Law
A. Khosravi
Abstract
Water plays a vital role in human life, affecting not only the functioning of the body but also other human rights. For this reason, in recent decades, international bodies, including the Committee on Economic, Social and Cultural Rights by approving Comment No. 15, have identified the access to water ...
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Water plays a vital role in human life, affecting not only the functioning of the body but also other human rights. For this reason, in recent decades, international bodies, including the Committee on Economic, Social and Cultural Rights by approving Comment No. 15, have identified the access to water as a human right. But it is not easy to enjoy this right because of limited water resources, its non-availability, contaminated surface waters and the like, and it always creates problems for people, their families and even the community. Governments as the primary bound of this right have also sought to privatize water, because of the expense involved in collecting, storing and supplying water. But the question that arises is that, given that privatization leads to commercialization and economization of water, can it meet the characteristics and requirements of the right to water? Although there is no single global or regional model for this, the paper attempts to answer this question first by examining the nature and characteristics and requirements of the right to water from the perspective of international documents, especially the interpretative theory, and then characteristics and nature of privatization in this regard.
Law
G.A. Ghasemi; M. Akefi Ghaziani
Abstract
Covid-19 has encountered the global economy with numerous challenges, including foreign investments. States are obliged under international law for the health and security of their citizens. However, measures taken to secure public health in the face of a disease outbreak have caused many losses to investment ...
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Covid-19 has encountered the global economy with numerous challenges, including foreign investments. States are obliged under international law for the health and security of their citizens. However, measures taken to secure public health in the face of a disease outbreak have caused many losses to investment activities. Governments are tossed up between the protection of public health and foreign investment, and they often choose the former and adopt necessary measures. Through a descriptive-analytical method, this article tends to answer the key question that “what are the legal aspects of foreign investments that have suffered losses, and how all these measures adopted by states are legally justified?”. Therefore, after an introduction to the crisis, in three chapters, the States' international commitment to control infectious diseases, legal dimensions of foreign investment, and the legal challenges of dispute resolution are analyzed. Finally, it is concluded that the States are committed to controlling the spread of infectious diseases under the international health regulations and the core human rights instruments. Therefore, declaring a state of emergency and other restrictions are not only justifiable but also the part of an international commitment. However, these measures expose foreign investments to unprecedented damages. The overflow of the investment claims is considered a serious threat to the receiving States. Considering the present uncertainty, due to the lack of recorded judgments by international courts and tribunals on this issue, IIAs, customary international law, and the rules of responsibility of States will eventually shape the foundations of the decisions of authorities.
Interdisciplinary
S. Kasnavi; S. N. Ebrahimi; M. Bagheri
Abstract
Financing sources used in infrastructure project is not merely equity capital, it is rather more debt capital. One of the most practical method in this regard is project finance. Because of two inherent characteristics of project finance- high leverage and non-recourse - it's necessary to consider special ...
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Financing sources used in infrastructure project is not merely equity capital, it is rather more debt capital. One of the most practical method in this regard is project finance. Because of two inherent characteristics of project finance- high leverage and non-recourse - it's necessary to consider special contractual rights for lenders. The existence of these rights and taking control over the project lead to high interdependence and nexuses of contract to the extent that we can assert the existence of contractual network in project finance. Contractual networks as a separate nature consider more flexibility to draft project contracts and can help to absorb more investment.
Law
A. Shams
Abstract
In countries with different ethnics, local people highly seeking to control local internal affairs administration by themselves. If central power cannot, in stable conditions, guide this tendency well, and reinforce national consensus field, in instable conditions, disintegration field of the country ...
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In countries with different ethnics, local people highly seeking to control local internal affairs administration by themselves. If central power cannot, in stable conditions, guide this tendency well, and reinforce national consensus field, in instable conditions, disintegration field of the country will be provided. In historical background of our country, both experiences have been existed: experience of Safavid Dynasty and dynasties after that till Pahlavi era and "administrating of local public affairs with three different approaches is a contemplative experience, for enforcing theoretical and practical principles of administrating local affairs in Iran. The present interdisplinary research relevant to Public Administration & Public Law, in the light of target, is theoretical and fundamental research directed towards revealing historical facts as well as its data collection conducted based on "documentary study". In a more obvious term, research methodology in this article is historical research and survey method with analytical-descriptive approach: in this respect, at first by using sources, events and incidents are described, and then analyzed, and finally new proposals will be provided that will give us new achievements in this field.
Interdisciplinary
F. Daneshvar
Abstract
The interaction between law and ideology is both complex and contentious. This stems from differences in opinions on the definitions of the two concepts and the various ways in which ideology and law might be related to one another. Moreover, the existing diversity in the literature concerning ideology ...
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The interaction between law and ideology is both complex and contentious. This stems from differences in opinions on the definitions of the two concepts and the various ways in which ideology and law might be related to one another. Moreover, the existing diversity in the literature concerning ideology takes the biggest share of the blame. Hence, to clarify the relationship between ideology and law, one must first do an interdisciplinary study of the existing approaches towards the concept of ideology, as well as its general and specific definitions, and ultimately, the selected definition of ideology must be presented. The theories regarding the relationship between ideology and law may be divided into three categories, namely, autonomy of law, subordination of law to the ideology, and the influence of ideology. Interdisciplinary studies show that the first theory has not been successful in proving the autonomy of law. Likewise, the second theory has failed to address and respond to substantial issues as to its claims. Lastly, the influence of ideology theory has failed to deal with how ideology has been reciprocally affected by law. Nevertheless, the idea advocating the reciprocal relationship between law and ideology, while assuming a particular meaning of ideology, has drawn our attention to the importance of political and sociological factors in understanding law, highlighting the role of law in changes in the prevailing political culture and the dominant ideology in the society.
Interdisciplinary
Sh. Kasnavi
Abstract
The assessment of any legal system, such as trademark law, requires a comprehensive understanding of that system, and this can be made possible only through awareness of the objectives and foundations of that system. This awareness in trademark law helps us interpret better, especially where there are ...
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The assessment of any legal system, such as trademark law, requires a comprehensive understanding of that system, and this can be made possible only through awareness of the objectives and foundations of that system. This awareness in trademark law helps us interpret better, especially where there are no statutes. Trademark law is highly influenced by both moral and legal issues and the basics of market economy because trademark has fully economic dimensions as well, and the existence of trademark depends on the economic efficiency of the market. This highlights the necessity of an interdisciplinary approach with the aim of understanding this supportive system. Natural law theory and contractual theory legally justify the protection of trademark. Beside these two theories, the search cost theory and incentive of producers, as two important economic factors, justify the protection of trademark even more powerfully. Nonetheless, trademark legal system relies on all these foundations and each of them is necessary to interpret trademark law.
