Hossein Salimi
Volume 2, Issue 3 , October 2001, , Pages 295-316
Mohammad Bagher khoramshad
Volume 1, Issue 1 , September 1999, , Pages 315-335
ata allah salehi
Abstract
Sometimes the experience of women is an unpleasant combination of marginalization, violence and cultural domination. To ethically encounter with this situation, one approach is equality; however, its content is controversial due to its open source text. Equality is a descriptive concept, and normative; ...
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Sometimes the experience of women is an unpleasant combination of marginalization, violence and cultural domination. To ethically encounter with this situation, one approach is equality; however, its content is controversial due to its open source text. Equality is a descriptive concept, and normative; within the form of a descriptive concept, it refers to a descriptive relationship between two individuals who are similar in some respects. In the normative sense, that belongs to the world of credit and prescribes a particular behavior to all, it is related to our understanding of what should be and is based on desired value which is often "justice". In international law, among the three discourses of equality (capabilities, rights and human capital), the rights is recognized in the framework of the primary rules and through treaties, custom and judicial procedures, which are the formal sources of this legal system, but fails in the actual sources of international law and its secondary rules .This research, by descriptive-analytic approach, shows equality as a legal general principle; its forms, and its relation to the concepts such as discrimination, difference, agency, empowerment and investigates its position among the primary and secondary rules of international law.
pezhman mohamadi
Volume 12, Issue 29 , April 2010, , Pages 387-416
aramesh shahbazi
Volume 12, Issue 29 , April 2010, , Pages 115-160
moHAMAD ramazanighavamabadi; aramesh shahbazi
Volume 12, Issue 29 , April 2010, , Pages 116-160
carlo tolio
Volume 5, Issue 8 , March 2002, , Pages 189-215
MOHAMMAD Hassan sadeghimoghadam; abdullah rajabi
Volume 13, Issue 34 , September 2011, , Pages 229-330
hassan movasaghi
Volume 11, Issue 26 , April 2009, , Pages 319-354
ali asghar mostafavi
Volume 1, Issue 1 , September 1999, , Pages 335-353
Javad salehi
Abstract
Creation of Marine Protected Areas on the High Seas is one of the United Nations goals in new executive agreement that its dimensions are subject of this study. Main question is that the UN's ahead Challenges in the creation and management of Marine Protected Areas on the High Seas? Findings of this ...
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Creation of Marine Protected Areas on the High Seas is one of the United Nations goals in new executive agreement that its dimensions are subject of this study. Main question is that the UN's ahead Challenges in the creation and management of Marine Protected Areas on the High Seas? Findings of this study indicate that the achievement of this goal requires the prediction of effective enforcement mechanisms and the obligation of all governments and the International Maritime Organization, Regional Fisheries Management Organizations and the International Seabed Authority to identify, implement and adhere to constraints governing of Marine Protected Areas on the High Seas. However, the requirement and coordination between different parts of the law of the seas faces challenges that are rooted in dispersed, different, and inconsistent mechanisms. Establishing a consensus and balance between ahead capacities and covering it in High Seas requires a present missing’ serious will and consensus.
komil mansor
Volume 5, Issue 8 , March 2002, , Pages 215-237
hamidreza holoumiyazdi; babak babazadeh
Volume 12, Issue 29 , April 2010, , Pages 225-270
morteza tabibi; hamidreza kalantari
Volume 13, Issue 34 , September 2011, , Pages 331-346
Ali Rezaee
Abstract
Marine renewable energies are a form of renewable energy deriving from the various natural processes that take place in the marine environment and unlike non-renewable energy (fossil), capable of being by nature a short period of time, there again, or to be renewed. Because the use and operation of this ...
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Marine renewable energies are a form of renewable energy deriving from the various natural processes that take place in the marine environment and unlike non-renewable energy (fossil), capable of being by nature a short period of time, there again, or to be renewed. Because the use and operation of this energy is required to comply with standards and specific requirements, in this article we have tried to examine its rights and obligations of countries. In this regard, based on The 1982 United Nations Convention on the Law of the Sea (UNCLOS), the legal system governing the various maritime areas of the internal waters, territorial sea, exclusive economic zone, continental shelf and the high seas has been separated. The results show that depending on the area of the sea those renewable energy installations where it is established, rights and obligations is different. Most requirements related to protection and preservation of the marine environment and safety of navigation and most points is awarded to the high seas.
pouria asgari
Volume 13, Issue 34 , September 2011, , Pages 347-376
hojatollah mansouri; abbas mirshekari
Volume 12, Issue 29 , April 2010, , Pages 417-442
naser ghasemi; felora heidari
Volume 13, Issue 34 , September 2011, , Pages 377-400
reza vijeh
Volume 12, Issue 29 , April 2010, , Pages 443-480
seyed mohammad mehdi ghaboli darfshan; saeid mohseni
Volume 13, Issue 34 , September 2011, , Pages 401-426
Public Law
Javad Yahyazadeh; Mohammad Mohammadi Gorgani
Abstract
Introduction
Universalism stands as a cornerstone in the realm of human rights, representing both a fundamental and contentious principle. Its significance lies in being foundational, shaping the minimal framework of international human rights law and influencing various international documents and ...
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Introduction
Universalism stands as a cornerstone in the realm of human rights, representing both a fundamental and contentious principle. Its significance lies in being foundational, shaping the minimal framework of international human rights law and influencing various international documents and declarations. However, it also sparks controversy due to the fact that human rights often reflect a specific perspective, rooted in the modern, liberal, democratic, and secular traditions of the West. It can be argued that constitutionalism, the prevailing paradigm in contemporary legal systems, is an accomplishment resulting from the historical evolution of the conceptof right, human experiences during the Age of Enlightenment, and, notably, the technological advancements spurred by the Industrial Revolution in the West.
Nonetheless, constitutionalism confronts substantial challenges in the contemporary era. For example, unamendable rules are the institution acknowledged in most constitutions. Noteworthy instances include the recognition of human dignity in Germany, republicanism and secularism in France, theocracy in Iran and Afghanistan, the separation of powers in Greece, territorial integrity in Madagascar, and political pluralism in Portugal and Romania. In “Constitutional Handcuffs,” Richard Albert, a preeminent scholar in this field, states: “The advent of the written constitution has given rise to an enduring tension in constitutional statecraft pitting constitutionalism against democracy” (2017, p. 18). However, the constitutional unamendability, facilitated through entrenchment clauses, entails the freezing of certain constitutional articles or fundamental values, potentially sidelining democratic principles and popular choice.
The present study aimed to explore the relation between constitutional unamendability and the universal values of human rights. The pivotal question revolves around whether constitutional designers have the authority to shield any value from popular amendment, potentially compromising democracy to a significant extent. The acknowledgment of a relation between the universal values in human rights and the incorporation of unamendability in the constitution would imply that constitutional designers are only allowed to entrench the universal values by superconstitutional provisions, thus imposing restrictions on democracy.
Literature Review
There are significant contributions about universality of human rights and unamendable constitutional rules. Notable among these are: the book titled Contemporary Human Rights written in Persian by Mohammad Qari Seyed Fatemi and the English paper titled “Origins and Universality in the Human Rights Debates: Cultural Essentialism and the Challenge of Globalization” by Michel Goodhart (2003). Richard Albert’s outstanding book titled Constitutional Amendments: Making, Breaking, and Changing Constitutions (2019) also serves as a key reference about constitutional unamendability. Despite these valuable contributions, there remains a gap in research concerning the relation between universalism of human rights and constitutional unamendability. Furthermore, it seems there is not a serious study addressing the approach of the Islamic Republic of Iran in this regard. Consequently, the present article stands as an innovative endeavor, as it seeks to delve into the unexplored relation and sheds light on the unique perspective of the constitutional designers in the Islamic Republic of Iran.
Materials and Methods
This study falls within the category of normative legal research. Normative legal theory seeks to offer a pure, self-sufficient explanation of the law, analyzing values, concepts, principles, rules, models, and argumentations in the legal doctrine. In this line, the present analysis relied on relevant theories and doctrines to examine the relation between universalism of human rights and constitutional unamendability.
Results and Discussion
The origins of the emergence of universalism principle in contemporary human rights can be traced back to the profound debates between two trends in philosophy and ethics: deontological ethics and utilitarianism. In Kant’s philosophy, the concept of right is articulated in a manner synonymous with human rights, warranting the characterization of Kant’s philosophy as a philosophy of human rights in the exact sense of the word. Kant ascribes a transcendental status to morality, giving rise to the notions of transcendental human and universal human rights. According to Kant, moral rules grounded in duty possess absolute generality akin to natural laws; in other words, they cannot be taken as exceptions. This is where Kant introduces the concept of the absolute in his philosophy. His most explicit proposition in this context was formulated as follows: “Act only in accordance with that maxim through which you can at the same time will that it become a universal law”.
Nevertheless, the philosophical perspective of utilitarianism challenges Kant’s approach and presents thoughtful criticisms. Hegel, for instance, underscored the formal and abstract character of Kant’s philosophy, contending that social ethics finds no place in Kant’s intellectual framework. Hegel acknowledged the impracticality of Kant's philosophy, asserting its incapacity to formulate practical rules. Drawing from philosophical hermeneutics, Gadamer similarly scrutinized Kant’s concept of the absolute and his idea of universalizability. Gadamer actually placed emphasis on the spatiotemporal understanding of humanity and regarded a transhistorical and transgeographical understanding as, at the very least, contentious.
Moreover, unamendable constitutional rules are those roles that are by no means subject to modification and change as understood by the founders of a given legal–political system. Essentially, the only way to amend these rules involves a fundamental transformation in the nature and foundational values of the legal–political regime. As evident, there exist shared principles regarding the substance of unamendable constitutional rules in progressive legal systems, all converging on the central notion that values emanating from constitutionalism and universalism should be entrenched and safeguarded against amendment.
Conclusion
According to the research findings, acknowledging the universality of human rights hinges on recognizing the unique nature of the human and its capacity for transhistorical and transcultural thinking. Additionally, unamendable constitutional rules, as a pivotal aspect of the constitution, pose a significant challenge to constitutionalism. Aimed at safeguarding the achievements of constitutionalism, these rules restrict citizens from exercising their right to self-determination. Examples of such rules include human dignity, fundamental rights, democracy, separation of powers, and political and religious pluralism. The present research indicated that unamendable constitutional rules in modern constitutions are the logical-cum-historical consequence of the principle of universalism, all sharing common core elements. Consequently, global constitutions are not allowed to define the content of unamendable constitutional rules as contradictory to the values of constitutionalism and universalism. This phenomenon has propelled a shift towards transnational constitutionalism. Furthermore, the research findings shed light on the approach of the Constitution of the Islamic Republic of Iran. Article (177), in a contradictory and somewhat paradoxical stance, acknowledges certain core elements of unamendable constitutional rules aligned with the principle of universalism. Meanwhile, it recognizes several subjects, which diverge from universalism, given their distinct intrareligious and intralegal values. This inevitably necessitates efforts towards amendments and integration, propelling a move towards transnational constitutionalism.
Keywords: Universalism of Human Rights, Unamendable Constitutional Rules, Transnational Constitutionalism
International Law
Vahid Salehi; Mohammad Hashemi; Seyed Ghasem Zamani
Abstract
IntroductionThe present article deals with the study and review of the theoretical foundations and practical practice of the International Criminal Tribunal for former Yugoslavia and Rwanda courts in dealing with the concept of legal security. Since security, as a situation that brings forth mental ...
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IntroductionThe present article deals with the study and review of the theoretical foundations and practical practice of the International Criminal Tribunal for former Yugoslavia and Rwanda courts in dealing with the concept of legal security. Since security, as a situation that brings forth mental and intellectual peace of a person, has legal effects on social relations, it has been attended to by the legal, legislative, and judicial systems of the countries since a long time ago, and the mechanisms for its establishment have been set out to guarantee the fundamental rights of people. The destruction of domestic governmental and non-governmental organizations, especially the judicial system in the two mentioned territories (the former Yugoslavia and Rwanda), highlights the domestic inability of these countries to establish transitional justice and national reconciliation between the militant groups and the survivors and victims of international crimes. These courts were created as a part of the global strategy to end violence and prevent its reoccurrence, establish justice in the mentioned territories, and establish international peace and security. therefore, by anticipating the most important aspects of the protection and guarantee of the fundamental rights and freedoms of individuals (including the accused, suspects, convicts, victims, and witnesses), the goal of legal security has been made possible to reach.The main question of the article is, what impact have the mentioned courts had on the establishment of the principle of legal security in the international arena and the relevant countries? Literature ReviewAlthough many books, treatises, dissertations, and articles have been authored on each of the topics of this research on both the domestic and international stage, the research method of this essay that considers the function of these two international criminal courts in the creation of this principle is unprecedented. Therefore, the following article is new research. finding a solid and meaningful link between the objective criteria of the principle of legal security and the decisions and opinions of the courts in their judicial proceedings is the main innovation of the present research. The purpose of this research is to show the practical approach of the mentioned international criminal courts towards legal security. Methodologythis research is both an "applied research" and a "fundamental" one in terms of its purpose, results, and use. The research method is "descriptive and analytical" in terms of the nature of the subject and the method of analysis. The data collection has been through library research, i.e., reference to academic and personal libraries, legal research centers, and accessing books, articles, theses, magazines, academic theses, and websites.Accordingly, We Will Discuss the Following The Concept of Security in the Domestic and International ArenaIn general, security is a situation where a kind of reasonable and proportionate link is between the demands and the possessions of the actors in a political and legal community which ultimately leads to the satisfaction of those actors. The concept of legal security has entered the international arena from the domestic laws of the countries, and various forms of human security have been met with the approval of the most important international documents (such as the Universal Declaration of Human Rights, the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights). Sub-principles Resulting from the Legal SecurityAlthough in terms of the diversity of the legal, political, economic, social ,and cultural concepts and trends, it is not possible to present afixed ratio and connection between the protection of citizenship rights and legal security, in general, there are legal regulations and legal criteria in the legal system of countries which are not only secondary to the principle of legal security but are also its constituent elements, and in terms of importance in the legal literature, they are interpreted as "principles". What is meant by the sub-principles arising from the principle of legal security is these rules and criteria which can be categorized into the two forms of principles that guarantee the quality of laws (such as the principles of transparency and ease of access to laws) and the principles that guarantee the legal status of individuals (the principles of predictability of laws and the presumption of innocence). The first group is the principles that protect the rights of citizens, And the second group protects the legal security of the citizens against the government’s power and are actually the supporters of fundamental individual freedoms. The stronger the mechanisms of safeguarding individuals’ fundamental rights, the stronger and more stable their security against the government is. The practice of the International Criminal Courts of the Former Yugoslavia and Rwanda in facing the said principles is:1-3. The principles that guarantee the quality of the lawsThese are the principles that contain the components of the laws in expressing the rights and duties of persons. The significant feature of these principles is that not only must laws be clear and understandable to individuals, courts, and states, but they also must be easily accessible. Transparency of the laws and ease of access to them are among the most important principles that guarantee the quality of laws. Not only the compliance of the laws, regulations, statutes, and procedures of the two Criminal Courts to the international standards and human rights has added to the richness of their quality, but also the practical practice of the said courts in removing the ambiguity and clarifying the laws and also facilitating access of users and actors to the rules and regulations has established and increased legal security.2-3. The Principles that Support the Legal Status of PeopleThese principles are related to the stage of applying laws and regulations. The main function of the aforementioned principles is to maintain the status created for individuals by the legal norms. The principle of predictability of laws is one of the most important of these principles, which are set out in the statutes, rules of procedure, and evidence of specific criminal courts and have manifested in the practice of those courts.4. ConclusionIn hearing and deciding important cases such as; Tadić, Ekaiso, Hasanović, Blaskić, Simić, Selbići and Delalić, Erdemović, Kernojlač, Milosevic and Berdjanin, The mentioned International Criminal Tribunals have set the ground for the establishment and promotion of legal security at both the domestic level of these countries and in the international arena by clarifying and removing the ambiguity from the laws and regulations, promoting the principle of ease of access = to laws, employing the presumption of innocence principle, observing the international human rights and resorting to customary international norms regarding the extension of laws to former criminal behaviors, and by compliance with the principle of predictability of laws (despite the legal and judicial challenges in this field), while preventing the impunity of the perpetrators of international crimes under their jurisdiction.Keywords: Legal Security, International Criminal Tribunals, Former Yugoslavia, Rwanda, Innocence, Ease of Access to Laws.
Public Law
Mohammad Sadegh Farahani; Abasali Kadkhodaei; Vali Rostami
Abstract
1. IntroductionThe expansion of the Internet and its ever-increasing rate along with the rise of smart mobile phones have made Internet-based businesses one of the inseparable sectors of today's economy. The part that this type of business plays in today’s world economy is so much that now the ...
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1. IntroductionThe expansion of the Internet and its ever-increasing rate along with the rise of smart mobile phones have made Internet-based businesses one of the inseparable sectors of today's economy. The part that this type of business plays in today’s world economy is so much that now the top companies in the world, in terms of capital and market value, are companies in the field of digital economy. This is a reality that Iran will also face in the not-too-distant future; then, companies in the field of digital economy will take a significant share of the market. So, today, it is especially necessary to pay attention to the issue of competition in digital platforms and to set the appropriate rules to govern them. Literature ReviewUntil the writing of this article, most of the issues raised in Iran's competition law are devoted to the examination of rules governing competition in traditional markets. Only one article titled "Competition Council and Internet Businesses" by Zarei et al. (2019) has been written in relation to platform markets, and this work is also based on the traditional rules of competition law and regardless of the specific challenges of this field. Analysis of the vote number 306 of the Competition Council. Therefore, it can be claimed that the explanation of the characteristics and challenges of platform markets and its effect on the regulation of competition in this field, which is examined in this article, qualifies as innovation. MethodologyIn order to correctly set the new rules applicable in the field of digital platforms’ competition, it is necessary to go through a three-stage system: first, we must get a correct understanding of the prominent features of the digital platform markets that affect the issue of competition. In the second stage, the competitive challenges arising from these characteristics, with which the traditional rules are not able to fully deal, should be examined and evaluated; and finally, new rules of competition in the field of platform markets based on the aforementioned characteristics and challenges should be put in place.As the title of the article suggests, the purpose of this article is to explain and analyze the first and second stages of the aforementioned process to show the deficiency of traditional rules in response to the competitive challenges of the field of digital platforms and the necessity of revising them. For this purpose, after explaining the meaning of "platform" and its conceptual evolution over time (the first part), the prominent features of digital platforms that affect the issue of competition are counted, identified, and evaluated (the second part) and finally, the challenges due to the aforementioned characteristics and the inadequacy of the traditional rules in response to them will be explained (part three) to prove the necessity of revising the traditional rules of competition law in the field of platform markets. ConclusionBased on the findings of this article, the main economic features of digital platforms are such as "the network effect", "reduction of transaction costs", "replacement of ownership with access", "fragmentation of supply and demand", "economy of scale and economy of significant scope", "simultaneous improvement of economies of scale and personalization" and "fundamental importance of data". Although they are not entirely new and traces of them can be seen in traditional markets, their simultaneous presence in digital platforms makes the market tend towards them. In addition, this problem may be aggravated by the actions of digital platforms to strengthen and expand their position in the market. It is noteworthy that none of the aforementioned features that have led to the occurrence of the mentioned challenges have been recognized in the traditional rules of competition as an obstacle to entering the market or as an anti-competitive practice. Therefore, the first competitive challenge of platform markets, which requires the regulation of appropriate rules, is the growing monopoly of these markets. Naturally, the most suitable solution to get out of this situation is to recognize the aforementioned features as specific types of entry barriers for digital markets.It should also be kept in mind that the preliminary stages to apply anti-competitive rules and guaranteeing them in digital platform markets face serious challenges. In these markets, it is not possible to identify the product as easily as it is in traditional markets, and the application of the conventional SSNIP test cannot be applied to many platforms that offer zero-price services or two- or multi-modal platforms. This makes it a serious challenge to recognize the exact share of the platform in the market and, accordingly, to recognize the market power. It seems that the transition from "quantitative criteria" to "qualitative criteria" is the way out of such challenges.Also, following the traditional rules in recognizing the anti-competitive behavior of platforms, causes many platforms to be accused of aggressive pricing at the very beginning due to having zero marginal cost. In addition, the existence of the aforementioned features has facilitated the conditions for committing anti-competitive acts, such as establishing exclusive conditions in the transaction, selling a package of products, collusion, etc. It seems that the requirement to overcoming such challenges is to promote ex-ante regulations along with the implementation of the current (mostly a-posteriori) regulation model.Finally, it seems that the simultaneous presence of these features in digital platforms has largely led to the reemergence of traditional issues of competition law as current issues, and this will consequently require a review of competition laws in this area, as countries such as the United States, China, and the European Union have followed the same path.
Public Law
Seyed Naser Soltani; Faezeh Salimzadeh Kakroudi
Abstract
IntroductionConstitutions hold the status of being national treasures, cherished for their intrinsic value and their material significance. Prior to the formal inscription of written constitutional texts, foundational principles often took shape in the guise of established customs. Yet, the passage ...
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IntroductionConstitutions hold the status of being national treasures, cherished for their intrinsic value and their material significance. Prior to the formal inscription of written constitutional texts, foundational principles often took shape in the guise of established customs. Yet, the passage of time has highlighted the constraints of fixed principles when confronted with the dynamic demands of evolving societies and emerging generations. Should these principles fail to evolve in sync with contemporary concerns, even the most meticulously crafted written constitution risks becoming an archaic relic, relegated to obscurity on library shelves. Constitution Revision functions as an equilibrium between the twin poles of stability and transformation. It serves as a counterbalance that wards against the pitfalls of constitutional instability and ceaseless amendment, while simultaneously safeguarding the elasticity that codified principles. need to accommodate evolving circumstances The concept of constitutional revision is mentioned in the texts of codified constitutions in many legal systems. However, unwritten constitutional adjustments and revisions remain. Notably, in Iran, the interplay of customary transformations alongside formal amendments revealed an intriguing omission—namely, the absence of explicit reference to constitutional revision in the face of shifting societal paradigms. A parallel scenario arose post-Islamic Revolution when the developing Constitution of the Islamic Republic of Iran neglected to incorporate a provision for the revision of its textual framework. Only after the decree of Ayatollah Khomeini (RA) was the principle of revision formally enshrined within the constitution's text. Yet, despite this articulation, after more than three decades this principle still lays dormant. Simultaneously, in reality and practice, there have been undeniable modifications to the implementation and utilization of certain constitutional principles, alluding to a state of "unofficial" revision that contrasts with the structured processes outlined in the Constitution. The Comprehensive Nature of Constitutional ChangeA constitution, despite its comprehensive purview, seldom possesses the capacity to encapsulate the entirety of a political system. Irrespective of its encompassment of legal principles, even the most autocratic or democratic political framework grapples with the challenge of reflecting the evolving tapestry of political changes within the confines of a constitution. In instances where a nation's constitution remains ostensibly unaltered over prolonged periods, the possibility of a subtle, unwritten evolution looms large. This article tries to elucidate the framework of informal constitutional modification through established customs. Drawing from historical precedents predating the Islamic Revolution, as well as post-revolution occurrences, alongside a comparative exploration of revision experiences in global jurisdictions, the article embarks on a quest to address the central query: Can the constitution undergo revision by way of constitutional customs? Research BackgroundRegarding unwritten constitutional principles, the specific concept of constitutional revision remains shrouded in relative obscurity, with an absence of comprehensive articles or treatises delving into its intricacies. Iranian legal scholars, while contributing to the discourse surrounding formal revision within the constitution, have largely overlooked its informal, customary dimensions. MethodologyThis article embraces a descriptive-analytical methodology, an approach that holistically examines the subject matter in both its historical and contextual dimensions. The descriptive aspect entails a meticulous dissection of the historical progression of unwritten constitutional revision, tracing its evolution from pre-revolutionary times to the contemporary landscape. This chronological expedition provides invaluable insights into the genesis, evolution, and possible trajectories of unwritten revision. on the other hand, the analytical dimension engages in cross-examination of these historical occurrences, thereby identifying patterns, disparities, and commonalities that serve to shed light on the possibilities of informal constitutional change. This dual-method approach fosters a comprehensive comprehension of the subject matter by situating it within both its historical and contemporary setting. ConclusionAmendment and review of legal statutes are an essential part of societal development. The underlying philosophy of legislative endeavors centers on catering to societal needs, and as long as these needs persist, the volume of legal regulations inevitably increases. However, refinement and revision of existing laws rather than a sheer accumulation of statutes is an astute strategy. While the process of altering a constitution is inherently intricate, at its core, it is a form of legislation that demands responsiveness to contemporary demands. When textual revisions are hindered or fall short of aligning with the evolving demands, customary revision acts as a potential alternative. The identification and utilization of foundational customs play a pivotal role in the process of constitutional amendment. Nonetheless, caution must be exercised to prevent the misuse of these customs as tools for political manipulation. These fundamental customs, when synchronized with the tenets of governmental institutions, political actions, and the constitution's fundamental spirit, can facilitate the refinement and adaptation of core legal texts. The ambit of their influence, however, is subject to the limits and powers of governmental bodies and political actions. However, they cannot overrule the individual liberties enshrined within the constitution. In essence, these customs should function as instruments of societal progress in harmony with prevailing needs, rather than mechanisms for advancing political agendas.
Maryam Farzi
Abstract
Governments sometimes attempt directly to research and sometimes sponsor them based on their interests and reasons. The legal system governing the funded researches’ results and findings is one of the most important and effective factors in exploiting intellectual properties. Some States ...
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Governments sometimes attempt directly to research and sometimes sponsor them based on their interests and reasons. The legal system governing the funded researches’ results and findings is one of the most important and effective factors in exploiting intellectual properties. Some States have enacted special intellectual property rules for publicly funded research which is divided into two main models: Institutional-ownership and inventor-ownership models. In institutional-ownership model, the recipient institute of fund is the owner of the intellectual property. This model was appeared in Bayh-Dole Act in the US, afterwards it spread to the other countries. In Inventor-ownership model, inventors and creators are recognized as the owner of intellectual property, although public institutes funded the research. Professor’s privilege rule which is used in some European countries, could be considered as an inventor- ownership model. Although in the last two decades, global trend is in adopting institutional-ownership model and even several countries with inventor-ownership model changed their legal system to the system, but still some countries emphasize on efficiency of inventor-ownership model. Meanwhile, problems of institutional-ownership model changed the direction of attentions toward inventor-ownership model in the past few years.
