The Formation of Customary Law

The Customary Implied Condition of Safety Obligation in Medical Contracts

Background and Aim: The safety commitment of the physician and the hospital against the patient has been accepted in such a way that various laws, regulations and instrucions has been set it in first field, but the source of safety commitment in this type of contract are not limited to the rules of the subject and custom and customary rules independed of  other factors and as one of the of firs...

ارزیابی دفاع مشروع پیشگیرانه علیه تروریسم

Abstract Scholars rightly believe that prohibiting the threat to or use of force is the most important achievement of the UN charter. Eventhough Article 51 offers an exception in this regard, the letters and substance of this article are clear about an ‘armed attack’ as a precondition to trigger the right to self-defense. Beside this legal fact, a Preemptive use of force against an imminent ...

The Role of Consent and Uncertainty in the Formation of Customary International Law

Development of the concept of “Environmental Damage” in International environmental law

Evolution of the concept of “environmental damages” is one of the aspects of development in international environmental law. In fact, after increasing global environmental problems and lack of efficiency in international environmental law to prevent the damage, unifying the concept of “environmental damage” in the law is being considered as a solution for this matter. Moreover, development of i...

Hymenoplasty: Benefit or Corruption

Hymenoplasty is a surgery that doctors perform to repair girl `s virginity who lost it through virginal intercourse or other accidents. During their practice, doctors may face demands that do not have a therapeutic effect and are derived from the cultural and customary considerations of society. Given the fact that the doctor should also consider the patient's greatest benefit in such cases and...