Law

Fetal protection is an issue that has been outlined in human societies and it has been considered in many legal systems throughout the world. In Iranian criminal law, fetus has a human personality and is respectable and protective. Any violation from this law is legally forbidden and is considered as a crime because like other human beings, fetus has rights such as rights of living and being healthy. So protection of fetal rights is not limited to support of its life by abortion ban or other practices resulting in life deprivation rather it includes protection of fetus’s health right.

Talking about green criminology essentially means looking at the position of man in relation to his natural environment. Man by virtue of his position is the epitome of creation. Hence been referred to as the inheritor, conquer and vice glance of the earth. In search of better life, man was able to manipulate his natural environment by any means available to him; this has cause a lot of havoc to him, his environment and other living and non-living beings. The methods and means used to explore the environment are seen by many as necessary tools for advancement, this has dated back from the very beginning of man existence on earth surface. However as man continue to advance in his quest and achievements there comes the alarms as to the consequence of this adventure called ‘development”. The price to pay for this development includes the very sacrifice of man’s life, health and that of other living and non-living beings of the natural environment. The critical question here is does this achievements really worth the price? Who are those paying the price? Who benefit from this high price? And could this falls under acts that calls for legal attention and what are the legal remedies put in place to control these acts? Is there other alternative ways to explore nature thereby inflicting less harm? These and many other questions is what this research work seeks to answer.

The United Nations Charter and the actual practice of states in the past years have stressed on the importance of the role of regional organizations in maintaining international peace and security. On the other hand, The United Nations and the Security Council alone cannot deal with international crises. Thus, the cooperation between the United Nations and regional organizations could solve regional and even global crises. Middle East is of strategic importance because of the historical and cultural background and having oil reserves. This area has been the center of major crisis in two the past decades. Experience has shown that the presence of trans-regional powers or building up international coalitions in the absence of regional powers will not help to resolve the crisis in the region. Considering the accepted roles of regional organizations in maintaining international peace and security in the region by the UN Charter, using the potential of regional organizations such as the Cooperation Council for the Arab States of the Gulf, the Arab League, the Organization of Islamic Cooperation seems necessary. However, due to the inefficiency of some of these organizations, the establishment of regional organizations with special competence in the area of peace and security in the Middle East could also be pursued by region countries.

Sex, Gender and Sexual orientation are a deep rooted part of human identity. Unfortunately sexual orientation is not explicitly documented in any international human rights documents and humanitarian laws. Except Heterosexual orientation, no others are in mainstream. Undoubtly Sexual Minority (Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI)) is also part of human community, so as they are entitled to all human rights on an equal basis with others. But homosexuality is punishable in several countries and misleadingly members of sexual minority people considered as homosexuals further Criminals. Extralegal violence and Discrimination against those are also common. Sexual minorities are forced to remain underground. LGBTI individuals are forced to lead lives in secrete. Despite recent steps forward in the recognition of sexual minority’s rights, the persecution of these people because of their sexual orientation and gender identity is going on continuously. Persecution directed against individuals because of their real or presumed sexual orientation is also a humanitarian issue, as is any persecution. Determination of Refugee Claims based on sexual orientation needs special attention. There are legitimate claims for LGBTI people to gain refugee status under the 1951 UN Convention relating to the Status of Refugees (the Geneva Convention”). This Article examines the causes of persecution on the basis of sexual orientation moreover how International Law is embarking upon the problem, most notably the regional legal approach on this issue of persecution, This article suggests that there is a discernible national response in the courts and tribunals of all over world to sexual orientation-based refugee claims.

Nowadays, conducting supervision and inspection to prevent occurrence of crime and to remove its commitment grounds in the society is one of the main criminal policies of the governments which is usually done by governmental and judicial institutions. Planning and creating supervisory and inspective institutions and sanctions can be used to achieve the abovementioned goals. However, the role of people and NGOs in prevention of crime occurrence cannot be ignored; fear of social reactions forces a person to respect the values of the society and avoid norm-breaking. The viewpoint of Islam is using the inspective and supervisory tools with an emphasis on the role of people to obviate the grounds of crime occurrence in society. The rulers of the Islamic societies have practiced fighting against crime with an emphasis on the situational prevention. Moreover, promotion of good and prevention of evil has been an instance of the citizens’ participation in supervising each others’ deeds through recommendation of the admirable actions and prevention of the evil deeds.

Indian criminal courts have always troubled with idea of punishing ‘attempts’ of crime. The troubled water which includes offence and attempt to commit such offence are so inter-woven that any attempt to separate them is not only difficult but also theoretically dangerous. The question of defining attempt is not that simple, particularly offence attempt to commit rape. The limits of theories prescribing explanations for punishing attempts are miserably failed when they are applied on offence of attempt to commit rape. The work is to explore the limits of these theories and how due lack of such theories often blunders are committed by courts including apex court of this country.

Women have certain physiological, mental, sexual and social conditions which expose them against more vulnerability due to criminality. In addition to cultural, social and fundamental initiatives to decrease situations prone to victimization, it is necessary to give importance to a differential penal policy foe combating women victimization inside the family. Present paper only addresses the crimes that are related to family against women. Deceitful in marriage, not registering marriage or divorce event, home violence against women, refusing alimony, marriage with immature girls and so on need a certain penal policy since they relate to family. After mentioning the status quo and the way of criminalization as well as reaction against criminals, the legal and judicial deficiencies and challenges are studied and discussed below. Overall, Iranian Penal Policy has remarkable progressed in supporting women albeit we have not yet seen a total and comprehensive penal support in Iranian laws concerning current legal and judicial system and the procedures related to this field. There are gaps in criminalization and determining the punishments and, despite of the necessity of penal supports for women in families, one should not neglect its negative impacts on family stability and challenges confronting with improper penal supports.

The vision of the administration under Goodluck Jonathan is packaged in Transformation Agenda which is aimed at holistic overhaul of every segment of national life. Members of the legal profession have a critical role to play towards the success of the transformation agenda. However, a lawyer can only be as good as the system of legal education that produced him; hence the need to revive and reposition the legal education framework. The paper discussed the responsibility of academic law libraries in the shaping of legal practitioners and towards the academic community. It x-rayed the challenges facing these libraries and made recommendations for improved law library services in Nigeria.

In year 2012 the dramatic issue of diplomatic asylum has brought it opposed to the sovereignty. First, grant of asylum to the blind Chinese civil rights activist Chen Guangcheng by United States in April 2012 in the United States embassy in Beijing. Thereafter Chen Guangcheng and his family were issued US visa and then they flown to the United States, albeit under protest from the Chinese government. Secondly, in June 2012 Wikileaks founder Julian Assange was granted asylum by the Ecuador in its embassy in London albeit under protest from the UK government. Assange was to extradite by the UK Government to Sweden where he was facing charges of sexual assault. The UK Government warned the Ecuador to decline this diplomatic asylum otherwise they will terminate the status of Ecuador’s embassy in London. These two incidents have necessitated to regulate the grounds, conditions and extend to grant the diplomatic asylum so that it may not run counter to the sovereignty as well as it may not be misused as shelter of fugitives and criminals or oust them from the reach of judicial system. Further, till date there is no international law on the diplomatic asylum to adequately deal with these situations. It has insisted the author to do analytical research deploying doctrinal research methodology applying null hypothesis that there is no such international law which may provide solution on diplomatic asylum particularly when it run counter to the sovereignty. In section 1 diplomatic asylum has been defined, section 2 traces the growth and recognition of diplomatic asylum, section 3 puts light on the legal basis of asylum, section 4 deals the concurrent international law on diplomatic asylum, section 5 is the grey area of diplomatic asylum and section 6 is the summation.

Social security is an important political issue for any country that brings influential and profound political and legal impacts. Its most important political and legal impact is seen in emergencies when social administrators should manage a crisis in terms of their natural duty. To this end, they inevitably choose to limit their citizens’ personal rights. Since paving proper grounds to exercise personal rights, crisis management and national security are, inter alia, the functions of the governments and the guidelines to provide them are contradictory due to their natures, limiting the domination of personal rights is considered as one the most reasonable guidelines to curb existing problems in a political society. The important issue created by the scope of such limitation in personal rights that causes the biggest challenges to the legitimation of such guidelines during emergencies is the principle of no harm and forbidding harms to other people as a proper criterion for governmental discretion scope in exercising the rules of emergency time and in limiting personal rights.