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

Climate change is one of the problems resulting from increasing greenhouse gas emissions. To solve this problem, the climate change regime, including Framework Convention (1992), Kyoto Protocol (1997) and Paris Agreement (2015) with obligations to the gradual decrease of greenhouse gas emissions have been created. Due to lack of lex Specialis on international responsibility inthe matters of climate change, general rules of international responsibility are applicable to any international wrongful acts of states and compensation for damages suffered by victim states. However this study indicates the system cannnot prove the element of due to uncertainty in causality. Therefore, it faces a challenge in regard to breach of obligation element, because of lack of unconditional obligation in prohibition of emissions; and finally the system faces ambiguity in compensation, because of subjective excluding of compensation especially in Paris Agreement. Consequently, state responsibility is inefficient in the context of climate change and recent developments in this area emphasie ethical responsibility in energy consumption to rectify the relative inefficiency of legal responsibility.

In recent years, the discussion of the access of all countries to essential drugs has been raised as a moral challenge, most of which the granting of intellectual property rights to the of this industry and the lack of access of developing countries to these products. Though this industries have tried to justify themselves with economic and legal arguments, but the result is creating a link between the industries and low-income countries. Thus, the discussion is whether substantially the intellectual property of essential drugs is applicable and whether should not this property be defined in the light of the concept of treatment and human need for treatment? What is the justification for this discussion? Is the right to health and access to medicines is based on ethical principles, or does legal bases support this? The other is the right to have access to everyone will they take medications, or will they just allocate the necessary medications in this domain to drug inventions? It seems legal principles and there is an ethical need for protecting people's health in accessing the necessary drugs to allocate the right to drug innovations. This paper, in two parts of the legal and ethical justification of the debate, seeks to address the conflict between the right to health and the right to intellectual property on inventions providing arguments in two aspects and explaining the ethical justification of this preference by preferring the ethical responsibility of the right to health.