Ius Humani. Law Journal 2018-03-17T18:24:12-04:00 Juan Carlos Riofrío Martínez-Villalba Open Journal Systems <p><em>Ius Humani Law Journal</em> (<a href=""></a>) is a platform open to researchers around the world. It contains articles in all languages, where writers publish original studies on person’s rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies are viewed both form the philosophical perspective and the perspective of the fundamental juridical principles. Ius Humani’s purpose is the diffusion of knowledge, and the promotion of debate on different juridical perspectives.</p> <p>Papers are subjected to double blind review. The Web version. The electronic Journal is continuously updated. With the online first system, once a paper is accepted it is immediately published on the web. On the other hand, the printed version is published anually from 2016 (before that year was biennial).</p> <p>Ius Humani is widely known in the scientific medium. It can be found on renowned indexes such as <a href="">LATINDEX</a>,&nbsp;<a href="">Academic Search Premier</a>,&nbsp;<a href="" target="_blank">Advance Sciences Index</a>,&nbsp;<a href="" target="_blank">Cosmos Impact Factor</a>,&nbsp;<a href="">Dialnet</a>,&nbsp;<a href=";issn=1390440X">DOAJ</a>,&nbsp;<a href="">DRJI</a>,&nbsp;<a href="">EBSCO Legal Source</a>,&nbsp;<a href="">Emerging Sources Citation Index</a>,&nbsp;<a href="">ERIH Plus</a>,&nbsp;<a href="" target="_blank">Fuente Académica Plus-EBSCO</a>,&nbsp;<a href="">Global Impact Factor</a>, <a href=";q=%22ius+humani%22&amp;btnG=&amp;as_sdt=1%2C5&amp;as_sdtp=">Google Scholar</a>, <a href="">Heinonline</a>, <a href="">I2OR</a>, <a href="">Infobase Index</a>, <a title="Indonesian Publication Index" href=";mod=viewjournal&amp;journal=10392" target="_blank">IPI</a>,&nbsp;<a href="">JournalTOCs</a>, <a href="">Miar</a>, <a href="" target="_blank">Microsoft Academic</a>,&nbsp;<a href="">OAJI</a>, <span style="text-decoration: underline;">OCLC</span>, <a href="">REDIB</a>, <a href="">Saif</a>, <a href="">Ulrich’s</a>, <a href="">VLex</a>,&nbsp;as well as many other international catalogs and portals&nbsp;(such as COPAC, SUDOC, ZDB, JournalGuide, etc.).</p> Is the Current System of Criminal Procedure of Iran Efficient? 2018-03-17T18:20:55-04:00 Mehdi Fazli Jalaleddin Ghiasi Mohammad Khalil Salehi <p>This paper is a study about the efficiency of the criminal system designed in the new Criminal Procedure Code of Iran, that came into effect on June 22, 2015. Notwithstanding the notable legislator’s efforts, infrastructural and structural reforms have not been carried out. Accordingly, it is not expected to be as efficient as the previous laws due to the lack of fundamental reforms; reforms caused the improvement in “low-level efficiency” (saving resources in the economic sense) rather than in the “high-level” one (saving resources plus developing more justice). The analysis of the efficiency of the Code and proposal of fundamental reforms for having a high-level efficient Criminal Law in Iran are the main objectives of this paper. After an introduction (Chapters I and II), we made a historical approach of the Iranian system in this matter (Chapter III). Then, we analyze three types of efficiency (Chapter IV), attending to some infrastructural elements, some structural factors and other procedural aspects. At last, we synthetize four conclusions (Chapter V). Main conclusion is that efficiency in the system of criminal procedure would be only on low-level.</p> 2018-02-03T13:01:31-05:00 ##submission.copyrightStatement## The jurisprudential foundations of Iran’s criminal policy concerning the spread of prostitution covered in the 2013 Penal Code 2018-03-17T18:23:02-04:00 Ardavan Arzhang Abozar Abozar Fadakar Davarani Mohammad Nozari Ferdowsieh <p>The legislator has acted to criminalize the field of public chastity in order to preserve public morality; one of these cases considers prostitution. Publication of some news and images, especially those that may appear today in various mass media, such as Internet websites, certainly leads to the dissemination and spread of content that contradicts public morality and ethics, that confronts ethical norms and values. That’s why the publication of such information is prohibited by law. Concerning the spread of prostitution, this paper analyzes two instances of abuse, that contradict public morality and are related to each other. The main question in this paper is, what does the Iranian criminal policy do against the spread of prostitution, covered in the Islamic Penal Code approved in 2013? After an introduction (Chapter I), we analyze some jurisprudential concepts and principles related with this matter (Chapter II). In Chapter III we see some examples of the spread of prostitution in domestic law. Finally, we take care of the role of corruption in the spread of prostitution (Chapter IV) and then we resume some conclusions (Chapter V).</p> 2018-02-02T22:54:12-05:00 ##submission.copyrightStatement## A comparative study of separability of arbitration clause under main contract of LIca and the UNCITRAL model law 2018-03-17T18:24:12-04:00 Atefeh Darami Zadeh Shapur Farhangpur <p>The aim of the paper was to investigate the independence of the arbitration clause from the main contract in the International Commercial Arbitration Law of Iran with a comparative study in the UNCITRAL model law. The effectiveness of this type of procedure, its coordination with the specific objectives and the special status of international traders has led to their increasing willingness to use this legal solution. We use a comparative method, quasi-experimental, to describe similarities and differences in variables in two or more existing groups in a natural setting; it resembles an experiment as it uses manipulation but lacks random assignment of individual subjects.&nbsp; This study begins analyzing international arbitration and the UNCITRAL model rules (Chapters I to VI), then reviewing the national arbitration (Chapter V); thus, the effects of the principle of independence of the arbitration clause can be seen (Chapter VII) and, later, the problems that arise (Chapters VIII to X). Even so, the main conclusion is that the parties usually agree to resolve their international disputes through arbitration, which is judged privately and universally accepted.</p> 2018-02-02T13:04:59-05:00 ##submission.copyrightStatement## Cover page, index and policies 2018-03-14T17:33:13-04:00 Juan Carlos Riofrío Martínez-Villalba 2018-01-28T16:42:19-05:00 ##submission.copyrightStatement##