International
Studies Journal Vol. 3, No. 11, Winter 2007 Abstracts
International Humanitarian Law and the Laws of War: Kashmir
Dr. Mehdi Zakerian & Negin Sobhani
11 Int'l Stud. J. 1
The Kashmir conflict provides a rich history plagued by war, destruction, armed conflict, and violations of IHL in both Pakistan and India. The extensive and complicated background of the conflict provides information on the dedication of various groups working to document and curb the violations of IHL in the region. A debate on the international or non-international nature of the conflict must be based on the actions and statements of the nations, their involvement and cooperation with the ICRC and the precedent of international cases help to clear some of the confusion. A brief look into the most basic protections of Common Article 3 of the four Geneva Conventions and qualification of armed groups as combatants provides ample evidence of violations. In the end, only with a renewal of commitment to IHL and international accountability may the parties attempt to replace tension with a just solution to the age-old conflict.
One Step Forward, Two Step Backwards: Addressing Objections to the ICC’s Prescriptive and Adjudicative Powers
Nema Milaninia
11 Int'l Stud. J. 31
The International Criminal Court (“ICC”) was founded on the principle that individuals who commit the most heinous crimes must be brought to justice and be held accountable to their crimes. However, the ICC is a treaty-based court and restricted by the normative elements in treaty-law including customary rules of international law prohibiting treaties from modifying the rights of third parties, the principle of pacta tertiis nec nocent prosunt. Increasingly, the Bush administration and other non-parties to the Rome Statute have invoked this principle to object to the prescriptive and adjudicative powers of the ICC. This paper evaluates the jurisdictional bases of international criminal law in order to evaluate the validity of these objections. This paper describes the principle and evaluates whether in fact the Rome Statute modifies the rights of non-party states. Assuming that the principle does apply, this paper then evaluates whether there is an exception to the pacta tertiis principle. This paper concludes that no state has exclusive jurisdiction over non-party nationals and that, in fact, the pacta tertiis principle is not invoked by the ICC’s exercise of jurisdiction over non-party nationals. Even were it to apply, the ICC’s jurisdictional bases reflect current norms of customary international law and are thus exceptions to the pacta tertiis principle.
Globalization and the Universality of Human Rights: A Critical Glance over the Western Approach
Mostafa Alaei
11 Int'l Stud. J. 81
The universality of human rights is perhaps the most critical dimension of the issue in the past sixty years. On the other hand, the process of globalization has brought with it opportunities as well as threats to the promotion and protection of human rights. Spreading poverty and underdevelopment, large scale migration and refugee flows, escalation of internal conflicts and the flows of internally displaced, HIV pandemics and terrorism are among the most pressing threats against the universality of human rights. The menaces against human rights, however, dose not exhaust with the above mentioned phenomena. Other factors such as the western attitudes consolidated by their benefit from the opportunities presented by the process of globalization, giving them the lion share of it in the form of cumulative wealth and power are also responsible for the ever increasing erosion of the universality of human rights worldwide. To preserve their supremacy and domination in the world and to strengthen their global economic and political power, they do not spare any effort including subordinating universal human rights to the variety of illegitimate considerations. This brief article seeks to summarize these considerations into three categories.
The first is the “security considerations” particularly after the September 11th advanced by the western countries in the name “combating against terrorism”. The second is the “political considerations” shaped by the mere inclusion of human rights within the Foreign and Security Policy in the western countries. It is within this policy that the western countries are obliged to adjust the protection of human rights with other interests in their foreign policy. The last but not least is the disregard of “cultural diversity” in the world in general and in the western countries in particular in a bid to realize cultural conformity and to defend their political ideologies. The article finally maintains that the actual outcome of these self-centered considerations, arising from the negative side of globalization, is the erosion of the universal human rights worldwide.
Mob Politcs and Political Racketeering
Dr. Abolghasem Taheri
11 Int'l Stud. J. 99
This article is intended to provide an introduction to the studey of the main areas of the organized crime topics relating to racketeering, racketeers and mob politics. In this paper the anthor will look at the political economic and social deadlock prevalent in a society which leds to confiscation of power and under-development. This study also raises questions regarding, mobsters active in the political racketse careful to cultivate political connections and their viciously divisive effects on economy, immigration, poverty, etc.
The Callenge between French Justic and American Economy
Dr. Hossein Daheshyar
11 Int'l Stud. J. 131
French students, workers and public opinion protest over new Labour Law and the Mr. Dominique de Villepin performance as a complete U-turn on this controverial law has turned into a symbolic event of high significance. The protests became a challenge to a certain model of capitalist economy that a large part if not most of french society regards as a danger to national standards of justice or equality, (that radical notion wich is the central value in france republican motto). After all, the revolts send messages. The message resembles the two different philosophical approaches: Egalitarianism and Progressivism. The writer suggests a larger explanation for the matter and that is France reacts to political and social forces before anyone else and knows that continuing expansion and market Liberalization are essential, indeed inevitable. Similarly, the unrest and reform in France can be interpreted as a signal of using the most important element in the new model of market economics which is competition rule alongside with efficiency.
Islamism and the Global Trend of Democratization
Dr. Sayed Abdulamir Nabavi
11 Int'l Stud. J. 145
The end of the Cold War and the intensified worldwide trend of democratization have transformed the grounds for political and social activities in the Middle East like other regions of the world. The current of Islamism has been unquestionably affected by this environmental change. Focusing on changes in political Islam in Egypt, this article seeks an answer to the question what impact the current of Islamism has received from the rise of a strong alternative rival over the past quarter century, i.e. democratic values. The author tests the hypothesis that with the growing popularity of democratic values in the Middle East arising from the global trend of democratization, political minimalists (moderate Islamists) have attracted further public attention. The maximalists (radicals) have also divided into two groups: most of them have left violent means and act like political minimalists, and a minority, which insists on continuing previous militant ways, has been sidelined. In order to test the hypothesis, the author examines changes in statements and deeds within elements of Islamists as well as the occurrence of schisms in the 1990s.
Systematic Approach through International Law
Farid Azadbakht
11 Int'l Stud. J. 179
The theoretical innovations leading to new ways of thinking about new areas of international affairs is increasingly needed in a field such as international law that has driven to great degress of both specialization and fragmentation. To elucidate the theoretical underpinnings of contemporary scholarship through recourse to the methods employed by various theories the author has decided upon one method for appraisal: Systematic Approach. This idea of method which he adopts for this article is the application of a conceptual apparatus or framework to the concrete problems faced in the international community and on its relevance for lawyers and legal scholars facing contemporary issues. According to him, this approach assumes that International Law is a unified system of norms, institutions, mechanisms and regimes.
Recognition and Engagement to Civil and Political Rights for Iranian Youth Gernerations
Jaffar Satvati
11 Int'l Stud. J. 225
The latest researches and studies on youth affairs, totally affirm this reality that the youth question has a multidisciplinary identity in research and a cross-sectoral identity in the government administration. As the same, a question such as youth rights has a significant conceptual and operational relation with the other related issues. This article, by accepting these assumptions, attempts to discuss on the interrelation between the question of youth civil & political rights and the complicated question of Development. In this study, which is categorized in two national and international analysis levels, two main models, namely the model of “Grass-root Pressure” and “Authorities Will” have been recognized in national attentions to the youth rights. Regarding the international level, three main approaches to the youth rights, namely the Protective-Welfare, Human Rights, and Developmentalist have been discussed and analyzed. The case of youth civil & political rights in Islamic republic of Iran, and the dominant model in this case is another discussed point.
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