Institute for Trade Studies and ResearchIranian Journal of Trade Studies1735-0794228520180220The Interaction of Good Governance and Abundance of Natural Resources on Total Factor Productivity in Selected Petroleum Exporting CountriesThe Interaction of Good Governance and Abundance of Natural Resources on Total Factor Productivity in Selected Petroleum Exporting Countries12530546FAABOLFAZL SHAHABADI0000-0002-9316-8296Ali MoradiNikta TooraninullJournal Article20170120Limitation of production factor caused Increase in productivity as the most important priority in the process of achieving economic growth and development. So that the share of "increased productivity" in the growth of national production of developing countries is more than the share of "increased Quantity inputs". But empirical evidence shows that most selected petroleum exporting countries due to low productivity of factors of production are deprived of achieving a stable and continuous economic growth. In this study, we tried the crossover effect of natural resources abundance and good governance indexs on total factor productivity in fifteen selected countries for the period 1996-2015. The research model using panel data and the generalized method of moments (GMM) was estimated. The estimation results show the crossover effect of abundance natural resources and all indexs of good governance on total factor productivity the in selected countries have had a positive and meaningful effect.Limitation of production factor caused Increase in productivity as the most important priority in the process of achieving economic growth and development. So that the share of "increased productivity" in the growth of national production of developing countries is more than the share of "increased Quantity inputs". But empirical evidence shows that most selected petroleum exporting countries due to low productivity of factors of production are deprived of achieving a stable and continuous economic growth. In this study, we tried the crossover effect of natural resources abundance and good governance indexs on total factor productivity in fifteen selected countries for the period 1996-2015. The research model using panel data and the generalized method of moments (GMM) was estimated. The estimation results show the crossover effect of abundance natural resources and all indexs of good governance on total factor productivity the in selected countries have had a positive and meaningful effect.Institute for Trade Studies and ResearchIranian Journal of Trade Studies1735-0794228520180220Statement of Risks in Futures in Iran Mercantile ExchangeStatement of Risks in Futures in Iran Mercantile Exchange275730548FAJournal Article20161102Recognition and execution of rules concerning the 'law of obligations' is not always a simple task. In fact, difficulties in understanding the nature of an obligation is sometimes a stumbling block to figure out if the contractual/civil liability is assumed or not. The liability stemming from the 'statement of risks' in futures is an exemplar of such cases whose nature is surrounded by ambiguities. The reasons behind it are as follows: first, the general rules of the 'law of obligations' is not necessarily applicable to the exchange transactions as the follow a special order and discipline. Secondly, formalism in exchange transaction has led to a kind of formalities which, in some cases, dose not serve the justice and fairness in market. Having considered the high risk in futures contracts, the article provides a legal analysis of the content of risk statements from the perspective of disclaimer/exclusion of liability clause. The article will also examine the nature, foundation and liabilities raising from undertaking the content of risk statements. Eventually, despite the fact that futures bear a high risk and exchanges are self-regulated entities, the existence of some professional characteristics in such self-regulating bodies provides a potential for thr modification of liabilities raising from undertaking the risk statement. That being so, the article argues that the acceptance of risk by customer will not provide a justified space for legal reasoning to neglect the particularities of futures.Recognition and execution of rules concerning the 'law of obligations' is not always a simple task. In fact, difficulties in understanding the nature of an obligation is sometimes a stumbling block to figure out if the contractual/civil liability is assumed or not. The liability stemming from the 'statement of risks' in futures is an exemplar of such cases whose nature is surrounded by ambiguities. The reasons behind it are as follows: first, the general rules of the 'law of obligations' is not necessarily applicable to the exchange transactions as the follow a special order and discipline. Secondly, formalism in exchange transaction has led to a kind of formalities which, in some cases, dose not serve the justice and fairness in market. Having considered the high risk in futures contracts, the article provides a legal analysis of the content of risk statements from the perspective of disclaimer/exclusion of liability clause. The article will also examine the nature, foundation and liabilities raising from undertaking the content of risk statements. Eventually, despite the fact that futures bear a high risk and exchanges are self-regulated entities, the existence of some professional characteristics in such self-regulating bodies provides a potential for thr modification of liabilities raising from undertaking the risk statement. That being so, the article argues that the acceptance of risk by customer will not provide a justified space for legal reasoning to neglect the particularities of futures.Institute for Trade Studies and ResearchIranian Journal of Trade Studies1735-0794228520180220The Impact of Supply Chain Quality Management on
Performance Due to Rule of InnovationThe Impact of Supply Chain Quality Management on
Performance Due to Rule of Innovation5910330550FAAli Nazeri0000-0003-0350-7918Mehdi NosratpurSHABNAM ASAKAREJournal Article20161112 <br />The aim of this study is to examine the relationships between SCQM practices, performance and innovation. A conceptual model is developed and tested through path analysis using the cross-section data collected from the automotive industry in Iran. Using a quantitative methodology, 280 of 500 senior and executive managers in the automotive industry in Iran participated and completed the survey. Exploratory factor analysis (EFA) was used for data reduction of the entire sample (to purify the scale) and to ascertain whether the survey questions were loaded on their respective dimensions (this was refined and confirmed later by CFA). Besides that, the Structural Equation Modeling (SEM) was used to examine the research hypotheses and hypothesized model. The findings support the positive effect of the supply chain quality management practices on innovation and organizational performance. In addition, the results of the analysis also suggest that innovation partially mediates the relationship between supply chain quality management practices and organizational performance. Moreover, this study makes several theoretical and empirical contributions and provides further insights on SCQM practices. Managerial implications are discussed, as well as several potential recommendations for future studies are identified and a conclusion is drawn. The outcomes of this research would enable managers to assess the strengths and weaknesses of their organizations and thus develop appropriate strategies to improve their organizational performance. <br />The aim of this study is to examine the relationships between SCQM practices, performance and innovation. A conceptual model is developed and tested through path analysis using the cross-section data collected from the automotive industry in Iran. Using a quantitative methodology, 280 of 500 senior and executive managers in the automotive industry in Iran participated and completed the survey. Exploratory factor analysis (EFA) was used for data reduction of the entire sample (to purify the scale) and to ascertain whether the survey questions were loaded on their respective dimensions (this was refined and confirmed later by CFA). Besides that, the Structural Equation Modeling (SEM) was used to examine the research hypotheses and hypothesized model. The findings support the positive effect of the supply chain quality management practices on innovation and organizational performance. In addition, the results of the analysis also suggest that innovation partially mediates the relationship between supply chain quality management practices and organizational performance. Moreover, this study makes several theoretical and empirical contributions and provides further insights on SCQM practices. Managerial implications are discussed, as well as several potential recommendations for future studies are identified and a conclusion is drawn. The outcomes of this research would enable managers to assess the strengths and weaknesses of their organizations and thus develop appropriate strategies to improve their organizational performance.Institute for Trade Studies and ResearchIranian Journal of Trade Studies1735-0794228520180220The Effect of Production Space Change
on Business Income Tax in Iranian EconomyThe Effect of Production Space Change
on Business Income Tax in Iranian Economy10513730552FAEbrahim RezaeiJournal Article20161117Assessment of structural change circumstance of Iran's economic activities and its effects on business income tax is the major aim of present study. In literature of economic development, several methods have been proposed to measure structural changes, that among them "measuring change in production space based on international trade indices" method has been applied in this paper. Using mentioned method presents that the Iranian economy's production space occupied mainly by petroleum, chemical and primary sector (agricultural and raw material) goods and any technological similarity (proximity) among exporting goods has not been seen. In addition, based on stochastic frontier model results, professions dependent into mentioned sectors had pour performance in tax payment. In contrast, activities containing small density in production space had appropriate performance in tax payment.Assessment of structural change circumstance of Iran's economic activities and its effects on business income tax is the major aim of present study. In literature of economic development, several methods have been proposed to measure structural changes, that among them "measuring change in production space based on international trade indices" method has been applied in this paper. Using mentioned method presents that the Iranian economy's production space occupied mainly by petroleum, chemical and primary sector (agricultural and raw material) goods and any technological similarity (proximity) among exporting goods has not been seen. In addition, based on stochastic frontier model results, professions dependent into mentioned sectors had pour performance in tax payment. In contrast, activities containing small density in production space had appropriate performance in tax payment.Institute for Trade Studies and ResearchIranian Journal of Trade Studies1735-0794228520180220Trademark infringement Criterion Based on
Common Civil Responsibility Roles and Trademarks Feature
in Iran and United StateTrademark infringement Criterion Based on
Common Civil Responsibility Roles and Trademarks Feature
in Iran and United State13916930554FAFarid Ahmadian MoghadamAttorney at lawMirGhasem JafarzadehJournal Article20160904Loyalty and Trust of customers are precious from economical point of view for the trademark. Hence by infringement of trademark the abuser will earn profit of the owner. The main goal of the study is comparative evaluation of trademark refinement criterion between Iran and United States. For this purpose constitution, international convention and agreements, books, reports and literature were investigated and process of judgment and court decisions on trademark infringement was compared in Iran and United States of America. Results showed criterion to confirm similarity between two trademarks has emphasis on appearance, sound, spelling and dilution. Researchers believe that by increase in similarity between trademarks the process of infringement criterion will be less complicated. Results showed there is no clear and complete criterion description in Iranian Law. Also there is no clear evidence for differentiation of imitation and impersonation in Iranian Law. Result showed legal procedure has great potential to create trademark refinement criterion base on trademark characteristic and liability. Also results confirms that legal process in the United States with mentioned trademark infringement criterion has decreased argument into minimum for quality infringement criterion. Finally justifications to improve trademark roles and regulations was recommended.Loyalty and Trust of customers are precious from economical point of view for the trademark. Hence by infringement of trademark the abuser will earn profit of the owner. The main goal of the study is comparative evaluation of trademark refinement criterion between Iran and United States. For this purpose constitution, international convention and agreements, books, reports and literature were investigated and process of judgment and court decisions on trademark infringement was compared in Iran and United States of America. Results showed criterion to confirm similarity between two trademarks has emphasis on appearance, sound, spelling and dilution. Researchers believe that by increase in similarity between trademarks the process of infringement criterion will be less complicated. Results showed there is no clear and complete criterion description in Iranian Law. Also there is no clear evidence for differentiation of imitation and impersonation in Iranian Law. Result showed legal procedure has great potential to create trademark refinement criterion base on trademark characteristic and liability. Also results confirms that legal process in the United States with mentioned trademark infringement criterion has decreased argument into minimum for quality infringement criterion. Finally justifications to improve trademark roles and regulations was recommended.Institute for Trade Studies and ResearchIranian Journal of Trade Studies1735-0794228520180220Sustainable Supply Chain and Environmental
and Financial PerformanceSustainable Supply Chain and Environmental
and Financial Performance17119430555FAMohammad Reza Tavakoli DehaghaniMinistry of Culture and Islamic GuidanceSHADI SHAHVERDIYANIHOJATOLAH MOSAPURJournal Article20170628The aim of this study is to identify and explain the relationship between the components of sustainable supply chain and environmental performance and financial performance of the companies producing chemical fertilizers in Alborz province. The present study in terms of the purpose is practical and in terms of data collection methods is descriptive – survey and also in terms of type is correlation. The study sample included all managers of companies producing chemical fertilizers in Alborz province. Data were collected using a standard questionnaire that its validity was conducted by the measure of hidden variables convergent validity and its validity was confirmed. The reliability of the questionnaire was determined by using compound Cronbach's alpha test. Collected data was analyzed using structural equation model and using the Smart PLS software. Results of the examination of hypotheses indicate that there is a significant relationship between components of sustainable supply chain and environmental performance. Also there is a significant relationship between components of sustainable procurement and sustainable design of supply chain and financial performance, but there is no significant relationship between the components of sustainable distribution and investment improvement in sustainable supply chain and financial performance.The aim of this study is to identify and explain the relationship between the components of sustainable supply chain and environmental performance and financial performance of the companies producing chemical fertilizers in Alborz province. The present study in terms of the purpose is practical and in terms of data collection methods is descriptive – survey and also in terms of type is correlation. The study sample included all managers of companies producing chemical fertilizers in Alborz province. Data were collected using a standard questionnaire that its validity was conducted by the measure of hidden variables convergent validity and its validity was confirmed. The reliability of the questionnaire was determined by using compound Cronbach's alpha test. Collected data was analyzed using structural equation model and using the Smart PLS software. Results of the examination of hypotheses indicate that there is a significant relationship between components of sustainable supply chain and environmental performance. Also there is a significant relationship between components of sustainable procurement and sustainable design of supply chain and financial performance, but there is no significant relationship between the components of sustainable distribution and investment improvement in sustainable supply chain and financial performance.Institute for Trade Studies and ResearchIranian Journal of Trade Studies1735-0794228520180220A Reflection on Shortcomings of Iranian Provisions in
Regard to Determination of Dumping in Comparison with WTO Anti-dumping AgreementA Reflection on Shortcomings of Iranian Provisions in
Regard to Determination of Dumping in Comparison with WTO Anti-dumping Agreement19522330557FAReza MaboudiAssistant Professor of Law/Ferdowsi University of MashhadSoroosh FalahatiM.A. Student of Intellectual Property Law/ Shahid Beheshti UniversitySalma KabirM.A. Student of Private Law/ Ferdowsi University of MashhadJournal Article20151205Marketing techniques and methods of eliminating commercial competitors have attracted considerable attention. One of these techniques is using predatory pricing by which the predator undertakings gain control over a great portion of the market and strike a probably heavy blow to the rivals abroad through supplying products with a lower price than home. In a broad classification, predatory pricing may occur domestically or internationally. The latter is known as dumping. The most important legal document in this regard in Iran is the “Regulation of Predicting Protective, Compensatory and Anti-Dumping Expedients and Measures for Protection of Domestic Producers” 1386 [2007].Since the mentioned Iranian provisions have not been analyzed by Iranian lawyers yet, the purpose of this study is the comparative review of this Regulation and the Anti-Dumping Agreement in order to discern the deficiencies of the Iranian Regulation in regard to determination of dumping. Therefore, the main and specific question of this paper is that what are the exact deficiencies of the aforementioned Regulation, as the most important legal document of Iran, in regard to determination of dumping and what is the solution? Thus, firstly, we will review the main elements of determination of dumping and after introduction of the key issues, the important deficiencies of the Iranian provision such as determination of the ordinary course of trade, concealment or untrustworthiness of the export price, comparison with regard to the price in the country of origin, simultaneous evaluation of the effects of importation from different countries, the prerequisites of investigation in regard to the quantity of the applicants and the price comparison criterion with respect to quantity of sales, will be illustrated and consequently, this paper shows that the current provisions of Iran concerning the determination of dumping face serious deficiencies, the elimination of which requires amending the aforementioned Regulation.Marketing techniques and methods of eliminating commercial competitors have attracted considerable attention. One of these techniques is using predatory pricing by which the predator undertakings gain control over a great portion of the market and strike a probably heavy blow to the rivals abroad through supplying products with a lower price than home. In a broad classification, predatory pricing may occur domestically or internationally. The latter is known as dumping. The most important legal document in this regard in Iran is the “Regulation of Predicting Protective, Compensatory and Anti-Dumping Expedients and Measures for Protection of Domestic Producers” 1386 [2007].Since the mentioned Iranian provisions have not been analyzed by Iranian lawyers yet, the purpose of this study is the comparative review of this Regulation and the Anti-Dumping Agreement in order to discern the deficiencies of the Iranian Regulation in regard to determination of dumping. Therefore, the main and specific question of this paper is that what are the exact deficiencies of the aforementioned Regulation, as the most important legal document of Iran, in regard to determination of dumping and what is the solution? Thus, firstly, we will review the main elements of determination of dumping and after introduction of the key issues, the important deficiencies of the Iranian provision such as determination of the ordinary course of trade, concealment or untrustworthiness of the export price, comparison with regard to the price in the country of origin, simultaneous evaluation of the effects of importation from different countries, the prerequisites of investigation in regard to the quantity of the applicants and the price comparison criterion with respect to quantity of sales, will be illustrated and consequently, this paper shows that the current provisions of Iran concerning the determination of dumping face serious deficiencies, the elimination of which requires amending the aforementioned Regulation.Institute for Trade Studies and ResearchIranian Journal of Trade Studies1735-0794228520180220Applicability of “ National Treatment" in WTO Regulations
over Iranian Tendering ActApplicability of “ National Treatment" in WTO Regulations
over Iranian Tendering Act22524830558FARaheleh Seyed Morteza HosseinyAssistant professor /Faculty of Law and Political Sciences of kharazmi universityHamid BaqerzadeAttorney at Law/ Teacher at Tehran UniversityJournal Article20170104By Iranian “Tendering Act” and its directives, there are many discrepancies between Iranian tenderer and foreign ones in selecting and evaluating processes and preparing the long and short lists in Iranian legislation. <br />It is an invetible necessity for Iran to look into the “GATT”, “GATS” and “Public Procurement Agreement” before joining WTO. Mentioned documents and current practical judgements which have been declared by international resolution tribunals have stated many regulations to isolate any kind of discriminations for member states, although many exclusions have been determined by the “PPA” which considering the “sovereign acts” of the government. <br />However the object of the purchase has to be considered by Iranian “Tendering Act”, in “PPA” regime the subject of the purchase is essential. Subsequently in Iran some corporations have to promulgate a tender while they are acting practically as a private trader. <br />As the result of the research, although it is possible to suspend some of obligations in short term for developing aims by referring to practical process which has been taken by China in joining process, there are two ways in front of the Iran in long term; do not join to the “PPA” or apply some corrections in “Tendering Act” which may deem to some internal and financial developments in case of collaborating to “WTO”. <br /> By Iranian “Tendering Act” and its directives, there are many discrepancies between Iranian tenderer and foreign ones in selecting and evaluating processes and preparing the long and short lists in Iranian legislation. <br />It is an invetible necessity for Iran to look into the “GATT”, “GATS” and “Public Procurement Agreement” before joining WTO. Mentioned documents and current practical judgements which have been declared by international resolution tribunals have stated many regulations to isolate any kind of discriminations for member states, although many exclusions have been determined by the “PPA” which considering the “sovereign acts” of the government. <br />However the object of the purchase has to be considered by Iranian “Tendering Act”, in “PPA” regime the subject of the purchase is essential. Subsequently in Iran some corporations have to promulgate a tender while they are acting practically as a private trader. <br />As the result of the research, although it is possible to suspend some of obligations in short term for developing aims by referring to practical process which has been taken by China in joining process, there are two ways in front of the Iran in long term; do not join to the “PPA” or apply some corrections in “Tendering Act” which may deem to some internal and financial developments in case of collaborating to “WTO”. <br />