Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 1037-1049 |
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Sanei S, Fallah Kharyeki M, Rouhi M. Areas for Resolving Conflicts between Medical and Pharmaceutical Laws through Achieving Uniform Legal Rules. MLJ 2024; 18 (59) :1037-1049
URL: http://ijmedicallaw.ir/article-1-1925-en.html
URL: http://ijmedicallaw.ir/article-1-1925-en.html
1- Department of Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran.
2- Department of Polotical Sciences, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran
2- Department of Polotical Sciences, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran
Abstract:
Background and Aim: The existence of conflicts in the medical and pharmaceutical laws of the countries of private individuals is one of the most important challenges in the implementation of domestic regulations of countries, especially when there is no predominant factor for preferring one legal system over another. Therefore, examining the grounds for resolving this conflict is considered an essential issue in legal studies. In the present study, various aspects of this issue have been examined using the analytical-descriptive method, and finally the conclusion has been reached that by resorting to methods for resolving conflicts in medical and pharmaceutical laws and unifying them, including by concluding bilateral and multilateral treaties and also by using the model regulations of international organizations, conflicts in medical and pharmaceutical laws can be prevented to a large extent. It is also important to note that these model medical and pharmaceutical treaties and laws must adhere to legal principles and avoid unilateralist trends that may violate the rights of certain countries, as discussed in detail in this article.
Method: The present study is descriptive-analytical in nature and method. In this study, first, using the descriptive method, the concepts, theoretical foundations, and legal frameworks related to the conflict of laws in the field of medicine and pharmaceuticals are explained, and then, using an analytical approach, the feasibility of achieving uniform legal rules in order to eliminate or reduce these conflicts is examined.
Ethical Considerations: In conducting this research, the principles and methods of scientific ethics have been fully observed. To this end, any kind of plagiarism has been avoided and all materials, ideas, and data adapted from the works of others have been used with precise reference to the source. Also, the principle of scientific integrity in citations, correct representation of views, and avoidance of distortion or misdirection of data have been observed.
Results: The findings of the study show that the expansion of cross-border interactions in the field of medicine and pharmaceuticals, including the production, distribution and consumption of drugs, joint medical research and patient circulation, has led to an increase in cases of conflict of laws between different legal systems. Differences in drug production standards, licensing regulations, civil and criminal liability of doctors and pharmaceutical companies, as well as differences in regulatory systems, are among the most important factors in the emergence of these conflicts.
Conclusion: The final result of the research shows that moving towards the development of uniform rules requires the cooperation of governments, international organizations, and specialized health institutions. It is also suggested that domestic legal systems, with a flexible approach, provide the basis for the acceptance and implementation of these rules in order to promote the safety and quality of medical and pharmaceutical services, while protecting the rights of patients and stakeholders more effectively.
Please cite this article as:
Sanei SH, Fallah Kharyeki M, Roohi M. Areas for Resolving Conflicts between Medical and Pharmaceutical Laws through Achieving Uniform Legal Rules. Medical Law Journal. 2024; 18: e71.
Method: The present study is descriptive-analytical in nature and method. In this study, first, using the descriptive method, the concepts, theoretical foundations, and legal frameworks related to the conflict of laws in the field of medicine and pharmaceuticals are explained, and then, using an analytical approach, the feasibility of achieving uniform legal rules in order to eliminate or reduce these conflicts is examined.
Ethical Considerations: In conducting this research, the principles and methods of scientific ethics have been fully observed. To this end, any kind of plagiarism has been avoided and all materials, ideas, and data adapted from the works of others have been used with precise reference to the source. Also, the principle of scientific integrity in citations, correct representation of views, and avoidance of distortion or misdirection of data have been observed.
Results: The findings of the study show that the expansion of cross-border interactions in the field of medicine and pharmaceuticals, including the production, distribution and consumption of drugs, joint medical research and patient circulation, has led to an increase in cases of conflict of laws between different legal systems. Differences in drug production standards, licensing regulations, civil and criminal liability of doctors and pharmaceutical companies, as well as differences in regulatory systems, are among the most important factors in the emergence of these conflicts.
Conclusion: The final result of the research shows that moving towards the development of uniform rules requires the cooperation of governments, international organizations, and specialized health institutions. It is also suggested that domestic legal systems, with a flexible approach, provide the basis for the acceptance and implementation of these rules in order to promote the safety and quality of medical and pharmaceutical services, while protecting the rights of patients and stakeholders more effectively.
Please cite this article as:
Sanei SH, Fallah Kharyeki M, Roohi M. Areas for Resolving Conflicts between Medical and Pharmaceutical Laws through Achieving Uniform Legal Rules. Medical Law Journal. 2024; 18: e71.
Keywords: Private International Law, Conflict of Medical and Pharmaceutical Laws, Unification, Model Law
Type of Study: Original Article |
Received: 2024/12/9 | Accepted: 2025/05/21
Received: 2024/12/9 | Accepted: 2025/05/21
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