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Religious freedom is one of the most fundamental human rights which has been embodied and recognized in essential universal and regional human rights instruments, including universal declaration on human rights, international convent on civil and political rights, European convention on human rights, American convention on human rights, African charter on human and people rights and Islamic declaration on human rights. Most of these instruments provide that Freedom of religion may be subject to conditions and restrictions such as national security, public safety and protection of health or morals. European Court of Human Rights, as a judicial body of European convention, in its jurisprudence determinate the scope of margin of appreciation. In this article, margin of appreciation and States maneuver in interpretation and implementation of religious freedom were analyzed in light of the jurisprudence of European Court of Human Rights

European Court of Justice (ECJ) is the judicial body of the European Union (EU). Since its founding in 1952, ECJ has always played a prominent role in the development of the EU law. What has been studied in this article is the role of ECJ in transition of the EU law from duality (between national law of member states and EU law) to legal monism with the superiority of EU law. In implementation of its effective role, the ECJ has utilized different instruments such as Interpretation of EU law under the preliminary rulings, addressing the infringements of the EU law, recognizing the general principles of law in the form of case law, and also the principle of proportionality of regulations and domestic politics to promote the position of EU law in relation to municipal law of member states. This research partly reveals the process of EU legal integration, through the study of the ECJ case law

Compensation for damages arising from a breach of contractual obligations should place the injured party in the position he would have been in had the contract not been breached. By accepting the idea of full compensation, the UNIDROIT Principles of International Commercial Contracts as well as the Convention on Contracts for the International Sale of Goods (1980), judicial precedents, and international arbitration awards have recognised this approach. Despite the recognition of the principle of compensation, this theory is subject to controversy in Iranian law, particularly in the event of damages caused by the loss of anticipatory benefits. From justice and economic efficiency perspectives and for the sake of adapting Iranian commercial rules with ones reflected in international trade instruments, and for considering the affirmative religious jurisprudential principles, it is recommended that effective steps should be taken towards the removal of all existing legal barriers in Iranian law.

The overwhelming view concerning the unilateral secession under contemporary international law is that, in international law, there is no rule in regard to secession. some international lawyers concentrate upon the principle of respect to territorial integrity of independence and sovereign states and maintain that unilateral secession is unlawful. Meanwhile a moderate and relatively new approach has been proposed by some international lawyers so called “Remedial Secession Doctrine” that according to it, although international law supports territorial integrity of independence and sovereign states in international community, in special circumstances, a state cannot rely on its territorial integrity. The principle of Self-Determination of peoples prevails over Territorial Integrity and so, secession of a part of territory of a state by a people comprising a part of the population of the territory would be possible. Basis and foundation of such argument is relies on inverted reading of the “safeguard clause” embodied in the United Nations General Assembly resolution 2625 that repeated in 1993 Vienna declaration and program of action. this characterize the existence of the Right to Remedial Secession in National and Regional Judicial Decisions.

Attribution of private-person’s act to a state is accepted in international law in some exceptional matters. Acting under the direction or control of the state is one of those exceptional cases; by proving state control over private persons and entities, their actions are attributable to the state. However for understanding the required level of the control and direction, we shall review and inquiry the judicial jurisprudence in order to make these theoretical concepts more tangible. Iran-U.S claims tribunal, as the most prominent international arbitration, has separated jurisdiction and the merit phase in some of its cases.From jurisdictional point of view, the tribunal has applied a looser standard while in the merit, tribunal’s approach has more affinity for theory of effective control. In such cases, as a general rule,stateshave notbeenliable for the conduct of non-state actors unless the tribunal could find the conduct in question intensely controlled by the state. Indeed the tribunal, in place of determining standard of control in these kinds of cases, has not lowered the threshold for imputing private acts to statesbut treated with it in an exceptional manner. The purpose of present article is to examine standard of direction and control, while the focus is on the jurisprudence of Iran- U.S claims tribunal.

DOI: 10.5901/mjss.2016.v7n51p45

During their turbulent life, humans are always at risk of an unintended and unavoidable events and thus seek to gain pain relief and a way to avoid the consequences of accidents like this. Events such as unemployment, disability, illness, aging, etc. as well as natural disasters can undermine the livelihoods and well-being. In different periods of human life, the fundamental institutions such as family, tribe and relatives were somewhat supportive of their dependents when they were faced by the decisive events or reduction of income and livelihood, but with the industrialization and urbanization process, one of the most important consequences has been breaking the strong bonds of family and extended family, and thus a need to protect people from exposure to these risks and events was formed. With the creation of social security systems since the late nineteenth century, industrialization and urban communities started to protect their citizens against certain social risks, a process that has evolved over time and now most of the countries have social security schemes and systems with differences in the type and level of support to maintain incomes in cases of retirement, unemployment, old age, disability, orphaned, homelessness, disease and death, and to promote general well-being of individuals and communities. However, despite all the improvements achieved, there are still many problems in the realization of the right to social security. This research explain the contemporary process of standardization of the social security right and measures of states and international and regional organizations concerned to investigate the mechanisms to ensure implementation of the social security system and the provisions of international law and the national procedures.

In this study, the nature and extent of genetic diversity of Plasmodium vivax populations circulating in Afghanistan have been investigated by analyzing three genetic markers: csp, msp-1, and msp-3 alpha. Blood samples (n=202) were collected from patients presenting with vivax malaria from south-western (Herat) and south-eastern (Nangarhar) parts of Afghanistan, and analysed using nested-PCR/RFLP and sequencing methods. Genotyping pvmsp-1 revealed type 1, type 2 and recombinant type 3 allelic variants, with type 1 predominant in parasites in both study areas. The sequence analysis of 57 P. vivax isolates identified a total of 26 distinct alleles. Genotyping pvcsp gene showed that VK210 type (86.6%) is predominant in Afghanistan. Moreover, three major types of the pvmsp-3 alpha locus: type A, type B and type C were distinguished among Afghani isolates. The predominant fragments among Nangarhar and Herat parasites were type A (70.8% and 67.9%, respectively). PCR/RFLP products with Hha I and Alu I were detected 52 and 38 distinct variants among Nangarhar and Herat isolates, respectively. These results strongly indicate that the P. vivax populations in Afghanistan are highly diverse.

Background Artesunate + sulfadoxine-pyrimethamine (AS + SP) has been the first-line treatment and artemether-lumefantrine (AL) the second-line treatment for uncomplicated falciparum malaria in Yemen since 2005. This paper reports the results of studies conducted to monitor therapeutic efficacy of these two drugs in sentinel sites in Yemen. Methods Eight therapeutic efficacy studies were conducted in six sentinel sites during the period 2009–2013 in Yemen. Five studies were for the evaluation of AS + SP (total of 465 patients) and three studies (total of 268 patients) for the evaluation of AL. The studies were done according to standard WHO protocol 2009 with 28-day follow-up. Results In the evaluation of AS + SP, the PCR-corrected cure rate was 98 % (95 % CI 92.2–99.5 %) in one site and 100 % in all of the other four sites. In the sites where AL was evaluated, the PCR-corrected cure rate was 100 % in all the sites. All patients were negative for asexual parasitaemia on day 3 in both the AS + SP and the AL groups. There was a higher rate of clearance of gametocytaemia in the AL-treated group when compared with the AS + SP groups from day 7 onwards. Conclusion AS + SP remains the effective drug for uncomplicated falciparum malaria in Yemen. AL is also highly effective and can be an appropriate alternative to AS + SP for the treatment of falciparum malaria. AL demonstrated a higher efficacy in clearing microscopic gametocytaemia than AS + SP. Trial registration: Trial registration number ACTRN12610000696099

The WHO Eastern Mediterranean Region (EMR) has made substantial progress toward reducing its malaria burden since 2000. During 2007-2015, two of the five countries certified as malaria free were in the EMR (United Arab Emirates, 2007 and Morocco, 2010). Three of the 13 countries that reported zero indigenous cases in 2014 were from EMR (Iraq, Oman and Syrian Arab Republic). Efforts are still needed to: reduce the malaria burden in the six endemic countries (Afghanistan, Djibouti, Pakistan, Somalia, Sudan and Yemen); support the immediate needs for elimination in Saudi Arabia and the Islamic Republic of Iran; and prevent the re-introduction of malaria across 14 countries that have been malaria free since the 1970s.

In the beginning of 1990s, with the disappearance of the flames of Cold War, the UNSC began to establish economic sanctions against States that were thought to endanger international peace and security. In many cases, these sanctions were so severe that they seemed to contravene human rights standards. Such concerns gave rise to the idea of subjecting UNSC measures to judicial review in the international legal system. Many experts believe that the burden of maintaining international peace and security is so important that the UNSC should be free to apply any due strategies or actions. Although the UN Charter does not identify any body or organization to control the UNSC, by reference, one can infer that the UNSC’s actions are not absolutely unlimited. Several recent cases from the ECJ have made international law experts hopeful of resolving this predicament. These cases have served as a kind of indirect judicial review, influencing the UNSC by removing its sanctions and directing its performance. This is notable in that the ECJ is outside of the UN framework.

The transmission of malaria across the Arabian Peninsula is governed by the diversity of dominant vectors and extreme aridity. It is likely that where malaria transmission was historically possible it was intense and led to a high disease burden. Here, we review the speed of elimination, approaches taken, define the shrinking map of risk since 1960 and discuss the threats posed to a malaria-free Arabian Peninsula using the archive material, case data and published works. From as early as the 1940s, attempts were made to eliminate malaria on the peninsula but were met with varying degrees of success through to the 1970s; however, these did result in a shrinking of the margins of malaria transmission across the peninsula. Epidemics in the 1990s galvanised national malaria control programmes to reinvigorate control efforts. Before the launch of the recent global ambition for malaria eradication, countries on the Arabian Peninsula launched a collaborative malaria-free initiative in 2005. This initiative led a further shrinking of the malaria risk map and today locally acquired clinical cases of malaria are reported only in Saudi Arabia and Yemen, with the latter contributing to over 98% of the clinical burden.

Biotechnology has many applications in environment (clean up or prevent its degradation), agriculture (increased efficiency and productivity), medical (new methods of treatment or new drugs) and various industries, including Oil industry (elimination of oil pollution), textile products (increasing the quality of textiles) and food industry (raising the quantity and quality of food). But there are also concerns relating to some unknown aspects, effects and consequence of biotechnology in a way that the long-term effects are not so clear on human health or on the environment in the agriculture and in the food industry on the health of consumers. For example, gene therapy and genetic drugs, can cause some genetic complications or biotechnological product may cause growth of useless or harmful like weeds resistant to pesticides and even pollute the environment by disrupting the function in agriculture. Of course to address this concern, there are some principles such as biological safety and the necessity assess the risks arising from the use of this product, and prudent use of these innovations on the domestic and international level. Ethical considerations and objections have been raised by the moralists in terms of loss of intrinsic value of life due to manipulate by biotechnology or threaten the dignity of living creatures with dominance and monopoly over them. These considerations will be strongly when we are confronted with the fact that the granting of monopoly to biotechnology can lead to the misuse of this knowledge against humans and other organisms. Of course, there are ways to prevent or address these abuses, including the abolition of the patent or parallel import of product or granting licenses to others. In addition, human rights lovers also believe that the granting of monopoly and patent to the achievements of this science is In some cases contrary to human rights So have objected to it. Like threaten the right to health and healthy food (in terms of risk to human health resulting from biotechnology. Threaten the right to work (due to market monopolization by big companies and unemployment and the gradual elimination of small farmers) and threaten the right to a healthy environment (due to possible adverse effects on the environment and biodiversity). Of course, these concerns can be reduced by international regulations such as the Cartagena Protocol on Biosafety. Another challenge is on how to prove damages resulting from biotech crops to the environment, people and their property and also proving the causal relationship between the biotech and damage is difficult because their harmful and unknown effects usually becomes apparent in long-term and this makes it hard to prove a causality relationship. Also in such damages, the best way of compensation (i.e. restore the former state) is difficult or impossible. Because the reproducibility of biotechnology can reduce the ability to control on extent of damage and the harmful effects. However, concerns have been reduced slightly by stipulating strict liability for the damage in international regulations.

Selection and separation of inheritance has the desired characteristics of plants, animals and organisms have specific morphological characteristics and called them in terms of biotechnology. Including applications help farmers to reduce the amount of fertilizers , chemical pesticides, water and fuel consumption for the production of food As well as biotechnological products can be used for purification and cleansing the environment and food production at lower costs and reduce the use of harmful chemicals to human health and the environment. However, criticism has been leveled on biotechnology, for example, genetically modified organisms, unlike chemicals, have a risk of spread and replication capabilities and unknown toxins may be produced by biotechnological products or reduce biodiversity, genetic contamination and poisoning and destroy beneficial insects harmless. This article, in addition to addressing various aspects of biotechnology, seeking to assess the strengths and limitations of current international law and structures designed to address these concerns communities. Biotechnology problems at the international level and treaties related to each of them are as follows: A) Concerns about patent genetically modified crops: National rules developed countries, genetically modified crops have to support intellectual property. If to be biotech crops intellectual property rights, the bulk of the food of world award to several capitalist companies .B) Concerns about Transparency Regarding Exports of Genetically Modified Products: Notification of genetically modified content could be achieved through a labeling system C) Liability for damage caused by genetically modified imported products: The international community have tried to establish international rules on liability and compensation for damage caused by genetically modified crops that in the Biosafety Protocol, the provisions limiting the harmful effects caused by genetically modified organisms. D) Liability of Trans boundary damage caused by genetically modified crops: Genetically modified crops could have a negative impact on the environment of neighboring states, even if completely in a state of production and consumption .After careful consideration of the above it can be concluded that there is not a single treaty regime and specific concerns to address the biotechnology. But we are faced to fragmented and conflicting network of treaties relating to intellectual property, trade and the environment, as well as a series of general principles of law and legal norms ambiguous.

International responsibility of Iraq regarding imposed war against Iran and compensating all harms has been an issue attracted public attention in Iran; in a way that sometimes it has been discussed. Nevertheless, it should not be ignored that this war happened long time ago, thus it involves the issue of Prescription or Statutory Limitations. Since the Statutory Limitation often is the main obstacle facing the culture of non-punishment, the main question is that whether Iraqi’s war crimes is supposed to prescription?It should be noted that prominent values of humanity entail the condemning of severe international crimes and non-applicability of principle of prescription. Therefore, International Criminal Law through codification of regional and international documents including the Supreme Iraqi Criminal Tribunal has predicted a period of 35 years for investigation of Iraqi high-ranking officials’ crimes: Accordingly, it seems that the theory of non-applicability of prescription over Iraqi’s war crimes during war against Iran has been substantiated.

The enhancement of environmental awareness in both domestic and international level has been accompanied by the growing number of internal authorities and international bodies within which environmentally related disputes can be addressed. Over the years, environmental issues have been discussed by different international judicial courts and arbitration tribunals. Their contribution to enhance the legitimacy of international concerns to the protection of environment is a significant one. They have acted to clarify the international environmental rules within the international legal order and have augmented the ability of domestic legal systems to deal with associated problems more effectively. The international judicial bodies as well as arbitration tribunals have been faced with a rather vague set of rules and principles that made it an enormous task to apply the law to the particular facts of a case in question. Issues relating to the existence, contents and meaning of the certain related concepts took considerable spaces in the contributions of international courts and tribunals in the course of developing international environmental law, particularly the concepts of environmental damage and the liable party to make reparation. International judicial bodies mostly relied on procedural obligations of states and arbitration tribunals on damage itself and the necessity to compensate them. While the damage is mostly confined to significant damage of value-use aspects of the environment, and liable party is focused on the damage causing activities of the operator, the reparation modes are unsteady between only financial compensation and, if possible, near to restitution.

Non-judicial developments in the field of boundary issues, with the aim of achieving stability and preserve it, move toward the ideal of international community. The ideal is to maintain international peace, order and security. Developments and advances are in the service of this ideal and countries take steps in this direction with responsibility than before and with believe in integrity of international peace, order and security, and apply technical and human progresses in this way. International organizations and countries, as the main subjects of international law, with understanding adverse consequences of instability, use all the tools necessary to achieve this goal and non-judicial developments occurring in delimitation of international territorial boundaries, are in line with this excellent goal. Today, countries cooperate wider than past in different ways and in all fields including boundary issues. Deep understanding toward the importance of international peace, order and security and legal belief to necessity of such cooperation, undoubtedly have facilitate today direction. Of course, the role of international institutions and organizations was very dramatic in developing such belief.

Development of human rights and citizenship rights is based on publication of its concepts among the people in global society. This publication of concepts and introduction of the people from different nations to human rights are done through education. Media with their role in transfer of information and knowledge have educational function. Media with their educational function ensured education right as one of the human rights while informing the public thoughts with their own rights and increasing their demands through human rights and citizenship rights education. Human rights and citizenship rights education activate the people of society in normalization of the related rules and this media education which is directly and indirectly related to obligation of states to right of education binds the states to respond to increased demands of human rights and citizenship rights and take action regarding development of the human and citizenship rights in national and international level. Human rights and citizenship rights have exclusive capability which leads to increased awareness of states with human and citizenship rights and increased demands of states and international society considering high number of media addresses and diversity of their content in presentation of materials about human and citizenship rights in education for all society levels and increased demand leads states and international society to develop norms of the human and citizenship rights through legislation, codification and enactment of the conventions on human rights and this process leads to development of human and citizenship rights at local and global levels.

Technological advances in any domain effects other domains as well. International law and especially international boundaries take advantage of technical progresses orconsidering the factors which existed before but they have been neglected and put these factors in the service of its demands. Maybe if we consider each of the technical factors separately, we cannot understand their role properly in boundarydomains, but we study their setting in the form of boundaries demarcation and consider the package generally and investigate the relationship of internal factors. It is clear that technical factors have developed a great evolution in demarcation of territorial boundaries.Eventually, when the technical parameters are employed for demarcation of territorial boundaries, in fact they serve to its purpose; the purpose is nothing than maintaining international peace, order and security, the fact that is the existential philosophy of the United Nations organization. Thus, non-human factors have been served for human factors and maintain its values. Definitely next advances in technical factors will be along with other developments in boundaries domain.

Bashagard district is one of the important malaria endemic areas in southern Iran. From this region a total of 16,199 indigenous cases have been reported in recent years. The aim of this study was to determine the situation of the disease and provide the risk map for the area. ArcGIS9.2 was used for mapping spatial distribution of malaria incidence. Hot spots were obtained using evidence-based weighting method for transmission risk. Environmental factors including temperature, relative humidity, altitude, slope and distance to rivers were combined by weighted multi criteria evaluation for mapping malaria hazard area at the district level. Similarly, risk map was developed by overlaying weighted hazard, land use/land cover, population density, malaria incidence, development factors and intervention methods. Our results reveal that the disease mainly occurs in north and east of the study area. Consequently the district is divided into three strata. Appropriate interventions are recommended for each stratum based on national malaria policy. Malaria hazard and risk map, stratification based on relevant information and data analyzing provide a useful method preparedness and early warning system for malaria control, although regular updating is required timely.

Species identification and information on transmission pattern of malaria parasite in any malaria endemic area is key to success for a malaria control programme. In this investigation, malaria diagnosis using molecular method was used to assess the transmission pattern of malaria parasite in three malaria endemic regions: Afghanistan, Iran and Pakistan.Blood samples were collected from the patients presenting with vivax malaria from Afghanistan (n=108), Iran (n=200) and Pakistan (n=199). Malaria parasite detection was made by the gold standard (microscopy) and also nested-PCR assay, using 18S small sub-unit ribosomal RNA (ssrRNA) gene.Based on microscopy method, the level of mixed infection was zero to 2.5 per cent; however, nested-PCR assay detected 6.5, 22 and 23.5 per cent mixed infections in samples collected from Afghanistan, Iran and Pakistan, respectively. The present results showed that the co-infection of P. vivax with P. falciparum was frequent in malaria endemic regions of Iran and Pakistan.The present data suggest the need for improving microscopy diagnosis method and the clinician should also have careful clinical observation, along with the reports on Giemsa- stained thick blood films, particularly in summer time when P. vivax is predominant. Also sharing information on transmission pattern of mixed infection among these countries may help in designing better control strategies for malaria.

In this study, the diversity of Plasmodium vivax populations circulating in Pakistan and Iran has been investigated by using circumsporozoite protein (csp) and merozoite surface proteins 1 and 3alpha (msp-1 and msp-3alpha) genes as genetic markers. Infected P. vivax blood samples were collected from Pakistan (n=187) and Iran (n=150) during April to October 2008, and were analyzed using nested-PCR/RFLP and sequencing methods. Genotyping pvmsp-1 (variable block 5) revealed the presence of type 1, type 2 and recombinant type 3 allelic variants, with type 1 predominant, in both study areas. The sequence analysis of 33 P. vivax isolates from Pakistan and 30 from Iran identified 16 distinct alleles each, with one allele (R-8) from Iran which was not reported previously. Genotyping pvcsp gene also showed that VK210 type is predominant in both countries. Moreover, based on the size of amplified fragment of pvmsp-3alpha, three major types: type A (1800bp), type B (1500bp) and type C (1200bp), were distinguished among the examined isolates that type A was predominant among Pakistani (72.7%) and Iranian (77.3%) parasites. PCR/RFLP products of pvmsp-3alpha with HhaI and AluI have detected 40 and 39 distinct variants among Pakistani and Iranian examined isolates, respectively. Based on these three studied genes, the rate of combined multiple genotypes were 30% and 24.6% for Pakistani and Iranian P. vivax isolates, respectively. These results indicate an extensive diversity in the P. vivax populations in both studies.

Background The present paper reports on studies that evaluated artesunate + sulfadoxine-pyrimethamine (AS + SP) which is the first-line drug and artemether-lumefantrine (AL) which is a second-line drug against uncomplicated falciparum malaria in Sudan. This evaluation was performed in twenty studies covering six sentinel sites during five successive annual malaria transmission seasons from 2010 to 2015. Methods The standard World Health Organization protocol was used for a follow-up period of 28 days. The frequency distribution of molecular markers for antifolate resistance in dihydrofolate reductase (dhfr) and dihydropteroate synthase (dhps) genes was studied in pre-treatment samples in four sites in 2011. Results In the nine studies of AL conducted at five sites (n = 595), high PCR-corrected cure rates were found, ranging from 96.8 to 100 %. Among the eleven studies of AS + SP (n = 1013), a decline in the PCR-corrected cure rates was observed in Gedaref in Eastern Sudan: 91.0 % in the 2011–12 season and 86.5 % in the 2014–15 season. In the remaining sites, the AS + SP cure rates ranged between 95.6 and 100 %. The rate of clearance of microscopic gametocytaemia after treatment was not significantly different with AL or AS + SP on days 7, 14, 21 and 28 of follow-up. A total of 371 pre-treatment samples were analysed for molecular markers of SP resistance. The temporal changes and geographical differences in the frequency distribution of SP-resistance genotypes showed evidence of regional differentiation and selection of resistant strains. Conclusion The findings of this study call for a need to review the Sudan malaria treatment policy. Epidemiological factors could play a major role in the emergence of drug-resistant malaria in eastern Sudan. Australian New Zealand Clinical Trials Registry Trial registration numbers 2011–2012: ACTRN12611001253998, 2013–2015: ACTRN12613000945729