فهرست مطالب mehdi piri

There is no doubt that the use of chemical weapons by the Iraqi Baath regime in the imposed war against Iran and its massive human casualties, as well as the pain and suffering caused by these attacks for the victims, have been the darkest and most painful consequences of this country's imposed war against Iran. The description of chemical attacks as a war crime has been established and recognized in international law. Without the complicity of foreign companies, the Baath regime in Iraq was not able to produce and use chemical weapons during its imposed war against Iran. Therefore, intending to protect the rights of the victims of chemical attacks, this article deals with the feasibility study of prosecuting the managers of corporations involved in equipping Iraq with chemical weapons from the perspective of international criminal law and German criminal law. The findings of this article show that the liability model of "aiding and abetting" concerning foreign corporations is evident, and also, by paying attention to the history of prosecution of managers of corporations involved in committing international crimes in the years after World War II and the judicial procedure resulting from it, the criminal responsibility of managers of corporations is established and recognized from the perspective of international criminal law. In addition, according to the legal bases in German criminal law, that is, paragraph 9 of section 6 of the German Criminal Code (Strafgesetzbuch – StGB) on the one hand, as well as the history of the trial of former Yugoslavian nationals in German courts in the 90s and the judicial procedure resulting from it, on the other hand, the prosecution of managers of corporations has the necessary legal bases.

Renewable energy sources including Energies of wind, solar, water, biomass, geothermal, marine and other non-fossil energy play a very important role in energy security, social and economic development, access to energy, ensuring energy supply in the long term, they reduce climate change and reduce environmental and health effects. Todays, due to the importance of using renewable energy instead of fossil energy, many countries are seeking to replace their energy sources by passing laws and regulations and adopting incentive and support policies.
In this paper, the researchers are using the library research method to study the comparative laws and regulations and examine the programs and policies encouraging the development of wind, solar, hydroelectricity and biomass energy in the European Union.
 China and the United States are as the main renewable electricity technologies common in each country. It deals with three countries and examines the legal requirements for the expansion and development of renewable energy in these countries.

The obligation of the host state to fair and equitable treatment of foreign investors includes maintaining the stability of the investment environment, transparency, compliance with legal procedures and etc. On the other hand, sustainable development is a dynamic concept whose implementation requires constant domestic and international regulation. A question may arise as to how these two principles can be balanced, most particularly in investment arbitrations. In this article, the possible contrast between these two commitments and the case-law of international investment arbitration on this subject will be examined. It will be concluded that the fair and equitable treatment standard can be interpreted with respect to the object and purpose of an investment agreement in light of the other requirements of the agreement, such as sustainable development. With regard to international investment arbitration case-law, it seems that arbitral tribunals have used behavioral criteria to make interaction among such obligations possible.

Environmental protection is an international issue because it concerns all countries, regardless of their size, level of development or ideology. The principles of environmental law are generally enshrined in international law through peaceful relations and international jurisprudence. The purpose of this study is to provide a model for the principles of environmental law. After reviewing the theoretical foundations and taking opinions from experts, the issue was categorized into six indicators (principle of coping with environmental damage at source, principle of sustainable development, principle of prevention, precautionary principle, principle of evaluation, principle of necessity of environmental protection); Then, a structured matrix questionnaire was developed to determine the interrelationships of these indicators. The data obtained from the questionnaire were analyzed using interpretive structural modeling and plotted at five levels in an interactive network, as a result of which the "Principle of Prevention" index was at the highest level. Therefore, scientific experience and findings indicate that preventive measures related to the environment should be considered as a "golden rule" for both environmental and economic reasons, as this ensures that no damage to the environment. This action is also economically justifiable due to the high cost of compensation.

In the mid of 19th century, the oil and gas industry has been known as one the most profitable industries in the United States of America. Besides the economic importance, the other most important topic that must be considered and analyzed is the transportation of oil and gas products through pipelines and other transportation methods, creating access for third parties, how to keep this market and industry competitive and how to protect the environment against oil and gas pollution. This article has analyzed the most important laws and regulation enacted by the Congress and other outstanding governmental regulatory agencies and foundations regarding privatizing and creating access for third parties to the pipelines and has concluded that the base and philosophy of these regulation is to require the governments of states and system operators of private sectors to provide non-discriminative with reasonable tariffs for the demanders in this industry and market.

U.S unilateral sanctions against Iran, have reduced access to medicines and equipment during the COVID-19 pandemic and its detrimental outcomes in Iran. Such difficult health conditions require the international community to assist the affected communities such as Iran to be able to stand against such unilateral sanctions. This article aims to study the legality of unilateral sanction during COVID-19 pandemic and its impacts on states international obligations to cooperate during such a pandemic. To this end, the international obligation of states at the time of the outbreak of pandemics in order to control the disease were first examined. Then, the nature and legality of the U.S unilateral sanctions against Iran and its coverage in humanitarian aids such as medicine and medical equipment were examined. In doing so, efforts were made to review international documents and some relevant I.C.J cases. Furthermore, by looking at the U.S sanctions laws it was been concluded that U.S unilateral sanctions is contrary to the rules of international law, in particular those which relate to restriction of trade on medical equipment. And also there is no legal basis to comply with these sanctions and non-cooperation in the provision of medical equipment by third states.

Care is a fundamental value in the nursing profession. Nurses’ caring behaviors areeffective in patients’ satisfaction as one of the important indicators of the quality of health care. Thisstudy was conducted to compare the views of hospitalized patients,nurses about the caringbehavior of nursing staff in Khalkhal.Materials,

The present comparative-descriptive study was performed on 200 patientsand 60 nurses of Imam Khomeini hospital in Khalkhal in 2018. Sampling was performed by asimple random sampling technique,and Caring Behavior Inventory (CBI-42) was used as the datacollection tool. Finally,data were analyzed using SPSS software by descriptive statistical methodsand the independent t-test.

The means,standard deviations of the total caring behavior from patients’,nurses’views were 5.42 ± 0.94,30.5 ± 0.59,respectively. There was no significant statistical differencebetween the nurses’,patients’ viewpoints regarding each of the caring behaviors (P>0.05)although a statistically significant difference was observed between the overall score of nurses’ andpatients’ views (t,2.67,P,0.048).

Considering the key role of nurses in treating patients,the need for using appropriatecaring behaviors will increase patients’ satisfaction with the treatment system. Therefore,it issuggested that training courses focus on patient-centered care in order to strengthen caring behaviorsin nurses

The U.S. has imposed extra-territorial sanctions against Iran and thereby impeded free trade for WTO members. In this article we examined U.S. extra-territorial sanctions against Iran following the United States' unilateral withdrawal from JCPOA and its possible violations of its WTO obligations. Also, while examining the nature of extra-territorial sanctions, we examined the GATT exception rules, in particular national security, by examining the Russia- Ukraine Transit case of 2019. The study found that, given the scope of the sanctions imposed, the U.S. government has violated some of its obligations under the WTO, and in view of the WTO panel interpretation of the defense of national security, the justification for extra-territorial sanctions subsequently imposed after withdrawal from the JCPOA is not acceptable and there are some legal solutions under WTO which enable the states to challenge the U.S. Unilateralism.

In cases regarding investment, the first duty of an arbitrator is to consider whether the action by a State hosting property of a foreign investor, is in breach of its international agreement-based obligations or not. The duties of the host state are usually broad in wording which makes it difficult for arbitrators to investigate and settle such cases. In this line, the approach that is taken to assess a breach of state's obligation with regards to the protection of foreign investors to a great extent is similar with the methods employed in other legal cases. The aim of this article is to examine and analyze the effectiveness of such methods in order to test their applicability in international investment arbitration. Since the measures taken by host state are considered as the administration of its sovereignty against a foreign investor and the decision of the international investment arbitration, this article concludes that the legal regime for international investment arbitration calls for particular elements that brings about a distinct regulating regime as well as the application of special standards of review.

Pipelines are one of the most commonly used means for onshore transportation of oil and gas. In general, there are two different approaches which can be used to form the legal framework for the construction and operation of international pipelines: the interconnector and the unified models. These two models differ in a range of factors, including ownership, the governing law, taxation, safety and environmental issues. However, it should be noted that in addition to pipeline agreements which govern the construction and operation of cross-border pipelines, this is the domestic law of the concerned States which allows for the selection between these approaches. This paper examines the structure of agreements which have been used for the construction of international pipelines and examines the possibility of implementing these models in the Iranian legal system. Finally, it has been revealed that a distinction shall be made between pipelines connected to upstream installations and pipelines which are used for transporting refined products. Relying on that, for each category different approaches could be arranged in the Iranian legal system.