Mohammad Reza Vijhe; Arian Petoft
Abstract
With the advent of globalization and post-regulatory States that enhance social relations and communications at the national and international levels, various political, economic, social and cultural powers have been emerged resulting in the appearance of a pluralistic sovereignty. Intellectual and philosophical ...
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With the advent of globalization and post-regulatory States that enhance social relations and communications at the national and international levels, various political, economic, social and cultural powers have been emerged resulting in the appearance of a pluralistic sovereignty. Intellectual and philosophical foundations of this matter is well evident in Foucault's thought. Therefore, with the study of sovereignty in the area of global governance and post-regulatory States, and explaining the philosophical roots of the post-modern concept of sovereignty in Foucault's thought, it is revealed that the concept of sovereignty is deeply changed in meaning; and so, this paper attempts to analyze this new concept of sovereignty. Moreover, the understanding of recent concept of sovereignty to determine future policies and laws of the society deems significant. Focusing on public law, the postmodern concept of sovereignty is portrayed in this paper.
Mehdi Zahedi; Mohammad Hossein Erfan Manesh; Mahmoud Abasi
Abstract
Undoubtedly, one of the most significant changes in the patent system is the recent EU Member States’ agreement on signing and approving the regulations concerning new unitary patent system. On the basis of this agreement, after the grant of patents by European Patent Office, there would be no ...
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Undoubtedly, one of the most significant changes in the patent system is the recent EU Member States’ agreement on signing and approving the regulations concerning new unitary patent system. On the basis of this agreement, after the grant of patents by European Patent Office, there would be no need for patentees to validate their patents for which unitary effect has been requested in the territory of participating EU Member States. This agreement also includes the creation of Unified Patent Court with exclusive jurisdiction over unitary patents and European patents throughout member States. Due to the importance of this agreement, the identification and clarification of its legal and economic impacts on the policies of the industries and companies in regard to research, innovations and commercialization of patented inventions is deemed to be imperative. This Article tries to study the details of this agreement and analyses legal consequences of the establishment of the new patent system in Europe.
Mohammad Javad Javid; mostafa Shafizadeh Kholenjani
Abstract
Nowadays, it is very common to simply talk about the "relativity" of human rights. Perhaps this relativistic approach might be the unintended consequence of a situational looking at human rights. Since there is no common and correct boundary between the human rights and civil rights, it has inevitably ...
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Nowadays, it is very common to simply talk about the "relativity" of human rights. Perhaps this relativistic approach might be the unintended consequence of a situational looking at human rights. Since there is no common and correct boundary between the human rights and civil rights, it has inevitably fallen into the trap of relativism that had been opposed to its primary and universal objective. This boundary which paves the way for any relativistic interpretation of international instruments makes the assumption of the present article. Therefore, given the relativity of human rights, it may not be deemed universal. To this end, this paper goes on to establish a universal law based on the recognition of an anthropology of human rights in which in every age and every place, the essence of human nature is deemed.
Mahmoud Bagheri; Hedayat Farkhani; Seyed Mohammad Tabataba'i Nejhad
Abstract
Banks play an important role as an intermediary in the financial system between
the lenders and applicants of financial sources. They absorb the financial
sources of customers and present them to applicants. Their financial relations
are arranged on the basis of the credit rating of their applicants. ...
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Banks play an important role as an intermediary in the financial system between
the lenders and applicants of financial sources. They absorb the financial
sources of customers and present them to applicants. Their financial relations
are arranged on the basis of the credit rating of their applicants. The financing
restrictions and complexity of banks relations and inherent risk of financing
have made the banks to design a model to fund their financial sources and
distribute their various risks. One of these models is financing by using
syndicated loans. Since most of the big projects need a high amount of financial
sources, the use and significance of syndicated loans is increasing. In this paper,
we tried to examine the concept and structure of syndicated loans by using an
analytical and descriptive model which explains the necessity of using this
method in the legal and economic system of Iran. We concluded that the main
reasons given for non-use of this method are the lack of adequate legislations in
this field and the absence of information transparency in the contractual
structure of such credits as well as the legal rules governing relations between
syndicate members.
Hassan Moradzadeh; Neda Askarinia
Abstract
Banks play an important role as an intermediary in the financial system between
the lenders and applicants of financial sources. They absorb the financial
sources of customers and present them to applicants. Their financial relations
are arranged on the basis of the credit rating of their applicants. ...
Read More
Banks play an important role as an intermediary in the financial system between
the lenders and applicants of financial sources. They absorb the financial
sources of customers and present them to applicants. Their financial relations
are arranged on the basis of the credit rating of their applicants. The financing
restrictions and complexity of banks relations and inherent risk of financing
have made the banks to design a model to fund their financial sources and
distribute their various risks. One of these models is financing by using
syndicated loans. Since most of the big projects need a high amount of financial
sources, the use and significance of syndicated loans is increasing. In this paper,
we tried to examine the concept and structure of syndicated loans by using an
analytical and descriptive model which explains the necessity of using this
method in the legal and economic system of Iran. We concluded that the main
reasons given for non-use of this method are the lack of adequate legislations in
this field and the absence of information transparency in the contractual
structure of such credits as well as the legal rules governing relations between
syndicate members.
Hossein Sharifi Tarzkohi; Sasan Modares Sabzevari
Abstract
Out of many heinous crimes done under Saddam Hussein, few had such
disturbing and long-lasting human effects as the use of chemical weapons (CW).
In order to serve the interests of justice, such serious crimes of international
concern should not go unpunished. Based on the treaty and customary laws
applicable ...
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Out of many heinous crimes done under Saddam Hussein, few had such
disturbing and long-lasting human effects as the use of chemical weapons (CW).
In order to serve the interests of justice, such serious crimes of international
concern should not go unpunished. Based on the treaty and customary laws
applicable in the 1980s, the use of chemical weapons was prohibited under
international law. Such prohibition in itself (without explicit criminalization)
could be a basis for criminal responsibility of the individuals involved. So, if
there were competent international tribunals existing to address such crimes, the
tribunals would have no problems in terms of legality. But currently, no
international tribunals exist with any link to the Iraq-Iran war in the 1980s. The
issue of enforcing international law by domestic courts is thus brought into
attention. The article concludes that Iranian courts should have jurisdiction over
such incidents. In order for the Iranian judicial forums to get involved in an
effective manner, it is suggested that legislation is necessary to get into some
coordination with international law.
Seyed Mohammad Sadegh Ahmadi; Alireza Naseri; Morteza Ghasem Abadi
Abstract
According to the extremity-centered attitude of human, freedom of expression is
a requirement for the individual independence of human being as an essential
end, so the restrictions on which should be determined within the framework of
the essential exception. Freedom stands in the realm of the natural ...
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According to the extremity-centered attitude of human, freedom of expression is
a requirement for the individual independence of human being as an essential
end, so the restrictions on which should be determined within the framework of
the essential exception. Freedom stands in the realm of the natural rights and
restricting it in any manner is against that essential right. In the current age,
television can undoubtedly be utilized as one of the most powerful media in the
service of freedom of expression. However, at the same time, mal-use of this
device can offend both public and private rights. Therefore, restricting the
domain of activities for the TV channels is essential. In this regard, the
international documents of human rights have set restrictions for TV. The
Iranian legal system considers some restrictions for this matter too, some of
which are compatible with those prescribed in the international documents of
human rights and some others such as the Islamic rules and standards cannot be
found in any other international documents as the restrictions on freedom of
expression. It seems that the Guardian Council's interpretations of Articles 44
and 175 of the constitution are a kind of additional constraint on the freedom of
expression. In this paper, by conducting a comparative analysis on the said
documents, we analyze the restricions on form and nature of the freedom of
expression in the Islamic Republic of Iran’s Broadcasting Corporation
