Public Law Researsh

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
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.

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 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.

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 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.

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. 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.

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. 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.

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 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.

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 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