NAMEH-YE-MOFID
Year:2007 | Volume:12 | Issue:2 (58 LAW)|Papers Count:9

Folklore consists of two separate words, "folk" and "lore". "Folk" means people and "lore" means knowledge. Generally, the folklore expressions consist of culture and traditional knowledge. On the other hand, we can define folklore as a collection of works and creations of a certain group or ethnic that may belong to a nation, consist of tangible and intangible elements, such as, literature and artistic works, folk beliefs, practices, knowledge, technology, folk medicine etc. Principally, the characteristics of folklore are longtime, special domain and approach of behavior. The scope of the low of folklore, generally, consists of artistic folklore, traditional technology, folk literature and folk practices. The role of folklore law is identification and protection of expressions of folklore. However, in this article we try to offer a suitable definition for folklore and expressions of - folklore. Then, we examine the national, regional and international. Efforts in relation to folklore, for example, "Model Provisions"(1982) made by UNESCO and WIPO and Copyright Law of Iran (1348).

This article deals with the question whether the contract of hire of persons is a promissory contract or a possessory one. The concepts of promissory and possessory contracts in Shiite jurisprudence and Iranian law are studied in Section One. Section Two explains the position of the contract of hire of persons in this division. The overwhelming view in Shiite jurisprudence, and hence the position of the Iranian Civil Code, is that hire of persons is a promissory contract. Thus, Section Three makes a comparison between the effects of the theories of the promissory or possessory character of the contract of hire of persons. Shiite jurisprudence's compliance or noncompliance with the first theory is studied in Section Four. Finally, after explaining the concepts of property and ownership, the authors try to justify this theory.

The paper investigates the private international law implications of national regulatory laws and welfares in contract and tort law. The emergence of various forms of regulatory laws, and the idea that contract and tort law are mechanisms for implementation of distributive justice and welfare values, present a challenge to conventional conflict of laws theories. As a response to such developments and given the changes that global society is undergoing, national conflict of laws system have responded in different ways. This paper, while discussing and evaluating the most famous conflict of laws systems, tries to offer a more balanced and comprehensive picture. The paper adheres to a distinction between corrective and distributive justice for both national and international private interactions. As much as rules of contract and tort law should not be utilized to achieve welfare values and distributive justice, in an international context the domains of corrective and distributive justice should a fortiori remain distinct.

In this paper, theories of the negative conflict of law or renvoi are analyzed. These theories, beside enjoying legal support in the jurisprudence of countries such as France, are defendable in private international law systems of other countries including Iranian legal system. This article, while studying the renvoi in comparative private international law, tries to investigate the issue in Iranian legal system. Iranian legislature has not accepted the renvoi in second degree, however many countries have accepted this principle, specially that its adoption is neither against the private international law, nor against the Iranian jurisprudence.

Possibility of doing commercial processes (advertisement, invitation to treat, ordering, offer, acceptance, delivery and reception) via electronic means about many goods has supported the thought of resolving disputes in the same method (electronic). Online arbitration is only one of mechanisms that has been foresighted and has operated. In this paper, with emphasis on the online arbitration's reliability, in spite of its analytical and practical problems, we discuss advantages, disadvantages, deficiency and other legal issues in this subject. The paper has two approaches: necessity of issuing enforceable awards and coverage of New York Convention on online arbitration awards.

The WIPO and TRIPS have special manners for the settlement of intellectual property disputes. The WIPO Arbitration and Mediation Center, settles such disputes by Alternative Dispute Resolution Manners (ADR). On the basis of WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, such disputes will be settled by quasi-judicial manners. In this Article, we study privileges and defects, preferred manners and analyze possibility or impossibility of resorting to both mechanisms, in order to achieve a satisfactory settlement of disputes relating to intellectual property matters.

The Warsaw Convention, its Protocols and the Montreal Convention place a ceiling on the carrier's liability in all suits covered by these conventions. According to them, the parties can conclude special agreements but any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by these conventions shall be null and void.Can the carrier and the passenger or consignor agree to a higher limit of liability or tend to relieve the carrier’s of liability or fix a lower limit than that which is laid down in these Conventions? This Article determines which clauses in the Conventions govern the carrier's liability and it studies the possibilities of agreeing on higher, lower or relieving the carrier from liability.

The US and its allies by a broad interpretation of Article 51 of the UN Charter extended the military operation in Afghanistan to one of so-called 'Axis of Evil' countries. Consequently, since 9/11 use of force and self-defense has been among the serious issues debated by the international lawyers. It is evident that any discussion on the use of force must be inevitably started from the UN Charter. This is because the Charter specifies instances of lawful resort to force. The UN Charter allows resort to force for two causes; self-defense against an armed attack (Art. 51) and prevention of aggression or threat against international peace and security (Arts. 24, 39). According to the findings of this work, the war in Iraq does not fall within any of the two categories mentioned. For there had been occurred no attack by Iraq against the US to justify the US operation. Nor had there been any permission by the Security Council as to the use of force to maintain international peace and security. No doubt, developments in international law results from 'necessities' and no one can deny the mutual relations between international law and politics. In fact no one can claim that international law is observed in all cases in the international community. Nor can one make confession as to the utopian status for international law. However, power is not the only criterion for determination of international relations. Law plays a major role too. It seems that the 9/11 is a turning point in the-developments and new directions in international law. The traditional international law is no longer able to give concrete response to the modern problems in the world. However, the reaction to the tragedy of 9/11 and the events have been happening thereafter can have positive impacts on the international legal order if only reactions to the events and the decisions as to the issues concerned are taken in a wise and logical manner, with the world consensus and in harmony with international standards.