Law

Biotechnological applications provide us significant economic and social benefits in areas such as health, agriculture, the environment and industry. Considering its advantages and potent capability innovation in genetic engineering and biotechnology has been extended protection of patent. Almost every international legal instrument has accepted the role of biotechnological inventions in growth of the society. However, when researchers and corporate houses moved for getting patent for higher life forms it was opposed on the ground that it will be in violation of traditional fundamentals of patent laws. Even the claim of patent was denied by patent offices for the process relating to study of growth of cancerous cell in the mouse. This paper is an attempt to assess the effect of patenting of higher life forms and also to identify the philosophical basis thereto. The researcher supports the corollary drawn by European Courts for the patenting of higher life forms.

Politics is determination of the will of the government which is the subject of the political sciences and the administration of affairs is execution of the will of the government which is the subject of the administrative sciences. Politics and the public affairs administration are in equilibrium with another. In other words, the administration of the public affairs is a ground for the execution of the government's will and stands against the policy which determines the structure of the public affairs administration. Investigating each of the mentioned instances entails attention to the other. Types of governmental systems based on centralization are centralized, decentralized, condensed and federal and confederate. In the centralized, decentralized and condensed governmental systems, there is a delegation of power from the central government to the local governments, while in the federal and confederate governmental systems there is no such transfer of power. In each of the centralization and decentralization systems, the national state monitors the affairs, but the type and intensity of monitoring will be different. However, the main question relating to the paper is how monitoring is taking place in the political system governing the Islamic Republic of Iran with a look at two common centralized and decentralize systems based on the Islamic Republic of Iran's constitution? In writing this paper, the library method and such tools as note taking and Internet content were applied where each was discussed while collecting data.

Present paper addresses the role of State Research problem is that legal discipline imposed by State is sometimes not admired by citizens and, consequently, political system faces with instability while laws and regulations should naturally establish public order. Therefore, the main question is that “what is the role of State in changing public order to legal order in responding people’s demands? Out hypothesis is that due to the emergence of human security and the rationality of structural functionalism theory, legal order by State can establish such function imposed by the concept of public order. Studies indicate that in general law, public order consists of citizens’ demands in the format of society’s value system. Since any legal norm should be implemented by political power support, the State which implements such rules is too important. Considering the existing values in the heart of new concept of public order and the possibility of changing society’s value system, State can provide such function committed to natural law approach and impartial in public arena. Such State should be also committed to the requirement of good governance theory in order to provide human security.

Pre-emption, right of possession, and one of the two partners, the property is non-transferable, and pre-emption, the excesses and the pair is strengthened, and the evidence of that agreement, because of tradition and the public, and contrary to nature principle. Conditions, non-transferable, being capable of being divided, joint property, common to transfer shares to buy and sell, buy or sell a joint share transfer of common shares, the limited number of participants, not more than two persons, is due to be Muslim and be able to pay the price . For absent, ignorant, beggars, insane, kids, travelers and headed orphan, is fixed, and for being a neighbor to neighbor, is not constant, and also for those who are devoted to them, not as a pre-emptive . Qualities get it, be immediate, definite and certain to bring about the condition, and the purchase and sale ( the authority and dominance of the demise of the person signing ) flows, and how it is transmitted, is the inheritance, the heir to the size of each share would be before citing the preemption, the client do anything, could be due to demand, and is perfectly in sales, if before the violation, the customer is guaranteed and if a natural disaster, provided both are mediators, the catch and release it, and the difference in the price quote, the customer promises to share, and, in some cases, such as if the intermediary does not claim the power, and the transmission is not part through sales and property usurpation if preemption is void, and survivorship Eghaleh and terminate the transaction can not be canceled and the sales price is the same as the wedding date has been set.

India has an age old unbroken history of welcoming and providing warm hospitality to an endless inundation of men and women of diverse creeds, cultures and races. However, when it comes to its own citizens who are displaced due to conflicts, the situation is entirely different and awfully pathetic. The IDPs of Bodoland are facing the same. They are devoid of basic rights and amenities. In the absence of a comprehensive law pertaining to protection and rehabilitation of conflict induced IDPs, their problems have been aggravated. In view of the forgoing a study of the genesis of Bodoland, history of ethnic conflicts in Bodoland, condition of the IDPs created by these conflicts and legal response to the needs of these IDPs has assumed paramount importance. This paper aims to shed light on these not so talked about problems of the people of Bodoland and also makes a humble attempt advancing a few suggestions towards remedying the same.

The furthermost impact of the climate change would be displacement of people, leading mass migration at a large scale. The affected communities would be largely from climate vulnerable island nations and also from developing countries which will not have the infrastructure to cope with the climate change induced natural disasters. The main issue here would be the cross-border migration leading to refugee status claims. But the present international refugee law framework governed by the Refugee Convention, 1951 is in no way equipped in dealing with climate refugees. This clearly calls for international co-operation and consensus building for dealing with the climate refugees as a part of the climate change adaptation mechanism. An effective and binding provision in the climate change agreements for tackling climate change induced migration through co-operation is crucial. This paper points out the lacunae in the present international refugee law framework and discusses regarding mitigating this gap and provides pointers regarding the way forward.

The principle of respecting human dignity plays a vital role in fundamental ethical norms related to human rights. In the first glace and through scrutiny in Iranian laws, we face with a kind of challenge in the context. For instance, some punishment such as retaliation, stoning to death, rigid body, amputation are wrong attributed to human dignity but what are the views of opponents and proponents of such punishments? On the same basis, present paper provides a brief explanation on human dignity and studies one of these punishments (retaliation).

Theassertion of scholars must not be taken as the meaning last countries. Scholars assertionmust mean effort in stating new command for a social or Update scientific problem not stateing imitated command from the previous Jurists. Perhaps prophet’s opinion of exertion has been the above mentioned Meaning. As he stated when a judge efforts for understanding of correct Command and then perceives the correct commands. He will be rewarded with one spiritual reward. So just as we saw , in this reverse , the prophet (p.b.u.h) has referred to some commands to which there isn’t any command and so the legist has to obsess their mind with the use of correct criterion which are derived from religion.Definitely legists who have judged to up to date dower must also judge to cases like blood money, women blood money, women retaliation, blood money and retaliation of non Muslims up to date and must be imitate the previous jurists.

Judicial Reforms need to take place in an integrated manner and important because the public has lost faith in the system. The police, prosecution, lawyers and courts, must be thought of as being cohesive and everyone is concerned about the large delays in disposal of cases, and the agenda for judicial reforms must first tackle the problem of this backlog. Law Commission Reports and formation of tribunals to take away some of the workload of High Courts, but still, High Courts are burdened with a large number of cases. Increasing the manpower in judiciary is the need of the hour. Also, the problem faced by the judiciary can be solved, it is an urgent need for improvements in the physical infrastructure available to the judiciary, the state of legal education as well as Continuing Legal Education (CLE) in India and last but not the least, the continuing debate about judicial accountability.