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Journal: 

طب و تزکیه

Issue Info: 
  • Year: 

    0
  • Volume: 

    -
  • Issue: 

    41
  • Pages: 

    97-103
Measures: 
  • Citations: 

    0
  • Views: 

    1489
  • Downloads: 

    0
Abstract: 

پزشکان و صاحبان حرف پزشکی معالج که دارای اجازه طبابت می باشند، در صورت رعایت عدم موازین علمی و فنی و نظامات دولتی (بطور جمع و یا هر یک از آنها بطور جداگانه) برحسب میزان و درصد سهل انگاری و یا قصور انجام شده، مسوول پرداخت خون بهای بیمار یا دیه او خواهند بود.هر نوع درمان و عمل جراحی مشروع که با انگیزه شفای بیمار و با رعایت موارد فوق الذکر انجام گردد و قبل از آن رضایت بیمار و یا اولیای وی اخذ شده باشد و هیچ گونه بی احتیاطی و بی مبالاتی انجام نگیرد. به استناد بند دوم ماده 59 و ماده 60 و ماده 322 قانون مجازات اسلامی مصوب 1370 که قانون گذار رضایت بیمار و یا اولیای وی را شرط صحت عمل پزشک و یا جراح دانسته است با اخذ اذن و برائت نامه از بیماران و یا اولیای آنها در مورد غیراورژانسی، پزشکان را بری الذمه خواهد نمود مسلم است که اگر پزشک و یا جراح از اخذ رضایت نامه مذکور که بایستی آگاهانه (Informed consent) نیز باشد امتناع ورزد، عملش واجد وصف مجرمانه بوده و از نظر قانونی قابل تعقیب و مجازات می باشد. علاوه بر موارد قانونی فوق الذکر از بند سوم ماده 42 قانون مجازات عمومی اصلاحی سال 1352 نیز می توان استنباط کرد که هر نوع عمل جراحی یا طبی که با رضایت صاحبان حق و با رعایت نظامات دولتی انجام شود فاقد وصف مجرمانه خواهد بود و بدین ترتیب نه تنها پزشک مسوولیت کیفری نخواهد داشت، بلکه مسوولیت مدنی نیز منتفی خواهد بود.

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Author(s): 

Abedi Sarvestani Ahmad

Issue Info: 
  • Year: 

    2024
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    20-32
Measures: 
  • Citations: 

    0
  • Views: 

    43
  • Downloads: 

    0
Abstract: 

Introduction: The ethical dimensions of agriculture need to be explored, distinguishing between ethics in agriculture and ethics of agriculture. Ethics in agriculture is traditionally based on abstract moral theory, formulated through logical reasoning, but often found inadequate to address the complex ethical challenges within agriculture due to its abstract nature and lack of practical visibility. Conversely, ethics of agriculture is approached within a context-specific FRAMEWORK derived from the research topic with the aim of providing more tailored solutions. Materials and Methods: A comprehensive review of the relevant literature is conducted, using a descriptive-analytical approach to provide a conceptual FRAMEWORK for understanding agricultural ethics. Conclusion: The article highlights the critical need for a comprehensive ethical FRAMEWORK to address the multifaceted ethical challenges in the agricultural sector. The importance of analyzing and resolving ethical dilemmas at all stages of agriculture is underscored in order to align practices with human ideals and to ensure ethical decision-making by stakeholders involved in agriculture.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    23-49
Measures: 
  • Citations: 

    0
  • Views: 

    531
  • Downloads: 

    0
Abstract: 

Power purchasing agreements (PPA) seek to protect and develop electricity production specifically some kinds like renewable and green electricity. They have been common after restructuring electricity industrial. They now broadly are used as a mean to conservation of environment, electricity security of supply and foreign investment protection around the world. In Iran after restructuring of electricity industrial according to article 25(b) of "fourth development program act, ” ministry of power and its company (Tavanir) designed and concluded some type of power purchasing agreements (PPA). These contracts comprise some terms and conditions, which refer to general rules of contract and either technical restrictions. This article seeks to study these contracts terms and conditions in the FRAMEWORK of sale contract and general rules of contract under Iranian civil LAW. We will answer to this question that these contracts shall be assumed as a sale contract or a specific contract under article 10? It seems to there are not exactly sale contract that has been mentioned in the article 338 and deem to be an especially contract.

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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2018
  • Volume: 

    21
  • Issue: 

    82
  • Pages: 

    107-130
Measures: 
  • Citations: 

    0
  • Views: 

    450
  • Downloads: 

    0
Abstract: 

Most often, normative hierarchy in legal systems is based on a certain source of which a norm originates. It is typical in each domestic system that the fundamental values of society are given a supreme position within Constitution; such norms will be prioritized in case of conflict with others. Within the decentralized international system, each state interprets its obligations in an equal manner with others; and it chooses the necessary tools to fulfill its obligations. Therefore, we witness the slow progress of consensus on path to generation of hard norms in the form of traditional sources has severely undermined the capacity to respond to contemporary challenges in practice. With the initiative of international LAW scholars and the contributions of the World Assembly, A move has been embarked from the origin of traditional international LAW, which stringently distinguishes between LAW and non-LAW, to the destination of modern international LAW, during which owing to the necessity of time requirements, soft LAW outstrips the exclusive position of classical resources to furnish the required grounds for global responsiveness to pervasive issues such as climate change. This paper securitizes the means and quality of penetration of the relativity stemming from soft LAW in the realm of hard LAW.

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Author(s): 

Kazemi Hamid

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    1
  • Pages: 

    59-67
Measures: 
  • Citations: 

    0
  • Views: 

    37
  • Downloads: 

    117
Abstract: 

Expansion of aviation is not achievable without regulating and improving air safety worldwide. Air safety in aviation has always been associated with approving and implementing national and international LAWs, regulations and standards. The international aviation community has approved uniform safety regulations under treaties, bilateral agreements, and internationally required standards. The international civil aviation organization (ICAO) is continuously updating standards following the development of aviation technologies. However, implementing international air safety standards involves compliance with and implementation of the regulations by the states in their air transportation. With the adoption and updating of international air standards of ICAO, do the member states comply with them? Member States are not in the same status regarding the development of the aviation industry. Various political, economic, and technical factors impede countries' correct and appropriate implementation of standards. Hence, the member countries should obtain a legal method so that the international technical air standards in their aviation industry become mandatory. However, they should adopt these standards under national LAW and harmonize them with international air standards. Formulating them under national LAW is the preferred way to comply with these uniform international safety standards. To accomplish this, the relevant national legal and regulatory infrastructure for air regulations should be established in all states. The author first explains the theoretical and practical basis of developing comprehensive international aviation safety standards and then describes the mechanism and process of approving these standards in the FRAMEWORK of the national code.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    49
  • Issue: 

    3
  • Pages: 

    635-655
Measures: 
  • Citations: 

    0
  • Views: 

    1674
  • Downloads: 

    0
Abstract: 

Increasing international organizations as active subjects of international LAW, their role in the commission of internationally wrongful acts has also increased. Organizations not only have committed internationally wrongful acts independently, but also playing a rloe in wrongful acts committed by states or other international organizations in some way. This has led to address the international responsibility of international organizations in connection with the act of state or other international organizations in addition to the independent responsibility of international organizations. It has been known as derivative responsibility and has been addressed in field of state responsibility before. While international LAW commission (hereinafter I. L. C. ) has not clarified it well in its draft articles on responsibility of international organizations (2011) (hereinafter ARIO), there are considerable differents which need to be explained, despite the similarities between the concept of derivative responsibility of international organizations and the said conception in the field of state responsibility. Aid or assistance, direction and control, coercion and circumvention are regarded as four exclusive situations in the scope of derivative responsibility of international organizations which the contribution (also known as distribution) of responsibility is not similar in each of the situations in question. The spectrum of the said distribution is very broad so relatively in responsibility and also circumstance in precluding wrongfulness would be observed.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    -
  • Issue: 

    59
  • Pages: 

    275-308
Measures: 
  • Citations: 

    0
  • Views: 

    391
  • Downloads: 

    0
Abstract: 

Game theory in international LAW is one of the innovative perspectives in the field of philosophy of international LAW. The disinctive nature of this perspective is that instead of merely theorizing, it has a goal to explain international rules and structure in a logical and practical manner. In 1944, in the field of economy, this theory was proposed for the first time by von Neumann, a mathematician, in partnership with Morgenstern, an economist. But since then, it has gradually entered into other academic fields such as international relations, sociology, etc. In recent years, for the first time in international LAW, two great researchers namely Jack L. Goldsmith and Eric A. Posner, applying this theory, have explained the manner of formation and due respect of international customs. In international LAW, this issue has been considered as a new approach and has successfully drawn attention to its own. In this article, it has been tried to analyze the legal FRAMEWORK of the World Trade Organization (WTO) from the perspective of this theory. It is believedthat our findings in terms of game theory help researchers to understand the FRAMEWORK of that organization more easily. The research methodology used in this article is analytical. For this purpose, the required rules from game theory are introduced and briefly explained and then from the perspective of what was said, we will survey a number of items and agreements from the total collection of WTO and will prove a logical stand that will be applicable to the whole legal FRAMEWORK of WTO.

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Author(s): 

Ghavami Pour Sereshkeh Mohadeseh | Mahmoudi Amirreza

Issue Info: 
  • Year: 

    2024
  • Volume: 

    20
  • Issue: 

    4
  • Pages: 

    111-133
Measures: 
  • Citations: 

    0
  • Views: 

    35
  • Downloads: 

    7
Abstract: 

LGBTQ rights have increasingly gained importance in an era of globalization and cultural diversity. Human rights are founded on certain principles such as the inherent dignity of humans and the equality of all people. The Universal Declaration of Human Rights and relevant international treaties prohibit all forms of discrimination, e.g., those based on sexual orientation, and emphasize equal rights for everyone. Therefore, the LGBTQ community should have equal rights like everyone else from the perspective of human rights. However, LGBTQ relationships are considered against human nature by Islamic LAW, which is founded on the ethical precepts and standards of Islam. Accordingly, Islamic LAW not only opposes such relationships but also rejects the possibility of granting the LGBTQ community equal rights. The discrepancy in the approaches and attitudes of these two legal schools has resulted in major national and international challenges and conflicts over LGBTQ rights. Therefore, this descriptive-analytical study aimed to address the challenges and conflicts between these two legal schools regarding LGBTQ rights. According to the findings, there are significant philosophical and conceptual gaps between Islamic LAW and human rights, which have led to serious obstacles in this area. Human rights are predicated on equality, whereas Islamic LAW is based on ethical and religious principles. As a result, Islamic LAW takes a more pragmatic and realistic view of LGBTQ rights.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    48
  • Issue: 

    2
  • Pages: 

    243-260
Measures: 
  • Citations: 

    0
  • Views: 

    753
  • Downloads: 

    0
Abstract: 

Boko Haram is among the radical Sunni insurgent groups who are opposed to the secular government of Nigeria. The insurgents of this group resort to violence and different kinds of crimes to advance their goals. The current study, through a descriptive-analytical approach, has sought to determine why, though limited to the borders of Nigeria, Boko Haram’s actions have taken an international nature to them. In the current study, the actions and approach of the insurgents of this group, which violates the human rights principles and humanitarian LAW and threaten the international peace and security, have been investigated. On the other hand, it seems Boko Haram is a terrorist insurgent group which ignores the international LAWs and principles. Finally, the results of the study indicate that, in addition to the governments, the insurgents of the rebel groups such as Boko Haram are also bound to the humanitarian LAW principles and observance of the minimum fundamental and unenlightened humanitarian rights in domestic struggles.

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    24
  • Issue: 

    11
  • Pages: 

    10-13
Measures: 
  • Citations: 

    0
  • Views: 

    321
  • Downloads: 

    225
Abstract: 

The use of containers as a means of moving cargo has rapidly increasing over the last decades and has given rise to the concept of multimodal transport. This mode of transport takes place by at least two different modes through one single contract from a place in one country where the goods are taken in charge by the carrier to a place designated for delivery situated in a different country. This way of transport has many advantages such as overcoming many of the technical problems as well as reducing loading and discharging time. While a new convention related to multimodal transport is expected but all efforts in this subject have failed for some reasons as unfortunately there is neither any uniform international LAW on multimodal contract nor is one expected in the near future…

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