ali azaddevin; Javad Kashani
Abstract
The right to social security is one of the most important human rights which has been accepted in human rights documents and constitutions of States and is of fundamental human rights. But the fact is that with the transition from the “defining and identifying the right to social security” ...
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The right to social security is one of the most important human rights which has been accepted in human rights documents and constitutions of States and is of fundamental human rights. But the fact is that with the transition from the “defining and identifying the right to social security” stage and placing in the “implementation of rights” stage, the governments are challenged in the implementation of this right which has led to the lack of enjoyment or little enjoyment of social security benefits and services. These challenges which have been created under the effect of many political, social and economic factors, have caused failure of the governments in implementing the social security rights for their citizens. The nature of this right requires that this right to be properly fulfilled for all human beings and its implementation is also ensured. Therefore, the need of studying and recognizing these challenges, necessitates that eliminating each of existing obstacle based on the weight of the international instruments requires domestic efforts as well as the international cooperation of governments and the assistance of relevant international organizations and institutions. Therefore, in this way, the right to social security, which plays an important role in social justice, economic development and international peace and security, is implemented and realized for citizens of the governments without any obstacle. Keywords: Informal Economy, The Government’s Obligations, Transnational Companies, The Right to Social Security, Privatization.
shirin sharifzadeh
Abstract
A “compilation” is a work formed by the collection and assembling of pre-existing materials or of data that are selected, coordinated or arranged in such a way that the resulting work as a whole constitutes an original work of authorship, such as periodical issue, anthology, encyclopedia, ...
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A “compilation” is a work formed by the collection and assembling of pre-existing materials or of data that are selected, coordinated or arranged in such a way that the resulting work as a whole constitutes an original work of authorship, such as periodical issue, anthology, encyclopedia, telephone directory, etc. Since the prerequisite for protection of copyright works is originality, this question arises whether these works are original and may also be copyrightable. The meaning of originality is not defined in the majority of national copyright legislations. Instead, the interpretation of what is to be original has been left mainly to the courts. Courts have different opinions regarding the definition of originality and its conditions. However, the Supreme Court of United States in the Feist case put an end to this division. This article attempts to study the notion of originality of compilations works by analyzing the Feist case in order to answer whether compilation works have any originality and if the answer is yes, what is its scope.
Homayoun Habibi; keivan eghbali
Abstract
Corruption must be considered as One of Most Important Obstacles for Realization of Some Aspect of the Human Rights in the Modern Societies, Especially Right to Development. Concentration of Public Power and Wealth in Hand of a Few People, lack of accountable in Front of Public and Lack of Transparency ...
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Corruption must be considered as One of Most Important Obstacles for Realization of Some Aspect of the Human Rights in the Modern Societies, Especially Right to Development. Concentration of Public Power and Wealth in Hand of a Few People, lack of accountable in Front of Public and Lack of Transparency in Activities of Governors are between Most Important Roots of Corruption. So, Prevention of such a Concentration, Ability to Interpellation of Governors by Citizens and Transparency in activities of These People could Have Very Positive Effect on Fight against Corruption. But Providing the Mentioned Situations Rely Heavily on Realization of Public Participation in Political, Social, Economic and Cultural Affairs of Their Society and Its Tools such as Right to Elect and to be Elected, Powerful Civil Society and Free Access to Information. However, Public Participation is an Ultimate Goal of Internal Self-determination, Which Means Ability of Every Person to Participate in Decision Making in Political, Social, Economic and Cultural Affairs of his/her Society. Therefore, Internal Self-determination Became an Effective Approach for Fight against Corruption and Elimination of Its Substances and as a Result, as a Facilitator for access to Human Rights, Especially Right to Development
Mohammad Ali Solhchi; AMIR BIPARVA
Abstract
Communication technologies are generally considered as an effective means in contemporary era in transmitting news and information with exclusive characteristics and play an inseparable role in the world today. The privileged feature of these technologies should be the direct observation of events and ...
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Communication technologies are generally considered as an effective means in contemporary era in transmitting news and information with exclusive characteristics and play an inseparable role in the world today. The privileged feature of these technologies should be the direct observation of events and its rapid transmission to audiences. This feature is of particular importance in protecting human rights, which ensures human rights, so that one of the key factors in the implementation of human rights and for dealing with potential violations and prevention of human rights violations. Communication technology through direct consideration of human rights violations in the exercise of direct monitoring of human rights and cooperation with regulatory authorities in various ways, such as creating public awareness and providing oversight by regulatory authorities and working with them and creating access facilities for victims of human rights violations at the national and international levels have a special role, all of which is a means of guaranteeing human rights. The purpose of this research is to identify the characteristics of these technologies and their functions in guaranteeing human rights.
Mehryar Dashab
Abstract
Over the last decades, the sexual exploitation and abuse of children have been addressed by international organizations. Several instruments, including the Convention on the Rights of the Child and its Optional Protocol on the sale of children, child prostitution and child pornography required the adoption ...
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Over the last decades, the sexual exploitation and abuse of children have been addressed by international organizations. Several instruments, including the Convention on the Rights of the Child and its Optional Protocol on the sale of children, child prostitution and child pornography required the adoption of appropriate measures by States to counter with various forms of sexual exploitation and abuse of children. Considering the increasing number of cases of sexual exploitation and the need for the creation of a joint mechanism, the Council of Europe has approved the Lanzarote Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse on May 25, 2007. Despite the fact that the Council of Europe has been criticized, this Convention has led to the creation of new norms that are innovative in comparison with the previous one. In this article, while analyzing some of the most innovative rules of this Convention, the strengths and weaknesses of these rules are also highlighted. On the other hand, the examined rules wich reflect the new Council of Europe's approach, which, along with criminalization and other legal and judicial measures, emphasizes the need for the protection of child victims and the adoption of preventive and educational measures by governments.
Abstract
Special Economic Zones (SEZs) in Iran are founded with a view to facilitate trade and promote domestic and foreign investment for economic growth and prosperity in the region and the country. Among the most important legal issues are raised in relation to these areas, is their tax status that is ...
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Special Economic Zones (SEZs) in Iran are founded with a view to facilitate trade and promote domestic and foreign investment for economic growth and prosperity in the region and the country. Among the most important legal issues are raised in relation to these areas, is their tax status that is related directly to promote and attract investment and strengthen the specific characteristics of these areas for economic prosperity which must be placed under the legal system of specific tax regulations. This paper scrutinizes the tax system ruling in these areas through the basic and comparative study, considering the laws of the country, its taxable and deductible activities as well as appropriate evaluations to be taken. This paper clarifies that SEZ tax exemptions in Iran are dedicated to indirect taxes related to transnational economic activities. The lack of exemptions and privileges for direct taxes as well as indirect taxes relating to commercial exchanges within the customs territory of the country, on the one hand, and dispersal of tax rules and regulations on the other, - which are typically regarded as deterrent to investors – are the most important challenges of Iran’s tax system.
Ali Borjian; Harith Al-Dabbagh
Abstract
Historical studies of comparative law demonstrate that the first purpose of using comparison in law has been to reform legal systems. This article intends to analyze the fundamental role and function of comparative law for legal reforms. Through studying different forms of the Transfer of Law, we intend ...
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Historical studies of comparative law demonstrate that the first purpose of using comparison in law has been to reform legal systems. This article intends to analyze the fundamental role and function of comparative law for legal reforms. Through studying different forms of the Transfer of Law, we intend to find the most proper and effective method which may present us with a coherent and efficient model of reform in different systems. The methodology of comparative law, as the instrumental concepts of this article, is one of the most popular and evaluative discourses of the legal world. The dynamic evolution of comparative studies arrives at the point where it has surpassed its traditional borders and has even engaged in extralegal and interdisciplinary studies. The transfer of law is one of the main methods of a legal reform and achieved by two main methods; functionalist and culturist. Although functionalism is the first method employed of legal reforms, it is not enough without considering the cultural contexts and circumstances of both transferred and transferee systems. In addition to its theoretical topics, this article intends to encourage researchers to find a coherent and practical model of reform for most developing countries needing legal reform.
Abstract
In municipalities, one of the stages of the budgeting process is budget execution. Although the budget is prepared correctly on the basis of information and experiences and by using new measured methods, the need for proper implementation of the budget will be the other important part of budgeting activities. ...
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In municipalities, one of the stages of the budgeting process is budget execution. Although the budget is prepared correctly on the basis of information and experiences and by using new measured methods, the need for proper implementation of the budget will be the other important part of budgeting activities. The Law of Iran and France have acknowledged the implementation of the budget by the municipality. Proper implementation of budget requires processes that makes it possible to collect accurate and legal revenue and also is included on correct and legal pay of costs. Studies show, in the two systems, the process of implementation of the budget is determined according to ability, experience and respect for the rights of citizens, and in this regard there are significant differences in the two systems. Given the shortcomings that exist in the laws and regulations, drafting procedures and methods of implementation of the budget -in particular deficiencies in the collection of revenues seen in Iran -is one of the requirements in organizing the transparency and legality of the budget execution process in the municipalities of Iran, in which the practices governing the legal system of the French municipalities could be used.
Abstract
Nowadays, environmental protection is a major preoccupation in the international community. One of the essential trends of international environmental law is the presence of non-governmental actors in the formation, application, and control of environmental regulations. Recognition of the legal personality ...
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Nowadays, environmental protection is a major preoccupation in the international community. One of the essential trends of international environmental law is the presence of non-governmental actors in the formation, application, and control of environmental regulations. Recognition of the legal personality as a player in the international sphere is a general evolution in the protection of the environment. The present article tries to explain the role of non-governmental actors in environmental questions in the light of international conventions such as the Aarhus Convention as well as judicial decisions of the International Court of Justice. The results imply that the decision makers in the European Union should modify some regulations either in regional or national level to fulfill the ambitious goals of the founders of this unique international organization.
Abstract
Fight to terrorism is very necessary and states always use their power to fight this phenomenon. Anti-terroristic action are being taken under the society`s general benefits and in this way, the personal human rights is being intervened and violated some time. For instance, the citizens` privacy is being ...
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Fight to terrorism is very necessary and states always use their power to fight this phenomenon. Anti-terroristic action are being taken under the society`s general benefits and in this way, the personal human rights is being intervened and violated some time. For instance, the citizens` privacy is being violated in order to fight and prevent the terroristic attacks. As recently Europe is under the crisis of severe migration and some terroristic acts, and consequently the states inevitably restrict some aspects of right to privacy, this paper is seeking to evaluate the states` practice according to the European convention of human rights and in accordance with the European court of human rights` practice and respond whether it is possible to sacrifice the fundamental human rights to fighting terrorism. Finally, according to the European convention of human rights and the European court of human rights` case law besides the guidelines of council of Europe, under special circumstances, we could respect the right to privacy and decrease this right`s scope limitedly and temporarily in order to pursue important purposes like maintaining the society as a whole or following the important social needs.
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.
