JOURNAL OF INTERDISCIPLINARY LEGAL RESEARCH
Year:2021 | Volume:1 | Issue:4|Papers Count:6

Background and Aim: This article tries to study the provisions of Article 381 of the Islamic Penal Code of 1392 based on the study of criminal policy and to point to the discourse of participatory criminal policy and its effects in the execution and fall of the sentence of premeditated murder in the book of retribution. Materials and Methods: The research method in this paper is descriptive-analytical. Ethical Considerations: Ethical considerations regarding the writing of texts as well as references to sources were observed. Findings: The findings of this study indicate that the prosecution of the offender and the punishment of retaliation in premeditated murder are subject to the request of the guardian, but in case of pardon and compromise with the offender, the responsibility in terms of public is left to official government authorities. Thus, in Iran's criminal policy, the guardians of the tail, along with the government, the treasury and the Supreme Leader, participate in responding to the criminal phenomenon of premeditated murder. Conclusion: In response to the violations of norms that occur in society, although in accordance with the provisions of the Islamic Penal Code, the determination and application of punishment is in the exclusive competence of the government. However, in determining, executing and dropping the punishment of retaliation, based on the teachings of jurisprudence, the victim and the guardian have been given an important role and position as the primary and secondary victims of premeditated murder. Islam can be mentioned.

Background and Aim: This Article deals with the legal solutions to address dumping in electronic trade. The experiences of different countries as well as the review of the international conventions show that a new move has been emerged to counter dumping. However, electronic trade as a recent phenomenon has a particular nature. Materials and Methods: The research method in this paper is descriptive-analytical. Ethical Considerations: Ethical considerations regarding the writing of texts as well as references to sources were observed. Findings: This Article examines and analyzes the legal framework in the field of dumping in the context of electronic trade. In order to present a comprehensive study, this Article also considers comparative aspects of the subject. On this basis, situations where dumping may occur in electronic trade, the examination of legal provisions in Iran, the legal means to enforce sanctions to protect fair competition in the market, and their comparative study will be addressed. Conclusion: This Article concludes that despite proper laws in Iran, due to the lack of an appropriate framework, effective enforcement of such laws is yet to be achieved.

Background and Aim: The international law of the seas is based on the strong shoulders of the powerful system of international custom that has been repeatedly cited by international judicial and arbitration authorities. Therefore, in a comprehensive study, it was necessary to study the customary rules of delimitation of maritime areas, which have undergone many changes and transformations over the centuries. The present article examines this trend with a brief look at the customary rules of delimitation of maritime areas. Materials and Methods: The research method in this paper is descriptive-analytical. Ethical Considerations: Ethical considerations regarding the writing of texts as well as references to sources were observed. Findings: Customary international law has played an important role in the process of forming the international law of the seas and shaping the necessary criteria to evaluate its rules. The principle of the commonality of the seas, the national authority over the seas, the principle of the freedom of the seas in the Middle Ages, the judgment of the maritime courts and the legal opinions of the maritime dispute resolution authorities are evidence of the customary rules governing the seas. If the customary rules are so effective in the formation of the rules of delimitation of maritime areas that need special attention, then the course of its evolution was examined and the impact of customary rules on the development of the law of the sea was examined. Conclusion: This article emphasizes that customary law has not provided a specific method for delimitation that is legally binding or creates a privileged position over other methods.

Background and Aim: The General Agreement on Trade in Services, as one of the three main agreements attached to the WTO Agreement, contains two categories of general and specific obligations. General obligations are obligations that members are required to comply with when joining the organization. Specific commitments include market access, national behavior, and additional commitments, which are determined and negotiated through national tables appropriate to the terms and level of each member's commitments. Materials and Methods: The research method in this paper is descriptive-analytical. Ethical Considerations: Ethical considerations regarding the writing of texts as well as references to sources were observed. Findings: WTO members are required to align their domestic laws with WTO requirements. In Iranian law, there are cases of conflict with the requirements of GATS specific obligations that need to be resolved in accordance with the rules of the organization. Conclusion: Articles 81 and 82 of the Constitution, the rules of investment and tenders in Iranian law are in conflict with the specific obligations of the World Trade Organization.

Background and Aim: Since pharmaceutical patents have been recognized, there have been challenges between them and the right of access to Medicine. From one hand, the interests of inventors and pharmaceutical firms, and from other hand, the right of access to medicine specially for the people who live in developing or law developed countries, has forced global Organizations to find a solution for this problem. Because of this reason, international Conventions and Agreements have predicted solutions to help developing countries considering provisions for access to medicine. The aim of this research is a study of Challenges between Access to Medicine and Pharmaceutical Patents and offering solutions applied to make balance between these rights. Materials and Methods: The research method in this paper is descriptive-analytical. Ethical Considerations: Ethical considerations regarding the writing of texts as well as references to sources were observed. Findings: Pandemic diseases lead to a Crisis. People all over the world are anxiously following the efforts that are being exerted by scientists whose prime aim is to find (invent) a curative medicine. The challenges between pharmaceutical patents and the right of access to medicine as a human right, have been always a problem for Critics and developing Countries, but due to their legal status, it is impossible to prefer one which stems from Intellectual Property Right and omit another one which stems from human right. Conclusion: In conflict between right to health and patent, compulsory License, parallel import, Bolar exception, Waiver Decision and adjust and control the price can be noted.

Background and Aim: Receiving and payment of money constitute a major part of banking activities. Banks are involved with different individuals and customers every day. The variety of payment methods and the plurality of it may cause a mistake in payment to a third party. This article discusses the types of mistakes in payment and its restitution practices. Materials and Methods: The research method in this paper is descriptive-analytical. Ethical Considerations: Ethical considerations regarding the writing of texts as well as references to sources were observed. Findings: In the course of bank and interbank payments, in some cases, due to human resource errors or disruption of computer systems, payment may be made inappropriately. If the bank is responsible for this wrong payment, the practical procedure of the banks in such cases is that if the recipient has an account in the bank, the bank, based on the contract he signed with his client at the time of opening the account and one of the articles of the contract, can withdraw the money from his account. Conclusion: Payment is often done to fulfill the obligation. This obligation may result from binding contract or any other cause. There is no difference in payment between banks and others. If a person makes an undue payment, it could be refunded.