LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)
Year:2018 | Volume:10 | Issue:2 (28) |Papers Count:10

The economic diplomacy refers to the formal diplomatic measures which support the economic interests of states internationally. The emphasis of these measures is on the amplification of exports, absorption of foreign investments, and participation in the international economic organizations. They actually link power and welfare. Diverse governmental and nongovernmental actors work in this field whose scope of action is determined by different laws; the development plans are among the most important ones. The main question of this article is to recognize the shortcomings of 4th, 5th, and 6th of the Development Programme regarding the economic diplomacy. In search for the answers, this hypothesis shall be evaluated that the most significant structural weak points of these plans regarding economic diplomacy are; lack of practicable and precise definitions, lack of specification of the duties of the major acting institutions of economic diplomacy such as the Ministry of Foreign Affairs, lack of emphasis on the dé tente policy and interaction with the world economy lack of institutionalization of its requirements, and absence of constructing a set of attached arrangements for economic, commercial and corporative diplomacy. This research suggests that various obstacles for absorption of foreign investment exist in Iran, such as the lack of coordination between different governmental and nongovernmental institutions. Furthermore, the lack of adequate and appropriate performance bonds in the texts of the development plan laws has been a general and problematic issue. The descriptive-analytical research method is used in this article and its required data and facts are collected from scribal and online references. Other objectives of this research are to explain the reason of the insertion of economic diplomacy in the developmentprogrammes and to present some solutions aimed at improving the operations in these domains.

Electronic evidence can be a product of different situations: Someone enters the data into a computer, the computer is performing a user's request or a computer automatically processes information. Therefore, Electronic evidence includes databases, operating systems, computer programs, computer generated models, electronic, audio records, and any type of information or instruction which is stored in computer memory or exchanged, processed, recovered or generated through computer or telecommunication systems. Authenticity or genuineness and admissibility of electronic evidences are subjects of this paper. We are discussing this subject by relying on the law of Iran, UNCITRAL Model Laws and Convention and related precedent from common law countries. Finally, it is suggested to the Iranian legislator to approve an Act to prohibit providing audio or image or video from others without their permission and without legal or judicial authorization, as well as non-admissibility of evidences provided with these illegal methods. In this way, citizenship rights will protect against the misuse of new technologies.

The importance of building up confidence in the public sphere on one hand and the total separation of business law from criminal control on the other results into the very strategic use of tools of penal control in the sphere of trade. The main question of this essay that what strategies must guide the criminal law policy in the sphere of business given the principles governing commercial law. Based on this, it is argued that damage-based civil law responses can save us from harsh criminal law strategies. Aditionally, minimal criminalization and distinguishing our strategies in this field from the economic crimes can be viewed as important components of criminal law policy in this regard.

Although ECHR and first protocol contains a provision concerning right to freedom of religion and freedom to practicereligion as well right of parents to choose their children’ s religious education, permission of derogating from their obligations result in providing margin of appreciation by contracting states in order to interpret and apply mentioned rights. It may not be going too far to say that one does not understand the margin of appreciation unless one obtains a proper appreciation of widespread application of the principle of proportionality. The interaction between the principle of proportionality and margin of appreciation is of significance in securing the right to freedom of religion by contracting states. This article shall examine the status of freedom of religion and its scope in European system. In the light of resent cases, Having defined how European courts will ascertain scope and extent of margin of appreciation, we shall deal with this question ofhow d European courts synthesize a dialectical relationship between the general interest of society and the interests of individuals? It seems that the Court, in many cases, seeks to synthesize the principle of proportionality and establish a fair balance between ensuring the individual rights on the one hand and the society's necessities as well as the intended purpose of state on the other.

Climate change is one of the problems resulting from increasing greenhouse gas emissions. To solve this problem, the climate change regime, including Framework Convention (1992), Kyoto Protocol (1997) and Paris Agreement (2015) with obligations to the gradual decrease of greenhouse gas emissions have been created. Due to lack of lex Specialis on international responsibility inthe matters of climate change, general rules of international responsibility are applicable to any international wrongful acts of states and compensation for damages suffered by victim states. However this study indicates the system cannnot prove the element of due to uncertainty in causality. Therefore, it faces a challenge in regard to breach of obligation element, because of lack of unconditional obligation in prohibition of emissions; and finally the system faces ambiguity in compensation, because of subjective excluding of compensation especially in Paris Agreement. Consequently, state responsibility is inefficient in the context of climate change and recent developments in this area emphasie ethical responsibility in energy consumption to rectify the relative inefficiency of legal responsibility.

Web. 2 (The second generation Internet) has created an environment named “ the virtual social networks” in which the users interact with each other and produce intellectual works. In order to gain access to the network, users are unconditionally required to accept a unilateral and pre-drafted agreement named “ Terms of Use agreement. ” One of the most significant terms in this agreement is the non-exclusive, royalty-free and worldwide license which the user grants to the Social network provider for any commercial or non-commercial use. The main issue in this research is to determine the subject domain of the above-mentioned obscure license, its termination condition and the authenticity and enforceability of its terms based on the USA legislation as a pioneer at E-commerce and social networks as well as the strategies adopted in Iran’ s E-commerce Act and intellectual Property laws. Finally this article implementing archival method with descriptive analytical approach, concludes that the terms of the agreement must be interpreted narrowly in favor of the creators (users) and may be procedurally and substantively unfair. This can lead to the invalidation of the condition and even the entire contract.

Choosing appropriate method of dispute settlement is of utmost importance considering the fact that disputes are inevitable in contracts. This paper investigates one of the Alternative Dispute Resolution in international trade law known as Mini-Trial method. Two important questions are addressed: how is dispute settlement conducted via Mini-Trial method? How is it different from other alternative dispute resolution methods? This paper shows that this method is an optional, fast, informal and confidential compromise structured with the presence of senior executives and impartialparty. The parties shall submit their case to the senior management of each party authorized to settle disputes and then settlement negotiations begin. Mini-Trial method is not only a legal method, but also a management technique to settle disputes. The result of this process would be put in practice providing both parties agree to do so.

Based upon Iranian oil and gas new contract model, contractors will be in charge of execution of exploration, appraisal, development and production operations over contract area for a period more than 20 years. As a result, it is possible that a petroleum field or structure to be common between two or more contracts areas that may cause serious physical and economic waste of resources. Unitization is a method that host governments use to avoid negative impacts of the mentioned situation. As it is first time that unitization notion is included in Iranian petroleum contracts, executive body of N. I. O. C and contractors are less familiar with it. Through this article we endeavor to explore most important issues and problems regarding negotiations on unitization agreements between contractors and analysis and discuss them from the technical and legal point of views. The results could be of help in developing related regulations and negotiations between contractors.

Securities Issuers are required to disclose important information relating to the securities in primary and secondary market. The main purpose of imposing this obligation on issuer is informing investors to allow them to make informed decisions about securities transactions. In addition to the primary obligation to disclose information, t issuers are required to correct and update information after the disclosure of the information, the correct information is wronged or its falsity is discovered. The purpose of this paper is to determine the extent of the issuer's obligation to correct rumors. When false information is published publicly by the third parties(the rumors), issuer's duty to correct the false information is doubtful. On one hand, due to the existence of the aforementioned basis in this case (informing investors to allow them to make informed decisions) we can talk about issuers obligation to correct the rumors. Specially because the rumors often influence on the share price and investors decision and there is not any authority, It can be told that with regard to special features of securities market, accepting the duty of issuer to correct the false rumors, even if it is not attributable to the issuer, is better and more efficient. The research methodology of this paper is an analytical-descriptive method and the subject will be studied comparatively.

The cooperation of Parties and non-parties with the International Criminal Court is one of the most important factors for the realization of justice by this institution. The commitment of states in this area is based, as the case may be, on the Statute of this institution or on the Security Council resolution, or both. When referring the situation by the Security Council, the basis for cooperation for non-member States, is the resolution of this council, and for States Parties, is the statute. If the resolution of the Council entails the commitment of the members to cooperate, then both the statute and the resolution shall be considered as binding sources. This article, while investigating the legal foundations of a commitment to cooperation of non-member states with the Court, concludes that although the Security Council is able to impose obligations beyond the statute to non-member states, it has not yet exercised its discretion with regard to the cases of Sudan and Libya. Therefore, the commitment of such states to "full cooperation" with the Court should be regarded as a commitment based on the Statute.