فصلنامه پژوهش حقوق عمومی
سال نوزدهم شماره 55 (تابستان 1396)

The development of technologies associated to mobile, and, also increase of customers’ demands to take advantage from the foresaid technologies have led to new technologies on mobile. One of the most considerable technologies is to transfer the mobile operator, without any number portability. This issue is known significant; because there are some customers who cannot exchange their SIM card, although they may not be satisfied with their operator. Since achieving more economic profits and, growth of competition in telecommunication markets are known as goals of said prerogative, the economic aspects have influenced, so notably, on regulation and legal requirements of the technology. Hence, regarding the significance of the legal aspects of the event, to which it’s been referred, in this study, the legal aspects of technology are being analyzed. Both legal frameworks identified mandatory by the regulatory authority and considering regulation methods on the technology are analyzed in this article. Moreover, since this issue is a recent phenomenon in Iran, the legal aspects of the technology in Iran have been studied.

Social Security Organization (SSO) is regarded as one of the most important social and economic institutions for its effective role in protection of labor. In the past decades, it was keeping balance between SSO’s incomes and costs that constituted the main concern of the SSO officials. The problem of contractorship premiums has been one of the main legal challenges the SSO has experienced with its premium-payers. Since 1370, SSO by issuing the Directive 149 provided for some fixed rates for non-state projects that caused a serious legal challenge between SSO and economic actors. By landmark judgement of 1378, Administrative Justice Tribunal (ADT) solved the problem in favor of SSO. Contractors who were not satisfied with the judgement raised the externalities originating from the Directive before legislatures, and since 1384 were able to cause some legislations aimed at reforming SSO practices to be enacted. However, SSO, has continued to insist on its previous position by raising some legal scepticism. This article, shall seek, based on legal and economic foundations, to study the SSO practice and its judicial confirmation by ADT from a critical point of view.

Religious freedom is one of the most fundamental human rights which has been embodied and recognized in essential universal and regional human rights instruments, including universal declaration on human rights, international convent on civil and political rights, European convention on human rights, American convention on human rights, African charter on human and people rights and Islamic declaration on human rights. Most of these instruments provide that Freedom of religion may be subject to conditions and restrictions such as national security, public safety and protection of health or morals. European Court of Human Rights, as a judicial body of European convention, in its jurisprudence determinate the scope of margin of appreciation. In this article, margin of appreciation and States maneuver in interpretation and implementation of religious freedom were analyzed in light of the jurisprudence of European Court of Human Rights

In this Article, two subjects were examined: the legality of involving a joint operating venture in the exploitation operations in the oil sector and; the type of technology required for the transfer and its beneficiary. Upon examination, we found that establishment and engagement of a joint venture in the production of oil was legitimate and had no legal hurdle. We also demonstrated that beneficiaries of the transfer were personnel of both the joint operating venture and of the NIOC. As to the type of technology, our conclusion was that only end product technology used in the production of oil could be the subject of transfer.
In reality, however, technology transfer was very limited. It was confined to obsolete operating technology. Several reasons in this respect were suggested, among which the nature of technology employed in the production of oil constitutes a major one i.e. it is knowledge based and mostly composed of skills needed for transforming inputs into outputs; those for expanding capacity (such as management, engineering and procurement) and those necessary for creating new products or processes. Since, neither of these technologies are codifiable, their owners keep them confidential and hence, avoid any technology transfer.

Literary and artistic property law (copyright), in addition to the creation of exclusive right for author or owner and to prohibit others from its unauthorized use, with the conviction that this exclusive right limits public domain and in some cases, can hinder the development or cause to be ignoring human rights. It also puts some of works including governmental information -that its access and usage is a part of human rights- into the public domain and excludes from the scope of protection. Berne Convention, by taking public interest in consideration, has made member States free to choose in the extension of the protection resulting copyright to this category of works and information. States following this logic and with the permission mentioned in the Berne Convention, by taking into account their national circumstances and interests have adopted a balanced position in support of this information and have excluded this information wholly or partially from the scope of protection. In this study, the Berne Convention, the provisions of European Union, U.S., France, Great Britain (according to different approaches) and Iran have been studied and while approving the compatibility of Iran’s new approach of legislative with Berne Convention, some suggestions are presented.

Compensation of transboundary environmental damages, especially in the case of hazardous activities is one of the complex issues of international environmental law. Sometimes in spite of taking all preventive measures, some authorized and legitimate activities of States that are generally dangerous can cause irreparable damages to other subjects of international law and especially to the environment. For as much as these activities are not prohibited, the traditional systems of civil responsibility are not effective when dealing with the compensation of environmental damages. Therefore, the development and codification of particular system of compensation for environmental damages is inevitable. The result of international community's effort in this context is the approval of draft of International Law Commission titled Draft Principles on the Allocation of Loss in the Case of Transboundary Harm Arising out of Hazardous Activities, with Commentaries 2006” declaring that the State is responsible and obliged to prevent and the operator of hazardous activity is obliged for compensation of the damages under circumstances to commit such acts

Managers and Decision-Makers of All Organizations should understand that they will be Responsible for their decisions. Internal Tribunals of the United Nations are statutory institutions created by the UN General Assembly in response to the need for an independent, transparent, effective, efficient judicial system that would ensure managerial accountability. By these Tribunals, the employees are sure that they can object to unfair and wrong decisions, and demand their rights that are foreseen for them under the rules and statute of the organization. The internal justice regime of the United Nations has changed a lot up to now. The first Administrative Tribunal of the UN was created in 1949, and it looked after the disputes between employees and the organization until the beginning of 21st century. Naturally in these long years its weaknesses were found and tries were made to fix them. Eventually in 2007, the foundation of the new internal justice regime of the UN that was composed of two Tribunals named United Nations dispute Tribunal and United Nations Appeals Tribunal was made. Analysis of Weaknesses and strength of the first and the old internal justice regime, and their comparison is this paper's goal.

According to UN Charter Article 7, one of the most important of this this World Organization is Secretariat. This Organ represents the most dynamic institution in the United Nations Structure. Since 1990s, we could observe a conflict between Secretary-General's functions and the famous "domestic jurisdiction" matters. Nowadays, matters like social and cultural development, economic progress, fighting against terrorism, environmental issues and Human Rights problems constitute an usual item in UN Secretary-General agenda. These extensions in UNSG's functions have aroused some concerns. These concerns are based on an "unbridle extension" and an UN inference in State internal affairs. Current state general practice, according to the present article, would be confirmation of a double trend: Support of the UN extension jurisdictions and at the same time, respect of cultural & political national identities

As the international relations improved, new non-governmental entities became active and undertook certain functions. Among these entities, non-governmental organizations played important roles over the past two decades. One of the biggest barriers causing them to be inactive is the lack of international legal personality. Because they do not have legal personality they are not considered to be mature entities capable of undergoing international responsibilities. Should non-governmental organizations enjoy international legal personality their international status improves resulting in their capability of assuming responsibility if they do wrong. In this study, it is tried to prove that those organizations are capable of acquiring international legal personality. One of the main reasons why they have the above problem is that States prevent them from gaining legal personality. The solution to tackle this problem is to meet the States’ requirements because if this happens, one can be that the non-governmental organizations acquire international legal personality.

Administrative hearing is one of the important new areas of proceedings. Fair administrative justice standards are divided into two categories: comprehensive general standards of fair trial and specific fair trial standards which govern the three stages of the administrative hearing (including institution of case, hearing and decision making). In this article, Administrative Justice Act (enacted of 1992 by Islamic Council (Majlis)) as legislative action is analyzed in terms of specific fair trial principles and criteria that govern the three stages of Administrative Procedure to be clarified that, to what extent these standards are met in the legislative process related to principle 173. Therefore, this article seeks to answer the questions that follow: what principles and rules as administrative fair trial standards are governing over the three stages of administrative hearing? To what extent the principles of administrative justice system are guaranteed and respected?