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

One of the most valuable concepts in today's world is to solve the concern of intellectual property in the real space and especially in the digital space. Because in order to solve the concern of intellectual property, it is necessary to offer up-to-date solutions on the platform of blockchain, so that in their form this space of intellectual property rights becomes a safe and secure area. In order to implement this, today non-fungible tokens are used to acquire the right of ownership of a real or digital asset under the title of a digital document. And blockchain, by creating NFT tokens that are created and moved on the blockchain of digital currencies, has made the artists of the world, including painters, architects, musicians, digital artists, graphic artists, animators and filmmakers, who are mainly created from works of art. They earned their own money. Or sometimes they gave away their intellectual property in order to earn money from works of art. They were always faced with the problem of copying works and the ineffectiveness of copyright laws, as well as the problem of selling fake works and mediation of works of art, to find a special solution. This research seeks to explain the solution to the concern of intellectual property in the real and digital space. Therefore, in this research, we seek to analyze the use of NFT tokens and its impact on intellectual property by taking inspiration from similar materials with a descriptive-analytical method. enactment of appropriate legislation, systematic foundation and creation of desire in governmental and non-governmental institutions to use non-proprietary tokens in further protection of intellectual property rights.

The theory of constitutionalization of administrative law is one of the methods by which the constitution is protected. It is used when the fundamental rights and values as well as the principles in the constitution are implemented by administrative law. The system of administrative law is clearly influenced by the principles that constitute constitutionalization. Protection of the constitution is one of the most important issues in any legal system. [The Iranian] legal system is no exception to this rule, and judges have an important role to play in safeguarding the constitution. This theory is almost a decade old in our country. The results of this study, which is written in a descriptive-analytical method, indicate that due to the lack of a constitutional court [in the Iranian legal system], the two institutions of the Guardian Council with it’s priori supervision and the Court of Administrative Justice with its posteriori supervision, have taken steps to implement the neglected principles of the constitution and in this way the constitutionalization of administrative law has been gradually achieved.

The prevention of pollution, particularly stemming from the oil and gas industry, stands as a pivotal measure in safeguarding the environment from irreparable damage. At its core, prevention acts as a formidable barrier against the creation of existing hazards, with a primary objective of preserving the environment. Recognizing its significance, international environmental law defines the principle of prevention as not only averting the occurrence of environmental hazards but also mandating actions that mitigate harm in the event of their occurrence. The intricate interconnection of the prevention principle with other environmental tenets, including the precautionary principle, principle of sovereignty, conservation-use, no-harm principle, principle of cooperation, environmental protection, and sustainable development, underscores its centrality in the global efforts toward environmental preservation.
     The repercussions of oil pollution, a subset of environmental pollution, are substantial, inflicting irreversible damage on ecosystems and living organisms. Given the transboundary nature of oil pollution, the international community has been prompted to establish a framework of regulations aimed at preventing and mitigating such pollution. This research delves into the importance of pollution prevention, examining the incorporation of this principle in both international and Iranian legal systems. The subsequent sections delve into the standards, principles, and the level of emphasis given to prevention in international and domestic laws and regulations related to the oil and gas sector.

Research Question:

This study seeks to address the following central question: to what extent do the Iranian legal system and international legal instruments align in their emphasis on the prevention of pollution resulting from oil and gas activities? The research aims to provide a comprehensive analysis of the legal frameworks, exploring whether the principle of prevention is uniformly prioritized and integrated into the pertinent legislations on both the global and national scales.

Research Hypothesis:

Based on the intricate interconnectedness of international environmental principles and the historical development of regulations following catastrophic incidents such as the Torrey Canyon oil spill, we hypothesize that both international and Iranian legal frameworks emphasize the principle of prevention in addressing pollution resulting from oil and gas activities. The hypothesis posits that an alignment exists between the global and national legal approaches, emphasizing the proactive mitigation of environmental harm through preventive measures.

Methodology & Framework, if Applicable:

To investigate the alignment of the Iranian legal system with international instruments and regulations regarding pollution prevention in the oil and gas sector, a descriptive and comparative approach was employed. The research extensively reviewed library documents, referencing texts of conventions, and scrutinized both domestic and international regulations. The comparative framework focused on identifying commonalities and divergences in the emphasis placed on the principle of prevention. The research methodology also considered historical events, such as the Torrey Canyon incident, as pivotal moments shaping the trajectory of international environmental regulations.
     In navigating the comparative analysis, the study categorized legal instruments into international conventions and Iranian laws, providing a comprehensive overview of the legal landscape. By employing a meticulous examination of these documents, the research aimed to uncover the nuances in the application of the principle of prevention, providing insights into the extent to which both legal frameworks address the challenges posed by pollution resulting from oil and gas activities.

The analysis of international and domestic regulations reveals a significant emphasis on the principle of prevention in addressing oil and gas pollution. International environmental instruments, reflecting a collective global consciousness, underscore the critical role of prevention in averting and mitigating environmental harm caused by these pollutants. The overarching conclusion is that states are entrusted to undertake activities only if they can demonstrate that such actions will not harm the environment. This necessitates strict adherence to constitutional laws, ordinary laws, regulations, and both domestic and international customs.
     The prevention principle, being interconnected with other environmental tenets, resonates across various international standards, including the principle of precautionary, principle of sovereignty, no-harm principle, principle of cooperation, information disclosure, environmental protection, and principle of sustainable development. The international arena showcases a prioritization of these principles, fortifying compliance with the principle of prevention. Countries that manifest a commitment to these principles garner greater global acceptance in the ongoing fight against environmental degradation.
     Within the internal context, the focus on Iran sheds light on its legislative landscape encompassing laws, plans, guidelines, regulations, and standards pertaining to prevent pollution, cooperation, confrontation, preparedness, protection, rehabilitation, and identification of affected areas. While Iran aligns itself with international actions and conventions, concerns arise regarding the seventh development plan code draft, marked by generality, ambiguity, and a lack of specificity in addressing environmental issues. The need for a distinct environmental chapter, issue-oriented approaches, ecological balance considerations, and guarantees for implementation are apparent shortcomings.

In conclusion, the imperative to protect against oil and gas pollution has precipitated the establishment of various international conventions and regulations. The principle of prevention emerges as a cornerstone in this effort, both at the global and national levels. Governments, bound by this principle, are mandated to ensure that their activities do not harm the environment, necessitating compliance with a myriad of legal instruments.
     International collaboration is deemed crucial for the shared goal of safeguarding the environment from hazardous oil pollution. This collaboration requires continuous dialogue, legislative efforts, and the ratification of international conventions. As societies evolve, the commitment to environmental protection becomes more pronounced, with a focus on achieving sustainable development. Iran, as an oil-producing nation, aligns itself with the global community in supporting, protecting, and preventing environmental pollution, particularly from industrial oil emissions.
     However, as evidenced by the analysis of development plans, there is room for improvement in Iran's legislative approach. The seventh development plan code draft, in particular, reveals deficiencies in specificity, issue-oriented strategies, ecological considerations, and guarantees for implementation. Recommendations include the continuous dialogue and collaboration among countries, leveraging technological advancements for accurate prediction and simulation of future regulations, and the assessment of environmental consequences before oil exploration and extraction. Collaboration between petrochemical industries and research centers, both domestically and globally, is crucial to reducing the negative impacts of oil emissions. Specific principles and standards for oil and gas environmental protection should be recognized and emphasized in international conventions, reflecting a commitment to the overarching goal of preserving the environment for future generations.

Domestic violence has very unpleasant effects on the personality and life of family members. The most important result of family violence is the phenomenon of conflict and the disintegration of the family institution. The consequences and effects of violence are not only limited to the framework of the family and its members; Because the importance and role of the family in society is such that its strengths and the whole society. The purpose of this article is to examine the penal measures of Islam and Iran's subject law in preventing violence in the family institution. This article is descriptive and analytical, and has investigated the mentioned question by using the library method. The findings indicate that the family, due to its unique characteristics, is one of the social institutions that legal in a desirable way The institution of the family provide and be able to solve all family problems. Of course, it is not meant to negate rights or legal strategies in consolidating family relationships; Rather, it is meant to emphasize the point that it is necessary to realistically define and correct the level of our expectation of rights in the field of family relations and not to expect more than the capacity of rights, and to solve some inadequacies in this field with ethical strategies. season Also, the legal strategies that are introduced to strengthen the family should not negate the moral aspects of the family institution.

Video game has one of the biggest markets compared to other literary and artistic works. Therefore, it’s crucial to take effective steps for its protection. Of course, the intellectual property law, especially the literary and artistic property law plays the main role in protecting it. In this research we aim to introduce video game and its characteristics as an intellectual phenomenon; In the meantime, we try to find the best classification in order to protect video games through literary and artistic property law in Iran and the United States. This article is a desk research written using Descriptive and Analytical method with library and online resources. Despite video games not being directly mentioned in Iran and the United States statutes, video games are protected as audiovisual works in the United States; however, in Iran, classification of video games is a matter of debate. The result of this research is that in Iran, the clause 12 of article 2 of the Authors, Composers and Artists Rights Protection Act of 1970 can be implemented to protect video games as combinatorial works; also, video games can be protected as software using the Protection of Creators of Computer Software Rights Act of 2000. In any case, distributive classification of video games can be used as a supplementary option. In the end, we suggest the judiciary system of Iran to publish video game cases in order to form case law; Meanwhile, Intellectual Property statutes such as both of the mentioned acts, need to be revised.

In the last few decades, the approved and amended laws on disabled rights have placed tasks and obligations on the shoulders of the government in order to meet the important and essential needs of these vulnerable groups and it is assumed that these obligations cover the entire target society. This study seeks to clarify the issue whether, according to Article 1 (definition of disability), these laws have included all people, especially the mentally disabled, from the beginning or not?

This research is a review type and information collection is done by librarydocumentary method.

Disability as a social issue has been given less attention and this has brought problems and limitations for the disabled, especially the mentally disabled and in the policy, legislation and planning system (fair distribution of social facilities) their issues have been less addressed.

The comprehensive law for the protection of the disabled has shortcomings that are caused by the lack of recognition of the individual and family characteristics and problems of these people. Discrimination of mentally disabled people against normal people of society and even against other disabled people in terms of gender (the conditions of a disabled woman and a disabled man are not equal) as well as the realities of the society in facing these people, existing rules, relations and social planning are all proof of this claim that the correct image of the reality of the problems of these people and their families is not reflected in the society.

Reconciliation and tranquility are the appetence of all nations; however, throughout the world, we are bystanders to the occurrence of novel strife and conflicts. Regardless of the reason of what is the cause for starting or continuing these conflicts, individuals with the minimum facilities that have to protect themselves get involved. The most common and vulnerable of these groups are children; in fact, they sacrifice their innocent childhood days to brutal wars. And these wars cause serious damage to their mental and physical health, making this group the most vulnerable among the others. Children are the most obvious example of defenseless individuals experiencing gun brutality. In the meantime, international humanitarian law has provided extensive support and protection to children during human and inhumane armed conflicts. If children are not directly involved in the conflict, they will benefit from the general conservation provided for civilians, and while they encompass adaptive behaviors with human rights, they will receive advocacy from current laws and regulations governing behaviors toward the foe.On this basis, humanitarian law includes protection mechanisms (both general and specific) for children from the start to the end of their armed hostilities, with the goal of reducing small and large armaments for the benefit of children. In this research, an attempt has been made to examine the protection of children from the perspective of international humanitarian law.

One of the daily activities of the people of the world at any time and place is the use of virtual space. In today's world, virtual space, which is a space intertwined with people's lives, plays an effective role in people's lives. Although the use of virtual space has merits and has made people's lives easier, but not using it properly has caused mental and physical damage to people's health which has increased concerns about the lack of protection of people's right to health. The right to health is considered one of the basic human rights that governments are obliged to provide and guarantee the necessary conditions to achieve this right and to minimize the grounds for its violation. The question raised in this research is, what effect can the control of virtual space have on the health of individuals? The findings of this research indicate that governments can reduce the physical and psychological harm caused to the health of individuals by taking measures such as teaching the correct way to use cyberspace and creating restrictions

In England, although the initial regulation of cultural heritage laws and the approach to the protection of historical environments was due to the legal order, But over time, the role of the common law has become more colorful through the judicial review over the administrative decisions of the cultural heritage authorities and the regulation and protection of historical environments. In this regard, the jurisdiction of the first hearing regarding the administrative decisions of the historical environment protection authorities belongs to the planning court as a special court in the field of historical environment planning, and then the decisions of this court can be challenged in the appeals court and Finally, in the English Supreme Court. In this article, by studying the normative order and judicial procedure of England with a descriptive-analytical method, we conclude that what makes the British judicial system stand out in the field of judicial supervision of administrative decisions in the field of regulating historical environments is that First, identifying the interest of the general public in the possibility of filing a lawsuit against the regulatory bodies And the special consideration of the planning courts of historical environments and then the judges' attention to the principle of public interest in preserving the cultural heritage and historical environments through judicial review.

Testimony is known as one of the evidences to prove a lawsuit or the fastest way to access evidences in legal systems, and its performance at different stages of proceedings is a manifestation of the cooperation of citizens and the community with the enforcement of criminal justice in finding the truth. Undoubtedly, the discovery of the truth as much as it makes the victims and the plaintiffs hope for justice, it makes the accused and the criminals angry and arouses a sense of revenge in them. And this retaliation against the witnesses due to the testimony of the perpetrators of the crimes makes it necessary to protect the witnesses. In this regard, witnesses can be supported by adopting different support methods, especially preventive measures before and during the proceedings and even after. Witnesses also have rights in the judicial process, which should be considered in comparison with the rights of other persons involved in the case. The present study examines the measures and witness rights in Iran's legal system with a brief look at the procedure of the International Criminal Court, which supports financial, mental security and physical security of the witness, including the mechanisms designed to encourage witnesses to cooperate with the criminal justice system, and in this regard, measures such as concealing the identity of the witness, physical protection from the witness, honoring, changing the job and place of residence and Compensation for the damages caused to the witness will benefit.

Nowadays, Technology is a grand narrative in our world which has made fantastic changes in human’s life by progressing in hardware and software fields. It should be said that the current development of the digital environment, such as: information and communication technology, networks, contents, digital services, virtual reality, artificial intelligence, robotics, the creation of blockchain technology and the emergence of the metaverse platform play a role in different aspects of today’s children lives. In addition, with spreading of COVID and the increasing the usage of virtual world which has played an effective role in the production, dissemination and transmission of educational and entertainment information, online accessibility level has been raised up for different groups of society such as children. Meanwhile, children’s rights as the most vulnerable part of the society has been more likely in danger of abuse and assault. Today's children spend too much time for educational, recreational and entertainment activities on the Internet and digital environment. And they are exposed to all types of dangers and threats. The topic of protection of children and teenagers rights is really noticeable and should be support by all governments, civil institutions and other custodians of children's affairs. This survey tries to answer to these questions: Who is the child? What are the effects of the digital environment in his life? What legal and structural mechanisms are accessible in international and local environments for protecting children rights in digital world.

Support for the victim is the main pillar of the supportive victimology approach. This approach in Iran's legal system has also been taken into consideration through friendly mechanisms and paying attention to the consent of the victim and his role in committing the crime. The aim of the current research is to investigate and analyze the compatibility of criminal jurisprudence with the concept of the central victim in the framework of Iran's criminal law system. The findings of this research, which were collected by descriptive-analytical method and library tools, show that the evolution of new criminal laws in the light of jurisprudence and jurisprudence rules that pay attention to the role of the victim has been very precise and significant. In this regard, the results of the present research indicate that some of the rules and rules of penal jurisprudence are relatively compatible with the victim-centered approach and the model of restorative justice. This has caused the said rules and orders to have the necessary capacity to create changes in the process of criminal proceedings and the chain of repeated victimization. Finally, in relation to the protection restrictions that have been created in some legal institutions, the necessary rethinking and revisions should be applied.

The benefit of a healthy environment is one of the rights to be examined by the third generation of human rights. The environmental protection movement goes back more than half a century ago, and environmental protection is internationally important, and international actions have gone so far that even non -governmental judicial institutions in support of the environment. Biomed have called for permission to address environmental issues. Unfortunately, by the 1950s, the seas were regarded as areas for removal of waste, with the development of world trade by the seas and increasing maritime transport, as well as the shift of organic matter through sea pollution and the importance of marine environmental protection. It has been taken into consideration by international societies, and international organizations sought to pursue a specific system to protect and protect the marine environment. Therefore, governments and specialized organizations are committing their international declarations and meetings to take action in this area through conferences.

Information privacy" is one of the aspects of privacy and is considered a part of people's personal domain. From the aspects of information privacy, personal data and information are protected in virtual media. Considering the many harms that threaten marital relations in cyber space, the possibility of each couple's right to access and monitor the privacy of information available in virtual media can be proposed. Considering the basics of the need to respect the information privacy of individuals, this article deals with the challenging issue of conflict and confrontation of respecting the information privacy of couples with the possibility of access and entry of each of them based on the strength of the conjugal relationship and maintaining the integrity of the family system. Considering the basics of the need to respect the information privacy of individuals, this article deals with the challenging issue of conflict and confrontation of respecting the information privacy of couples with the possibility of access and entry of each of them based on the strength of the conjugal relationship and maintaining the integrity of the family system. This research was carried out with a descriptive-analytical method and its result is that, according to the basic principle, it is not permissible to violate the informational privacy of couples, and when the observance of such privacy is in conflict with the preservation of the marital relationship, according to the principle of family expediency, management and custody And good company, maintenance of conjugal relationship and continuity of family existence are prioritized due to their importance; Therefore, each husband and wife can have the right to enter and access each other's privacy and play a supervisory role.

Privacy is a realm of every person's personal life that should not be entered without consent and permission. In Islamic law and Imami jurisprudence, the need to respect the right to privacy of individuals is considered very special. In the Constitution of the Islamic Republic, as well as the Criminal Procedure Law approved in 9219, the Law on Publishing and Free Access to Information, and the Law on Punishment of Persons Who Engage in Unauthorized Activities in Audio-Visual Matters, some examples of privacy are also mentioned. In the examination of jurisprudential evidence and legal materials, collecting and publishing private information of citizens is forbidden except according to the law and in compliance with the relevant regulations.

Article 33 of the Convention on the Rights of the Child is the point in which two different legal systems meet, namely Human Rights System and the Narcotics order. According to this article for which no country has made a reservation, States parties shall take all appropriate measures to protect children from the illicit use of narcotic drugs and psychotropic substances, and to prevent the use of children in the illicit production and trafficking of such substances. Each and every word of this statement is subject to various readings and interpretations: The question is to find specific instances from which the child should be protected and whether the governments are only obliged to take prevention actions or have to cover children already engaged with the issue. Furthermore, the conditions under which governments’ actions take place should be elaborated. Besides analyzing the aforementioned article, this study tries to clarify its reflection on our law especially Children and Adolescents Protection Code. The research is conducted based on the descriptive-analytical methodology with the help of the available library sources as well as considering the general principles of the CRC and its Committee’s statements and conclude children shall be protected of any prohibited substances in the relevant international treaties. States are obliged to take all appropriate measures in order to prevent, treat and rehabilitate children affected by drugs.

Developments in the Middle East began with the popular movements in Tunisia in 2010. Due to the expansion of this movement among the Arab countries, Western countries also tried to enter these developments in order to protect their interests, and the management of the route took some of these movements. Get. Meanwhile, Syria is one of the Arab countries that were involved in some unrest and protests in 2011. With the intervention of Western countries and the support of Saudi Arabia for Sunni extremist groups and the formation of a free army in Syria, these conflicts have expanded and led to Killings and bloodshed in this country Iran, due to its geopolitics and interests in this country, has tried to play an effective role in the current situation in line with its strategic interests. Therefore, in this article, Iran's interests, the role and impact of this country on the developments in Syria, how to be present in Syria according to the opinion of the international community and according to the rules and regulations of international law are examined.