Scientific research
ali khalegi,; davood seify
Scientific research
S. Ali Hosseiniazad; Pouria Askari,
Abstract
Abstract
As a traditional approach in the international investment law transparency has always been defined as an obligation of host states in order to create more protection for foreign investors. This aspect of transparency has been recognized in international investment law as a rule. Currently ...
Read More
Abstract
As a traditional approach in the international investment law transparency has always been defined as an obligation of host states in order to create more protection for foreign investors. This aspect of transparency has been recognized in international investment law as a rule. Currently and alongside with advancement of some discourses such as fight against corruption, human rights, good governance, CSR and corporate governance, a new trend has been formed in international investment law according to which the foreign investors are also under an obligation to remain transparent.
This article with a focus on the background of this shift will analyze the details of this new obligation for the foreign investors. The article relying on a descriptive–analytical approach will provide an in-depth study of both the content of legal instruments including the recently signed BITs as well as the case-law of the investment tribunals to indicate that how the transparency as a global obligation is reflected in theory and practice of international investment law.
The studies finally show that world community is going toward recognizing and strengthening wide variety of obligations, inter alia, transparency for foreign investors.
Scientific research
ali bahadori ,jahromi; , kamal kadkhodamoradi; Mohammad Sadiq farhani,
Scientific research
, Ali Saatchi; , omid mohammadinia
Abstract
Applicable rules on Intellectual properties contracts such as innovation licenses is one of the challenging issues of legal systems. The essential question is contractual issues like the formation of contracts, the obligations of parties; methods of dissolution of the contract, etc. are subject to which ...
Read More
Applicable rules on Intellectual properties contracts such as innovation licenses is one of the challenging issues of legal systems. The essential question is contractual issues like the formation of contracts, the obligations of parties; methods of dissolution of the contract, etc. are subject to which rules? US legal system has a problem to answer this question in the legislative, judiciary, and doctrine areas. In the legislative area, there are efforts to specialize applicable rules on license contract and particularly software. Nevertheless, the states do not approve this specialization due to its generalization and similarity to the law of goods contracts. In the judiciary area, the approach of the majority of courts is an inclination to apply laws of goods contracts on information-based contracts. However, contrary to majority’s view and according to practical doctrine, in order to determine appropriate rules, one has to address the particular subject of these contracts and mainly commercial custom of a license contract and macro policies of intellectual properties systems. Thus, in Iranian Law, we must distinguish the complementary rules from mandatory rules. In consideration of complementary rules, one must examine the commercial context of intellectual properties contracts, contractual forms of the license, and nature of subject-matter (Information). In consideration of mandatory legal rules, the legal system of innovations must be identified accurately, and its applicable rules will be analyzed and codified in the light of them.
Scientific research
Ali Zarifhonarvar,; Mehdi Feizi,; , Mohammad Taher Ahmadi Shadmehri
Abstract
According to different economists such as Baumol and Acemoglu, entrepreneurship may manifest itself in a community productively and non-productively. Rewards structure and wealth distributions are effective factors in investment decisions and economic growth. All economies worldwide are suffering from ...
Read More
According to different economists such as Baumol and Acemoglu, entrepreneurship may manifest itself in a community productively and non-productively. Rewards structure and wealth distributions are effective factors in investment decisions and economic growth. All economies worldwide are suffering from a degree of corruption, which enables rent-seekers to take possession of a part of entrepreneurs’ shares and it could be a sign of violation of property rights. This research presents a theoretical model for the relationship of investment decisions with rent-seekers probability and bribe rate; it is shown that economies may be placed in a multiple equilibria state with low and high rentier rates. The study also found that both the entrepreneurial investment level and income, and rent-seekers income (share), are negatively correlated with the likelihood of an entrepreneur encountering a rent-seeker. In fact, rent-seeking as a symbol of violation of property rights not only decreases the investment level, but also has a negative effect on the rent-seekers payoff. An extended model shows that considering the open economy and the possibility of immigration, it becomes clear that high bribe rates increase the immigration motivation, and greater difference in the rentier rates of the two countries raises the immigration likelihood.
Scientific research
Aminullah Paknejad,; Sayed Mohammad Mehdi ghamamy,; , Dariush zarouni
Scientific research
Fazeh Salimi
Abstract
Abstract law knowledge is inextricably linked to economics. In balancing social relations, these two sciences are always needed and related to each other. Entrepreneurship is one of the most important topics in economics. And research has shown that economic growth is positively correlated with ...
Read More
Abstract law knowledge is inextricably linked to economics. In balancing social relations, these two sciences are always needed and related to each other. Entrepreneurship is one of the most important topics in economics. And research has shown that economic growth is positively correlated with the level of creative activity. According to Schumpeter, entrepreneurship is the engine of development. The goal of entrepreneurship is to improve the quality of life of people and achieve prosperity. Consumers are the most important target group to achieve this goal. Provides tax exemptions, facilitates basic business operations, protects intellectual property and remove barriers to production by regulating entrepreneurship development, protects consumer rights, including the right to choose, enjoy the right to safe and sound goods, and provides government support. This research has used descriptive-analytical method and using library resources to explain the issue that proper regulation in order to develop entrepreneurship helps to increase consumer welfare and protect the rights of the weak party.
Scientific research
, Hedayat Hatami; , kaveh Derakhshani Darabi; , Dariush Hasanvand
Abstract
New international trade theories emphasize on the importance of institutional quality in creating export advantages. According to these theories, the rule of law and the contract enforcement reduce transaction and production costs and thus affects the creation of competitive advantage. Therefore, the ...
Read More
New international trade theories emphasize on the importance of institutional quality in creating export advantages. According to these theories, the rule of law and the contract enforcement reduce transaction and production costs and thus affects the creation of competitive advantage. Therefore, the main purpose of this study is to theoretically and empirically examine the impact of institutional quality in the framework of the rule of law and the contracts enforcement on creating the competitive advantage in the export of petrochemical industries.For this purpose, first, with reviewing the literature, the subject of the impact of the rule of law and the contracts enforcement on the creation of advantage has been theoretically modeled. then, it is tested with data from eight selected OPEC countries during 1997-2017 and the coefficients has estimated using Generalized Method of Moments.The results confirm the research hypothesis that the rule of law has a positive and significant effect on the creation of export advantage. The results also show that the trade openness and human capital have a positive significant relationship with the creation of competitive advantage.
Scientific research
Mehdi Chegni,; Younes Nademi,; Ahmad Mousavi,; Mohammad Mehdi hasemi Kia,
Abstract
Due to the increasing expansion of the capital market and the constant supply of shares of various companies in it and the double desire of citizens to enter this market, the sensitivity and importance of the stock market doubles, given that economic security is one of The most important infrastructure ...
Read More
Due to the increasing expansion of the capital market and the constant supply of shares of various companies in it and the double desire of citizens to enter this market, the sensitivity and importance of the stock market doubles, given that economic security is one of The most important infrastructure of domestic and foreign investment is the protection and provision of health and security of information related to capital market companies. It is very important and significant that the legislators of the capital market economic environment in most countries that are active and leading in this field by criminalizing disciplinary behavior. The dominance of the capital market hinders actions that undermine market efficiency and the trust of capital market actors, which is the cornerstone of transactions. One of these behaviors is to anticipate trading in this market. Therefore, it should be noted that the punishment for this crime should be determined in such a way that it causes a deterrent to a high degree. Access to undisclosed information in the capital market by some brokers in this market is inevitable, if the persons who have access to this information due to working conditions and are obliged to maintain and not use this information until the public release of this information, to It is a premeditated crime in capital market transactions to take advantage of oneself or another in order to make a profit or avoid a loss. In this article, a descriptive-analytical method was used to examine "advance in transactions" along with the analysis of the constituent elements and the conditions for committing this crime in a comparative manner. Considering the importance of security in the stock market and considering the current economic conditions of the country and related sensitivities and the impact of these conditions on changing the nature of premeditated crime in capital market transactions and consequently its punishment in some cases, The legal and criminal enforcement of this crime was examined in accordance with other criminal laws and the degree of deterrence of the penalties provided for it.
Scientific research
Abolfazl Dankob; Mohammad Gholam Ali Zadeh; Hamid Reza Ismaili; Ghulam Abbas Nazarkhani
Abstract
According to Article 54 of the code of the Elimination of Barriers to Competitive Production and the Upgrading of the Country's Financial System and related Regulations, a commission called the "Interference Elimination Commission" is responsible for eliminating interference from the ...
Read More
According to Article 54 of the code of the Elimination of Barriers to Competitive Production and the Upgrading of the Country's Financial System and related Regulations, a commission called the "Interference Elimination Commission" is responsible for eliminating interference from the implementation of parallel acts in the field of lands that recently, in the line with the growth and development of the economy and elimination the overlap of laws and amendment of documents, especially property ones, has been foreseen by the legislator. According to the mentioned act, the relevant organizations will be obliged, in addition to resolving the conflicts and disputes that have arisen between the government and individuals in this area, and establishing land ownership of natural and legal persons under public and private law, also consider how to receive the cost and price of the lands from which the interference has been eliminated. Thus, by consolidating the type and so the ownership, while eliminating the judiciary and reducing the related lawsuits, legal obstacles will be provided on the way to high production and a suitable platform for economic growth and development. In addition, according to the function of the above-mentioned act, it is well understood that, the legislator has basically intended to motivate manufacturing companies on the way of the growth and domestic production by creating incentives for private ownership, and through this way by improving productive employment, helps to improve social welfare. Accordingly, the costs of disputes over land ownership will be reduced or minimized, which in order to achieve, should not neglect the fundamental role of efficient land management and the establishment of ownership as one of the basic foundations of production. In the opinion of the author, the correct implementation of such an act, in addition to stabilizing the ownership of people and reducing the costs of disputes over ownership, can be used as an effective tool in terms of production growth and economic prosperity. However, now, due to the lack of information about the decisions of parallel commissions and the lack of aggregated software records, as well as the weaknesses in relation to the decisions of the commission, including: uncertainty of the decision and its administrative nature and how to act based on traditional executive mechanisms, there is a considerable amount of doubt in achieving these goals.
Scientific research
, Seyed Fakhrodin Hoseini Firoz; , Mohammadsharif Shahi،; , Ghodratollah Noroozi baghkameh
Scientific research
, Rahim Baghban; , Hadise Yekta
Abstract
Sources and basics of foreign investment law are mostly seen in bilateral and multilateral treaties and international arbitration procedures. Thereupon, some questions arise: What is the notion of foreign investment and what are its criteria? What contracts could be considered as investment? And, what ...
Read More
Sources and basics of foreign investment law are mostly seen in bilateral and multilateral treaties and international arbitration procedures. Thereupon, some questions arise: What is the notion of foreign investment and what are its criteria? What contracts could be considered as investment? And, what about the sale contracts? For discovering the criteria of investments, at first is reffered to the criteria mentioned in Washington convention, and then to the criteria in important arbitrations on foreign investments.Library method was used in this research, while, by referring to theoretical discussions, arbitrational procedures for discovering the methods and criteria for investment contracts were considered.The results indicated that three main criteria - participation, specified period of time, and risk - make the nucleus of a foreign investment, in addition to which the objectives mentioned in Article 25 of ICSID Convention and bilateral investment treaties should be considered. Regarding sale contracts, arbitration procedures say that the simple contracts aren’t in conformity with the objectives of Washington Convention. But this approach can’t be extended to all the sale contracts
