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Open Access Article
1 - مقابله با اکو تروریسم جهانی در پرتو دیپلماسی بین‌المللی محیط‌زیست
سبحان طیبی سید عباس پورهاشمی -
Open Access Article
2 - نقض تعهد و الزام به تعهدات پولی و غیر پولی در حقوق ایران در مقایسه با اصول قرارداد تجاری اروپا واصول قراردادهای تجاری بین‌المللی
معصومه قدیریان مظفر باشکوه علیرضا لطفی دودران -
Open Access Article
3 - Law governing obligations in electronic contracts
Rahim Abdoli Tayeb Afsharnia Alireza Rajabzadeh EstahbanatiThe electronic environment of the Internet is one of the most modern means of concluding contracts and fulfilling the obligations arising from it, especially in the field of commercial transactions. The nature of electronic contracts in relation to their validity, form MoreThe electronic environment of the Internet is one of the most modern means of concluding contracts and fulfilling the obligations arising from it, especially in the field of commercial transactions. The nature of electronic contracts in relation to their validity, form and compatibility with the rules and regulations of civil law regarding contracts is one of the new topics, the recognition and study of which depends on the formal structure of the electronic environment and well-known communication technology concepts in this field. . Determining whether a binding contract is concluded in the relationship between the parties or is done in accordance with the applicable law. Although e-commerce law does not seem to conflict with the general rules and regulations of civil and commercial law, there is considerable coherence and coordination with the formal and technical concepts and rules of legal resources in applying these rules to the legal issues of e-commerce contracts. This research is theoretical and content analysis and by referring to legal and related sources, an attempt has been made to provide relevant laws. Today, the law governing the contract is outside the scope of national law, and it is not necessary that the law governing the election of the parties to the contract be related to the contract, and also the laws governing the contract can be changed with conditions, As a result, concluding these contracts in a different and new environment has different rules governing different contracts and obligations, which are discussed in this article. Manuscript profile -
Open Access Article
4 - Evaluating the possibility of harmonizing the regulations governing electronic contracts with international regulations.
elahe ekrami SHOKROLAH NIKVANDIn some articles of the electronic commerce law, rights and obligations for the buyer and the seller are considered, which are different from the articles of the civil law in this case. According to Article 33, the seller must state her identity and brand name, address, MoreIn some articles of the electronic commerce law, rights and obligations for the buyer and the seller are considered, which are different from the articles of the civil law in this case. According to Article 33, the seller must state her identity and brand name, address, e-mail address, validity period of the offer and terms of cancellation in her offer, while according to the civil law, none of these cases are the responsibility of the seller. The purpose of this research is to investigate these differences and their causes, weak points or strength, and how to combine laws in some cases. The research method in this article is descriptive and analytical, and method of collecting information is library. Considering the non-personality and additional nature of electronic contracts and the possibility of their internationality, the law of electronic commerce has been prepared by adapting the international model laws in order to unify the regulations and harmonize most of the countries. Based on this, despite the terms of termination in these contracts, there is no place to invoke the civil law termination cases. Also, electronic documents such as normal and official documents are recognized as valid. It is appropriate for the judiciary to step in this direction. Manuscript profile -
Open Access Article
5 - Jus cogens در نظام حقوق بین الملل
رضا نیکخواه فاطمه باباخانی -
Open Access Article
6 - A Comparative Study on Duties, Powers and Obligations of Labour Inspectors in Iran Labour Laws and International Labour Standards
Seyed Mohammad Hashemi Ali Hajivand Whereas the labour inspection system is a public function and aresponsibility of government, therefore, the necessity dictates that labourinspectors shall be composed of public qualified officials, and they also haveexecutive, regulatory, advisory, corrective, m More Whereas the labour inspection system is a public function and aresponsibility of government, therefore, the necessity dictates that labourinspectors shall be composed of public qualified officials, and they also haveexecutive, regulatory, advisory, corrective, making policy and preventiveimportant duties. Hence, In order to enforce these duties in premises, they, inaddition to have certain rights and powers, should enjoy the stability andindependence of the employment, so that they exercise their duties andpowers in impartial manner and free of undue pressures and constraints fromoutside the system, in order to protect the manpower, economic sources andenvironment of work that are, nowadays, considered as essential elements ofsustainable developments. Therefore, labour inspectors, as representatives ofthe State in thr world of work, are empowered considerable rights legalpowers that their proper enforcement of these rights and duties constitutesthe fundamental to the authority of inspectors and inspection system as awhole.Instead of these rights and powers, labour inspectors also undertakethe obligations that consist of: the compliance to the principle of theimpartiality in the process of the inspections, preservation of professionalsecrecies concerned with employers, confidentiality regarding the source ofcomplaints and professionalism and competency. Manuscript profile -
Open Access Article
7 - پیشگیری غیرکیفری از جرایم اقتصادی در کنوانسیون مریدا
مهدی مرجانی سیدباقر میرعباسی -
Open Access Article
8 - Judicial Administration of Contract With Inference in Determination of Contractual Obligations on the Basis of Justice and Equity, or Individual and Collective Expediency
Sohrab SamankanSome part of discussions about contracts laws is dedicated to determination of domain of contractual commitments this domain is often based on will, and sometimes, on the imperative interference of legislature and controlling interference of magistrate. The present stud MoreSome part of discussions about contracts laws is dedicated to determination of domain of contractual commitments this domain is often based on will, and sometimes, on the imperative interference of legislature and controlling interference of magistrate. The present study, mainly on the basis of logic and philosophy of low- economic analysis of law- or through theoretical study of contracts indicates that private judicial evolutions and requirements requires other visions from the accustomed principles and concepts. And now, some standards should be found in the arena of contracts laws to adjust individual's private relationships fairly. Such a view toward contracts laws brings about dynamism of laws, correct coherence of judicial legislative policy and also fulfillment of supreme goal of low, that is, establishment of justice. Determining the domain of commitments is not a new phenomenon. What has become important is the possibility of involuntary determination, especially judicial determination of domain of commitment, which can terminate contractual conflict on the basis of fair will of contracting parties or through expediency. Manuscript profile -
Open Access Article
9 - Explaining Stocks’ Return Based on Prospect Theory
Fatemeh Ghadimi Afsaneh SoroushyarThe way of allocating money to stock is the one of investors’ concerns. Investors mentally represent the stock by the distribution of its past returns and then evaluate this distribution in the way described by prospect theory. Therefore, prospect theory value as MoreThe way of allocating money to stock is the one of investors’ concerns. Investors mentally represent the stock by the distribution of its past returns and then evaluate this distribution in the way described by prospect theory. Therefore, prospect theory value as an influential factor in explaining stock returns has attracted many researchers. The purpose of this study was to investigate the effect of the prospect theory on future stock returns in listed companies in Tehran Stock Exchange. The statistical sample of the research, which has been selected by systematic elimination method, includes 104 companies from the companies listed in the Tehran Stock Exchange during the years 2012 to 2016. In this research, Fama and Franch model (1992) have been used to test the research hypotheses. The research model is fitted twice separately, once using panel data and again by the time series method, by the formulation of the portfolios. The results of the research show that the prospect theory value has a negative effect on stock returns. Manuscript profile -
Open Access Article
10 - The responsibility of the Islamic State in dealing with fake transactions and its solutions
Amir Jawadi Mohammad Babapoor Abdolali Mohammadi JozaniWith the introduction of cryptocurrency into the world of economy, smart contracts were formed based on it and are now partially popular. Experts in this field believe that in case of widespread use of this type of contracts, the possibility of formal transactions will MoreWith the introduction of cryptocurrency into the world of economy, smart contracts were formed based on it and are now partially popular. Experts in this field believe that in case of widespread use of this type of contracts, the possibility of formal transactions will disappear. Despite conducting numerous researches on smart transactions, the discussion of virtual transactions has not been investigated in this field, and this research, using an analytical-descriptive method, is for the first time trying to investigate the responsibility of the Islamic government in this regard. It seems that due to the negative effects of formal transactions in the society, if a special mechanism can eliminate these transactions, the Islamic government is responsible for making them mandatory. According to jurisprudential interpretations, providing social and economic security is the government's duty, which is an example of the mandatory smart contract with the aim of eliminating formal transactions. From a legal point of view, the executive and judicial authorities can send a bill to the Islamic Council regarding the mandatory use of smart contracts in order to provide legal protection and also to prevent the occurrence of crimes. Monopoly in the smart type of contracts is contrary to Islamic Sharia and its partial acceptance is possible like electronic transactions. If the related law is not approved, the executive bodies in charge of certain affairs can use their authority to make these contracts mandatory. The final result is that with the relatively mandatory smart contract and the popularization of cryptocurrency, it is possible to eliminate formal transactions and this action is considered to improve economic security. Manuscript profile -
Open Access Article
11 - Cultural Contracts of Governments in International Law with Emphasis on International Criminal Court Judgments on Cultural Rights
faranak neisi Ali MashhadiStudy of legal dimensions of governments cultural commitments in international rights, because of it’s complications, is the most challenging questions in the ICJ. This research started for the answer of this question: “HOW the international low courts are r MoreStudy of legal dimensions of governments cultural commitments in international rights, because of it’s complications, is the most challenging questions in the ICJ. This research started for the answer of this question: “HOW the international low courts are resulted to address the surroundings of cultural rights- that are the obvious samples of governments cultural commitments – and what are it’s challenging of this questions” Research method: Analytical-descriptive research method is a type of library. Findings: The research OF this article shows governments cultural commitments in international rights aren’t just abstract and theologian commitments; but also are practical commitments which are reflected in votes of the bureau Conclusions: just (the) address the surroundings governments cultural commitments in international rights not for certain mention of achievements of bureau is a false repeat Manuscript profile -
Open Access Article
12 - Designing ethical marketing model in tourism industry(Shiraz)
mehrnoosh khabiri محسن رنجبر Dr.ali Akhavan GhannadiThe purpose of this study was to design an ethical marketing model in the tourism industry. The method of this research was a combination of exploratory and based on qualitative-quantitative method with qualitative priority. The statistical population in the qualitative MoreThe purpose of this study was to design an ethical marketing model in the tourism industry. The method of this research was a combination of exploratory and based on qualitative-quantitative method with qualitative priority. The statistical population in the qualitative section of academic elites and tourism industry in Shiraz was Delphi method with 15 people and the statistical population in the quantitative section included users of tourism services in Shiraz in 1397 where 257 people were selected based on Cochran's formula. .Qualitative results showed 12 main factors of justice; Honesty; Welfare; the freedom; Law agent; Tourist rights; Moral obligations; Social obligations ; Social Responsibility; Social accountability; Religious intentions, motives, and restrictions, from the experts' point of view, affect the ethical marketing model in the tourism industry, and the results were partially confirmed. Based on the optimal fit of the designed model, the proposed model is an efficient tool in this field. Manuscript profile -
Open Access Article
13 - Modeling the underlying factor of taxpayer behavior when receiving training in order to improve social capital (case study: legal entities of Tehran)
Foroogh moezzi mohammad ali keramati mohammad ebrahim mohammadpur zarandi One of the factors that has recently been mentioned in order to improve social capital from theeconomic aspect is the fulfillment of tax obligations through education and culture. It seems that the mostimportant result of training taxpayers is to improve the fulfi More One of the factors that has recently been mentioned in order to improve social capital from theeconomic aspect is the fulfillment of tax obligations through education and culture. It seems that the mostimportant result of training taxpayers is to improve the fulfillment of tax obligations, which can lead to theimprovement of social capital. The present research tries to examine one of the important aspects for thefoundation and improvement of tax implementation in the country, which is the training of the tax plan in theeffectiveness of tax implementation. To detect the effects of educational programs on taxpayers' behavior(fulfilment of tax obligations and business results), the factor-based modeling approach, which is a part-towhole approach, has been used. This research is of applied type and its statistical population consists of legalentities of Tehran city and by examining articles in foreign and domestic scientific databases in the field ofresearch, factors were identified and through the tax organization database and questionnaire during the periodof 2014 to 2019, the desired information has been collected. After identifying the factors, the relationshipbetween them and the relationship of the factors with the environment and finally modeling the basis factor andimplementing it in AniLogic software, it was concluded that the training courses held for each taxpayer canimprove the taxpayer's perception of the amount of tax that has been assigned to him. Decrease, which will leadto the fulfillment of tax obligations and improvement of social capital and changes in profitability and costlevels. Manuscript profile -
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14 - The Situation of Family in the Process of Development in Turkey
Leili Broujerdi Mohammadreza Vizheh -
Open Access Article
15 - Explaining and Review of the Environmental Regulatory in the Light of Social and Public Law
Shirin Shirazian sobhan tayebi Hediehsadat MirtorabiEnvironmental regulation is one of the most important subset of social regulation. The regulatory is a framework for the implementation of the rules adopted the community and guaranteed to be the framework on the basis of legal standards. For example, a community MoreEnvironmental regulation is one of the most important subset of social regulation. The regulatory is a framework for the implementation of the rules adopted the community and guaranteed to be the framework on the basis of legal standards. For example, a community may decide that one of its collective goals is to sustain the quality of its waterways. It might achieve this by promulgating a binding legal rule prohibiting any person from dumping waste exceeding a specified quantity into its public waterways, and imposing a financial penalty on any person who violates this rule. However, the same collective goal might also be achieved by imposing a system of tradeable permits that allows certain amounts of wastes to be dumped into public waterways upon payment of a specified sum.This research is based on library studies and descriptive analytical method and a new approach is sighted.Purpose of this study, is to explain the role of environmental regulation as a facilitator of the administrative structure in good condition along with social interaction. Also, is considered explaining the importance of regulation and rule-making.Regulation is including important social standards and strong enforcement of legal obligations in the community. The fundamental standards, is consistency in the field of public law and seems important approach is environmental Protection and Citizens adherence to environmental obligations. Manuscript profile -
Open Access Article
16 - Investigating the Fundamental Principle of Deterrence in International Environmental Law
Mohamad Zaker Ardakani Alireza ArashpourInternational Environmental Law, which is a Branch of public International Law, is Primarily Based on Preventive and Precautionary Measures, and its Ultimate Goal is to protect the Global Environment from Pollution and Damage to Human Health. The Principle of Deterrence MoreInternational Environmental Law, which is a Branch of public International Law, is Primarily Based on Preventive and Precautionary Measures, and its Ultimate Goal is to protect the Global Environment from Pollution and Damage to Human Health. The Principle of Deterrence is a Fundamental and Universal Rule in Development-Oriented and Sustainable Policies Related to the Exploitation of Natural Resources and Ecological Aspects of Countries, Which on the one Hand Focuses on Pollution Prevention and Precautionary Measures in the Face of the Environment and Natural Resources. On the Other Hand, it includes Systematic Protection Measures and the Cooperation of Countries and Other Persons under International Law with Regard to Environmental Activities and the Exploitation of Natural Resources, Under National Sovereignty and Jurisdiction. Therefore, Violation of the Principle of Deterrence, Due to the Limited Environmental Resources and the Long Process of its Replacement, Leads to Improper Use of Natural Resources and Causes Numerous Damages to Environmental Components, Including Water, Air, Soil, Plants, Wildlife, etc. Which are Sometimes Irreparable and Ultimately Threaten Human Life and Health, Although Repairing the Damage and Compensation Requires Exorbitant Costs and Long Periods of Time, Sometimes Intergenerational Manuscript profile -
Open Access Article
17 - Investigation on Regulations and Commitments of the Climate Change Convention and Assessment of their Implementation in the Islamic Republic of Iran
Farideh Atabi Mehrdad Nazemi Amir Abbas Sedighi Narmin TavakoliClimate change has been one of the main concerns of societies in the world during the last two decades. Hence, the international community has taken some measures to solve this problem. Such measures include developments of the UN Framework Convention on the Climate Cha MoreClimate change has been one of the main concerns of societies in the world during the last two decades. Hence, the international community has taken some measures to solve this problem. Such measures include developments of the UN Framework Convention on the Climate Change (UNFCCC) to maintain the current concentration levels of the green house gases in the atmosphere in order to minimize the anthropogenic impacts on the climate. The convention has envisioned common but different responsibilities for all parties. Iran is also a party to the Convention and has developed the Empowerment Plan of the Islamic Republic of Iran to meet its commitments with financial support of the Global Environmental Facilities (GEF) and the UNDP Office located in the Department of the Environment in Iran. In the present study, after reviewing climate change and green house phenomenon, the steps to form the UNFCCC, its goals and the commitments of member countries towards the Convention as well as its status in Iran, have been investigate. Although Iran has honored most of its commitments, the major drawbacks are weak regulations, lack of research and mismanagement of activities. The inadequate coordination amongst different sections of Iran and ineffective environmental laws are the major challenges to the implementation of the Climate Change Convention in Iran. Manuscript profile -
Open Access Article
18 - Environmental Diplomacy in the Light of International Convergence: an Effective Approach towards International Law Sustainable Development
Ali Zaree sobhan tayebi Shima NaderiToday, environmental protection and sustainable development are two essential axes in the path of human life. In this process, international actors, namely governments and international organizations, play a major role. Commitment to international commitments and the ne MoreToday, environmental protection and sustainable development are two essential axes in the path of human life. In this process, international actors, namely governments and international organizations, play a major role. Commitment to international commitments and the need to adhere to the rules of the law are two crucial foundations in explaining the role of environmental diplomacy in achieving sustainable development. Development and environmental protection will certainly not be on a sustainable path unless regional interactions and international cooperation take a serious turn. This study is based on bibliographic and descriptive approach and is based on the evaluation of new sighted. Along that, environmental diplomacy is known as an effective method to natural resources and ecosystems conservation. So, environmental discussions are very much important international convergence reason. Therefore, international community can lead to global environmental conservation strategies with that convergence attitude. This research aims to determine the international environmental law evolution firstly and government’s roles in front of environmental challenges lying international convergence and legal fundamentals. So, environmental threats and hazards, display an illogical human act, that can be solved under the shadow of international convergence and moving to environmental conservation and global peace. Manuscript profile -
Open Access Article
19 - Reinsurance: taking advantage of internationalization opportunities in line with social security
Fatemeh Hashemi Jamshid Edalatian Shahryari Jalal Haghighat MonfareDue to its nature, the insurance industry is one of the most key social phenomena in order to ensure social security. Among these different forms of insurance, reinsurance has a greater impact on social security. Considering the expansion of the phenomenon of globalizat MoreDue to its nature, the insurance industry is one of the most key social phenomena in order to ensure social security. Among these different forms of insurance, reinsurance has a greater impact on social security. Considering the expansion of the phenomenon of globalization on the one hand and considering the effective role of reinsurance as one of the public policy tools in guaranteeing social security, this research is conducted with the aim of designing a reinsurance model to enter international markets. This study is practical in terms of its purpose, which was conducted with a qualitative approach in terms of its nature and form of implementation. The statistical population of this research includes 10 insurance industry experts who were selected using targeted non-probability sampling. The main tool for data collection was a semi-structured interview and a Delphi questionnaire to screen indicators. Content analysis method and MaxQuda software were used to analyze the obtained data. The results of qualitative analysis by Max Kyuda software showed that the dimensions and components of reinsurance model design in international markets include investment, international marketing, strategies, market development, internationalization, internationalization attitude, international entrepreneurship and entering international markets. Also, for these components, 48 indicators were finally approved by the experts. The results of the analysis of sub-categories of the research showed that the indicators of compliance with international obligations, clarification, welcoming ideas and creativity about circumventing sanctions, attention and importance to information technology, establishing favorable communications and introducing oneself at the international level are among the most have priority. Manuscript profile -
Open Access Article
20 - آثار حاکم بر ضمانت نامه های بانکی
همایون مافی محمد حسین تقی پور درزی نقیبی -
Open Access Article
21 - Financial crisis and profit smoothing technique
Behrooz Ghorbani mehrdad ghanbari babak jamshidinavid Alireza MoradiThe financial crisis is a long-term process which affects many financial and operational aspects of companiesand the financial reporting system has played a major role in this process by employing different accounting methods.The purpose of this study is to analyze the MoreThe financial crisis is a long-term process which affects many financial and operational aspects of companiesand the financial reporting system has played a major role in this process by employing different accounting methods.The purpose of this study is to analyze the financial crisis by applying the method of smoothing the profit and considering the effects of the variables of the positive accounting theory.This research is a semi-experimental analytical researchWhich is applied in terms of purpose and is classified as descriptive research. Data were analyzed using a sample of 144 listed companies in Tehran Stock Exchange,during the period of 10 years (2007 to 2016), the data were combined and the multivariate regression model was analyzed.The results of the first to third hypotheses indicate thatthere is no significant relationship between the lack of liquidity, the inability to fulfill obligations and the failure of the operation with the profit smoothingand the reason for this is that the companies did not pay much attention to the use of smoothing in the context of the financial crisis.There is also a significant and inverse relationship between bankruptcy and profit smoothingwhich shows that companies facing bankruptcy by smoothing the profits seek to improve the conditions of bankruptcy. Manuscript profile -
Open Access Article
22 - The Impact of Parametric Reforms on Financial Decisions in Financing Long-Term Commitments
Hadi Farhadi Babak Jamshidinavid Mehrdad Ghanbari Rohollah Jamshid PourOne of the reforms that has been considered in recent years regarding financial decisions in the payment of long-term liabilities is the balance of financial resources mechanism. When demographic risks, such as labor shortages and economic risks, such as financial defic MoreOne of the reforms that has been considered in recent years regarding financial decisions in the payment of long-term liabilities is the balance of financial resources mechanism. When demographic risks, such as labor shortages and economic risks, such as financial deficits due to the functioning of financial markets and past rules and regulations, exist, financial decisions are made to maintain the liquidity and stability of the system in the long run. Long-term liabilities in payment to pension fund members require regular advice and calculations in different financial periods in order to balance and maintain the intergenerational reserves of the fund. The present study compares the parametric models effective in financial decisions to finance the long-term obligations of the Social Security Organization using actuarial knowledge in order to achieve the research objectives by changing the basic parameters and their impact on the organization's resources using knowledge. Actuaries and related computing software such as ILO-PENS We have estimated and then estimated their impact on the sustainability of the organization's resources over a period of 70 years for financial decision According to the results, if any of the above parametric corrections are applied to the series of resources of the Social Security Organization, respectively, up to years,2035,2036,2037 It is postponed and the necessary resources are provided to pay your long-term obligations. In this short break, there is ample opportunity to decide how to make structural reforms. Manuscript profile -
Open Access Article
23 - توان تبیین “روش تحلیل ممیز“ مبتنی بر مدل آلتمن جهت تعیین وضعیت اعتباری مشتریان بانک ملت (تسهیلات فروش اقساطی بلندمدت)
دکتر فریدون رهنمای رودپشتی معصومه لطیفی -
Open Access Article
24 - بررسی اثر ارزشیابیهای نادرست سهام بر مدیریت سود
حسین جباری زهرا لشکری محمد محمدی -
Open Access Article
25 - Effects and Conditions of the Theory of Balance and Exchange Justice in Iranian Contract law and International Documents
Mir Heydar Mirnaghizadeh Hasan Pashazadeh Nasser Masoudi Alireza Lotfi -
Open Access Article
26 - Obligations of States in the Non-Proliferation System and their Executive Territory in Disarmament
Mohammad Jamadi Zeinab Poorkhaghan Leila Raiesi DezakiMohammad Jamadi[1],Zeinab Poorkhaghan[2]*,Leila Raiesi Dezaki[3] Abstract: Nuclear powers do not seem to have a guarantee of reducing their nuclear capability, and they are not blocked from developing. This situation has been aggravated especially with the rat MoreMohammad Jamadi[1],Zeinab Poorkhaghan[2]*,Leila Raiesi Dezaki[3] Abstract: Nuclear powers do not seem to have a guarantee of reducing their nuclear capability, and they are not blocked from developing. This situation has been aggravated especially with the ratification of international conventions. The purpose of the present study is to identify the concept of governments' obligations in the non-proliferation system and its executive territory and to examine the challenges and gaps in this field. The main question of the present study is w­h­a­­t are the obligations of states in the non-proliferation system and their e­x­e­c­u­t­i­v­e territory in disarmament? The commitments of governments in the non-proliferation system have outweighed their individual interests over the interests of the international community, namely the preservation of international peace and security, prot­e­ction of people's right to self-determination, protection of human dignity, preservation of common heritage humanity, the environment and the new in­te­r­national economic order, as a whole and have hindered its growth and excellence. [1].PhD student in public international law, Isfahan Branch, Islamic Azad University, Isfahan, Iran. [2].Assistant Professor, department of public international law, Isfahan Branch, Islamic Azad University, Isfahan, Iran, Corresponding Author [3].Assistant Professor, department of public international law, Isfahan Branch, Islamic Azad University, Isfahan, Iran Manuscript profile -
Open Access Article
27 - The Relationship of Social Factors and Knowledge of Laws with Knowledge of Citizenship Rights among Rasht Citizens
Yasaman Ramazan Moghadam Vajari Mojtaba JanipourThe present study aims to investigate the relationship of social factors and knowledge of laws (legal literacy) with knowledge of citizenship rights. The research method is survey and the sampling method is the stratified random sampling. The population of the study con MoreThe present study aims to investigate the relationship of social factors and knowledge of laws (legal literacy) with knowledge of citizenship rights. The research method is survey and the sampling method is the stratified random sampling. The population of the study consisted of citizens of Rasht City among whom 328 participants were selected using Cochrane’s formula as the sample size. Findings of the research indicate that, there is a direct and significant correlation between socioeconomic status, media consumption, education, citizenship commitments, and knowledge laws with knowledge of citizenship rights. It means that with the increase in the degree of suing mass media, the level of education and knowledge of laws the level of the knowledge of citizenship rights increases. In addition with enhancing individuals’ socioeconomic statuses, the level of their knowledge of citizenship rights increases. But no significant correlation was found between gender and knowledge of citizenship rights. Also, the five variables, i.e. education, socioeconomic status, media consumption, citizenship commitments, and knowledge of laws which entered into the regression model of the research, explained 30% of the variations related to citizenship rights. Manuscript profile -
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28 - مفهوم رقابت و تعهدات منفی در ، حقوق رقابت ایران ، فقه و اتحادیه‌ی اروپا
vadood barzi دکتر اسماعیل صغیری -
Open Access Article
29 - -
جوانشیر ساعد رحیم -
Open Access Article
30 - بررسی رابطه مؤلفه‌های اجتماعی- فرهنگی و آسیب‌پذیری اخلاقی (مطالعه موردی دانشآموزان دبیرستان ناحیه دو شهر یزد)
مهناز فرهمند حمید محمدی مهدی عالی نژادآسیبشناسی و تعیین آسیب‌پذیری اخلاقی دانشآموزان گام اساسی در مصون‌سازی آنها در برابر تغییرات ارزشی، فرهنگی، اجتماعی و اخلاقی است. تحقیق حاضر با هدف بررسی میزان آسیب‌پذیری اخلاقی دانش-آموزان انجام یافته است. چارچوب نظری از نظریات دورکیم، اینگلهارت و لرنر تشکیل شده است. Moreآسیب‌شناسی و تعیین آسیب‌پذیری اخلاقی دانشآموزان گام اساسی در مصون‌سازی آنها در برابر تغییرات ارزشی، فرهنگی، اجتماعی و اخلاقی است. تحقیق حاضر با هدف بررسی میزان آسیب‌پذیری اخلاقی دانش-آموزان انجام یافته است. چارچوب نظری از نظریات دورکیم، اینگلهارت و لرنر تشکیل شده است. این پژوهش، با تکنیک پیمایش رابطه بین میزان آسیب‌پذیری اخلاقی و عوامل اجتماعی- فرهنگی مؤثر بر آن را در بین دانشآموزان پسر شهر یزد بررسی کرده است. تعداد 386 نفر با روش نمونه‌گیری خوشه‌ای چندمرحله‌ای برای نمونه آماری تحقیق انتخاب شدند. یافته‌های پژوهش نشان می‌دهند که بین متغیرهای سن، نوگرایی، مصرف‌گرایی، مقبولیت اجتماعی، کاهش تعهدات دینی و سنتی با آسیب‌پذیری اخلاقی رابطه معناداری وجود دارد. بین میزان استفاده از رسانه با آسیب‌پذیری اخلاقی رابطه معناداری مشاهده نشد. تحلیل رگرسیون چند متغیره نشان داد که سه متغیر مقبولیت اجتماعی، کاهش تعهدات دینی - سنتی و سبک زندگی غربی 63% از واریانس تغییرات در متغیر وابسته آسیب‌پذیری اخلاقی را تبیین کردند. Manuscript profile -
Open Access Article
31 - The impacts of Donald Trump's policies on the fulfillment of the American Dream in international system
Mohammadreza Asl Javadian Arsalan Ghorbani Sheikhneshin Seyed Ali Tabatabaei PanahSince Donald Trump took office as US president, the American foreign policy experienced a new era and the discourse approach chosen by the US government, according to some pundits, challenged the foundations and structures the US foreign policy had built as a hegemon in MoreSince Donald Trump took office as US president, the American foreign policy experienced a new era and the discourse approach chosen by the US government, according to some pundits, challenged the foundations and structures the US foreign policy had built as a hegemon in the world. This paper tries to explain the repercussions of the Trump administration's measures on the "American Dream" at the global level through an explanatory formative method. The question of the paper focuses on the impacts of Donald Trump's policies on the fulfillment of the "American Dream" in international system. It is hypothesized that by disregarding the multi-polar order which governs the international relations and also the US withdrawal from international treaties and obligations, the "American Dream" is weekend and has diminished US position in the international system. The results show the Trump administration in the dimensions of multilateralism include; Abandoning international law and establishing unilateralism, NAFTA reform, withdrawal from the Paris Agreement, Trans-Pacific Partnership, and JCPA, review of coalitions, alliances and military commitments, disregard for liberal economic values, review of security commitments India and the Pacific, etc., undermined the American dream. Manuscript profile -
Open Access Article
32 - سیاست جنائی تقنینی جمهوری اسلامی ایران و تأثیرپذیری از حوزه بین المللی
پرویز محمدنژاد محسن رهامی علی نجفی تواناچکیده : جهانی شدن به مثابه فرایندی است که در عرصه های گوناگون جنبه های زندگی بشر ارائه می شود.با توجه به رشدو گسترش اعمال مجرمانه در مقیاس جهانی، حوزه علوم کیفری و جنایی حایز اهمیت است. به نحوی که موجب انجام رفتارهای جنایی فراوانی در دنیا گردیده است.حقوق جزا با جهانی شد Moreچکیده : جهانی شدن به مثابه فرایندی است که در عرصه های گوناگون جنبه های زندگی بشر ارائه می شود.با توجه به رشدو گسترش اعمال مجرمانه در مقیاس جهانی، حوزه علوم کیفری و جنایی حایز اهمیت است. به نحوی که موجب انجام رفتارهای جنایی فراوانی در دنیا گردیده است.حقوق جزا با جهانی شدن پدیده مجرمانه که یک مشکل اساسی است، راهکارهای بسیاری را در عرصه داخلی و خارجی پیشنهاد کرده است.درحوزه ی جرم انگاری در ارتباط میان مقررات یا اسناد بین المللی و قوانین داخلی کشورها، اثر گذاری حقوق بین الملل کیفری و اسناد منطقه ای و بین المللی بر قوانین ملی بار شد مواجه شده است. در اسلام تردیدی در مشروعیت معاهدات بین المللی نیست چون انعقاد آنها راه و وسیله ای است برای تحقق اهداف عالیه اسلام و لذا حاکم و امام مسلمین می تواند با غیر مسلمین موافقت نامه هایی را چنانچه صلاح دین و امت باشد و یا موجب تالیف قلوب آنان به سمت مسلمین گردد منعقد نماید. لازم به ذکر است که عمده ترین اثری که قوانین جزایی جمهوری اسلامی ایران از جهانی شدن می تواند پذیرا باشد به قلمرو تعزیرات ارتباط می یابد برای آنکه محتوا و مبنای اینگونه از جرایم و اختیارات گسترده مقنن در تدوین و اجرای آنها، این امکان که اینگونه از جرایم با مقتضیات زمان و مکان و تحولات جامعه بین المللی قابل انطباق باشند را مهیا می سازد. Manuscript profile -
Open Access Article
33 - Violations and guarantee of technology transfer in the new model of oil contracts (IPC)
moslem abdi abas karimi ahmad shams mohsen mohebiThe transfer of the latest scientific and technological achievements (transfer of new technologies) is one of the most important and indices in the new paradigm of petroleum contracts (IPC). Higher efficiency and higher productivity, which leads to the highest interest MoreThe transfer of the latest scientific and technological achievements (transfer of new technologies) is one of the most important and indices in the new paradigm of petroleum contracts (IPC). Higher efficiency and higher productivity, which leads to the highest interest and lowest loss in operation, on one hand and the diffusion and localization of technology along with the training of internal forces on the other hand, are important reasons for placing such a commitment in the new paradigm of petroleum contracts. however, the implementation of this obligation will always face various violations by investors (both in scientific and technical dimensions) due to the diversity of transmission methods and the combination of the technologies and the result of investors willingness to import the latest technologies (for more benefit in other contracts). These violations will eventually emerge in three cases: deficient or incomplete implementation, delay in implementation and failure to investigate possible violations in the entry and implementation of this obligation and to guarantee their violation of obligations under the contract; binding commitment, charging fee and termination of contract (which is also applicable in all three claims)as the rule governing the new paradigm of oil contracts. The article has come to the conclusion with descriptive and analytical method and with reference to library that by prolonging the time for claiming damages and creating a suitable deposit, the probability of violation can be reduced to some extent and the set goals can be guaranteed Manuscript profile -
Open Access Article
34 - The Relationship Between Personality Characteristics and Behaviors Reducing Quality of Auditing
Mohammad Mohammadi samaneh tarighiThe reducing audit quality (RAQ) behaviors that arise from the actions of auditors during the audit period, reduces the effectiveness of the collection of audit evidence. These behaviors can affect the quality of the audit and undermine the credibility of the audit prof MoreThe reducing audit quality (RAQ) behaviors that arise from the actions of auditors during the audit period, reduces the effectiveness of the collection of audit evidence. These behaviors can affect the quality of the audit and undermine the credibility of the audit profession. The purpose of this study is to identify factors that reduce audit quality behaviors and explain their relationship with the auditor's personality and their organizational commitment. To this end, 215 questionnaires were sent as sample to private audit institutions throughout Iran, and the required data were collected by using a distributed questionnaire among the statistical population of the study. Afterwards, using statistical analysis, multivariable regression and Pearson correlation, the validity of the research hypotheses was assessed. The results of the research indicate that the incidence of reducing audit quality behaviors directly has a significant relationship with the auditor's personality. Also, the occurrence of reducing audit quality behaviors has a significant and reverse relationship with organizational commitments. Manuscript profile -
Open Access Article
35 - Examining the validity of optional obligations in jurisprudence and law
Muhammad Ali Saidi Sayyid Hasan Wahdati Shubayri Ali Reza Omidian Hujjjat PuladinThe issue of obligations is one of the most important and fundamental issues in law. One of the types of commitment to the validity of the subject is optional commitment. An optional obligation is an obligation that consists of two or more issues and the performance of MoreThe issue of obligations is one of the most important and fundamental issues in law. One of the types of commitment to the validity of the subject is optional commitment. An optional obligation is an obligation that consists of two or more issues and the performance of one of the issues is sufficient to fulfill the covenant and causes the acquittal of the obligee. These obligations are recognized in the law of many countries and are very common in their trade. Despite the many benefits of such obligations, such as greater guarantee and ease in implementing the obligation and preventing the dissolution of the obligation, it is not mentioned in the Iranian legal system and has not received much attention among jurists and jurists and only brief discussions in jurisprudence and The rights are stated in this regard. There is also disagreement in jurisprudence and law about the validity of optional obligations, and many have questioned the validity of such an obligation for reasons such as arrogance, uncertainty, and uncertainty, but none seem to These arguments cannot undermine its validity. In the present study, according to the existing principles in Imami jurisprudence and Iranian law, the validity of optional obligations has been investigated. Manuscript profile -
Open Access Article
36 - Analyzing the role of credit containers in regulating financial legal relations With a comparative study of Shia jurisprudence and the legal system of Iran and France
ali shariati mehr ebrahim abdipoor ebrahim delshad Field and Aims: Today, in legal systems adapted from the Roman-Germanic system, legal issues are generally divided into two parts: rights of obligations and rights of property. In this regard, the authors of the civil law have dedicated the topics of this law to t More Field and Aims: Today, in legal systems adapted from the Roman-Germanic system, legal issues are generally divided into two parts: rights of obligations and rights of property. In this regard, the authors of the civil law have dedicated the topics of this law to the general topic of "property" in the first volume. However, the topics related to the rights of obligations, contrary to being separate in the Roman-Germanic system, are included under the title of "contracts, transactions and requirements" as well as "claiming contracts" despite being modeled on jurisprudence and with the aim of combining the two systems, under the general title of "property". are The present research aims to introduce and place credit containers in realizing the effects of financial legal relations.Method: The present research was carried out using a descriptive and analytical method.Finding and Conclusion: From the point of view of subjectivity, ordering the financial legal relations of individuals in jurisprudence is explained by the two credit containers of "liability" and in the western system, these relationships are regulated by the credit container of "property".For this reason, the philosophy of creating credit vessels, in addition to the mentioned case, is to create minimum dependence of property on individuals and also to give it authenticity in order to facilitate the demand and transfer from one person to another. Therefore, in order to combine property rights and obligations rights, the civil law has established some kind of communication and interaction between credit vessels in order to regulate financial legal relations. Manuscript profile -
Open Access Article
37 - آثارانتقال تبعی عقد اجاره در فقه، حقوق ایران و انگلیس
محمود صوفی ابادی سیدحسین صفائی میرقاسم جعفرزاده -
Open Access Article
38 - ماهیت تعهدات متقابل و تبعی متصدیان حمل‌ونقل اولیه و ثانویه دریایی کالا با مطالعه تطبیقی حقوق ایران و کنوانسیون‌های لاهه، هامبورگ و روتردام
حسین صالحی مسعود رضا رنجبر -
Open Access Article
39 - اقدامات پیشگیرانه دولت ها در جهت حفاظت از محیط زیست دریایی ناشی از حمل و نقل مواد خطرناک در مرحله قبل از وقوع حادثه
هومن فتحی سیدباقر میرعباسی منصور پورنوری -
Open Access Article
40 - موارد غیرقابل انجام شدن تعهدات در قراردادها
hamid rashidi محمود gh حسین hkhosraviیکی از انواع تعهدات که در خصوص مبنا و ماهیت آن، دیدگاههای متفاوتی وجود دارد، تعهدات طبیعی است؛ تعهداتی که برای متعهد ً له، قانونا حق مطالبه نمیباشد، اما اگر متعهد به میل و ارادهی خود، این تعهد را ایفا نماید، دعوای استرداد او مسموع نخواهد بود. موضوع این نوشتار، موارد غیر Moreیکی از انواع تعهدات که در خصوص مبنا و ماهیت آن، دیدگاههای متفاوتی وجود دارد، تعهدات طبیعی است؛ تعهداتی که برای متعهد ً له، قانونا حق مطالبه نمیباشد، اما اگر متعهد به میل و ارادهی خود، این تعهد را ایفا نماید، دعوای استرداد او مسموع نخواهد بود. موضوع این نوشتار، موارد غیرقابل انجام شدن تعهدات در قراردادها است. تعهد رابطه حقوقی است که به موجب آن شخصی در برابر دیگری مکلف به انتقال و تسلیم مال یا انجام کار یا خودداری از انجام کاری می‌شود. در تعهدات قراردادی، حاکمیت اراده به عنوان یک اصل پذیرفته می‌شود و در تعهدات قانونی مبنای تعهد، حاکمیت قانون و «لاضرر» است. غیر ممکن شدن اجرای تعهد ممکن است ناشی از قانون باشد و اگر عدم امکان اجرا امری موقتی باشد یا در فاصله بین ایجاد تعهد و زمان اجرا موجود باشد و سپس رفع گردد، موجب سقوط تعهد نمی‌گردد. در تعهدات قراردادی، حاکمیت اراده به عنوان یک اصل پذیرفته می‌شود و در تعهدات قانونی مبنای تعهد، حاکمیت قانون و «لاضرر» است. غیر ممکن شدن اجرای تعهد ممکن است ناشی از قانون باشد و اگر عدم امکان اجرا امری موقتی باشد یا در فاصله بین ایجاد تعهد و زمان اجرا موجود باشد و سپس رفع گردد، موجب سقوط تعهد نمی‌گردد. Manuscript profile -
Open Access Article
41 - خسارت تأخیر درانجام تعهدات قراردادی در حقوق ایران و کنوانسیون بیع بین المللی
majid safavi saleh yamerli chamran rafeyporزمینه و هدف: از نقض تعهدات قراردادی با عنوان مسئولیت قراردادی یاد می شود که در مسئولیت قراردادی فعل زیانبار غالبا بصورت ترک فعل مانند تاخیر یا عدم اجرای تعهد یا نقض اجرا می باشد. هرگاه در نتیجه تاخیر یا عدم اجرای قرارداد و پیمان شکنی یک طرف به طرف دیگر خسارت برسد، متخلف Moreزمینه و هدف: از نقض تعهدات قراردادی با عنوان مسئولیت قراردادی یاد می شود که در مسئولیت قراردادی فعل زیانبار غالبا بصورت ترک فعل مانند تاخیر یا عدم اجرای تعهد یا نقض اجرا می باشد. هرگاه در نتیجه تاخیر یا عدم اجرای قرارداد و پیمان شکنی یک طرف به طرف دیگر خسارت برسد، متخلف باید آن را جبران کند. این امرنه تنها در مقررات داخلی بلکه در کنوانسیون بیع بین المللی کالا نیز مورد توجه قرار گرفته است. بر این اساس در این مقاله به بررسی این امر می پردازیم که خسارت تاخیر در اجرای تعهدات قراردادی از چه معنا و مفهومی برخوردار بوده و در نظام حقوقی ایران و کنوانسیون بیع بین المللی کالا از چه جایگاهی برخوردار است؟یافته ها و نتایج: هرگاه نقض قرارداد ناشی از عدم انجام تعهد یا تاخیر در اجرای تعهد از ناحیه یکی از طرفین قرارداد موجب خسارت به طرف دیگر شود، وی حق مطالبه و جبران خسارت را دارد. این حق مطالبه خسارت جدای از سایر طرق جبرانی نظیر اجرای اجباری و فسخ قرارداد است. در خصوص شرایط خسارت تاخیر در اجرای تعهدات قراردادی در قانون ایران به مواردی چون اثبات تقصیر، قابل پیش بینی بودن و احراز رابطه سببیت توجه می گردد. از منظر کنوانسیون بیع بین المللی کالا و اصول قراردادهای تجاری بین المللی، هدف جبران خسارت، قرارگرفتن زیاندیده در موقعیت اجرای قرارداد است و بر این مبنا «نظریه جبران کامل خسارت» پذیرفته شده که بر اساس آن، زیان دیده علاوه بر زیان های وارده، هرگونه Manuscript profile -
Open Access Article
42 - Evolution of States' obligations in protecting biodiversity in international open waters
Pegah Nik Far Lialestani Hasan Savari Mohammed Hussain ramezani Ali MashhadhiField and Aims: Biodiversity is one of the main elements of environmental care and the source of human life on the planet and includes plants and animals that live and interact in water, land and air. As technological advances provide more opportunities to exploit the n MoreField and Aims: Biodiversity is one of the main elements of environmental care and the source of human life on the planet and includes plants and animals that live and interact in water, land and air. As technological advances provide more opportunities to exploit the natural resources of the oceans, so do threats to biodiversity. Due to the importance of marine biodiversity in areas outside the national jurisdiction and the increasing use of its resources, the international community's concern for the protection of biodiversity in these areas has increased. Gaps in the legal system of maritime areas outside national jurisdiction double the need for effective action to protect the marine environment in these areas.Method: This research has been conducted in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information has been analyzed in a descriptive-analytical manner.Findings and Conclusions: In order to protect this marine environment, there is a need for the adoption of rules and regulations at the international level, which should be respected by the subjects of international law, because despite the multilateral agreements, conventions and agreements, there is still a binding mechanism. Regarding the protection of the environment, there are no high seas, therefore, given the current commitments of governments in the field of biodiversity protection in the high seas, the need for the adoption of a binding document is felt more than ever. Manuscript profile -
Open Access Article
43 - The International Obligations and Responsibility of States for Access to Treatment and Vaccines for Emerging Global Diseases; Study Case: Covid-19
shahin Mozaheri Jebeli mohsen mohebi mohamadreza alipoorField and Aims: International responsibility, as one of the most basic international legal institutions, creates rights and obligations for members of the international community, especially governments, which provides the basis for the establishment of the rule of law MoreField and Aims: International responsibility, as one of the most basic international legal institutions, creates rights and obligations for members of the international community, especially governments, which provides the basis for the establishment of the rule of law in the international community. In this regard, he first discussed the nature of human rights, the right to access medicine and vaccines, and examined the obligations and role of international community cooperation in dealing with and controlling global diseases, including Covid-19, and then examined the international responsibility of governments towards Violation of obligations related to access to treatment and vaccines for global diseases for people under their sovereign authority has been discussed and subsequently the international responsibility of governments in the field of dealing with newly emerging diseases, including Covid-19, is discussed. Method: The present research has been scrutinized, analyzed, and investigated using a descriptive and analytical method based on documentary studies with a survey tool. Findings and Conclusion: International Health Regulations (2005) along with some rules of the Agreement on the Application of Sanitary and Phytosanitary Measures (1994), the core of the obligations between international organization of governments to control and deal with global diseases, including covid-19, and on the other hand, paying attention to the importance of the cooperation of governments in dealing with global diseases, commitment It is against the international community and neglect and negligence on the part of the governments in this field, including treatment, Manuscript profile -
Open Access Article
44 - تعهدات و مسولیت‌ها‌ی فرستندۀ کالا در کنوانسیون روتردام؛ مطالعه تطبیقی با قانون دریایی ایران، کنوانسیون‌های بروکسل و‌هامبورگ
میثم یاری بهروز مهاجری -
Open Access Article
45 - Comparative comparison of women's convention with women's human rights in Iran's domestic laws
masoumeh ramezani tahere ebrahimifar Ardeshir SanaeiThe current research aims to investigate the approach of the Women's Convention as well as Iran's domestic laws to the issue of women's human rights, by using a qualitative method based on collecting information from library sources (documents) and the analytical-descri MoreThe current research aims to investigate the approach of the Women's Convention as well as Iran's domestic laws to the issue of women's human rights, by using a qualitative method based on collecting information from library sources (documents) and the analytical-descriptive method, and aims to answer the question that the Women's Convention and Also, what is the approach of Iran's domestic laws to women's human rights and how have the examples of these rights appeared in the aforementioned legal sources? The findings of this study indicate that legal conflicts in the fields of citizenship, women's residence and housing, family rights, cultural rights, right to employment, right to inheritance, political rights (right to be elected), legal capacity, equality before the law and so on.It can be seen between Iran's laws and the provisions of the Women's Convention, which is mainly due to differences in interpretations and the existence of some legal ambiguities; These conflicts have caused the Islamic Republic of Iran not to join the United Nations Convention on Women, and this non-adherence has fueled claims that this country is a "violator of women's rights"; However, the claim raised has not had a significant legal basis and influence in international forums and courts, but what is trying to make this claim appear more legal are political bases and factors such as the influence of the West against Iran, a political and selective approach to the category. Human rights in Iran are anti-Islamism and the West's stubbornness towards Iran, Manuscript profile -
Open Access Article
46 - Breach of U.S Extraterritorial Obligations through Unilateral Economic Sanctions against Iran and Competence of International Human Rights Bodies
Amir Maghami Ali Akbar Jafari NadoushanUS Unilateral sanctions against Iran aimed at changing the behavior or change of the political system of the Islamic Republic of Iran have directly and indirectly led to the violation of Iranian people human rights, and in particular to the challenge of economic rights. MoreUS Unilateral sanctions against Iran aimed at changing the behavior or change of the political system of the Islamic Republic of Iran have directly and indirectly led to the violation of Iranian people human rights, and in particular to the challenge of economic rights. The present descriptive-analytical paper shows that these sanctions violate extraterritorial commitments to respect to human rights and international cooperation by US. Among international human rights organizations, the Human Rights Council has the authority to hear them through Universal Periodic Reports (UPR) procedure or through special procedures. The council can also address individual complaints about human rights violations due to sanctions, in which case, in addition to the US government, third-party States with international Responsibility can also be sued. The competence of other international human rights organizations and even the International Criminal Court (in terms of the relationship between crimes against humanity and human rights) is further assessed. Manuscript profile -
Open Access Article
47 - Explain the dimensions and components of the position of intellectual property rights in the system of public international law
Pezhman Mirkarimi Seyed Bagher Mirabbasi Maryam MoradiThe purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the MoreThe purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the world, which is considered one of the most fundamental concerns of humanity today. Intellectual property rights are also a bridge between international law and private law, it is protected by international laws and is considered one of the most important issues of the present age due to its limitless application. Its importance is more evident when it breaks geographical borders in the international arena, brings growth, scientific progress to countries and shows its effect from one country to another. But what is the role and position of intellectual property rights with such broad dimensions on the most important goal and mission of the international law system, which is the realization of global order, peace and security? In this research, by examining the place of intellectual property rights in the international legal system, it was concluded that intellectual property rights, in addition to their positive effects on the fulfillment of international obligations, also have negative effects on these obligations and in some cases, their effects lead to the violation of international obligations. and endangers global peace and security. The production, invention, use and expansion of weapons of mass destruction by the owners of intellectual property rights, monopolizing the production of drugs, medical equipment, vaccines and Manuscript profile -
Open Access Article
48 - Investigating the Effects of Tax Incentives on Tax Compliance and Business Outcomes of Taxpayers Using Agent-based Modeling Approach
Foroogh Moezzi Mohammadali Keramati Mohammad Ebrahim Mohammadpour ZarandiTaxation is one of the main incomes of the government, and the government uses tax incentives as a key tool to improve tax compliance among taxpayers. This study aimed to understand the effects of tax incentives on tax compliance and business outcomes of taxpayers. Cons MoreTaxation is one of the main incomes of the government, and the government uses tax incentives as a key tool to improve tax compliance among taxpayers. This study aimed to understand the effects of tax incentives on tax compliance and business outcomes of taxpayers. Considering its purpose, this study is an applied research, and regarding its data collecting method, both field and secondary research methods have been used. In secondary research, we used books, national journals, and relevant articles form national and international databases, while in field research we used direct observations and interviews. Using various methods and tools for collecting the data, we investigated the agents, their interactions with each other and with the environment, and at the end, we analyzed the collected data using AnyLogic software, and the three hypotheses of the article were investigated. The results indicate that the tax incentives for any taxpayer can decrease the corresponding tax perception, which leads to tax compliance and change in the profitability and costs. Manuscript profile -
Open Access Article
49 - Synthetic Collateralized Debt Obligations and Kth to Default Swaps Valuation Using Copula Model
Alireza SaranjIn this paper, I present an approach for valuing credit default swap (CDS), tranches of synthetic collateralized debt obligations and kth to default swaps. One-factor gaussian copula model is utilized to model default correlation for each pair of companies. In this rese MoreIn this paper, I present an approach for valuing credit default swap (CDS), tranches of synthetic collateralized debt obligations and kth to default swaps. One-factor gaussian copula model is utilized to model default correlation for each pair of companies. In this research, I analyze the effect of different hazard rates and different default correlation between each pair of names on the spread to buy protection for multi-name credit products. The findings in the valuation of a tranche of a CDO show that if the correlation is low, the junior equity tranche is very risky and the senior tranches are very safe. As the default correlation increases, the junior tranches become less risky and the senior tranches become more risky. The valuation of kth to default swaps also shows that as the hazard rate increases, the spread of all swaps increases. Also, increasing the correlations between all firms while holding the hazard rate constant lowers the cost of protection in kth to default CDS if k is small and increases it if k is large. Manuscript profile -
Open Access Article
50 - Presenting a Model of the Factors Affecting the Non-fulfillment of Organizational Commitments of School Principals in Kerman Province
amin mahmoudabadi ali yaghoubipoor mohammad montazeriOrganizational commitment is a continual process by which administrative staff believe in the values and goals of their organization and strive for them. Sometimes, they do not fulfill their commitment and as a result, underachievement, absenteeism, and irresponsibility MoreOrganizational commitment is a continual process by which administrative staff believe in the values and goals of their organization and strive for them. Sometimes, they do not fulfill their commitment and as a result, underachievement, absenteeism, and irresponsibility would arise. The aim of the present study is to offer a model for factors affecting non-fulfillment of organizational commitments among school principals of Kerman Province. This study was applied in purpose and mixed in method. The population in the qualitative part was education experts of Kerman province with management and policy-making experience 20 of whom were selected by purposeful sampling to reach theoretical saturation. In the quantitative part, 153 out of 256 principals and vice-principals of the first and second secondary schools of Kerman province in the academic year of 2021-2022 were recruited following Cochran's formula, using multi-stage cluster sampling. A semi-structured interview and a researcher-made questionnaire were used to collect data. The validity of the questionnaire was estimated 0.61 using the average variance extracted, and its reliability was 0.95 and 0.86 using Cronbach's alpha and composite methods, respectively. Data were analyzed with open, axial and selective coding and structural equation modeling in SPSS-26 and PLS 3. Results showed that all the components of non-fulfilment of organizational commitments were identified and confirmed Manuscript profile -
Open Access Article
51 - The Extent of the Government's Economic and Social Commitments in the Liberal Thought Approach
alireza asgari Mansoor Farrokhi yaser rostaei Hossein EbadiCitizenship or public and citizenship rights are a set of civil, political, social and economic rights that a person enjoys as a citizen of a state. The design of the dimensions of citizenship rights, in particular as it relates to the state, is closely linked to our th MoreCitizenship or public and citizenship rights are a set of civil, political, social and economic rights that a person enjoys as a citizen of a state. The design of the dimensions of citizenship rights, in particular as it relates to the state, is closely linked to our theoretical foundations and our conception of 'people's position'. Citizenship is a broad set of political, economic, social, and cultural rights that focuses on citizens' duties and responsibilities to the state and society. The Islamic view in this regard is fundamentally different from other law schools. Citizenship is a legal status defined by civil, political, social, economic and cultural rights. In this sense, a citizen is a person who has the right to act within the meaning of the Freedom of Law and has the right to claim legal protection. Social life and the formation of government in society have requirements that require the interaction of the state and the nation. The fundamental views and foundations of public law in each country, in addition to explaining the formation and legitimacy of government, also regulate the relationship between government and the people. The Study of Citizenship Although the rights and duties of the people towards the community or the government are addressed under various headings, including the rights of the state to the people Manuscript profile -
Open Access Article
52 - Environmental obligations of governments; Systematic or fragmented politics
sodabeh namdariyan leila resisi dozdakiInternational Law of water is a subcategory of International environment law which they overlap in terms of applicable laws. While the field of international law of water is a brand-new field and many of its aspects face research gap dealing with each aspect can be rega MoreInternational Law of water is a subcategory of International environment law which they overlap in terms of applicable laws. While the field of international law of water is a brand-new field and many of its aspects face research gap dealing with each aspect can be regarded untapped. States accept obligations through different treaties and conventions by which they are obliged to perform, the field of water which the most important parts are international watercourses and freshwater at the international arena are of high significance. Managing and protecting such waters brings up challenges from the perspective of international law for the watercourses states which it is due to fragmentation of international law. Some believe in coherence and systematic aspect of this field, but some others bearing in mind fragmentation of international law, believe that international law of water is also affected by fragmentation. In this article we attempt, regarding environmental obligations of states, to examine fragmentation and coherence aspects of the existing rules. Manuscript profile -
Open Access Article
53 - One Common Way to Deny the Validity of an Arbitration Agreement is to Invalidate the Original Contract or to Terminate theOriginal contract
mehdi asgharimoghaddam مصطفی ماندگار مصطفی السانOne common way to deny the validity of an arbitration agreement is to invalidate the original contract or to terminate the original contract: the invalidity of the arbitration agreement argues that because the original contract is invalid, the arbitration clause is inva MoreOne common way to deny the validity of an arbitration agreement is to invalidate the original contract or to terminate the original contract: the invalidity of the arbitration agreement argues that because the original contract is invalid, the arbitration clause is invalid or Since the original contract has been terminated, the arbitration contract must also be considered as terminated and as a result the arbitrator is not competent to deal with the dispute. If a transaction is terminated as a result of termination or cancellation and as a result of the original of the transaction or contract it is dissolved, the foreseeable arbitration clause will, like all other obligations and conditions, be void unless the parties to the dispute Going to the principle of a contract or transaction and terminating the validity of a dispute may be disagreed that it must be treated in accordance with Article 636 of the Old Civil Procedure Code. And the mere insertion of an arbitration clause in a contract that has been terminated or annulled is not an obligation for the court to refer to arbitration. In the present study, the author attempts to investigate the ambiguities in the arbitration terms and the effect of claiming the termination of the contract on the arbitration condition, as well as to find legal vacancies around it using a descriptive-analytic method. Manuscript profile -
Open Access Article
54 - The General Condition of “Power Over Submission” from the Viewpoint of Imamiyah Fiqh and Iranian Law
Seyed Amir Mahdi Amin سیدحسن شبیری زنجانیThe concept of “power over submission” is discussed in the context of Imamiyah jurisprudence and Iranian law, specifically in the domain of sales. However, it is not confined solely to sales; rather, it is an essential element of all contractual obligations. In essence, MoreThe concept of “power over submission” is discussed in the context of Imamiyah jurisprudence and Iranian law, specifically in the domain of sales. However, it is not confined solely to sales; rather, it is an essential element of all contractual obligations. In essence, as contractual obligations are not explicitly elaborated in Imamiyah jurisprudence (Fiqh), the principles of contractual responsibilities, including “power over submission”, are expounded within the framework of sales contracts. This signifies that the property must be placed under the control of the obligated party in a manner that enables possession and enjoyment of the delivered item. The current descriptive-analytical research illuminates the ambiguities surrounding “power over submission” in unilateral obligations or those related to administrative, documentary, and tax matters. It extends the universality of this condition from sales contracts to encompass all contractual obligations in Imamiyah jurisprudence and Iranian law. The conclusion drawn is that the ability to enforce an obligation is a prerequisite for the validity of any legal act, whether it pertains to proprietary, and covenant contracts, specified and unspecified contracts, as well as unilateral obligations. Since the legal provisions regarding this condition in civil law are not comprehensive, an amendment to the relevant Articles is suggested for consideration by the legislator. Manuscript profile
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