نشریه حقوق فناوری های نوین
سال سوم شماره 1 (پیاپی 5، بهار و تابستان 1401)

With the development of biomedical research, we are observing the emergence of new issues and, consequently, new legal challenges that it is necessary to study with legal and jurisprudential standards. A Clinical Trial is a kind of experimental research and the most valid type of research to prove the cause and effect relationship between therapeutic intervention and treatment. These types of research have wide jurisprudential and legal dimensions. Informed consent is the process by which a participant or their legal representative sees and understands information about the trial and agrees with it. Ambiguity in the legal status of the informed consent of the person participating in Clinical Trials is a challenge that requires attention and accuracy. The research method of this article is descriptive-analytical, and the method of collecting information is based on the library method. The study findings show that by comparing the consent of Clinical Trials (different from medical consent) with legal bases, it is clear that the specific status of the consent and its conditions and characteristics are such that it should be studied in the framework of indefinite contracts. The contract is generally subject to the general rules of the contract and is specifically subject to other relevant provisions in this field, including the "Ethical Guidelines for Clinical Trials". By examining the jurisprudential arguments and legal rules, it can be said that concluding Clinical Trial contracts to test a new method of treatment or medicine on the physical integrity of the volunteers is permissible even if there is minor or severe damage under particular conditions. Because often, these contracts are concluded in the direction of something rational and expedient interest

The Commercial Code of Iran (adopted in 1932) is the most important set of laws related to commercial affairs in Iran, which forms the basis of Iranian commercial law. The vast majority of Iranian jurists consider the law inadequate, overly incomplete, and vague. In this regard, and accepting the need for amendment, we review the trade bill that has been prepared for this purpose. Given the complexity of the topic, we will only look at the definition of a trader and business practices in the new bill, which is the foundation of the Commercial Code and distinguishes the trader from the non-trader. For this purpose, we first state the main goals of the bill and then examine the success or failure of achieving these goals. Finally, since e-commerce oversees the use of electronic communications in the business process and is a means of doing business, it is inevitable to refer to the corresponding concept in e-commerce law, the concept of "supplier". After analysing the issue, we concluded that by comparing Articles 1 and 2 of the current Commercial Code with Article 1 of the bill, the fundamental changes considered by the Office of Economic Studies of the Deputy Minister of Planning and Economy are not visible, so it cannot be considered a strength listed the innovations of this amendment.

During the COVID-19 epidemic, due to the increasing influx of users to cyberspace and its use, the need to teach the components of social media capital or media literacy to control and reduce cybercrime is an essential requirement for users, especially young audiences doubled. The primary purpose of writing this article is to investigate the impact of the components of social media capital from the perspective of academics in reducing crimes and harms of cyberspace and socio-cultural factors in the context of new media. The research was conducted by survey method, and the data collection method was a questionnaire. The statistical population includes students studying in the academic year 1401-1400, of whom 250 have been selected for the research sample using Cochran's formula.Findings show that increasing the ability of users in society, based on promoting literacy based on culture, ethics, justice, and conscious and critical understanding of the nature of mass media and techniques used by media producers on the individual and society to reduce cybercrime is effective. The study's findings show a direct relationship between understanding the content of messages, awareness of the hidden purposes of messages, conscious selection of messages, analysis of media messages, rationality and critical view of messages as components of social media capital with reducing cybercrime statistics.

One of the issues of artificial intelligence in law is "smart contracts", a modern way of concluding and executing contracts by a computer or a programmed robot, without human intervention, it personalizes the wills of the users -parties to the transaction-, such as the time of concluding the contract, the subject of the contract, certain price, etc., and decide to conclude the contract and execute by itself. Some factors increase the satisfaction of parties and motivate them to use this method of contracting; such as speed, intelligence, optimal use of contract opportunities, better management of profits and costs. On the other hand, construction contracts have always faced major challenges in forming and especially executing of the contract. More often, Economic conditions such as material prices rising in the period of contract execution, which leads to non-performance or long delays, and so conflict with the legal rule to fulfill obligations on time. In the most appropriate cases, the parties request contractual or judicial adjustment but the lengthy litigation annoys them. It seems that smart contracts, with their nature of self-enforcing, can operate efficiently. This contractual platform can solve the mentioned problems, promote trust between parties, qualifies the parties’ capacity and technical and financial competence, pursues the proper construction materials providing, insurance, liability, and document registry, and also prevents property-related crimes.

Investor-state dispute settlement mechanism has evolved through historic changes. Nowadays, arbitration as one of the main dispute settlement mechanisms is preferred and common dispute settlement mechanism in this area. Investment arbitration with all the advantages, has been criticized from proceeding costs and long processes perspectives. Consequently, global tendency to propose and adopt more peaceful and ,flexible and efficient dispute settlement mechanisms which potentially can meet beneficiaries’ needs and endow proper enforcement feature to states and investors, has risen enormously. as a result, Mediation dispute settlement mechanism has the mentioned features, however, it should be noted that besides all its advantages and good points to parties, some challenges in this regard exist. in other words, in terms of enforcement challenges , legal bans and management challenges and pre - requisites still exists which may in turn can be considered as constraints to mediation and comprehensive study shall be carried out before adopting this method.

Banking activities are always facing with risk and the possibility of insolvency, and this is due to the fact that banks' balance sheets are struggling with potential instability. In the stages when a bank suffers from a financial crisis, if the reform of the financial and operational structure does not work and the bank ceases to pay its debts and this is officially announced by the responsible authorities (banking supervisor or judicial authority), it enters into the assessment period for choice of The method of resolving the bank bankruptcy (restructuring or liquidation). In principle, restructuring is absolutely prior to liquidation, according to the usual procedures in leading countries, from here the bank is in the position of formal administration and the supervisory authority or a special legal entity takes control of the bank and implements restructuring measures and methods. The most common techniques used to restructuring a insolvent bank are: merger or acquisition, purchase- and- assumption Transactions , operations involving the creation of bridge banks, or the separation of a insolvent bank into two Good-bank/bad-bank. Regarding the bankruptcy of large banks with major systemic implications; Temporary nationalization of the bank will be the last resort.

Today, the growth of new technologies in the field of media, especially the emergence of social networks, has accelerated the process of obtaining information and then spreading it. One of the topics that people pay attention to on social networks is the life of famous people. Undoubtedly, one of the important parts of these people's lives is their children, and the media tries to publish news about them due to people's interest in knowing about the children of famous people. Famous people, as the parents of these children, have invoked their children's privacy, and the media also have the right to express information freely. Considering the conflict between these two rights, the main question is, which one is preferable? To answer this question, the authors have identified four perspectives with the help of a descriptive-analytical method. In the opinion of some, the privacy and interests of the child are preferred, and a group of people resort to the value of freedom of speech and consider disseminating information about famous people to ensure public interests. Another group differentiates between the type of fame and the type of place. Still, a group in theory called balance seeks to provide criteria that the judge can establish a balance between the right to privacy and freedom of expression in each case using these criteria. In Iranian law, while both rights are recognized, there is no explicit statement regarding the conflict between them.

One of the critical issues of electronic contracts relates to their withdrawal. The essential question of recent research is which methods can withdraw electronic contracts. The method of this research in finding mentioned question answers that the article on Iranian E-commerce code has put the base of comparative study for presenting the withdrawal methods of electronic contracts and solving the existing ambiguity. It has acquired and presented the withdrawal methods of electronic contracts on the strength of intellectual analysis and legal inference. It has been concluded that there are two physical and electronic methods for cancelling electronic contracts. Since this research is the first scientific search in issue and practical research, its results will be used by law scholars, attorneys, judges of courts, and arbitrators in interpreting the articles of the E-commerce code regarding withdrawal methods of electronic contracts.

With the spread of new technologies and the increasing development of countries, new problems are emerging, including new drugs, the most important and newest of which is sound narcotics, which is rapidly spreading in all countries. The actions of the international community in the fight against drugs are significant. This article has been done qualitatively and analytically using library resources.Findings and Conclusion With the passage of time and the expansion of the industry, new drugs were injected into the consumer market, but its therapeutic aspect had diminished and it was mostly used to create a state of euphoria. The international community felt threatened by the spread of narcotics, and with the agreement of countries and the United Nations, began to formulate conventions and conclude bilateral and multilateral agreements on drug control. Drug trafficking is one of the essential destructive factors of the economic system and a threat to the judicial and political system, the leading cause of domestic crimes and the destruction of countries' health and social welfare systems. Countering narcotics requires that it be dealt with in both primary and secondary commitments. In the same situation, the international law in question can be countered by existing rules that demand the cooperation of countries and international organisations as active subjects of international law..

Efforts in medicine and tissue engineering have shown that the production of human tissues and organs within compounds of human-animal cells is possible through a technique called interspecific blastocyst complement. The creation of human-animal chimeras allows the medical world to test some of the common features of humans, namely their stem cells, in the bodies of other living things. Among regenerative/reconstructive medicine’s significant achievements are numerous benefits, including the production of human organs in animals and their ultimate use in organ transplant surgery. This article uses an analytical approach to explain this vital technology’s legal regime. Since human essence and soul are divine, and inherent dignity governs the bondage of living human cells from birth, the legal challenges to hybrid human which contain cellular composition, seem to be due to this gift, namely. The description of being human is of particular importance that should be considered in modern medical and tissue engineering approaches.

One of the subjects of the argument in the competition law is discriminatory transactions; the meaning of discriminatory transactions is any contract that, even though their situation is the same, there is unjustifiable discrimination in one of them. These transactions are anti-competition, and they are prohibited actions in competition law. The authors surveyed the basics of prohibiting discriminatory transactions in this article. This article showed the basics of the prohibition of discriminatory transactions in the USA, containing: Consumer welfare, the fight against monopoly, and market support in a free market system. Also, in the European Union, the basics protect the subscriber market and competitive structures. In Iran, these transactions are prohibited based on not being allowed to abuse the right, public order, and Jurisprudential rules such as the rule of no harm and the prohibition of disrupting the system. Therefore, despite the economic viewpoints against the prohibition of these contracts, there are still solid legal reasons and grounds that it is necessary to prohibit these transactions under certain conditions. The research method is comparative, and the economic and legal grounds for banning these transactions have been examined in the three legal systems of the United States, the European Union, and Iran.

Cyberspace provides a unique opportunity for children to understand the right to freedom of expression and information. Child access to cyberspace is, therefore, a human right, which enables countries that are party to the Convention on the Rights of the Child to create age-appropriate digital content to support children in their capacity for development and to ensure that children have access to a wide range of information, including information held by public bodies, on culture, sports, art, health, civil and political affairs‏. This article found that access to cyberspace and equal digital opportunities create their rights, including children's access to information and freedom of expression and thought, the right to digital education and literacy, cultural rights and leisure and play, and implementing the protection document‏. It was found from children and adolescents in cyberspace and other existing regulations with international documents that the Islamic Republic of Iran has not been able to provide more protection to children by international documents in cyberspace protection laws.