Mirghasem Jafarzade; Soroosh Falahati
Abstract
Extensive research has been conducted on expropriation of foreign investment. However, different methods of expropriating intellectual property of foreign investors have yet to be shed light on by legal scholars. Considering that issuance of compulsory licenses is one of the most important measures in ...
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Extensive research has been conducted on expropriation of foreign investment. However, different methods of expropriating intellectual property of foreign investors have yet to be shed light on by legal scholars. Considering that issuance of compulsory licenses is one of the most important measures in this respect, this article shall focus on compulsory licensing through critical analysis of different approaches in this regard, and an attempt will be made to provide a proper response to the question whether compulsory licenses are regulatory measures or expropriation ending in compensation. The piece will make an effort to achieve this through illustration of current stance of the Iranian legal system, domestic and international regulations and pertinent legal cases. It seems that despite the initial regulatory nature of such licenses, one cannot exclude all instances of granting compulsory licenses from the expropriation provisions. Instead, adoption of a case by case approach along with due consideration of the literature of the treaty and domestic regulations in order to determine whether the measure of government in regard to issuance of such licenses is expropriation or not is recommended.
Hossein Fazli Maghsoudi; zeinalabedin Taghavi Fardoud; Alireza Saberian
Abstract
Property and the resulting rights have always been honored and protected, and of course, restricted and deprived. In the relevant laws and regulations, although property is one of the basic human rights, it may be violated and restricted in some necessities such as securing the public interests of society, ...
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Property and the resulting rights have always been honored and protected, and of course, restricted and deprived. In the relevant laws and regulations, although property is one of the basic human rights, it may be violated and restricted in some necessities such as securing the public interests of society, so that the damage leads to its deprivation and abstraction of property from the owner. The Islamic legislator has tried to expropriate property in accordance with property rights and according to the needs of society. Therefore, measures such as the provision of the Court of Administrative Justice and the Guardian Council have been considered in order to protect private property. In this article, which has been compiled in a library method, we will be in a position to answer the question of how the Court of Administrative Justice can prevent or protect the expropriation of persons, but the result is that the Court of Administrative Justice cannot prevent expropriation alone or without legal protection or fully protect the right to property.
adel ebrahimpoor asanjan; nasim soleymani nejad
Abstract
Governments and governmental organizations have special privileges in concluding contracts to provide the public needs and protect the public interests. One of the privileges that is often addressed in Common Law systems and Commonwealth countries, and it stems from the sovereign power of the government ...
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Governments and governmental organizations have special privileges in concluding contracts to provide the public needs and protect the public interests. One of the privileges that is often addressed in Common Law systems and Commonwealth countries, and it stems from the sovereign power of the government to serve the public interests, is the “doctrine of executive necessity”. The doctrine embodies that, the government may terminate the contract without paying compensation due to some necessities such as policy changes in safeguarding public interests. By singling out the doctrine of executive necessity from similar concepts such as termination by convenience, nationalization, expropriation and force majeure and with having an analytic view in government contracts institution in legal system of Iran and by examining related Acts and Regulations, the existing gaps will be revealed and a proposal will be made to legalize government activities under the contract.
Siamak Karimi
Abstract
Three months after the outbreak of the Coronavirus (Covid-19), more than 200 countries around the world have been infected with this virus. The wide and transboundary dimensions of this disease make it necessary to examine those obligations that States must bear to prevent and compensate transnational ...
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Three months after the outbreak of the Coronavirus (Covid-19), more than 200 countries around the world have been infected with this virus. The wide and transboundary dimensions of this disease make it necessary to examine those obligations that States must bear to prevent and compensate transnational harm in general and those originated from the pandemic in particular. This article tries to define the scope of the States’ obligations. The most common cause of Corona is related to the sale and purchase of some wild animals in China's Wuhan Wet Market, but since the exact cause of the Corona virus has not yet been exactly determined, this article examines the States' commitment to prevent and compensate Corona’s transboundary damages in two hypothetical scenarios to cover all aspects of this issue. In the first hypothetical scenario, assuming the effect of the Wuhan Wildlife Wet Market in China, the obligation of the State of origin (China) to prevent and compensate for Covid-19 is being examined. In the second one, it is assumed that there is no specific cause for the disease, and then the general commitment of States to prevent transboundary harm is studied.
Atiyeh Shah hosseini; Ali Mashhadi
Abstract
Compensation of transboundary environmental damages, especially in the case of hazardous activities is one of the complex issues of international environmental law. Sometimes in spite of taking all preventive measures, some authorized and legitimate activities of States that are generally dangerous can ...
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Compensation of transboundary environmental damages, especially in the case of hazardous activities is one of the complex issues of international environmental law. Sometimes in spite of taking all preventive measures, some authorized and legitimate activities of States that are generally dangerous can cause irreparable damages to other subjects of international law and especially to the environment. For as much as these activities are not prohibited, the traditional systems of civil responsibility are not effective when dealing with the compensation of environmental damages. Therefore, the development and codification of particular system of compensation for environmental damages is inevitable. The result of international community's effort in this context is the approval of draft of International Law Commission titled Draft Principles on the Allocation of Loss in the Case of Transboundary Harm Arising out of Hazardous Activities, with Commentaries 2006” declaring that the State is responsible and obliged to prevent and the operator of hazardous activity is obliged for compensation of the damages under circumstances to commit such acts
