محمدیار ارشدی

The increase in construction contracts in recent decades has increased the necessity of creating dispute resolution methods in this field that are appropriate to the requirements of this type of contract. Different methods for resolving disputes are considered in construction contracts. The use of dispute resolution methods due to its non-judicial approach can help to resolve disputes quickly and reduce costs. The nature of construction contracts requires that disputes be resolved quickly and sometimes at the site of the project. In this research, while examining the terms of dispute resolution in Article 53 of the general terms of the contract and comparing it with the terms of dispute resolution in the FIDIC contract, the shortcomings and loopholes in Article 53 of the general terms of the contract will be presented, and suggestions will be made to amend this article.

International intellectual property (IP) regimes play a critical role in climate change management and control. Meanwhile, both developed and developing countries share a high level of responsibility for reducing greenhouse gas emissions and the negative effects of global warming. The main point of contention in international negotiations is the role and impact of IP, specifically patents, in the development and expansion of environmentally friendly technologies and the reduction of negative effects on global warming. In developed countries, IP encourages green innovations and is an effective prerequisite in the development and transfer of technology; however, in developing countries, IP and the monopolistic behavior of its owners is a huge impediment to receiving green technologies. In this regard, the study's main question was: "What is the position of international IP regimes that play a key role in climate change?” This descriptive-analytical study used a desk study and data from reputable online sources to compile its findings. The findings indicated that IP systems have the potential to provide positive results and demand for the public good due to increased influence at international regimes, which is the subject of ongoing and extensive diplomatic negotiations and cooperation in international meetings, as well as on a practical level in the context of private companies.

Climate change has been accepted as one of the new challenges that affects the international community from different dimensions, so that in addition to the existence of several related international conventions, including the United Nations Framework Convention on Climate Change The climate and the Paris Convention have also entered the discussions of the United Nations Security Council. However, it seems that the major problems in combating climate change are directed at the developing countries rather than the developed countries, and this has been proven for several major scientific reasons, because despite the fact that the governments Developed countries are the largest producers of greenhouse gases in the world, but developing or less developed countries are exposed to the most negative effects of climate change. The drying up of pastures, increasing air temperature, consecutive droughts or torrential rains, which also bring many environmental risks, are aimed at developing and less developed countries. Developing and less developed countries have the least technological capabilities in the field of combating climate change. Technologies related to climate change that are responsible for mitigation and adaptation are mainly created in developed countries. And intellectual property rights protect these technologies as valuable assets. Special property monopolies create technological challenges and opportunities in dealing with climate change. This research, which was carried out with a descriptive-analytical approach, the main question is how the international legal system has formed the legal regime in the field of climate change, and then we aim to do this with regard to the international legal regime of climate change. What are the challenges and opportunities of technology transfer?

Human health security is one of the important issues that international research institutions have been focusing on. This kind of human security has been affected by the effects of climate change over the past two decades. One of the consequences of climate change on the health of people is the development and spread of contagious diseases. In the absence of the prevention of these diseases, the international community will see in the near future a wider range of them. The research methodology of this paper is descriptive and based on documentary analysis. In this research, health security has been evaluated as one of the factors of environmental asylum. Findings suggest that reducing health security or lack of it may have the potential of exposing people exposed to these threats as demographic displacement and the emergence of environmental asylum. Protecting people who are in danger of displacement and environmental refugee in the face of such risks are on the agenda of several international instruments, all of which are based on fundamental human rights.

Climate resilience is referred to the social ability in the event of impulses and environmental degradation in pursuit of activities towards goals. Sustainability is established through adaptability and evolution. This will make communities less likely to witness large-scale emigration and the emergence of environmental asylum phenomena as a response to environmental hazards. The climate resilience thinking, in the context of modern urban ecology, enables the integration of human and ecological factors and understanding of the interactions between them, develops sustainability strategies with respect to identification of interactions. An important discussion about upgrading resilience is paying attention to the participation of the people and the civil society, and it is also necessary to educate people about the environment. Therefore, the present research was aimed at investigating the direct role of environmental education in climate resilience and its effect on environmental asylum phenomena using a descriptive method of documentary analysis. The findings of the research suggested that sustainable development and ultimately, climate resilience will be achieved when environmental information is disseminated among people and through the participation of people in preserving the community. The importance of this issue has not been neglected from the point of view of international law, and several international documents have also been dedicated to this issue. Since the occurrence and evolution of climate resilience and as a result the sustainable development of countries depends on environmental education as the main pillar of each society, it is necessary to take measures in order to increase the environmental awareness of the people.

The wife of the couple in the Imamiya has a special attribute. This feature is the product of following the followers of the Imam's religion from the narrations attributed to their infallible imams. Accordingly, the wife does not contribute to the amount of her property of all the property and the couple. The significance of the deprivation of the wife from the inheritance of the real estate and immovable property has been stated that the wife may, after studying, resign her land share, and reciprocate the entry and intercourse (new couples) among the heirs, and the prejudice to the inheritance. The findings of this research suggest that some of the documented narratives of the infallible Imams have been based on specific times and circumstances that nowadays the demands of the time have led to a new cause, according to which the wife could inherit all of the couple's domicile. The current and existing requirements for social, cultural, political, educational, research, and economic empowerment of women in the Islamic society of Iran include a change in the standards of their related sentences, and will change the sentences by changing the criteria. Among the changes in the rules of the judgments about women, it is understood that the quality of the heritage of the wife is a matter of quality. On this basis, the quality of the wife's inheritance, like the legacy, is to be eliminated and the current deprivation of the wife should be eliminated. So that the wife inherits all the property and the couple. Such an attitude would agree with the appearances of the Holy Qur'an.

In marriage the husband is obliged to give money as dowry to the woman or to take it as a commitment. There is no legal reason that the dowry shall be the property of the husband. So someone other than husband can give or be obligated to pay dowry. Party''s commitment to pay the dowry involves several legal effects. The basic question in this context is that the commitment of third party is equal to pay dowry by husband himself or it is different? There are many similarities between the two cases، but in dissolution of the marriage commitment and the right of lien، some differences are seen. This article surveys these differences in Imamiyah jurisprudence with emphasizing on Iran''s civil law.

As far as the role of judiciary in development of environmental jurisprudence is concerned, a short survey on judicial record of Iran indicates that the Iranian Judiciary could not have taken any remarkable decision in this regard, yet! But, unlike the Iranian Judiciary, the Indian’s one has come forward actively to make good the deficiencies of law and provide relief wherever and whenever required. In this way the Indian Judiciary has made an extensive use of Indian constitutional provisions, environmental laws and even common law of tort to protect the environment and developed a new environmental jurisprudence in the country. For instance, the Supreme Court of India, in applying its significant role in construing and expanding the ambit of statutes, ruled that the right to live, specified in Article 21 of the Constitution is not confined to mere animal existence but extends to the right to live with basic human dignity which in turn necessitates enjoying a healthy and polluted environment. In environmental litigation the rule of locus standi has been relaxed by the Indian Supreme Court and the device of Public Interest Litigation (PIL) has contributed to the raising of environmental awareness as well as shaking off administrative lethargy that seems to have set in the statutory enforcement machinery in that country. At the end, some suggestions have been rendered for protection and improvement of the environment and reinforcement of the Iranian Judiciary role in this field.