نشریه حقوق فناوری های نوین
سال چهارم شماره 1 (پیاپی 7، بهار و تابستان 1402)

The combination of life with electronic technologies and its undeniable benefits has led to the development of electronic transactions and regulation in this field. This penetration of technology is not only limited to commercial transactions, but it has also occupied minds in the field of wills. According to the equipment used for its conclusion of wills, the electronic will is divided into electronic written and unwritten (audio and video). Now, it is reasonable to raise the question of whether the will, as a legal act based on formalism, can be concluded electronically or not. Are all types of electronic wills valid or should a distinction be made between written and unwritten electronic wills? There are different opinions in this regard: Some have denied the validity of the electronic will and others have accepted the conclusion of this type of will due to its benefits. This issue has remained silent in Iranian law, but in American law, detailed research has been done in this regard. In this country, written electronic will have been accepted in various states, but unwritten electronic wills are still not recognized as a means of concluding a will. However, it is appropriate to use an analytical-descriptive method, with a comparative approach by looking at American laws and jurisprudence, and also, bypassing the necessary laws to fill the gap in the legal system. This article considers that the move towards the acceptance of electronic will is inevitable in Iranian law. For this reason, by adhering to the provisions of the Electronic Commerce Act, it has recognized the validity of all types of electronic wills

Nanotechnology and weapons made in the framework of this technology, while having significant positive and negative consequences, criminals abuse it for anti-social and security purposes at the national and international levels. Therefore, this research has been carried out with the aim of expanding the jurisdiction of the International Criminal Court (ICC) and preventing security measures caused by weapons made with nanotechnology. This research aims to identify nanotechnology and its application in the manufacture of weapons and assess and evaluate the jurisdiction of the ICC. The findings of the research show that in addition to controlling the weapons made with nanotechnology and dealing with it with a law and security approach, the ICC can also expand its jurisdiction to prosecute the crime of using weapons made with technology by including crimes related to nanotechnology in the framework and definition of the crime of aggression. Nano should act. Since the crime related to weapons made with nanotechnology is not currently under the judicial jurisdiction of the Court, it seems that according to Article 5 of the Rome Statute, the crime of using weapons made with nanotechnology can be prosecuted as a crime of aggression and the proceedings of the ICC. . Therefore, the ICC, using the existing treaties and regulations, has the possibility to expand its jurisdiction regarding the crime caused by the use of weapons made with nanotechnology and place this crime within the framework of the current regulations

As a new technology, HAARP has several adverse effects on the international community, even though its owners say it is intended to study ionospheres to develop new technologies, facilitate radio communication, and counteract the negative effects of atomic explosions. This was not the case in principle, and its abuses and deviations have been observed, turning it into a technology against humanity. This article aims to examine the abuses of HAARP 's technology and how they violate fundamental human rights. Research methods are descriptive and analytical, and data collection is done through collection and filing. In this qualitative study, researchers found that Haarp's new technology violates fundamental human rights, including the right to life, freedom of thought, and future generations' rights.

In some cases, to discover the facts, foreign arbitral tribunals need to obtain evidence from third parties located outside the arbitral tribunal's seat and in another country's territory. Sometimes due to the lack of general jurisdiction and authority, they have to use the judicial assistance of the national courts of foreign countries. In many advanced legal systems, including the American legal system, this authority is provided for the courts to assist the international arbitral tribunals in providing evidence to foreign arbitral tribunals to obtain evidence, including testimony and submission of documents, judicial assistance and acceptance of representation. The present study aims to answer these questions with a descriptive-analytical method, judicial assistance of national courts in acquiring evidence for foreign arbitration courts and accepting judicial representation based on which legal rules are possible. Moreover, based on international commercial arbitration law, do the national courts of Iran have the possibility of providing judicial assistance and accepting judicial representation in acquiring evidence from arbitration courts whose headquarters are outside the country's territorial territory? Since in most countries, the discourse of arbitration involves two distinct systems consisting of domestic and international arbitration, in this study, only the International Commercial Arbitration Law was approved in 1376, and the international arbitration rules of some countries have been discussed. The provisions of domestic arbitration, except for a cursory glance, are ignored in the second part so that the field of research stays in the international arbitration system.

Metaverse is an immersive, semi-virtual, semi-real, three-dimensional, shared, cross-border and inevitable world, extending our real world in a surprising and perhaps frightening way. Metaverse will likely make it possible for individuals to respond to a wide range of social, economic, educational, emotional, psychological, physical, and sexual needs through avatars and cryptocurrencies or other new technologies without revealing their true identity. Due to the lack of previous experiences, different norms and unique characteristics of the Metaverse, managing the Metaverse is much more challenging than the current real and virtual worlds. Developed governments of the world have well realized the potential hidden in the Metaverse, from the smallest family issues to the selection of leaders and the countries' governance. With foresight, they seek to guarantee their citizens' security and rights and their sovereign power in the metaverse space. Without a doubt, preemptive policy and premeditated criminalization in the Metaverse are vital. While explaining what the Metaverse is, this research has tried to identify some of the specific governance and legal challenges of the Metaverse and finally concluded that today we need a new definition of persons called "Virtual Persons" in order to respond to some of the emerging challenges of the Metaverse world.

The meaning of "sale" is not defined in Shariah but rather has been shaped by customary practices. In this process, usages of the wise (Sireh) have played a significant role, contributing to the credibility of this concept. Within Imami jurisprudence, there are differing views on the tangibility of goods as a condition of a valid sale contract, which can be summarised as follows:Both parties' considerations must be tangible.Only the seller's consideration must be tangible.Tangibility is not a necessary condition for a sale contract.In line with the second view, the Iranian Civil Code has enshrined the requirement for the goods’ Tangibility in Article 338. The main question is what criteria can be used to make the subject of Article 338 of the Civil Code more flexible and include it in the scope of data and information related to the property. However, this essay argues that this provision no longer enjoys legislative support, although it has not been formally repealed. Instead, we propose interpreting the concept of goods in its literal sense, i.e., the object or the property itself. Furthermore, Imami jurisprudence has the potential to adopt a more flexible approach in this regard, where common sense plays a prominent role in the opinions of jurists. Therefore, we suggest that the third view, which does not limit the types of data or information that can be considered in a sale contract, could be strengthened

The conclusion of a secondary contract with a debtor customer is one of the solutions foreseen in the banking system to reduce the volume of non-performing exposures. However, the incorrect perception of the nature of these contracts and their confusion with the concept of forbearance in some laws and regulations have left adverse legal consequences. In recent years, several decisions have been issued in the judicial courts regarding their invalidity. Examining the substantive differences between the concepts of forbearance and secondary contract shows the incorrect interpretation of forbearance compared to the mentioned contracts and the need to amend related instructions. The solution of secondary contracts has been created to create benefits for credit institutions and for the customer to be able to pay his debt with a reasonable and logical increase in a more extended period, A subject that is entirely different from the philosophy of Islamic forbearance. Forbearance is an opportunity that is given to the debtor without any change in the legal relationship, and it does not bring any benefit to the creditor, and he may also suffer losses; Meanwhile, the renewal and conversion of contracts as two clear examples of the defined bank's forbearance the legal relationship of the parties are fundamentally changed. In addition, a designated bank's forbearance is not detrimental to the credit institution. Still, in all its assumptions, it increases the debtor's debt over an extended period. Eliminating the suspicion of the intention and realisation of abduction from secondary contracts, the absence of the need to prove the debt, and the failure to realise double damages and compound interest in these contracts are among the legal fruits of the separation of these two natures.

Advertising is an important issue in the world and has a deep effect on various aspects of our individual and social lives. The effect of this phenomenon on the economy, culture, society and even politics is constantly increasing, and the lack of appropriate laws in this area will provide a good platform for abusers. The issue of advertising is very important for products that are directly related to consumer health. The most important problem in the field of health advertising in the Iranian legal system is the multiplicity and fragmentation of the resolutions that have existed for a long time. However, it can be said that each resolution addresses the issue from a specific perspective, but there are sometimes overlaps, and contradictions regarding the competent authorities provided for the issuance of advertising licenses and the authorities dealing with violations, guaranteeing the implementation of violations of the rules governing advertising, etc. In recent years, not only has there been no effort to resolve this issue, but in some cases, it has increased these ambiguities. In this article, we will explain the situation of the Iranian legal system in this regard, while referring to the European Union's directives on health.

Nowadays, cyber games are a profitable business with wide economic dimensions, including the property rights of gamers, i.e., “Accounts” and “Points”. Since the producers of cyber games are in a superior position to the gamers, by including terms in terms of Service, they usually limit their responsibility for protecting users’ accounts and points, providing support for the games, and reserving the right to terminate the game. For these reasons, the property rights of gamers are always in a precarious position. In Iranian law, due to the absence of specific laws, we can use the rule of “No-Loss” to protect users’ rights in two ways. On the one hand, according to the rule of “abuse of rights”, the producers have no right to damage the property rights of gamers to cause harm or make unconventional decisions in exercising the right. On the other hand, it is possible to deduce from the rule of "No-Loss" the compensation for the damage caused to the property rights of gamers, which cannot be compensated based on other rules of civil liability.

The basis of human life in the inhabited biosphere is the balance in the triple cycle of water, food and energy. Also, fair use and exploitation of land and natural resources are added to this importance. However, due to human and artificial carelessness, irreparable events appear that significantly impact the failure of the human life cycle. We can mention climate changes that leave unlimited environmental crises among these events. This is not a marginal issue, but it is considered an ongoing and crucial global issue. This research attempts to analyse the gaps in tools in the field of responsibility and the necessity of international partners in the light of diplomacy by enumerating the upcoming events and sufferings. This research seeks to answer how the climate convergence model is realised in its two-way relationship with the triple cycle. With this description, the importance of climate change and its direct and indirect effects on vital human dimensions made us look at this issue.

With the tremendous developments in space technologies in recent years, artificial intelligence is used instead of humans in decision-making. Artificial intelligence (AI) by the ability to think logically, manage its actions and correct its decisions when external conditions change without human interference. New intelligent and autonomous space technologies are being developed for various space activities. It uses for different applications such as processing of space data and information, debris removal, and exploration and extraction of natural resources in outer space. However, regulating the activities of space-faring and especially private actors in the use of AI in space technology and dispute settlement between the states have become one of new issues in international space law. Since the state's responsibility in space law is explained based on human behaviour, the issue arises that the existing international space regulations related to the state's responsibility to regulate space activities and their liability that is based on human behaviour can still be applied to the use of the new technologies or we need the new legal measures in international space law. It seems that with the extensive interpretation of Articles 6 and 7 of the Outer Space Treaty regarding state responsibility and liability, these provisions can still be considered applicable. Nevertheless, the new international space regulations can be an essential step in better determining and recognizing the state responsibility and liability of space actors that use space technologies that use AI.

One of the contracts frequently used in the oil and gas industry for project delivery is the Engineering, Procurement and Construction Management (EPCM) contract, which originated from mining. Under this agreement, the contractor acts as the employer's representative and provides professional services for the design process, management, and monitoring of construction contracts to ensure the project's quality, budget, and timing. The main issue and question surrounding this contract is the principle on which the contractor's professional liability can be established.As a contractor for professional services, the liabilities associated with implementing design and management, procurement management, and construction management are based on the "standards of care" principle employed by leading engineering firms operating under similar conditions and in the same profession. If applicable, the contractor will be held liable for professional faults. Given the nature of the contractor's professional service and in line with Iranian law, the contractor's design, procurement, and management obligations are binding under this principle.