scholarly journals Third Party Rights in Authorization by Ratification at the PICC, PECL and Iranian Law

2016 ◽  
Vol 9 (6) ◽  
pp. 137
Author(s):  
Ahmed Heidari ◽  
Seyed Hekmatollah Askari

Agency refers to a contract whereby a person selects another one to do his affairs. It is obvious that agency can be fulfilled in different ways, including explicit authorization and authorization by ratification. Authorization by ratification is ineffective for some contracts and it faces challenges in practice, because it follows the fulfillment of two rights, one the principal’s right for ratification, and the other the third-party’s right to be free from the obligations of an ineffective contract. This article has dealt with the positions of two important International Instrument of Human Rights as well as that of Iran’s domestic law regarding the scope of the use of ratification right by the principal and the owner of the authority right on the one hand and the rights of a third party on the other. It seeks to answer the question whether the principal has the right of ratification in any way, or has some legal restrictions? And if there are some limits to the principal’s right and access to such uncertainties can lead to further compatibility of Iranian law with International Instrument of Human Rights, based on which principles and rules can one establish a relative balance between the parties?

2021 ◽  
pp. 316-341
Author(s):  
Richard Martin

Similar to the street-level bureaucrats in Lipsky’s classic study, the custody officers met in the course of fieldwork for this study were faced with a dilemma emergent from competing occupational demands and police functions. On the one hand, they were conscious of their statutory duties under PACE to act as guardians of suspects’ rights, and that the routine practices of their fellow officers could undermine the right to liberty. On the other, they were confronted with considerable organizational pressure to process arrests in custody and, in doing so, help their over-worked frontline colleagues who tirelessly bounced from one response call to another. This chapter aims to answer the question emerging from the last chapter: how did custody officers respond to the pressure they faced to authorize the detention of suspects, especially where the arrest seemed to be on dubious grounds? Did they succumb to workplace demands and authorize detention, or did they feel able to push back and challenge arresting officers and their supervisors? By the end of this chapter, the reader will come to understand how and, more importantly, why, the former attitude prevailed and what this tells us about custody officers as human rights practitioners.


Author(s):  
Nima Norouzi ◽  
Hussein Movahedian

The right to use one's mother language is affected by examining the nature of this right in the international human rights system. Speaking of linguistic rights requires examining this right in the context of general human rights and the rights of minorities. On the one hand, the right to use one's mother tongue is rooted in the “right to be different,” which itself is inspired by human dignity, and, on the other hand, because the linguistic rights of the majority are better guaranteed than the linguistic rights of the minority. This chapter examines the right to use one's mother tongue in the minority system; therefore, language rights can be divided into two approaches based on tolerance, which prohibits any interference with the choice of language and its use by governments, as well as an extension-based approach that seeks to protect the right to use language in various fields such as education, court, public arena, and government institutions.


1984 ◽  
Vol 32 (3) ◽  
pp. 349-368 ◽  
Author(s):  
David Lane

The paper is in four parts. The first outlines the debate that has occurred in the West about whether human rights, and about what human rights, are desirable and possible in socialist states. In the second it is contended that the normative approach to rights in socialist states has been influenced but not determined by the theory and practice of the USSR. Human rights under Marxism–Leninism are ambiguously defined: there is an unresolved tension between individual (and group) rights, on the one hand, and class and collective rights on the other. Socialist states, it is claimed, have different units, types of claims and priorities of rights. In the third section, it is argued that the Soviet model of rights has a particular correspondence with Russian culture. Its impact on other socialist countries (Poland is considered, as an illustration) depends on the internal social structure (the strength of interest groups) and the degree of legitimacy of the state. Finally, some prognostications are offered concerning the dynamics and likely developments of rights claims under socialism.


Author(s):  
A. Haddadi ◽  
F. Ravaz

Under criminal law, euthanasia can have two distinct qualifications: that of homicide in the event that the act of directly killing another person is characterized, or that of assisting a third party in the suicide. These two qualifications are applicable on the condition that the agent — the author of the act of causing death — is not the one who went through it. In fact, selfeuthanasia is nothing more than suicide.In addition to euthanasia imposed to a third party (such as in the case of Malevre, nurse from Mantes-la-Jolie, tried in 2003), the euthanasia requested and subscribed constitutes a complex legal question. Answering this question first involves specifying the position of contemporary criminal law in the face of suicide.In the event that suicide is only decriminalized, in fact, the author of the act — regardless of the outcome of his actions, who is himself the victim, cannot be prosecuted. Nor ultimately receive any condemnation.However, this lack of prosecution and conviction is by no means an endorsement of the act — suicide — by the law.Moreover, in the event that suicide is a right, it would then be necessary to agree that any candidate for this act can request assistance in the accomplishment of his death. Given these two opposing approaches, imposed on us the question of whether there is a right to die.Although the euthanasia imposed is unequivocally under ordinary criminal law, the euthanasia requested and granted is not based on any rights. To date, there is no right to approve a death request, but on the other hand, it does allow it to be respected and to some extent promotes its approach with dignity. This work will focus on two central points which are the possibility that euthanasia is a homicide under common law (I) and the attitude of French law concerning the right to death (II).


1997 ◽  
Vol 1 (01) ◽  
pp. 51-54
Author(s):  
Ken Negus

Tertius Interveniens, written in 1610, is one of Kepler's most powerful and passionate treatises on astrology, written as a defence of the subject against extremists on both sides, on the one hand those who would condemn astrology altogether, and on the other those who accepted everything said and done in its name, no matter how preposterous. Hence he is the ‘third party intervening’, as indicated by the title.


2014 ◽  
Vol 23 (1) ◽  
pp. 269-286 ◽  
Author(s):  
Valentina Spiga

The latest attempt by the relatives of the victims of the Srebrenica massacre to hold the UN accountable for the inaction of UNPROFOR while the Bosnian enclave was attacked has once again proven unsuccessful. In a unanimous decision in the Stichting Mothers of Srebrenica and others v. the Netherlands case, the European Court of Human Rights declared the application to be ill-founded, finding that the decision of Dutch courts to grant immunity to the UN did not violate the applicants’ right of access to a court. An intrinsic tension between two contemporary trends seems to be embodied in this recent decision. On the one hand the decision follows established and authoritative practice according to which a civil claim cannot override immunity from jurisdiction even though no alternative means of redress is available. On the other hand it conflicts with the growing emphasis placed on the right of access to justice and the right to remedy for victims of gross violations of human rights in the last decade. This note aims to provide a critical review of the decision, focusing on the “alternative means of remedy” test in cases involving the immunity of international organizations. In doing so, the note questions whether such a test must always be a prerequisite for the effective enjoyment of the right of access to a court.


2013 ◽  
Vol 7 (1) ◽  
pp. 25-46 ◽  
Author(s):  
Daniel Viehoff

Abstract Among the functions of state borders is to delineate a domain within which outsiders may normally not interfere. But the human rights practice that has sprung up in recent decades has imposed significant limits on a state’s right against interference. This article considers the connection between human rights on the one hand and justified interference in the internal affairs of states on the other. States, this article argues, have a right against interference if and because they serve their subjects. Interference by outsiders threatens to set back their capacity to serve and thus ultimately harms those over whom the state exercises power. Human rights, in turn, circumscribe the outer limits of what any state can do while plausibly claiming to be serving its subjects. On this view, human rights are distinguished from other rights because they function as cancelling conditions on the state’s right against outside interference: while interfering in the internal affairs of a state normally wrongs that state, interfering where the state fails to respect human rights does not. Contrary to what is often thought, human rights violations do not justify outside interference. They merely make a state liable to such interference. The further considerations that must enter into an all things considered judgment in favor of interference are irrelevant for determining what human rights we have.


2007 ◽  
Vol 76 (4) ◽  
pp. 435-464 ◽  
Author(s):  
Hans Morten Haugen

AbstractSocial human rights are not held to belong to the category of jus cogens norms. At the same time these human rights protect vital matters, such as the right to adequate food, which obviously has a relationship to the right to life. On the other hand, the annexes to the World Trade Organization (WTO) Agreement, which are binding on all WTO member States, has implied a shift from the old General Agreement on Trade and Tariffs (GATT) to the WTO, from pure contractual treaties to more standard-setting treaties. The article seeks to analyse if the obligations erga omnes and the concept of 'multilateral obligations' are applicable to distinguish between human rights treaties on the one hand and WTO agreements on the other. The background of the analysis is also the work of the International Law Commission (ILC) Study Group on fragmentation of international law, finalised in 2006. The article finds that there is still uncertainty regarding the exact meaning of the term 'multilateral obligations'. Hence, other concepts such as 'absolute obligations' might be preferred in order to characterise human rights treaties, and hence implicitly acknowledge that treaties that protect vital matters may prevail over other treaties, based on the interests which are to be protected.


Author(s):  
Krebs Thomas

Article 2.2.1 provides an overview of the scope of Section 2.2 of the UNIDROIT Principles of International Commercial Contracts (PICC), which deals with authority of agents. Section 2.2 governs the authority of a person (‘the agent’), to affect the legal relations of another person (‘the principal’), by or with respect to a contract with a third party, whether the agent acts in its own name or in that of the principal. It governs only the relations between the principal or the agent on the one hand, and the third party on the other. This commentary discusses legal relations ‘by or with respect to a contract’, authority to affect the legal relations of another person, agent acting in its own name or in that of the principal, internal aspects of agency, and exclusion of agency by operation of law.


Author(s):  
Olha Kabkova

While finding out the relation of W. Trevor’s writing to Joyce, we are to take into account the fact, fixed by the German writer H. Bell in his “Irish diary”: Joyce is one of the ordinary surnames in Ireland. Yet the aim of the article was to search for the influence of the literary technique of J. Joyce — one of the well-known modernists — on W. Trevor’s creative works. On the one hand, W. Trevor himself in the interviews insisted that “Dubliners” and “A Portrait of the Artist as a Young Man” were valuable for him within the whole life; on the other hand, the known and famous writers and critics aimed at finding those links. A number of researchers took into account that Joyce’s later texts were not so valuable for Trevor’s creative works. His influence was not the linguistic pyrotechnics of the “Ulysses” but the modest and punctilious voice of “Dubliners”. It is possible to determine some levels of Joyce’s presence in W. Trevor’s texts: Joyce as a character, as a model of creative activity, as a pattern for stylization and even comic imitation. One of the characters of Trevor’s “Music” was fascinated with Joyce’s appearance, his photograph. Sometimes, while hearing music, he was imagining himself a human being similar to Joyce. “The Third Party” began with a meeting of two men, one the husband, one the lover in a Dublin hotel bar. They have to come to an agreement on the end of the marriage, which was not achieved. The plot of this story is somewhat a travesty of “A Little Cloud” (from “Dubliners”). Moreover, the main characters are W. Trevor’s version of two different types of mental constitution vivid in “A Little Cloud” as well as in “Ulysses”. The interview of two characters in Trevor’s text allowed using Joyce’s telling strategy: an application of subjective third-person narration. An aspect of location in Trevor’s story is similar to that of Joyce, it is Dublin. Nevertheless for Trevor Dublin was a city, where events took place, not a version of the important original location, as it was with Joyce. The same may be said about “Two More Gallants”. Th is story of the modern and equally traditional Irish writer is the most vivid example of the author’s dialogue with the original text of Joyce. Th e writer simultaneously reflected and parodied “Two Gallants” (from “Dubliners”). There is a certain similarity between the viewpoints of both authors on Dublin and Ireland in general. The creative activity of Joyce was governed by Ireland. W. Trevor’s links with Ireland were restored only when he became something of a stranger to this country. Moreover, Trevor’s conception of Ireland remained constant as if nothing had happened in this country during the second half of the XX century. So the reality of “Two Gallants” and “Two More Gallants” remained alike, as well as irresponsibility of the main characters. The narrative nerve in Joyce’s text may be defi ned as no-event, while Trevor’s text is arranged according to tale tradition. “Two Gallants” is associated with the concentrated poetic image of paralysis. A similar representation is evident in “Two More Gallants”: puppets dance to the music of original sins. Th at shows Trevor’s play with the original text.


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