Hadi Aghapour hodein bieghi; jafar Nory Yoshanloey; Mokhtar Neam
Abstract
Advances in science and its developments in today's world for the better production of goods have led to the development of new theories and solutions that may also pose risks in the products offered to consumers, but current human knowledge can not recognize it. While the present study proves that the ...
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Advances in science and its developments in today's world for the better production of goods have led to the development of new theories and solutions that may also pose risks in the products offered to consumers, but current human knowledge can not recognize it. While the present study proves that the advancement of science simultaneously leads to the discovery of defects and dangers of these goods, and legal knowledge should provide appropriate coverage to compensate for the damages caused by them. Therefore, the issue of coverage of damages due to development risks is one of the most challenging issues in the field of civil liability that has been studied in most legal systems, but in Iranian law and jurisprudence, the risk of technology development and liability has remained silent. Therefore, the nature and characteristics of development risk with a descriptive and analytical method are studied in detail in this article and the possibility of covering such risks in a restorative and preventive manner in the form of compulsory insurance, compensation guarantee fund, punitive damages, issuance of prohibition agreements, and The application of the precautionary principle has also been proven
ali pirmoradi
Abstract
The approach of World Trade Organisation towards energy has been subject of many debates. One of the important issues is whether member States are obliged to free the energy transportation via pipeline or not. Logically, the mentioned freedom is conceivable in two forms, i.e. third party access and capacity ...
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The approach of World Trade Organisation towards energy has been subject of many debates. One of the important issues is whether member States are obliged to free the energy transportation via pipeline or not. Logically, the mentioned freedom is conceivable in two forms, i.e. third party access and capacity establishment. Amongst the main documents of WTO no explicit regulation in this regard can be found. However, bearing in mind the generality of article 5 of GATT, one can deduct the obligation of member States to free both mentioned forms. Yet, in light of principles of interpretation of international documents, international law principles, case law and legal doctrine, the principle of freedom is interpreted and delimited in that it shall not oppose with sovereignty of members on their territories. Moreover, schedules of specific obligations of member States regarding services show the tendency towards freedom of both forms as paramount on services of pipeline in WTO.
