جستجوی مقالات مرتبط با کلیدواژه « economic development » در نشریات گروه « فقه و حقوق »

Organization for Economic Development and Cooperation operates as an international organization with the aim of promoting economic development and cooperation between countries in the global economy. The purpose of this article is to examine the principles and indicators of transparency in investment in the Economic Development and Cooperation Organization.

This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.

Ethical Considerations: 

In this article, the originality of the texts, honesty and trustworthiness are respected.

In the Economic Development and Cooperation Organization, transparency in investment and management of financial resources is very important. Transparency in the investment of the Development and Economic Cooperation Organization increases trust. When investors and countries have detailed information about the organization's projects and programs, the possibility of mistakes and errors in financial decisions is minimized and trust in the organization increases. In addition, transparency in the investment of the Organization for Development and Economic Cooperation attracts investment from countries and private companies. Investors prefer to invest in an environment where financial information and investments are provided transparently.

Transparency in investment helps to reduce corruption and misuse of financial resources. When financial information is fully disclosed, the possibility of financial violations and corruption is reduced and countries can direct financial resources to the exploitation of people and sustainable development.

Policy-making is one of the important means of government intervention in various fields, including the economic field. Today, development has different dimensions and economic development is one of its most important dimensions. On the other hand, in modern economic discourses, knowledge-based economy has been mentioned. A term that was used for the first time by the Economic Cooperation and Development Organization and it refers to the use of knowledge and technology in economic activities. One of the methods of applying knowledge-based economy is the use of knowledge-based companies in the structure of the economic system. In Iran, in the past decade, knowledge-based companies have grown significantly, but these companies need various supports from the governing institutions to improve their performance. The research method in this study is descriptive-analytical, and the library method was used to collect the sources. The results of this research show that the implementation of the government's support policies for knowledge-based companies in the long term has significant effects on the knowledge-based economy. Also, the mentioned companies play an important role in realizing the economic independence and self-sufficiency of Article 43 of the Constitution. Despite the provision of some legal support for knowledge-based companies, there are still legal and executive challenges in reaching the desired point.

Economic development is one of the goals of various countries, the efforts to achieve it have generally been associated with environmental destruction. This has faced a fundamental challenge to the right to a healthy environment as one of the environmental rights. The purpose of this article is to examine this important issue, from the point of view of jurisprudence and law, how is economic development affected by the recognition of the right to a healthy environment? In other words, what effect does the right to a healthy environment have on economic development?

This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.

Ethical considerations: 

In the present paper, the originality of the text, honesty and trustworthiness are respected.

The findings indicate that the right to a healthy environment is accepted in jurisprudence and law. The right to a healthy environment has led to the formation of the concept and, more precisely, a theory called sustainable development, according to which, economic development must be carried out along with environmental issues and protection of environmental elements.

In Iranian law, sustainable development has been emphasized as a result of the impact of the right to a healthy environment on economic development; A matter that has been emphasized in jurisprudence in the shadow of simultaneous attention to the use of nature and at the same time its protection.

Despite the abundance of international environmental norms, for various reasons, such as their implementation conflict with the developmental concerns of countries or the lack of consensus at the global level regarding environmental hazards, these norms have not been effective. The GEO-6 report in 2019 states that without additional policies, the trends in environmental degradation are projected to continue at a rapid rate and neither the Sustainable Development Goal targets nor other internationally agreed environmental goals are expected to be achieved, including the set goals regarding climate change, biodiversity loss, water scarcity, excess nutrient run-off, land degradation and ocean acidification, and so on.  The usual procedure in legal research in such cases is to turn the audience's attention to the lack of a sufficient guarantee of these norms, the separation of domestic legal systems from the international, or the absence of necessary criminalization. Without intending to question these conventional legal researches, this essay has tried to take a different path to deal with the challenges related to the "efficacy” or “effectiveness” of such laws with a sociological approach. Generally, having in mind the link between society and law, which is expressed in some famous and proverbial sentences such as "where there is society, there is law (Ubi Societas ibi jus) ", reference to the society and providing a sociological analysis of individuals’ behavior and their reaction to the legal rules in domestic societies or the international community seems useful and even necessary. A sociological look at the factors of the underlying ineffectiveness of environmental norms brings forward theories about environmental sociology and social or economic justice, whose possible role and effects in international environmental law the current research aims to evaluate, with a descriptive-analytical approach and using library research.

Research Question(s):

An important question that we should seek to answer is why the mass of environmental norms are not as efficient as they should be, and governments, as the main members of the international community, have not shown much interest in employing and implementing them. The fact is that to increase the efficiency of legal norms, it is useful and even necessary to pay attention to the coordination between the rules and regulations and weigh them according to the standards of justice, rationality, social values, freedom, equality, etc. This is what we are trying to demonstrate through the concept of socialization of laws. In examining the effectiveness of laws, the formal legal binding of a rule is not taken into account alone, rather, some cases should be studied through a meta-analysis to analyze the individuals’ behavior towards these norms. the result of such analysis is the effective implementation of legal rules as much as possible.

Literature Review:

The current article deals with the efficacy of environmental norms in an interdisciplinary manner and it has not been yet researched and investigated to the extent of the authors' knowledge.

Although, the efficacy of legal norms is raised after the formation or the identification of them, by observing the executive effects of legal norms and their pathology after their creation or recognition, we pave the way for their possible revision and proposing a reform in the legal system. Therefore, the purpose of this article is not only to look at the establishment of the norms and to examine the effectiveness of environmental sociological theories, but it also examines the behavior of international actors, especially governments, concerning pre-established norms. In this way, the methodology of this research in some parts is “Intrasystem” although it is mostly “Intersystem”; because, beyond the international environmental law system, it considers the role of other regimes. As an Intersystem study, in the framework of the present topic, the researcher is allowed, after observing the degree of realization of the rules in social practice, to review the entire process before and after the formation of the rules until their implementation.

Currently, despite the adoption of numerous environmental norms, for various reasons, countries, in general, have not shown much approval towards the implementation of environmental obligations. Two important factors of the inefficacy of these norms are: 1) their conflict with governments’ developmental concerns and, 2)Lack of consensus and sufficient scientific knowledge at the global level.
through referring to some sociological theories, the following article seeks to find ways to strengthen environmental norms (at the stage of establishing these environmental norms) and to influence the behavior of governments towards environmental obligations (at the stage of implementing the mentioned norms).
This research hypothesizes that by opening the door of international environmental law to some sociological theories and distancing it from others, it would be possible to achieve more efficient and effective environmental norms.

In the conditions of globalization, developing countries that seek to attract foreign investment, are forced to create an anchorage of pollution and destruction for economic development in front of foreign investors, and by neglecting environmental issues, development They prioritize the economy. While if they want to move forward in the direction of all-round economic development, they should consider sustainable development because this model of development is all-round, forward-looking, complete, and morally oriented.

In this article, the Islamic Republic of Iran's Constitution was investigated with an analytical and descriptive approach and with the collection method in the form of library studies. Also about which one has priority; Economic development or environmental development, which is actually sustainable development, and which one is considered by the legislator, was discussed and investigated.

There are various approaches to development, each of which has its own theoretical and scientific advocates. But what is desired by most thinkers and creators of modernization and development is sustainable development with an intensified look at the environment.

The rights approach, unlike other economic and political insights and approaches to economic development, is in sync with the environmental rights approach. This means that economic development can only be successful in the direction of sustainable development and reach its destination.

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.

As a study of the relationship between political parties and economic development after the Islamic revolution in Iran, this article pays attention to the course of economic and political developments in the form of development programs. The research is a qualitative and descriptive type of analysis, which is carried out by a documentary method. The results of the survey indicate that the Islamic revolution is the result of the participation of all political groups, including religious, religious and national groups, nationalists with socialist and liberal tendencies, and economic and political development requires the political participation of parties and groups and the economic participation of the private sector. After the revolution, these things have been seen in the country's development plans in the form of five-year plans, where the program and budget organization is the main agent of preparing the requirements and formulating the plan. Despite the fact that the Islamic Republic Party was the most comprehensive revolutionary and Islamic party, it was pulled towards isolation and closure due to differences caused by political attitudes and tendencies, without affecting the economic system and only by eliminating competitors. The parties of construction agents and the 18 groups of reforms had the most influence in Iran's economic development programs, and to the extent that the participation of the parties has decreased, the development programs have also been ineffective. So that the highest alignment and the best performance can be achieved in the third, first, second, fifth and fourth programs respectively.

This article aims to investigate how the implementation of contract obligations affects economic development from the perspective of institutionalists. From this point of view, after expanding the conceptual space of the subject, we will examine the different dimensions and aspects of the impact of the implementation of contract obligations on economic development. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. From an economic point of view, the rules of law in general and the rules of contract law in particular should be efficient and as a result lead to the maximization of wealth in the society and accordingly provide conditions for economic development. Among other things, this matter has been taken into consideration by the neo-institutionalist school in economics. First, according to institutionalists, legal and economic systems are organically related to each other; In such a way that both of them are actually part of the social system, which is called the "double balance" theory. Secondly; Unlike the market approach, institutionalists believe in the effectiveness of contract rights in economic development and emphasize the interaction between the effectiveness of contract rights and economic development as the center of gravity of legal and economic institutions.

the approach of sustainable urban development management, paying special attention to sustainable indicators of the city is necessary to provide the citizens' wishes and opinions on city affairs in order to achieve balance and sustainable urban development. Based on this, the aim of this article is to examine the economic development policies of the Islamic Republic of Iran, focusing on development programs in environmental protection.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.

In Iranian law, sustainable development has been discussed in the five-year development plans. The 5th and 6th plans can be considered a turning point for creating a suitable mechanism to achieve sustainable development. In general, due to the lack of a desirable, coordinated and optimal planning system and the lack of a coherent and institutional connection between planning, policy making and budgeting, the development plans are merely a set of general rules, portraying ideal goals. What is important is to guarantee the implementation of the rules and principles governing sustainable development management.

Sustainable development management requires continuous monitoring of the intensity of economic, social and environmental measures with the aim of finding a new type of healthier and long-term development.

Since the 1950s, three movements have been formed to explain the relationship between the legal system and the various levels and dimensions of development, following the discourse of "law and development". However, various aspects of this relationship are still relatively unknown and somewhat neglected despite its gradual growth and development over the past four decades. For example, how the law affects development in different social, economic, political and cultural contexts in a normative and structured framework, regardless of specific spatial and temporal conditions. Accordingly, this article, discusses how the law affects development (with emphasis on economic development). The effectiveness of these mechanisms in the context of privatization in Iran has been analyzed. The results showed that more attention to these mechanisms is necessary for the effectiveness of laws and regulations of facilitating privatization in Iran.

Background and Centralization and non-centralization are two major approaches in managing ethnic diversity in the eyes of international documents and domestic laws of countries. The current research aims to investigate the position of decentralization policies in the economic development of ethnic groups in Iran according to international documents.
The method of this article is descriptive and analytical, which was done with library tools and referring to related documents, books and articles.
Ethical considerations: In writing this article, ethical principles have been taken into consideration in referencing and using sources.
An effective solution for benefiting from the decentralization approach for the economic development of ethnic areas, changing the administrative structure of the country, involving ethnic groups in the administration of economic affairs, creating ethnic interest and implementing the principles of 100 to 107 of the Constitution and the Eye document. In connection with the lack of centralization, the idea is to benefit from the capacities and economic resources of the ethnic areas and entrust the affairs to the local administrators.
Economic development is a multifaceted matter and if it is possible to effectively involve the ethnic and border regions of the country by referring to international and upstream documents, including the lack of concentration and granting of powers or participation in administrative and economic affairs and policy making. Economic development will be possible by focusing on political and administrative solutions.

Economic development and political system have reciprocal effects on each other. The present study seeks to investigate the role of economic development in maintaining the Islamic system from a jurisprudential and legal perspective.

The present study is qualitative and theoretical. The method used is also descriptive-analytical and referring to documentary sources including jurisprudential sources.

Economic development in Islam, if based on the revival of the dead and the spread of work culture, the use of charity and the denial of usury, the promotion of endowment and moderation and avoidance of luxury, important legal consequences such as deprivation, poverty alleviation, creation Peaceful relations between the people will lead to the denial of dependence on foreigners, the strengthening of the Islamic system and the establishment of justice.

In the present study, fidelity in the use of resources and accurate referral has been observed.

The model of Islamic economic development that can be achieved in the shadow of economic security, in practice should implement the elimination of deprivation, creating satisfaction among the people, providing services and promoting the economic model of Islam based on the interaction of material and spiritual affairs. In this case, the people are satisfied with the political system and the political system is protected from internal and external threats.

Working children is one of the most important social, economic and legal issues that has always been discussed. In this article, an attempt has been made to explain and analyze working children from a jurisprudential perspective and the possibility of eliminating child labor under the influence of economic components such as occupation.

This is a descriptive-analytical article using the library method to investigate the question.Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness have been observed.

The findings indicate that there is no single view on child labor in jurisprudence, but the prevailing view of jurists is that the child's work itself is not abominable, provided that it is the will of the guardian and the child is able to do it. And not harm him. It also seems unlikely that the phenomenon of child labor will be completely eliminated, but since there is a significant relationship between economic poverty and child labor, economic development can affect the reduction of child labor.

Working children due to emergencies seem inevitable. Therefore, it is necessary to develop appropriate legal mechanisms for the legal protection of child labor, because at least by using legal mechanisms to prevent the abuse of working children and reduce harm in this area, and from the point of view of jurisprudence in support of child labor and urgency Interest said.

Swap as one of the new methods of international trade can have a great impact on solving the country's economic problems. This contract has become widespread in the field of international trade. But no research has been done on its advantages and disadvantages in Iran. The present article examines the issue using library resources and answers the question: What are the benefits of swap contracts? And what effect can it have on the country's economic development? It concludes that the swap can prevent the negative impact of price changes on the value of assets and cover the risk of commodity, currency and interest rate fluctuations. Swaps reduce the cost and time of moving goods and currency, and boost the country's transportation, eliminating intermediary currency and using the national currency, and making sanctions ineffective. So the swap has a very positive effect on economic development, but there are also criticisms of it, which is that this contract increases crude sales and reduces domestic production and the value of the national currency. But the important point is that in addition to economic benefits, swaps have significant benefits in political convergence. Communicating with countries around the world through swaps provides political and security benefits, as well as access to the consumer markets for the sale of Iranian goods.

Economic development is the concern of all schools and political systems. Given the importance of economic development, the present study examines its realization from the perspective of Imam Ali (AS).

The present study is of the basic type and method of collecting information with reference to jurisprudential sources and Nahj al-Balaghah. The method of data analysis is also inferential.

The realization of economic development requires the combination of opinion and action in the life of Imam Ali (AS) in the form of poverty and deprivation, justice, work and effort and human and moral development of society. Development can be a model for all when it promotes the spiritual and divine dimensions of human life and does not put worldly goals in opposition to human spiritual goals. This issue is evident in Nahj al-Balaghah as a model of economic development.

 The writing of this article has been done by considering accurate and scientific principles for using resources.

Development from the perspective of Imam Ali (AS) is focused on worldly and otherworldly happiness. Work and effort are very important in terms of quality. Justice and elimination of deprivations and creating welfare and equality for all are the pillars of economic development.

It is necessary to pay special attention to economic legal issues due to the significant economic developments at the regional and international levels and the special attention of other countries to establish economic and trade relations with each other and to the huge volume of activities and control and guidance of their specialized forces and establishing and establishing trade-economic relations. The requirements of place and time and economic crises demand that the world today recognize the special economic needs that domestic forces must be aware of these rules and regulations, and address vulnerabilities and resolve their economic problems with other states. Legal inequalities of investments and their effects along with lack of public support in some cases. In many cases, the effects of private sector investment in the development of host countries and the effects of investment in supporting the public sectors of the host country have been overlooked. Limits the principle of independence of any country with special effects on the host country, severely the rights of the host country without advantage in foreign lands, has always been investment protection. The primary goal in international trade law of foreign investment, this article, while explaining the importance and specific requirements of the subject, examines the examples and their necessity and importance in the field of new international developments.

Certainly, rising material wealth is considered as a tool to pave the way for development. In this way, experts have found that in economic analyses, non-economic factors as important as economic factors. Accordingly institutional economic has focused on economic transactions and criticized the zero transaction cost world. As a result, institutionalism has announced that institutions (formal and informal rules) are important to achieve the economic prosperity, because they are as the rules of the economic game which can provide secure atmosphere, reduce risks and costs, and increase economic incentives to investment and trade. In this regard, the quality of legal institutions, especially legal institutions that create legal core of market (property and contract law) have been highly emphasized. Thus, this paper seeks to answer why property and contract law could contribute to economic growth and sustainable development? It is concluded that suitable legal institutions may provide a secure environment for investment and trade. These elements are vital to achieve economic growth and sustainable development.

Humanity has a common share in space exploration. The fundamental documents of space law support this claim. Although spatial technology has progressed greatly, space law is ambiguous in this regard. High cost and potential benefits of space exploration raise the question of whether spatial mighty countries share their discoveries with other countries? The important point is that developing countries are committed to allocating the interests of space exploration for economic development, while industrialized countries are less committed to economic development than developing countries. So these countries have more control over their own space programs, and their programs have more economic value. This article argues that powerful space-based nations have certain legal obligations about sharing the interests of space exploration that are ambiguous in some respects. Developing countries need to fair share of these interests as high as possible. The system of sharing interests only succeeds if helps the interests of the space nations; both developed and non-developed countries.

Humanity has a common share in space exploration. The fundamental documents of space law support this claim. Although spatial technology has progressed greatly, but space law is ambiguous in this regard, and the high cost and potential benefits of space exploration raise the question of whether spatial mighty countries share their discoveries with other countries? The important point is that developing countries are committed to allocating the interests of space exploration for economic development, while industrialized countries are less committed to economic development than developing countries. So these countries have more control over their own space programs, and their programs have more economic value. This article argues that powerful space-based nations have certain legal obligations about sharing the interests of space exploration that are ambiguous in some respects, and developing countries need to fair share of these interests as high as possible. The system of sharing interests only succeeds in helping the interests of the space nations; both developed and non-developed countries.

Second half of the 90s, there was an increasing amount of articles discussing in very special way the economic development in relation with legal origins. These theorists, all of them economist, believe that legal systems originated from English Common Law economically are more efficient and more developed than their French Civil Law- based counterparts.In this article, it was my aim to discuss this theory in very concise and compendious format. Realising this, the subject has been presented in three parts as follow: typology of the theory, then study of its very content and finally considering the critics.