فصلنامه مطالعات حقوقی
سال سیزدهم شماره 4 (زمستان 1400)

Conflict of interest is one of the situations that can lead to corruption. In order to manage these situations and deal with its adverse effects, several strategies have been used in various fields. This study is trying to answer these main questions: does managing conflict of interest situations require independent legislation? And how can the law help manage these situations? The present study is analytical in nature and, by collecting the required information through the library method and examining the experiences of other countries and legal doctrine, has reached the conclusion that situations of conflict of interest have grounds for the emergence of person-centered and structure-oriented. Person-centered contexts are largely similar, with the adoption of general and comprehensive laws that can help control this part of the conflict of interest. On the other hand, the areas of conflict-oriented structure due to the structural differences of each institution with each other, require special attention and the adoption of case-specific laws. Adoption of the bill "How to manage conflicts of interest in performing legal duties and providing public services" can largely cover person-centered issues of conflict of interest. It can almost respond to the need to manage conflict of interest situations in Iran but in specific areas, special attention and the adoption of special laws is necessary.

Overbooking flights are a common practice of the airline industry. This business practice aims at ensuring that airplanes fly at their full capacity. However, due to boilerplate contracts that bury the relevant clause, most passengers are shocked when they are denied boarding due to the lack of passenger capacity. This article looks at the legal aspects of overbooking in three jurisdictions: Iran, France, and the U.S. It studies the legal basis of overbooking in each jurisdiction and analyzes the remedies each system offers passengers. While the policy of ensuring a functioning airline industry requires the practice of overbooking, states can provide a higher degree of legal protection for passengers. This article suggests that Iran's legal system must improve its current requirement for airlines' contracts of carriage. Providing a comprehensive guideline on the passengers' rights in case of overbooking must become mandatory for airlines. It should also require airlines to be transparent about all of their policies and ensure that the overbooking clause in the contract of carriage is as conspicuous as possible.

Controlling markets needs strategies for hearing and countering anti-competitive procedures. This purpose never happen, without satisfacted regulotions. Sufficient procedure of hearing anti-competitive agreements, can be regarded as rout for countering actions by competition authorities. If these hearing use in suitable ways, they may have satisfacted effects. Be side satisfacted procedure, effective reactions for obligating its deteriorated traces; is the other concern. Today every countries are seeking to plan the best policy which anti-competitive ruined effects. Doubtless uses absolutely observation and emploies monotonous approach, impress undesirable in markets. Accordingly for conforting to infringer companies should be attended their situations in markets in the way that reactions doesn’t decreas market potential.

The formalism in negotiable instrument means giving originality to the form of a document that limits an individual's will. This formalism is different from interpretive formalism. The question under consideration in this study is what role does formalism play in commercial documents in the legislative and interpretive stages?The question was answered by emphasizing the principles and rules governing commercial instruments in an "analytical" method. It was concluded that as a legislator, formalism is the main legislative basis in commercial instruments; because principles such as the independence of signatures and the invalidity of objections cannot be achieved except with the originality of the form.As a form of legislation, formalism is the main basis of the legislature in negotiable instrument. The legislature wants to create speed and certainty in negotiable instrument through formalism and make the resulting claims predictable so that they are a viable alternative to money. The following rules state the goals of formalism: "Request for security", "check Issuance of execution",” Check as enforceable document ", principles governing commercial documents, etc., all of which can be justified on the basis of formalism resulting from commercial documents.In the position of interpretation, the interpreter must also interpret according to the legislative formalism.

evaluating the method of contractual distribution of project implementation responsibilities and risks between the parties to the EPC contracts as one of the most important methods of risk management, commands abundant importance. In this paper, by examining the specific EPC document of the oil industry and comparing it with the industrial EPC document (5490 journal) as well as the FIDIC EPC turnkey, with the aim of evaluating the method of contractual distribution of the technical, engineering, and operational risks in these documents, We will answer the question of to what extent the compilation of the specific EPC document of the oil industry in establishing a balance between benefits and the responsibilities of the parties to the contract have been successful? The results of the comparative study confirm that although the completion of contractual vacancies and revision in 5490 journal causes more efficient and equitable contractual distribution of risks between employer and the contractor in the specific EPC document of the oil industry toward the unilateral transfer of technical, engineering and operational risks to the contractor in 5490 journal, but balancing the technical, engineering and operational risks between the employer and the contractor, like the approach adopted in FIDIC, still needs revision about method of contractual transfer of risks among contracting parties in this document.

Adaptation of literary and artistic works is one of the common ways of creating works.Adapted works can have independent values that make them original and protecting. The use of another work in the form of adaptation requires mechanisms such as obtaining permission from the right holder or invoking legal exceptions to the right. But legal regimes do not usually talk about the rules of adaptation, such as Right of Reproduction and its exceptions, while adaptation and appropriation is a common art movement in society and can in practice bring numerous Infringement. The serious question is in what legal framework can another work be adapted? and how the boundary between authorized and unauthorized use is determined? Undoubtedly, the analysis of permitted uses depends on precise legal criteria that, while preserving the copyright of the first work, also provide the basis for the creation of new works. The present paper concludes with a descriptive-analytical method that adaptation, considering the policies of each country's intellectual property system, is allowed in specific frameworks such as assessing the market impact of the adaptation on the original work and accepting some modifications in copyright, including moral rights.

According to Article 1 of the Law on Protection of the Rights of Authors, Writers and Artists (1348) the requisite of protection is that the work must be the result of creativity and initiative of the author. This issue, where the idea of the work has no way of being creative, so that expressing the idea is possible in limited ways, raises the question of whether in such cases the work Is protected by law or not? This issue has been highly debated in the U.S Copyright law and has been called the Merger doctrine. According to this doctrine, when there is only one way or limited ways to express the idea of the work, so that the idea imposes its expression, the issue protected by law is not realized; Because, in fact, the basic condition of protection, which is the originality-creation of the work by the author-has not been fulfilled.The present article seeks to analyze the impact of the merger on the status of the originality of works by using a descriptive-analytical method in examining the judicial decisions issued in merger cases and concludes that this doctrine is also applicable in Iranian law; Also, the connection between the Merger doctrine and the fundamental condition of protection doubles the necessity for identifying and applying it in Iranian law.

Given that in the event of outbreak of pandemics, especially in the case of Covid-19, all capacities of the countries are allocated to prevent the spread of the disease and maintain public health, it is obvious that host states in crisis situations cannot abide by all obligations they have assumed under Investment treaties for protection of foreign investor, as they do in normal situations, and even some of their preventive measures will cause damage to the investor. The investor's recourse to arbitration in the event of an outbreak of a pandemic or the possibility of filing action by an investor after controlling the disease can limit the measures a state can do to protect the lives of its citizens. With the aim of focusing of the host states on protecting the lives of citizens and the public health of society, this article, using a descriptive-analytical method, answers the question of what procedural and substantive defenses under investment treaties, the host state may assert against the investor's claims resulting from state measures in pandemic situations to protect its essential interests.

Examination the previous global crisis indicates this basic point that governments can't on their own overcome the challenges stemming from strong shocks. Given the unprecedented nature of the crisis caused by the covid-19 pandemic, social dialogue involving governments and employer’s and worker’s representative organization is more important than ever. International labour standards contain specific guidance for safeguarding decent work in the context of crisis response including covid-19 pandemic. The necessity of social dialogue to response crisis and the key role of workers’ and employers’ organization is highlighted in currently international labour standards. The international labour organization’s recommendation 205 adopted in 2017, the international labour organization calls on governments to recognize this role within the framework of freedom of association and the right of association and collective bargaining contained in the 87 and 98 international labour conventions. this paper examines this issue with a descriptive-analytical method. It is obvious that effective social negotiation of labour and employer’s organizations has contributed to strategic measures to overcome the current challenges caused by the crisis and will lead to economic resilience, the sustainability of enterprises and the effective implementation of support for the employer community.

Nowadays the vast majority of armed conflicts are non-international conflicts. Mostof these conflicts, which last for along time take place between one or more non-state armed groups with one country or between such armed groups within the territory ofa state. The proliferation ofarmed groups in recent decades aswell as the growing impact ofthese armed groups on civilians, has caused the international community's concern. Given the protracted nature of these armed conflicts, as well as the wide range of governmental and non-governmental activities in which armed groups participate international humanitarian law is unable to regulate the relations between armed groups and civilians about activities that have no nexus to armed conflict. The law that applies to these cases is human rights law. Although it is wieldy accepted that human rights law also applies in armed conflicts given to the nature of human rights law that was created to regulate the relationship between states and individuals within their jurisdiction the applicability of human rights law on armed groups leads to many controversies between states and doctrine. Despite these controversies, current legal practice tends to argue that armed groups who exercise de facto control over territory are bound by human rights law. In this article by examining practice and doctrine, we try to prove that armed groups are bound by human rights law.