جستجوی مقالات مرتبط با کلیدواژه "developing countries" در نشریات گروه "فقه و حقوق"

Today, the world depends on the rules governing transnational corporations, and transnational corporations have become one of the main concerns at the national and international levels. The method of traditional standards does not meet the requirements of traditional standards in all countries and does not have the guarantee of proper implementation. Internal and even existing regulations in companies are considered. Following the activities of these companies, the question arises as to what is the obligation to comply with legal laws or violate these laws and standards? It seems that globalization and structural changes in the performance of governments can be considered as one of the most important reasons for increasing power and, consequently, the role of transnational corporations and attracting foreign investment at the domestic and international levels. Legal ethics are automatically observed, and in others, legal standards are violated, so they need to establish legal order and standardization. In this paper, using a descriptive-analytical method, the objectives of foreign investment by transnational companies as the main goal and the challenges in this field are examined.

One of the important functions of the instrumental use of human rights in the foreign policy of the United States of America is to justify the policies that this country pursues in different parts of the world.In this article, an attempt will be made to answer the question of what is the position of human rights in the US foreign policy system and how has it become a tool to serve its national interests?The United States of America is one of the few countries that has an ideological foreign policy. With the difference that in many cases, such as the protection of human rights and the promotion of democracy, ideological foreign policy is used as a tool to secure America's national interests.Examining the actions of this country both at the level of foreign policy and in the field of domestic policy also shows that the view of the United States towards more rights is an instrumental view.This research is of a descriptive-analytical type and has been collected and used from greenhouse sources, internet searches and reliable sites.The findings of the research indicate that the defense of rights in words and their widespread violation in practice has caused human rights to become a tool to serve the national interests of America.

Climate change is the big tragedy of our era, which has affected or will affect all of the inhabitants of the Earth. The extent and intensity of the climate change phenomenon is such that combating it is impossible without global participation, and the mobilization of all available capacities. The law of climate change needed a way by which such a public participation could be realized. The formation of the “common but differentiated responsibility” (CBDR) principle was a response to this need. However, the efficiency of this principle has been doubted. Due to the continuation of climate change and its adverse effects, the question arises: is the CBDR principle efficient enough to solve a crisis which is threatening the survival of mankind? In this paper, some of challenges the CBDR principle is facing as a rule of international climate change law have been examined in order to evaluate its efficiency.

Development, use and transfer of environmentally sound technologies, especially from developed to developing countries, is recognized as an essential step to meet and respond to environmental challenges, protect the environment and prevent its degradation. Since these technologies are protected by intellectual property system, Countries with these technologies often reluctant to transfer these technologies to developing and less developed countries easily. Thus, intellectual property rights can make it difficult to transfer environmentally sound technologies to countries in need by granting an exclusive right to the right holder. The purpose of this research is to provide solutions to remove transfer barriers and adapting this system to the needs of developing countries and facilitate the transfer of technology to these countries. The result of this research shows that use the flexibility and capacity of intellectual property rights such as compulsory licensing, Exceptions to Patent Rights, Parallel Importation, Exceptions to the possibility of receiving a patent and pay more attention to the situation of developing countries adapts the intellectual property rights system to the needs of developing countries and facilitates the transfer of environmentally sound technologies to these countries.

The Berne Convention is the fundamental international document in the field of copyright. It’s been a long time that attachment of Iran to this document is the subject of a dispute between legal and political authorities. The document contains an appendix including six articles for benefit of developing countries. Investigation of different positions in the field of attachment of Iran to this document and the appendix and the analysis of bonuses presented in the appendix for the developing countries form the subject of the text. The text has been submitted to people interested in the intellectual property field in two sections under the titles of positions of opponents and proponents.

Since 1960 decade, the United Nation have commenced efforts regarding to international development. this efforts composed of numerous declarations and resolutions of General Assembly of United Nation, creation of special institutions In the field of development Including United Nation Conference on Trade and Development (UNCTAD) and United Nation Development Programme (UNDP), four decades of development strategy (from 1960 to 2000) and also the United Nations Millennium declaration about development (2000). It seams which exact consideration of this declaration which is enumerated obstacles of development In detail, and check of account of achieve to this goals in certain time, clearly can display amount of success of the United Nations in relation with Development. despite of diligences of United Nation in relation with development, that can not entirely attain to goals which have envisaged in this realm. reasons are notable in herein including a lack of institutionalized instrumentation, a lack of binding international document, a lack of scrutiny of charter of United Nation.

Developing countries which constitute the majority members of the World Trade Organization (WTO) are having a better situation relative to the past. On the other hand, their economic deficiency and inexperience in international trade, is a disadvantage for them with regard to developed countries. This is clearly seen in trade disputes and judicial cases in the world trade organization. The process considered for resolving trade disputes in WTO does not benefit developing countries due to its high costs and complexity. Thus, making them to cooperate is important for the legitimacy of the world trade system and, for this end, three major solutions including institutional reforms, process reforms, and systemic reforms are discussed.

Following the evolution in the concept of peace and security, UN Security Council has considered climate change as a threat against international peace and security since 2007 in its 5663 meetings. The consequences of the climate change will vary around the world. Some countries may encounter severe storms and floods resulted from melting of polar ice caps while others may face droughts. Increasing earth temperature which is one of the most important consequences of climate change endangers human security and life especially in the developing countries. It also exacerbates social and economic poverty and finally results in international and non-international conflicts. Also, there are some hot places in the world which are likely to be the main victims of these changes but the effects would threaten all nations. This article, explaining national and international consequences of climate change, tends to consider the relationship between these changes and international peace and security in light of different state observations in Security Council’s meetings.

This article Identifying the effect of competition law on productivity growth، by using a panel data for developing countries. For this purpose، the dynamic panel models have been used to estimate relationships between variables and، the generalized method of moments (GMM). fixed effects and random effects are estimated. The evidences show that the effect exhibits an asymmetrical pattern depending on the stage of development for each country. For the poor and less developed countries (LDCs) whose institutional frameworks cannot exceed a threshold level، competition law has a very limited effect on changing economic activity، and its legislation is neither harmful nor helpful in terms of market competition or economic growth. As to the developed countries (DCs) and middle-income LDCs، although their institutional frameworks have passed the threshold level، the effect of competition law on growth still depends on the law enforcement efficiency of the government. Without an efficient enforcement scheme، a stronger competition law not only cannot support productivity growth، but might also slow down the potential path of rowth.

Most of the members of developing countries influence current international system depending on their interaction with super power in particular the United States of America and transatlantic interaction in the framework of its reaction against tension and international incidents. After the end of Cold War, European Union tried to improve and regain its position in international system. They rejected the use of force as a mean of attaining their objectives and emphasize placed on diplomacy, business linkage, international law, multilateralism as tools of resolving conflicts instead of the previous policy. This article aims to analyze the effects of these policies on transatlantic interaction with United State of America and also the position and the role of European Union in international system. It also tries to work on different opinions of the two super powers and the result of current issues that the difference of opinion will put European Union against American hegemony. This article will give some suggestions about improvement of the European Union goals in the international system.

Compulsory licensing is one of cooperation ways between intellectual property law and competition law. A compulsory license is a permission from a public authority to exploit an invention without the consent of the patent holder. The licensing usually uses in all legal systems to restraint intellectual property owner from abuse. Fundamental difference between legal systems is scope of enforcing of the licensing. Developing countries use spread compulsory licensing for health and commercial purposes but developed countries use the licensing with limited usage and with special circumstances. In fact, each of them decides according to their economy and interests.