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.
Zahra Mahmoudi Kordi; Masume Gholami Miansarayi
Abstract
Climate change is considered to be the biggest crisis of the present era, and traditional approaches have not been very effective to deal with it yet. Thus, in recent decades, geoengineering which includes two main methods of carbon dioxide removal and solar radiation management has come to the attention ...
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Climate change is considered to be the biggest crisis of the present era, and traditional approaches have not been very effective to deal with it yet. Thus, in recent decades, geoengineering which includes two main methods of carbon dioxide removal and solar radiation management has come to the attention of countries. Like other emerging technologies, besides its benefits, most important of which to combat climate change, due to scientific uncertainty, they might have harmful effects on the environment. The present article has aimed to describe geoengineering methods and their environmental pros and cons. The findings of the article show that although the geoengineering methods in international environmental treaties are scattered, mostly in the form of implicit expressions, the rules and the actions of member states indicate the different and sometimes contradictory attitudes toward geoengineering, which varies from explicit or implicit approval of some methods, especially in treaties related to climate change, to explicit and implicit opposition of others, such as the Convention on Biological Diversity, the London Protocol, and the Ozone Conservation Convention. This dispersion is so great that a specific legal system cannot be assumed.
Mahdi Mahdavizahed
Abstract
Purpose: The purpose of this paper is to provide a brief overview of ideological approach to family regulations in Islamic Republic of Iran (IRI). Therefore this paper provides basic information and analysis and discusses about family change and variation in contemporary Iran. Design/Methodology/Approach: ...
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Purpose: The purpose of this paper is to provide a brief overview of ideological approach to family regulations in Islamic Republic of Iran (IRI). Therefore this paper provides basic information and analysis and discusses about family change and variation in contemporary Iran. Design/Methodology/Approach: Several approaches have been used to analyze the failure of Iran's legislative policy in family regulation. Findings: The findings of this study imply that the evolution of family institution leads to the formation of individuality as well as value pluralism and consequently deepen the "democratic culture" among Iranians. Demonstrating the interaction of state and family institution it can be claimed that democracy is a dynamic and ongoing process. The results of this study indicate that the evolution of a social institution can make changes in other social institutions which implies that there is a significant relationship between the evolution of social institutions and the formation of the rule of law. Originality/Value: This Article is one of the first attempts to address the role of family change in the formation of rule of law in contemporary Iran. It has tried to provide a basis for understanding and delivering values by referring to social processes which change people’s mindsets.
Arian Petoft; Ahmad Momeni Rad
Volume 17, Issue 47 , October 2015, , Pages 185-204
Abstract
State intervention in the economy has always been a challengingissues in schools of economy and Law.Welfare states, bydirect intervention in economy, took over most of the affairs and caused economic crisisin the West. To curb the downfall, regulatory states emerged, which sought to flourish and facilitate ...
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State intervention in the economy has always been a challengingissues in schools of economy and Law.Welfare states, bydirect intervention in economy, took over most of the affairs and caused economic crisisin the West. To curb the downfall, regulatory states emerged, which sought to flourish and facilitate economic activities by adopting privatization policies and pursued the goal through extensive legislations in myriad areas with the hope to best regulate individual behaviors in the domain of economy. States also happened to grant and empower self-regulatory /autonomous bodies with legislative authorities which was the outset for the emerge of post-regulatory states. This article reviews the Intellectual developmentsconcerningthe extent to which States make intervention in economic affairs from the perspective of public law, through a comparative study ranging from welfare to post-regulatory governments
mehdi rezaei; hamed babazadeh moghadam
Volume 15, Issue 42 , January 2015, , Pages 43-82
Abstract
AbstractNowadays, internet has a pivotal role in supporting the right for freedom ofexpression; by removing the restrictions of publication, search, and access toinformation, it has prepared the ground for the application of this fundamentalright. This new communication tool, like all other social topics, ...
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AbstractNowadays, internet has a pivotal role in supporting the right for freedom ofexpression; by removing the restrictions of publication, search, and access toinformation, it has prepared the ground for the application of this fundamentalright. This new communication tool, like all other social topics, requireorganization through development of enforceable rules and regulations.Undoubtedly, to become effective process, it requires a true knowledge of thespecific characteristics of this media and new communication tools within thecontext of the society. In this essay– considering the current state of the internetand the possible changes that may occur in the short-term and regional andinternational experiences (UNESCO and European Council) – we attempted toidentify and introduce some principles for the codification of internet laws andregulations. It seems that these principles must be regarded in policy making.
