, public order in a country like Iran, with a system that standards of religion and Islam are part of legislation, would have a different concrete appearance in such a way that issues like Islam standards, public interest and public benefit may be used as interpretations of public order against rights and freedoms of citizens. Therefore, this article seeks to analyze the status of public order under Iran Legal System.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
17
v.
91
no.
2017
89
120
https://www.ghazavat.org/article_178164_924e1465f29bae8d4133d4375f2fda3b.pdf
Genocide, as a Crime against Humanity
amir
biparva
Ph.D in international public law of Imam Reza International University and lecturer at Judicial Sciences and Administrative Services University
author
text
article
2017
per
Genocide is recognized as an international crime, prohibition of which, is accepted as jus cognes by international law. Genocide is deliberate killing of a large group of people, especially those of a particular nation or ethnic group. Such crime is in obvious contrast with most fundamental human right, namely, “the right to life” which works as a base for other human rights. Genocide is committed with the intention of destroying whole or part of national, religious or racial groups. Therefore, genocide is not only a crime against the right to life but also a crime against human rights. Genocide by abusing the right to life, either directly or indirectly, violates other human rights. Inhuman nature of genocide puts it against human rights, thus, from international law perspective, prohibition of it as jus cogens is a necessity for protecting human rights in general and, right to life, in particular, and also it works as guarantee of human dignity and world peace and security.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
17
v.
91
no.
2017
121
134
https://www.ghazavat.org/article_178165_954388721f16c69eb532c2a89cdf37a1.pdf
The Position of the Victim in the Statute of the International Criminal Court (ICC)
Heybatollah
Najandimanesh
Assistant Professor of Faculty of Law and Political Sciences at Allameh Tabataba`i University
author
Shahriar
Amouzegar
Ph.D Student of international public law at Allameh Tabatabai University
author
text
article
2017
per
Since the end of the twentieth century, the protection of victims in the international system, in the forms of supporting victims movements, conventions and other international instruments has been seriously addressed by the international community. The Statute of the International Criminal Court provides significant provisions on the protection of victims and survivors of international crimes and, in some cases, it has been reformed and has given a high status to the victim in the process of international criminal justice. The protection and suport of victims and witnesses, the opportiunity of victim participation in the process of prosecution, the granting of special representation to the victims and compensation of victims of international crimes under the jurisdiction of the Tribunal, are among the cases neglected in previous international criminal tribunals. The concept of the victim in the documents of the International Criminal Court is wider than the definitions given in the past, and in addition to the tacit identification of indirect victims, with the admission of legal persons as victim, its scope has been expanded for the benefit of the victims. International Criminal Tribunal's provisions regarding the protection, participation and compensation of victims are a significant evolution in international criminal law.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
17
v.
91
no.
2017
135
161
https://www.ghazavat.org/article_178185_2e80b5a814fdd7073c4859857ae7a448.pdf
What Makes a Good Judge; Judicial Ethics and Professional Conduct
Mahdi
Naseri DowlatAbadi
Ph.D Student of Private Law at University of justice
author
Mustafa
Saburi
Ph.D Student of International Relations at Tehran University
author
text
article
2017
per
Disambiguation and shedding light on the judicial qualities and virtues of good judges would affect the judges who lack these qualities and virtues in the process of ongoing learning and emulation. Eventually, continuous expanding of this process will increase believes and trusts of public to a judicial system. For this reason, this article from a historical and comparative perspective explains judicial virtues in the past eras, various legal cultures and different scientific theories. Furthermore, in summary, the present study addresses judges ‘role in Europe based on current development in this continent such as the globalization of law and the importance of the Human Rights Declaration. In addition, this study identifies virtues and skills of the good judges conducting a survey of employed judges, trainee judges and graduate applicants attending the test of judgment In conclusion, it is argued that a good judge depicted the high values of Independence and impartiality, Trustworthiness and morality.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
17
v.
91
no.
2017
163
190
https://www.ghazavat.org/article_178186_7d5522d1e14b2a65f8475146bd63ac72.pdf