JOURNAL OF INTERDISCIPLINARY LEGAL RESEARCH
Year:2020 | Volume:1 | Issue:2|Papers Count:6

Background and Aim: One of the important issues in the process of codifying the Draft articles on the responsibility of international organizations 2011 was Responsibility of a State in connection with the conduct of an international organizations. Materials and Methods: The method of the present study is descriptive-analytical one. Ethical Considerations: Honesty and confidentiality have been observed. Findings: The commission in Draft articles allocated the fifth part (articles 58 to 63) to this issue and has considered exclusively some of the state’ s acts as state’ s responsibility like: Aid and assistance, Direction and control, Coercion, Circumvention of international obligations, Acceptance of responsibility and Committing the behavior that led the injured party to rely on its responsibility. Conclusion: The Draft articles on the responsibility of international organizations 2011 for various reasons like the lack of adequate support of the injured party suffered from international organizations’ acts and the lack of effective mechanism to prevent the states’ abuse of international organizations’ legal personality doesn't have the necessary efficiency and effectiveness to systematize the Responsibility of a State in connection with the conduct of an international organization. Therefore reforming this Draft articles is necessary to resolve the existent gaps. Conclusion: According to the absence of some behaviors in Draft, such as persuasion and lure of international organizations and lack of accurate differentiation between the responsibilities of the member states, constitutional reforms are necessary to fill the gaps.

Background and Aim: Corruption is a complex and multifaceted phenomenon. Despite significant improvements in general health system standards for hospitals in developed and developing countries, Corruption is spreading and the ways to deal with it are becoming more and more difficult and complicated. Given the vital role of health professionals in creating a corruption-free environment, this study examines the causes of corruption in hospitals and ways to prevent it. Materials and Methods: The present article is a review study that has been written by searching scientific databases and using search engines in articles published in internal databases of Magiran, SID, IranMedex and external databases of PubMed, Google scholars, Scopus and WOS. Ethical Considerations: Honesty and confidentiality have been observed. Findings: Informal payments are one of the important causes of corruption in hospitals. The non-confidential information of many health centers is still not visible to the public. The main element in monitoring the costs of medical services is transparency, continuous and electronic monitoring. Conclusion: In organizations where the principle of secrecy and confidentiality prevails, it has consequences such as corruption. Transparency in the performance of an organization is due to the manifestation of the culture of transparency in society, and factors such as changing the attitude of society and the use of appropriate information technology, will lead to transparency and accountability.

Background and Aim: Today, the spread of terrorism as one of the most important security challenges has led to an implementation of a discriminatory procedure; That is, the defendants of these crimes have been prosecuted in a different and more rigorous manner than other criminals, and some of the rights that other defendants enjoy are denied. Materials and Methods: This is a descriptive-analytical Study. Ethical Considerations: Honesty and confidentiality have been observed. Findings: Implementing a discriminatory procedure for defendants of terrorist crimes is socially beneficial and is a moral choice; because by taking hard on defendants ensures the maintenance of public order and enhances the community security. It also provides the groundwork to prevent citizens from harms as a result of terrorist acts in the future. However, the restriction of individual liberties (such as the prolongation of temporary detention) and the deprivation of these defendants' rights over other criminals have led to unfair discrimination and question the judicial justice. Conclusion: Discriminatory procedure of terrorist crimes defendants is an unethical, unjust and discriminatory choice. But it will be an ethical choice from the viewpoint of society as a whole and the need to maintain order and security of citizens. In both, the United States and Iran, the same approach of preferring the interests of society to the individual has been confirmed.

Background and Aim: In the contract of sale especially where the sale involves a contract of carriage of goods, this important question arises that in the case of loss or damage without fault before delivering the Sold goods, Who is responsible for damages or losses taken place in that case? Seller or buyer? Since the international trades and also internal trades for sale of goods requires special contractual forms (Incoterms rules), it is necessary to answer the above questions in relation to the rules of Incoterms. Materials and Methods: For present study, the descriptive approach has been chosen and relevant information collected by the documentary and library method. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and confidentiality have been observed. Findings: Among trade terms mentioned in Incoterms that are used for different methods of goods carriage, the EXW, FCA, CPT, CIP, DAP, DAT and DDP are of importance. These methods are divided to two kinds of “ Delivery to Carrier” and “ Deliver to Buyer” . Conclusion: Contrary to domestic law which passing of risk requires delivery of goods, in Vienna convention the risk of sale is imposed on the buyer. Since in Incoterms, the carriage of goods sold is usually associated with a variety of issues and also the deviations in it can postpone the delivery of goods and delay in passing of risk delivery, Incoterms try to ban these unusual obstacles. In Iran there is no special rule about the effect of carriage contract on delivery of goods and passing of risk but it is possible to apply articles 380, 387, 567 and 349 of civil law for carriage contracts.

Background and Aim: “ Knowhow" is a term that is less considered as the main subject of the contract. It is aimed at this article to explain the meaning and characteristics of this notion. Materials and Methods: This is a descriptive Study. Ethical Considerations: Honesty and confidentiality have been observed. Findings: In general, “ Knowhow" is a form of knowledge; it contains non-material goods; it cannot be registered; it possesses confidentiality; it is identifiable; it is transferable and has business value. Conclusion: “ Knowhow” is a kind of property and therefore one can own it; but it is not goods in action (Ein). The methods of protecting “ Knowhow" are due to Tort and contractual responsibility.

Background and Aim: What arose out of the notion of corporate responsibility is the maximum profitability for its shareholders. However, the discourse of the 21st century has led companies to accept the social responsibility. In other words, firms are not only responsible for their stakeholders but also a responsibility for community in which have business activity. Materials and Methods: This is a descriptive Study. Ethical Considerations: Honesty and confidentiality have been observed. Findings: Accepting social responsibility for companies has pros and cons. however; there are many international and domestic legal documents on corporate social responsibility, foremost of which are the principles of the constitution and articles of labor law. Conclusion: Today, the expectation of fulfillment of all social goals by states is not possible. Companies due to the power of management, wealth and workers under their supervision can fulfill a part of these social goals.