نشریه تحقیقات نوین میان رشته ای حقوق
سال دوم شماره 2 (پیاپی 5، تابستان 1401)

The rules and regulations of urban development as control and management software of urban development play an important role in guiding the physical and functional aspects of cities in order to create a favorable living environment for citizens. Based on their legal nature, urban planning laws and regulations should have clear foundations and approaches, especially in the field of public law, so that they have legal legitimacy and social acceptability and can enjoy the necessary efficiency. In this study, an attempt has been made to study the contexts and legal considerations of urban planning laws and regulations in examples of developed countries including America, France, England, Germany and some Northern European countries, in order to identify the main legal-lawful axes and foundations that guide the laws and regulations of urban planning in these countries. This recognition will provide the possibility of learning lessons from the practical legal aspects of urban planning laws and regulations of developed systems and using them in developing systems, such as Iran. The results of the study show that the four main axes including "a legal view of the laws and regulations of urban development on the scale of the constitution or laws approved by the parliament", "special attention to the protection of public rights in urban development", "legal obligation to take advantage of the effective participatory role of the people in the process of urban planning legislation" and "serious provision of prosecution mechanisms in urban planning violations as an important deterrent" form the main axes in the legal layer of the laws and regulations of the studied countries. It should be noted that the "descriptive-analytical" method and the "logical reasoning" method were used in this study.

In order to carry out its duties in the Constitution of the Islamic Republic of Iran in 1388, the Judiciary drafted a bill to protect children and adolescents which was finally approved and announced in Khordad, 1399 after a lot of struggles. The new law is more important than the law passed in 1381 in improving Iran\'s criminal policy. Defining the terms used and identifying hazardous situations for children and adolescents in the general law and determining the age of the Minor in accordance with international documents on the rights of the child, as well as determining the substantive criminal and formal protections in its chapters are the special highlights of the Child and Adolescent Protection Act. Iran’s criminal policy to prevent child and adolescent victimization is well outlined in this law, which we will examine in this article. The Law on the Protection of Children and Adolescents has been able to outline Iran\'s criminal policy in dealing with the victimization of children and adolescents.

Changing conditions and circumstances are among the problems that occur in contracts, especially long-term contracts. The existence of such conditions threatens the fate of the contract. Adherence to the principle of the necessity of contracts and belief in the implementation of the original contract in the new situation has not been accepted by any legal system. In order to solve this situation and actually respond to this issue, several opinions have been raised, which include hardship and force majeure. Hardship is one of the predictions that in case of unexpected events that cause the economic balance of the contract to be disturbed, it provides the possibility of renegotiation between the parties, and force majeure actually leads to the non-implementation of the contract. Besides these two issues, sanctions are also effective as a pressure lever in contracts.

The presence of ships and people in the sea raises the issue of compliance with the principles and rules of human rights by coastal countries and port owners, especially when ships are seized or people are in danger at sea. One of the most important related fields of international law in this field is the law of the seas. The law of the seas has a history as old as being at sea, however, little attention has been paid to the ability to apply and enforce human rights rules at sea. Yet, important documents on the law of the sea, including the Convention on the Law of the Sea, have paid attention to the application of human rights rules at sea. Many commentators have argued that some of the provisions of the Convention on the Law of the Sea embody human rights principles that have not been effectively used to their full potential to date. Although the identification and implementation of human rights rules in the light of the principles and rules of the law of the sea is somewhat difficult and complicated, nevertheless, the Convention on the Law of the Sea has also approved human rights rules in some of its provisions. It is an important issue whether people at sea have human rights and whether governments are obliged to protect these rights and ensure that people enjoy these rights. This article discusses the human rights considerations in the Convention on the Law of the Sea and the judicial procedure of the International Court of Law of the Sea in this field.

The flow of free trade and the growth of technology has facilitated public access to information and doubled the importance of protecting the rights of authors of literary works of art; in a way, sometimes the two are in conflict with each other and prioritizing each can lead to a violation of the other. On the other hand, the protection of works of art and literature, regardless of geographical boundaries, depends on their recognition by various systems, in this regard, international conventions and treaties have been established to expand the scope of protection of authors’ rights. With this process, the question arises that if the rights of foreign authors are not recognized in the territory of the country, according to the rules of domestic law, can the above-mentioned works be used commercially on the Internet without payment? Also, if the operator of these companies is a multinational company whose works are protected in the country of their shareholders, what risks threaten the operator and shareholders? To answer these questions, the dimensions of copyright in cyberspace as well as the rules for the support of the owners of the works were considered to explore its challenges. For this purpose, initially, the concepts and the interpretations in relation to this hypothesis are discussed, and then legal and commercial risks are examined. In this research, the data are collected by the library method and are discussed in two chapters.

Today, economic issues are an integral part of every government. The present study deals with the evaluation of international trade-based laws in the member countries of the Organization for Economic Co-operation and Development. ECO organization strives to improve the economy and help member countries to achieve sustainable economic development, but the member countries are developing countries, for this reason there are inconsistencies and economic irregularities in them, so the producers have turned to cheap imports and the sectors services grow inefficiently and unnecessarily in them, and this means staying away from the main goals of this organization and will not bring any result other than the ineffectiveness of this regional organization. Therefore, this study primarily examines the trade index in the member countries of the Economic Cooperation Organization and then introduces the main determinants of trade and further examines the effect of international investment treaties on the rules of customary international law. The results of the study show that the member countries of the Economic Cooperation Organization with the average index of intra-industry trade in the period of 2003-15 are very low and do not have a suitable and advanced industrial and legal infrastructure. The level of intra- industry trade is much lower than that of industrialized countries, especially in European Union countries, which have an average index of intra-industry trade of around 69%. Also, some political relations and international relations have fueled the inefficiency and progress of this organization. This article is written based on the descriptive and analytical study of authentic documents and sources.