مجله پژوهشهای حقوقی
پیاپی 55 (پاییز 1402)

The basic pillar of therapeutic simulation is the cells that are provided to scientists to combine and create a simulated embryo. These cells are not capable of planting in the laboratory environment but must be provided by the applicant to the researchers to produce simulated embryo for extracting stem cells. One of the challenges of using the therapeutic simulation process is how scientists reach the above base cells. It also raises the necessity of extracting stem cells from the resulting embryo, the issue of the owners of the decision -making authority towards the embryo. Another challenge is the conscious consent of the cell owners and the role of satisfaction in the owners of the embryo. The evaluation in the present article indicates that non -identification or restriction of decision -making authority to their cell owners and encloses the transfer of basic cells to scientists based on purely kind -hearted donation, benefiting from this modern technology and its valuable achievements with limitations. It makes a lot. In contrast, recognizing cell owners' decision -making authority over those cells and accepting monetary mechanisms and predicting the possibility of paying for cell owners while considering the necessity of their consent in the transfer process, not only increases the motivations of cell donation to simulate therapy. It will also promote the increasing development of scientific processes related to therapeutic simulation, which will be the source of the discovery of the treatment of many illnesses.

The reality of the world is that it is not free of natural and unnatural disasters. With the occurrence of disasters, many material and mental destructive effects on the entire earth, especially humans. In such situations, the need for support is increasingly felt. This support somehow requires cooperation, convergence and international solidarity. The main question is whether the obligation to cooperation can be considered a fundamental human right? What forms the hypothesis of this research is that; obligation to international cooperation in the event of disasters for a number of reasons, including; the demanding need for extreme protection is considered a fundamental human right. The most important findings of the research is that this obligation is an Erga omnes commitment that, although not limited to the time of disasters, but will be binding on everyone at the time of such risks. It can be argued that such an obligation can exist in other areas that are disaster-free, such as maximum protection of fundamental human rights. This type of obligation can also be raised in the face of terrorist acts, countering impunity.

Customary law is a dynamic source of international law that forms by various act of international players. Applying of margin of appreciation and its invoking is involved the one that can raise its formation as a customary rule. It has been examined in this research whether states invoking on margin of appreciation before any dispute settlement bodies as a defense and its assessment, will be led to its formation as a customary rule or not. For this purpose, requirements needed to identify customary rule, as well as capabilities and challenges that dispute settlement bodies, in particular ECHR, faces with, to stablish customary rules, has been assessed. by distinguishing between the role of states and dispute settlement bodies, the article concludes that Despite of possibility of its formation, there are certain restrictions and ambiguities for recognizing the content of the margin of appreciation as a customary rule, which international law rules has not yet provided any answer to them.

Adam Smith, renowned economist and pioneer of the classical school, mentions the concentration of capital (investment) as a necessary condition for economic development and growth. This means that countries, in order to achieve proper economic growth, have to accumulate and equip capital. For developing countries, including Iran, whose lack of investment is an integral feature, attracting foreign investment to achieve proper economic growth and development is inevitable.But there are several obstacles in the way of transferring this investment, the most important of which are legal loopholes or multiple interpretations. This means that a look at the domestic regulations, especially the Constitution of the Islamic Republic of Iran, indicates the existence of relatively major obstacles to the use of non-governmental systems to resolve disputes arising from investment. Even the use of judicial methods is questionable in terms of the impartiality of each country's domestic courts.Obstacles to resolving a dispute in the general sense means any law, custom or culture that makes it difficult or impossible to reach a compromise between the parties to a private law relationship. This article examines the barriers and challenges of arbitration in resolving disputes arising from foreign investment in the form of barriers arising from constitutional principles, barriers arising from international government immunity, and cultural and practical barriers. This research is applied in terms of purpose and descriptive-analytical in terms of method and nature. The necessary data and information have also been collected through the library method.

The intrusion into the nature of the liberal rule of law as a dominant discourse in modern public law and the awareness of institutional rationality and its limits are of great importance. Accordingly, the purpose of this study is to examine the components of the liberal rule of law from the perspective of two well-known thinkers in this field, Hayek and Nozick, and to explain their legal teachings. Findings of the present article, based on descriptive-analytical method and collection of information through libraries, show the link between nomos and thesis in the legal system, critique of distributive justice and advocacy of modified democracy, emphasis on the meta-legal doctrine of the rule of law and finally setting the normative and institutional framework in Hayek's ideas, on the one hand, and the application of the natural state, the dominant protectionist association, and the social contract to justify the minimal state, acceptance of the minarchy versus anarchy, advocate of entitlement justice instead of distributive justice, and limitation of government functions, the components of the liberal rule of law in the intellectual system of these two thinkers organize that Contemplation in this area has made its differences and similarities with the contemporary rule of law in Iran and efforts to solve the shortcomings of the domestic legal system inevitable.

The purpose of this study is to examine the fundamentals of retirement and basic rights in Australia. The research method is descriptive-analytical and data collection is done using library resources. Surveys show that Australia's social security pension system is based on two main pillars. One is people who immigrate to Australia at retirement age and want to enjoy the benefits of this period, and the other is people who live in Australia and are permanent residents. People applying for a retirement visa need to meet certain conditions. However, people who are permanent residents of this country and have lived in this country for many years can benefit from two pensions under the headings of old age pension and retirement savings, which include all old citizens, who after reviewing the property and They are given assets and the other is a pension fund that saves savings for retirees by receiving certain amounts from employers. Retirement savings in Australia are such that employers must pay their pension savings to employees at least once every three months. The pension savings share is invested during the employee's employment, and the total mandatory contribution, optional contribution and income are paid to the individual with tax deduction at retirement. The amount that most people receive is mainly the employer's mandatory contribution.

Undue performance is a legal evident that cused civil liability of receiver. in the civil law, some objects about undue performance have been emerged and its executive guarantee has been expressed in the case of performing undue performance circumstances. The reason of being legal evident of undue performance is that after performing undue performance receiver’s necessity and legal commitment of the restitution of property arising from legal judgement. In the realm of social security, undue performance resulted from following headings of compension, costs of treatment, pension payment, social security taxes and its appurtenances. Nevertheless, neither of social security articles has pointed to the undue performance, but from the meaning of articles 36, 37, 38,65 and 66 the above mentioned, undue performance can be inferred and considered as instances of undue performance. Undue performance may be the result of making mistake in judgement or matter by social security organization, employer, alienee or workshop interests. In social security article, mistake has not been mentioned. But inferred from 37th article above mentioned, it can be said that organization realization in determining social security taxes can be proved as a mistake.

Maternity leave is important for the health of mothers and their children, as well as the participation of working mothers in the labor market and their economic situation, and the International Labor Organization in the conventions and recommendations on the importance and necessity of support Motherhood emphasizes working women . In the reports of this organization, Scandinavian countries such as Sweden are evaluated at a high level in many criteria such as equality, welfare, etc. Sweden has policies in place to increase the participation of working mothers in the labor market, and with the passage of the Parental Leave Act, it seeks to achieve this goal as well as increase gender equality; This type of leave is currently highly regarded and adapted worldwide. The findings show that in addition to legal protections for women during this period, parental leave implemented in Sweden is well in line with the work-family policy emphasized by the International Labor Organization. In the Iranian legal system, despite legal protections during pregnancy, childbirth and breastfeeding, which also exist in Sweden, paternal' leave is short, and this has a significant impact on women's participation in the labor market. The present article seeks to examine the maternity leave in the two legal systems of Iran and Sweden with a descriptive-analytical method and the importance of legal protections for women in this important period and its impact on their participation in the labor market. And also examine gender equality.

Although development in the contemporary century is a simple and comprehensive concept, theoretically, has different economic, social, cultural dimensions. The question is which of these dimensions are more related to public law and what are the components of this relationship? Governance is at the heart of public law and the center of political development simultaneously. Governance is a step-by-step issue that begins with the issue of the legitimacy of the political unit as the first common point of public law and development and continues to other principles of good governance. The crisis of legitimacy itself is one of the development strategies and public law helps to solve it through its instruments so a country gets the necessary stability to achieve other dimensions of development. In the next step, the concept of good governance is introduced as another common goal. The principles of good governance are not only political goal of development buy also they are legal principles at the same time, and the more the governance of a country has these principles, the richer the public law in that country is, and such a country has political development. What this study shows is that good governance is not only a presumption to economic and social development, but also It is a developmental goal that public law paves the way for through its tools.

Good life including Human’s believes to ends that define the conception of good matters in life and make available virtually basis for life. This conception of good life isn’t material, on the contrary is created from mental layers of person and directs his life such a holy believe. Religion, ethics, culture, art and aesthetic experiences are topics that define the conceptions of the good life for the people. The question of this paper is analyzing the perfectionism approach of constitutional law system of Islamic Republic of Iran to good life and with study the perfectionism and neutrality approaches , is proved the perfectionism approach of constitutional law system of Islamic Republic of Iran to good life in statutory and structural levels . The author with respectful view to virtually life for citizen, believes the necessity of adjusted perfectionism in constitutional law system and deduction forcible methods for propagation the good.

Contractual agreements are a type of administrative contract that usually institutions, public and responsible administrative organizations, as employers (which are the manifestation of the public interest), enter into contracts with individuals within the framework of accounting financial rules and regulations and the provisions of general conditions. Among these contracts are contracting contracts in the field of urban construction, which have important effects and require the necessary attention and policy-making according to the urban components in the field. In this article, with an analytical-descriptive method and in the form of a library, we will examine the effects and policies of contracting contracts in the field of urban construction in the Iranian legal system because; In these contracts, more obligations are imposed on the other party, which is not a government. Therefore, in construction construction contracts, which are examples of urban construction contracting contracts, in relation to policy and provisions related to guarantee and compensation, the responsibility of the parties for urban construction, modification of construction contract and relative It is the effect of the contract, to make the necessary inquiries and the agreement must be made taking into account these components, otherwise the contract and its effects will not be complete.

Corporate crime as a new form of white-collar crime, has today become one of the challenges of the world's criminal justice systems. Therefore, consensual justice is a new criminal policy that is introduced by some legal systems for such crimes. In this article, with a descriptive-analytical method, we seek to find the answer to the question that in the corporate crimes, as long as the case has not been removed from the pre-trial process, to what extent consensual mechanisms have been recognized in the criminal justice system of Iran and the United States of America? The adopted model of each legal system in the matter of criminal prosecution is a decisive criterion that makes the answer to the question easier. Based on the research findings, in the legal system of the United States, principle of appropriateness of the criminal prosecution has been accepted as a rule, and this principle has also been emphasized under the document of the "principles of federal prosecution of business organization", and thus, in this regard, several consensual institution have been set in this law toward to the majority of corporate crimes. In Iran, based on principle of the necessity of criminal prosecution, some consensual institutions in the form of Alternatives to Criminal Prosecution have been accepted by the legislator in a narrow and limited way within the framework of the Criminal Procedure Law, which is necessary to solve the existing judicial and legal gaps in this regard according the criminal justice system of advanced countries.

Currently, the significant increase in financial crimes of government authorities is a serious threat to the public interest of the state, which causes irreparable damage to the strength of the basis of government. Therefore, the fight against financial crimes of goverment authorities is very importance. The most important effective ways to prevent the unjust and illicit possession of goverment authorities are to fight corruption and monitor the property and assets of public authorities. Financial crimes of goverment authorities have reduced government control over economic policies and weakened the state's economic security. The existence of financial corruption of government authorities indicates the malfunctioning of public institutions. Articles 8 and 20 of the UN Convention against Corruption ask on member states to increase honest and responsibility among their officials and to make it a criminal offense for to have the illegal property of a government authorities. The writers in the present article address the role of government institutions in preventing financial crimes and misappropriation of government authorities. Monitoring the property and assets of government authorities and goverment officials is an effective step towards improving administrative health, increasing public confidence in officials and improving Iran's position in the International Transparency Organization.The research method is descriptive-analytical and the library method has been used to collect the issues of the subject and by taking notes from the materials and analyzing the materials.

Natural resources such as land and mountains and seas are one of the God-given riches of societies protect and utilize it is one of the major tasks of governments. One of the most important natural resources is national land; it may be forest or grassland or desert. It is extremely important to distinguish national lands that belong to all people from agricultural lands that belong to a private owner. The that law gives the rangers the right to identify these two types of lands based on certain legal rules and criteria. Since there is always the possibility of rangers mistake in this diagnosis, in case of objection of the interested party, special legal authorities to deal with the objection and invalidation of ranger theory are provided in the law, which in some cases a special commission and in some other cases It is legal. In addition, according to the general principles of law, such as the principle of compensation for all illegitimate damages, and also according to the jurisprudential rule, it should be said that if the warlord has committed a mistake in identifying lands, the owner of the land, who has already suffered damage due to this misdiagnosis, can file a lawsuit against the warlord in the General Court of Legal Law in accordance with the general rules of civil liability and claim the damages.