Law

Mandatory rules denote those rules of law that parties cannot derogate from. These are rules which in appropriate cases supersede the proper law with the result that their provisions, override the will of the parties. It does not matter whether the applicable law is ascertained by reference to an express stipulation or by reference to the forum with the closest connection. It typically regulate matters in which the “interest of the state is too important for them to be in competition with foreign laws” or the will of the parties and it includes those aspects of public policy, which because they reflect the basic social and economic philosophy of a state, are framed in an imperative manner. These include currency and exchange regulations, boycotts and blockades, competition, and environmental protection laws. One of the limitations on party autonomy within a national legal system is that overriding laws of the forum may override the law chosen by the parties. Freedom of choice (autonomy of will) is a general principle of private international law and is to be respected in principle, it should operate within the limits imposed by such other equally important general principles of law or subject to any restraints of public policy. The theory of delocalization is a mode of detaching international commercial arbitration from legal system of the forum. One main purpose of delocalization is to eliminate the unintended effects of certain arbitration tribunal conducting arbitration seized with hostile features of the law of the place where the arbitration is held. Therefore armed with an arbitral power to make interim award basically for protection and preservation of the res, pending the final award. In Nigeria delocalized arbitral award can be refused on the grounds of non-compliance with the mandatory rules and public policy by the arbitral tribunal. The Arbitration and Conciliation Act

The growth of the internet has created numerous opportunities for Kenyans. The last quarter of 2016/2017 financial year, 11.9 million people had access to high-speed internet. Kenya lacks a proper legislative framework to protect the internet consumers from cybercriminals and crypto-anarchists. Kenya is also yet to implement the African Union Convention on Cybercrime and Data protection. The law enforcement agencies in Kenya have struggled to keep up with the policing demands of the digital era. The Kenyan Cybercrime Investigators usually face a steep learning curve because hackers are usually discovering ways to carry out their attacks with little or no detection. The anonymity of the internet spurred by the existence of programs such as the tor browser and tails operating system make it difficult for the law enforcement agencies to enforce the law in Kenya. The lack of a comprehensive legislation on cybercrime creates Nullum crimen disparities that hinder the cross-border investigations of cybercrime. Cybercrime-investigators in Kenya have only been able to successfully prosecute the hybrid cybercrimes that involve traditional offences aided by the use of ICT. Cybercriminals operate with impunity in the Kenyan cyberspace because of the limited expertise and low funding of the Cybercrime Unit in Kenya. The windows OS handicap coupled with jurisdictional barriers, encryption, obfuscation and high evidential threshold in admitting electronic evidence, have led to very low conviction rates of cybercrime offenders in Kenya.

The right to defend is one of the most sacred rights of human which guarantees rights and freedoms of individuals. In fact, recognition of the right to defend for society members against infringing their rights and freedoms is very necessary. Because the right to defend in its deep and expanded concept means "applying the reasoning ability and power of words by using legal instruments to eliminate attributed accusation in the presence of the judicial authorities". Maintaining social order and defending the society rights is limited and balanced with protecting the rights of the accused ,so the defense of the interests of society shouldn't be led to ignorance of the rights of the accused. When a person is charged with a crime, he is in danger of being deprived of freedom and he may sustain other prohibitions . Nowadays the defense rights of accused are one of the important principles of fair trial, as well as, in international and regional documents the rules and regulations of the country are considered and supported. This right has also been taken into consideration in Iranian laws and the charter of International Criminal Court . Therefore, this study includes studying the defense right of the accused in system of criminal justice in Iran and the International Criminal Court. In this study the needed data is collected by using documentary processes and scientific resources .The results of this study show that in criminal justice system and criminal courts in Iran, the cases of right to compensate the losses of illegal arrestment , right to enjoy adequate time and facilities to prepare the defense, right to be informed the charges, the right to have interpreter, the presumption of innocence, the right to defend personally or through an attorney, investigator 's avoidance of compulsory confessions have been considered.

Developed countries apply some controls directly to protect national security, concerning persons` or certain countries` access to specified technologiesSimilarly, they apply indirect supervision on the types, amount and channels of technology transfer to certain countries through currency exchange regulations, taxation and foreign investment. Developing countries also keep technology turn under their own control in order to ensure that technology transfer contracts and the economic objectives and policies of the government are consistent. In technology-transfer contracts (license contract), one type of various intellectual property rights is transferred The exclusivity of intellectual property rights is one of the most striking examples of exclusivity which is granted to special people and for certain period; so that in the certain period, they themselves, or their own selected people or their representatives benefit from the issue of intellectual property . The reason why these exclusive rights are granted is that the issues of the rights are used by the common people without special protection (patents). The variety of intellectual products and their utilizations in diverse fields of industry, commerce, science, literature and art have made such issues important. Hence, demand for these products either from the government or private sectors always exists. The owners of intellectual property market their products due to such requests and also to observe their own investment, therefore, obtain incentives for more activities and innovation in today`s knowledge-based economy (in which just those societies are successful that own high creativity and technical ability for their consumers` welfare). Accordingly, either they themselves use them or totally transfer them to another person or sometimes (with preserving their property on such rights) they give others solely a license to use them. The recent form of using intellectual property rights (namely to conclude license contracts) allows license-givers (with preserving their property on technology) to develop their own technology and enter the global market.

In the digital age, Information and Communication Technology (ICT) is benefiting billions across the world by bridging certain gaps and multiplying human potential in every walk of life. Digital services provision that is being developed for our society has enormous positive potential. The internet has revolutionized the way businesses approach and conduct work. For consumers, the idea of purchasing online is appealing for several reasons. A well designed and implemented e-commerce system can lower transaction costs, reduce inefficiencies, promote better information flow, and encourage better co-operation between buyers and sellers. With little more than a click of a mouse, business can communicate, engage in commerce, and expand their business opportunities. At the same time, there are certain social, political, and economic implications being observed globally either in the form of ‘spying websites’ like ‘wikileaks’ hacking activities or cybercrimes against women. Along with promoting the use of Information and Communication technologies since their inception, countries have been looking at ways to counteract the negatives simultaneously.

Pre-trial detention of people on remand is against the very fundamental human rights of an individual as those peoples are presumed innocent until proven guilty. Under the criminal procedure code of Ethiopia and other laws an individual appearing before the court to face charges is entitled to a presumption in favor of bail unless he is charged with an offence which falls in the scope of article 63 and 64 of the code. Detained persons do have also the right to be brought before the court of law within 48 hours and have a fair and public trial. However, the courts have used their stretched discretion to manage people via custodial remand before testing the evidence produced against them. The standard of the evidence that can be relied up on to justify remand to custody is vague and apparently uncontrolled by the principle of presumption of innocence which goes against the spirit of the FDRE constitution and other international human rights instruments. Hence, this article concludes that remand is the battered right.

This descriptive - analytical study using a document library and field studies aimed at identifying areas of effective In formation and development of strategies to deal with violence and consequently predicts took the field in 1391(2012). Violence tends to be short, areas are divided into four categories, this area include: Biological, psychological, social and cultural rights Most significant trends in the social context of violence and the social dimension, Structural disparities major role in people's attitudes to violence, especially violence and individual and group social uprisings. The main tool to deal with violence in society in terms of social trends, strategies that aim to reduce the level of structural disparities And the political and economic practices largely into two categories fit. In addition, specific skills training, life skills training, especially for handling anger plays a key role in curbing the violence. The practice of religious teachings and rituals can help people more effectively with stressful situations likely to be encountered.

Women constitute about one half of the global population, but they are placed at various disadvantageous positions due to gender difference and bias. Globally, at least one in three women has experienced some form of gender based abuse during her life time. Of all the forms of violence against women ‘Domestic Violence’ is a serious type but caused silently. Domestic violence is the most serious violation of all basic rights that a woman suffers in her own home at the hands of members within her own family. The manifold problems associated with domestic violence have been systematically exposed by the women’s movement. Indeed a number of recent studies such as the National Family Health Survey and National Crimes Records Bureau have identified the home as the site of violence against women and girl children. Almost every six homes some where in India, a married women between the ages of 15 and 49 have experienced domestic violence at some point in their lives, domestic violence has not only serious consequences for the health and well being of the individual women but it also serves to maintain their subjugation as a class, it is generally denying the woman her rights as an individual. The purpose of domestic law is to prevent such a situation and to restore the women to a position of equality with in marriage so as to give her the time and the space to decide what she wants to do in the rest of her life. No doubt, it is difficult to enable women to break the silence around their violent situations, so there was a dire need to have a law that can address the problem of domestic violence in more holistic manner and can change the lives and realties of women. The Protection of Women from Domestic Violence Act, 2005 was notified in the Gazette of India on 14-9-2005. This paper is an attempt to have a holistic view of the Domestic violence against women in india and I have made an attempt to analyze the statistical data on domestic violence against women in india.

Living within a human community is a must for every human being upon which most scholars have agreed. The essentials of today’s life require presence of women within the community as well as men to work and do everyday activities. However, the street harassment issue as a social anomie for women is growing and their peace & comfort is taken away. Since this social anomie is a serious threat against the social security of people, so, the present research has been carried out to study the amount of street harassment for women and social elements affecting it in Iran. The methodology used in this paper was survey and the statistical community which is being evaluated is all youth between 18 and 28 among which, 280 individuals are selected randomly by the Cockron formula as the final cases. The results are analyzed using SPSS software. The results proved that there is a correlation between independent variables like age, education, monthly income of the family, relationship with the parents, monitoring and the control of official agencies and religious beliefs and the dependent variable of street harassment. Also the outcomes of regression analysis showed that %38 of changes in street harassment variable by means of the rest of six variables are defined in regression model and among those variables the relationship with the parents, age and education had the most effects on the dependent variable.

Present paper addresses to the most important implications of natural rights including the right of life, freedom, equity and ownership that are based on many other rights. The answer to this question that whether rights in today constituting are influenced by natural rights is positive and its importance is emphasized in interpreting constitutions. It is also tried to determine it and to clarify the way of entering natural right concepts to constitutions. Hence, in the first discourse, it is shown that in terms of natural right school practitioners, the right of life, freedom, equity and ownership are natural rights. In the second discourse, the channels of entering natural rights to constitutions are studied including entrance through declarations especially human right global declaration and constitutionalism. The amount and way of natural right implications for Iranian Constitution is also considered.