Dispute

Open Access Article

1 - The dispute settlement mechanism between member countries of the Shanghai Organization
reza shokri golnaz amjadi ali ilkhani

The Shanghai Pact is one of the most important security-economic blocs in the Asia-Pacific region and one of the few successful international organizations among Asian countries. A significant part of this success can be attributed to the benefit of the mentioned organi More

The Shanghai Pact is one of the most important security-economic blocs in the Asia-Pacific region and one of the few successful international organizations among Asian countries. A significant part of this success can be attributed to the benefit of the mentioned organization from the integrated infrastructures that its members designed and implemented step by step since its establishment. This research, using the analytical and explanatory method as much as possible, tries to provide an accurate and scientific answer to the question raised in line with the goals of the organization. Dealing with this issue requires the analytical method of documents and library data and among the factors affecting the countries that are members of the Shanghai Treaty. One of the fundamental elements of the structure of the Shanghai Treaty is the multi-part dispute resolution system in which the present article will examine the scope of the competent authority's actions in the proceedings in each of the disputes. The present article is based on the fact that the description and recognition of this part of the Shanghai legal system can be effective in implementing its dispute resolution models in other international organizations among developing countries; Organizations whose lack of proper infrastructure has made their efficient operation face many obstacles. Manuscript profile

Open Access Article

2 - The Theoretical Qualification of Mediation for International Litigation
محمود Vaezi

In late 19th and 20th century, much has happend for the peacefulsettlement of disputes, taking full account of the recent developmentsinstead of the use of force. After much travail the internationalconferences have been created, the system for addressing disputes setup More

In late 19th and 20th century, much has happend for the peacefulsettlement of disputes, taking full account of the recent developmentsinstead of the use of force. After much travail the internationalconferences have been created, the system for addressing disputes setup by the conventions, come into force. As with other means of disputesettlement is the process of mediation. The cases just considered arewhat the author indicates about the kinds of concerns that induce thisway of settlement: political, legal and technical questions and alsothe dispute itself. The purpose of this article is a completely referenceto a definitive overview of mediation of disputes to the litigation,mediator, mediation clauses. The author has produced a critique ofthe mediation with special focus on litigations. Manuscript profile

Open Access Article

3 - WTO jurisdiction and human rights
Vahid Bozorgt Amir Houshang Fathizadeh

The aim of this article is to explore the WTO jurisdiction in terms of human rights. WTO resources and legal opinions, the authors have concluded that WTO law is a self-contained system of law and its dispute settlement body (DSB) shall consider only the member’s More

The aim of this article is to explore the WTO jurisdiction in terms of human rights. WTO resources and legal opinions, the authors have concluded that WTO law is a self-contained system of law and its dispute settlement body (DSB) shall consider only the member’s disputes in terms of the rights and obligations provided in WTO agreements and it does not have the capacity to examine those disputes which fall under the jurisdiction of other systems of law such as human rights However, despite this fragmentation and separation between WTO law and human rights law, the DSB may make use of the relevant rules of International law, including human rights law, to clarify the provisions of WTO agreements. Manuscript profile

Open Access Article

4 - A Succinct Review of Judicial Settlement of the International Disputes
Hossein Sorayaii Azar

The path of the development of the International Law, during the last centuries, seen from the actual modern era of the legal theories point of view, is associated with the peaceful settlement of disputes between independent States . The "raison d'etre" of the first an More

The path of the development of the International Law, during the last centuries, seen from the actual modern era of the legal theories point of view, is associated with the peaceful settlement of disputes between independent States . The "raison d'etre" of the first and second Hague Conferences (1899 and 1907) was the dispute settlement discussions, and the Permanent Court of Arbitration is the fruit of these conferences . The Permanent Court of International Justice (1920)was the cornerstone of the judicial development of the International Law in the League of Nations system.Whilest the International Court of Justice(1945) was  heraldic  of modern era of  legal theories in International Law ,in which the different mechanism of judicial settlement of disputes have been developed . Actually the judicial settlement of disputes between States is considered as the hub of world legal order and inter- States relations of different nature (e.g. commercial ,regional, environmental etc.)   Manuscript profile

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5 - Elaboration of Countractual Factors of Disputs Arising out of Domain Name
Parviz Savrai Fatemeh Pourmasjedian

The different names of internet’s domain are easy obtainable shapes of internet ddresses and usually will be used to find the web sites. The Domain Name System (DNS) is an international address system and is a unique guidance to locate addresses in the virtual wor More

The different names of internet’s domain are easy obtainable shapes of internet ddresses and usually will be used to find the web sites. The Domain Name System (DNS) is an international address system and is a unique guidance to locate addresses in the virtual world. In today’s world, which tendency is to eliminate or limit traditional communication methods, responding to legal issues related to domain names, for example disputes related to registration or usage with bad faith of domain names similar or equal to other’s trademarks, is inevitable.  The main question is, what are the limits of relevant legal laws, in our existed rules and regulations for domain registration contract or transfer of it? In this regarded s of course the regulations of transnational, and following intern network, and finally the legal centre of domain name should be considered. On the top of the issues of related applicable rules, if there are needs to govern new rules then, what are the structure of those rules could be? This thesis is trying to focus on domain name subjects and answer to related questions which are due to lake of relevant laws and procedural rules are faced with ambiguities the results of this research about legal nature of the domain name approved that the domain name actually is on of the types of intellectual properties considering the following notes: - The function of domain name is purely used in cyberspace. - The main goal of users in first step is to have access to their desired information networks in order to receive political social, cultural, economical, commercial, and trade information for their different purposes. - The judgement from judicial authority could be enforced for registration of domain name or cancellation and transfer of it, subject to not exported out conflict judgment from international arbitration centres. - The owner of domain name, subject to observe rules and regulation, should be supported by laws.   Manuscript profile

Open Access Article

6 - Evaluating the WTO Dispute Resolution System from the Perspective of Developing Countries
Gholamreza Saffari Taheri

10.30495/jisds.2007.21298

Introduction: In this article, while examining this system in the form of GAT and WTO and explaining its role and impact on the organization's interaction with other international law regimes, considering the development factor of member countries, identify its main cha More

Introduction: In this article, while examining this system in the form of GAT and WTO and explaining its role and impact on the organization's interaction with other international law regimes, considering the development factor of member countries, identify its main challenges and place developing countries in We have analyzed its evolution and evolution.Research Method: The correlation between the situation of developing and developed countries has been studied through documentary and survey methods using documents in the field of research and statistics published by the World Trade Organization.Findings: The dispute resolution system, as the most valuable asset of the new international trade system, plays an important role in enforcing the regulations and fulfilling the obligations of this organization. This system, with its automated procedures and the ability to prescribe trade reciprocal measures as punishment, provides a unique mechanism by which member states can demand full implementation of negotiated trade concessions.Discussion and Conclusion: Despite the significant benefits provided to "developing countries", many of these countries have not had adequate participation and benefit. In recent years, the presence of developing countries in this system has become more prominent, but still developed countries have a significantly greater presence and benefit from it. Lack of a coherent economic system and costly limited legal capacity and lack of financial resources, lack of information and insufficient experience of developing countries; Strong economies and the influence of developed countries are among the reasons for this.litigation, Manuscript profile

Open Access Article

7 - Evaluating the WTO Dispute Resolution System from the Perspective of Developing Countries
Heybatullah Nejandi Manesh Gholamreza Saffari Taheri

In this article, while examining this system in the form of GAT and WTO and explaining its role and impact on the organization's interaction with other international law regimes, considering the development factor of member countries, identify its main challenges and pl More

In this article, while examining this system in the form of GAT and WTO and explaining its role and impact on the organization's interaction with other international law regimes, considering the development factor of member countries, identify its main challenges and place developing countries in We have analyzed its evolution and evolution. The correlation between the situation of developing and developed countries has been studied through documentary and survey methods using documents in the field of research and statistics published by the World Trade Organization. The dispute resolution system, as the most valuable asset of the new international trade system, plays an important role in enforcing the regulations and fulfilling the obligations of this organization. This system, with its automated procedures and the ability to prescribe trade reciprocal measures as punishment, provides a unique mechanism by which member states can demand full implementation of negotiated trade concessions. Despite the significant benefits provided to "developing countries", many of these countries have not had adequate participation and benefit. In recent years, the presence of developing countries in this system has become more prominent, but still developed countries have a significantly greater presence and benefit from it. Lack of a coherent economic system and costly limited legal capacity and lack of financial resources, lack of information and insufficient experience of developing countries; Strong economies and the influence of developed countries are among the reasons for this litigation Manuscript profile

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8 - Settlement of environmental disputes from the world trade with the context of WTO settlement mechanism
Farhad Dabiri Ali Zare Mostafa Panahi Milad Malakpour

Environmental dispute among nations and beneficiaries or even the procedural organizationsstill subsist, beside environmental dispute due to world trade in form of the dispute settlement systemof World Trade Organization treated as an effective source of international i More

Environmental dispute among nations and beneficiaries or even the procedural organizationsstill subsist, beside environmental dispute due to world trade in form of the dispute settlement systemof World Trade Organization treated as an effective source of international instability and a threat topeace and international security. Concerning the importance of environmental issues and the fact thatthe system and the nature of environmental rights are based on precautionary and preventive bases, notthe redress methods as a subject of public international rights which has not much efficiency ininternational environmental rights; hence the competence and qualification of WTO’s DisputeSettlement System on encountering the environmental issues should be evaluated. In this research theimpact of international conflicts including the environmental issues and their impact on environmentalinternational rights development and the role of the environmental dispute settlement committees inWTO will be studied by the help of reviewing the library sources and in-house and externalprofessional essays. Moreover the efficiency of WTO’s Dispute Settlement System facing suchargument and its impact on environmental issues and rectification of the environmental loss will bestudy as well as the effect of advisory opinion of Trade and Environmental Committee, Unesco‘s planon jury’s or appellate decisions of WTO’s Dispute Settlement System via balancing resources furtherto comparing the out coming results with the desired criterion. End result of this study indicates whatapproaches and method are engaged in WTO’s Dispute Settlement System for argument resolutionand define the schedule and costs for resolving the environmental disputes, definitive sentences andadministrative mechanism of WTO’s Dispute Settlement System. Manuscript profile

Open Access Article

9 - The Judiciary Mission of the International Court of Justice against Political Performance of the Security Council in International Disputes
Morteza Ghahremani Seyed Yaser Ziaee

10.22034/sej.2022.1948351.1418

The purpose of the present study is to review the judiciary mission of the International Court of Justice against the political performance of the Security Council in international disputes. The research method is descriptive-analytic and the results showed that the cou More

The purpose of the present study is to review the judiciary mission of the International Court of Justice against the political performance of the Security Council in international disputes. The research method is descriptive-analytic and the results showed that the court should never avoid pursuit of solving important political disputes just because they are in terms of political issues and aspects, even though there were no provable principles in international laws. Manuscript profile

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10 - Jurisprudence of the Guardian Council over the expediency of the system in the shadow of the Constitution
Hasan Khosravi Mohammad javad Hosseini

The simultaneity of the chairmanship of the Expediency Council and the twin membership of the same person as a jurist of the Guardian Council, according to the constitution, creates new issues in the relationship between legal and political institutions of Iran. Althoug More

The simultaneity of the chairmanship of the Expediency Council and the twin membership of the same person as a jurist of the Guardian Council, according to the constitution, creates new issues in the relationship between legal and political institutions of Iran. Although there is no contradiction in the silence of the Constitution, the internal regulations of the Parliament, the Guardian Council, and the Assembly, this appointment raises questions and assumptions in the implementation stage of the Constitution, which is inconsistent with some general legal principles, such as the principle of neutrality of the dispute resolution authority. It can be observed by looking at the constitution that many principles do not have the capacity of this appointment and are silent in the face of it. The results of this research show the weight of the scales in favor of the jurists of the Guardian Council in the Assembly, the questioning of impartiality when examining cases of disagreement and plurality and the difficulty of performing the duties of these two positions for one person.The lack of attention of the legal circles to this appointment and its challenges has caused the authors to scrutinize more, and the innovation of the research lies in the explanation of the new and ambiguous relationships between these three institutions. Manuscript profile

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11 - Pathology of resolving disputes between executive bodies with the internal mechanisms of the executive branch within the framework of Article 134 of the Constitution of the Islamic Republic of Iran
parviz kohandel moein sabahi Tayebe Balvardi Abolfazl jafargholi khani

AbstractInvestigations show that the government has long sought to de-judge and internalize the method of quick, specialized, legal and cost-free resolution of disputes of a non-judicial nature between the executive bodies under its management and the internal mechanism More

AbstractInvestigations show that the government has long sought to de-judge and internalize the method of quick, specialized, legal and cost-free resolution of disputes of a non-judicial nature between the executive bodies under its management and the internal mechanisms of the executive branch within the framework of Article 134 and in compliance with Article 159 of the Constitution and this policy was implemented in the form of approvals of the Council of Ministers and by drafting regulations on how to resolve disputes between executive bodies by the governors and the legal assistant of the president and including the prohibition of paying government funds to raise disputes between ministries and government institutions in judicial proceedings. The country's annual budget has been followed and implemented. However, due to the lack of legal infrastructures and the lack of planning for coherent administrative and executive structures in the governorates, no significant results have been achieved. Therefore, in this research, which is organized in a descriptive-analytical and library method, while identifying the obstacles, strengths and weaknesses, ambiguity, silence, contradiction and conflict in the existing laws and regulations, we have tried to find solutions to empower, modify and revise the process. We present the law for resolving disputes between the executive bodies and the internal mechanisms of the executive branch. Manuscript profile

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12 - "FIDIC" Dispute Resolution Methods in International Construction Disputes with Emphasis on Model Contracts
Milad Moradian Zazerani Ali Rostami Far Hamid Ghasemi

In recent decades, the International Union of Consulting Engineers (known as "FIDIC") has tried to resolve disputes amicably before referring them to management arbitration by predicting different dispute resolution methods in standard contracts. FIDIC interna More

In recent decades, the International Union of Consulting Engineers (known as "FIDIC") has tried to resolve disputes amicably before referring them to management arbitration by predicting different dispute resolution methods in standard contracts. FIDIC international construction sample contracts, since they have parties with different nationalities, should always be managed effectively so as not to be distrusted by foreign employers and contractors. Therefore, in such contracts, multi-layered dispute resolution and a combination of alternative methods of longitudinal dispute resolution are foreseen. In this research, which was compiled using descriptive and analytical method and citing reliable foreign and domestic sources, the findings of the discussion showed that since 1999, Fidic replaced the dispute resolution role of "Consulting Engineer" with "Dispute Resolution Board" (Sometimes "Dispute Avoidance Board") taking into account the type, quality and economic price of construction projects, as well as the agreement of the parties to the contracts, has tried to provide different and multi-layered models, firstly: to prevent disputes (preventive role) and secondly: disputes manage it in the development stage with special arrangements. Manuscript profile

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13 - Confrontation of Samanid and Buids genealogical thought in the context of political and territorial conflicts; Case study of Ray region
Mina Safa

From the second century AH, with the rise of Iranian dynasties in the political arena, Iranian and archaic tendencies gradually entered the political structure from the cultural sphere, including the efforts of the Samanids and the Buyids to attribute their dynasty to t More

From the second century AH, with the rise of Iranian dynasties in the political arena, Iranian and archaic tendencies gradually entered the political structure from the cultural sphere, including the efforts of the Samanids and the Buyids to attribute their dynasty to the families of ancient kings, nobles and heroes. The choice of such a relative dynasty provided national acceptance in the social context, proving the merit and legitimacy of the regime, and consequently fulfilling many of their goals in the field of cultural, political, and territorial conflicts. The most important manifestation of these tendencies and the means of propagating and introducing the lineage of the ruling system were historical books.In this article, in order to reveal the opposition between the Samanid and Al- Al-Buyid genealogical thought and discourse in the context of political and territorial conflicts, with emphasis on the Ray region, the data related to the genealogical discourse of these dynasties were described and analyzed with a semantic approach. As a result, it became clear that the Samanids and the Buyids dynasty, in their territorial disputes, especially the conflict over the strategic Ray region, used genealogical claims to assert the legitimacy of their sovereignty by proclaiming it in historical texts. Manuscript profile

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14 - A survey of policies of Qajar government against Bakhtiary tribe
ghaffar Porbakhtiar

One of the most important tribes of Iran were Bakhtiari as the source of events and changes namely in contemporary history of Iran and also, the movements of Bakhtiary were emphasized. Their role in Qajar era was of great importance. The great motivation of Bakhtiary tr More

One of the most important tribes of Iran were Bakhtiari as the source of events and changes namely in contemporary history of Iran and also, the movements of Bakhtiary were emphasized. Their role in Qajar era was of great importance. The great motivation of Bakhtiary tribe and its chiefs to achieve power and their fighting against oppression and cruelty of national and local rulers of Qajar were considerable factors. To control Bakhtiary and management of affairs, some policies were taken as making the chiefs of tribes as obedient, dispute, getting tax, ransom, providing a part of military forces of government from Bakhtiary tribe and the policies taken by Qajar kings against Bakhtiary were successful. The internal structure of Bakhtiary tribe as the internal logic of tribe, distinction, separation and lack of communicative-verbal action as cultural elements of Bakhtiary.   Manuscript profile

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15 - A Study of Dispute Resolution Methods in Contracting Contracts by Comparative Study in FIDIC
Alireza mashhadizadeh ali mohri

The dispute resolution methods due to their non-judicial approach can help to resolve disputes quickly and reduce costs in resolving disputes. Dispute resolution methods are a good alternative to inflexible judicial procedures in national courts. The nature of the contr More

The dispute resolution methods due to their non-judicial approach can help to resolve disputes quickly and reduce costs in resolving disputes. Dispute resolution methods are a good alternative to inflexible judicial procedures in national courts. The nature of the contract requires that the dispute be resolved promptly and possibly at the project site. The present descriptive and analytical study seeks to address whether arbitration process can be efficient in general conditions of contract. Also, the present study tries to find out if the application of new methods of dispute resolution board presented in FIDIC sample contracts can be helpful in reducing disputes. The results indicate that the sufficient knowledge of the dispute resolution boards and the continuous presence from the beginning of the project as a new method of dispute resolution has achieved a relatively good result. Manuscript profile

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16 - A Comparative Study of the Effects of the Decline of the Main Case on Mutual Countermeasures in the Laws of Iran and France
Azad Rashid Azarpour Akbar Bashiri

Azad Rashid Azarpour[1] Akbar Bashiri[2]   Abstract: The impact of the decline and the seizure of the main dispute over a cross-appeal is one of the issues discussed and the disagreement in the civil procedure. There may be a major dispute over the length of t More

Azad Rashid Azarpour[1] Akbar Bashiri[2]   Abstract: The impact of the decline and the seizure of the main dispute over a cross-appeal is one of the issues discussed and the disagreement in the civil procedure. There may be a major dispute over the length of the trial due to seizure and detention, what is the point in this regard to what extent is the link that has been created between the main and the reciprocal of the dispute? Therefore, in this research, we will examine the effect of the deconstruction and seizure of the proceedings in the main dispute as to the mutual dispute raised during the main proceedings. Due to the fact that the seizure and the decay of the proceedings to protect the rights of the parties to the lawsuit and the observance of the rights of defense of the parties to the lawsuit are also part of the rules of procedure, the existence of this longing is necessary. The result is that the loss of the main claim may result in the recovery of the claim, the extradition of the petition, the decline of the right, the reconciliation between the parties and the change of court. These cases have been explicitly mentioned by the legislator in French law. [1]- Master of International Trade Law, Maragheh Branch, Islamic Azad University, Maragheh, Iran [2]-Assistant Professor and Faculty Member, International Trade Law, Private Law and International Trade Group, Maragheh, Iran:Corresponding Author Manuscript profile

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17 - The procedure of registration dispute resolution authorities with an approach based on jurisprudence
mehdi soltani Mohammad Mazhari saeid mosavi naser rahbar

10.3495/jiil.2022.1963289.1658

The registration dispute resolution authorities are the exclusive administrative authorities under the Real Estate and Deeds Registration Organization and the Judiciary.The history of the rules and customs related to the registration of documents and real estate in Isla More

The registration dispute resolution authorities are the exclusive administrative authorities under the Real Estate and Deeds Registration Organization and the Judiciary.The history of the rules and customs related to the registration of documents and real estate in Islamic lands goes back to pre-Islamic laws, especially the registration systems of Iran, Rome and Egypt. Due to the issuance of some opinions conflicting with jurisprudence-legal rules in dispute resolution authorities, including special registration laws, the supervisory board and the Supreme Council of Registration doubles the importance of conducting this research.The purpose of writing this article is to examine the jurisprudential-legal challenges of registration dispute resolution authorities. The obtained results indicate that although there are specific methods and procedures in the laws and executive regulations and the guidelines of the dispute resolution authorities, but in practice they do not guarantee the rights and freedoms of the parties. This has caused the authorities to stay away from the proceedings, including the principles and standards of fair proceedings.Therefore, in most cases, the efficiency and effectiveness of some registration dispute resolution authorities has diminished and faced challenges. The conflict between the procedural rules of registered dispute resolution authorities and certain jurisprudential-legal rules such as non-harm, compensation, compensation, hardship and harassment is evident in some cases. Therefore, examining these challenges and finally reaching a solid opinion that causes jurisprudence rules to be questioned, is one of the important necessities of this article. Manuscript profile

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18 - Dispute between Iran and the Ottomans over border points
Bahram Afrasiaby zin abad Monireh kazemi rashed Manouchehr samadivand Masomeh Gharadaghi

Uncertain state of borders between the two countries, clashes between border tribes from the border of Azerbaijan to Khuzestan and the support of Iranian princes to some of their chiefs, the issue of citizenship of some border tribes and the problems caused by their sum More

Uncertain state of borders between the two countries, clashes between border tribes from the border of Azerbaijan to Khuzestan and the support of Iranian princes to some of their chiefs, the issue of citizenship of some border tribes and the problems caused by their summer and winter, Iranian and Ottoman refugees, violent and insulting Ottoman behavior With Iranian pilgrims, Iranian-Ottoman trade issues, the ambiguous political situation in Kurdistan, and Kurdish issues, which are considered major issues in the region. Kurdish tribes sometimes caused chaos and unrest in the border areas. The Iranian Kurds were all at war with the Ottoman Kurds, killing travelers passing through their territory and looting their property. The Ottoman government also always had major problems with the Kurds of its country. In the nineteenth century, with the beginning of the weakening period of the Ottomans, we witnessed numerous Kurdish uprisings against the Ottoman government. The interference of the Russian and British governments in the relations between Iran and the Ottoman Empire was also influential, in the form of an alliance with one government against the other. Manuscript profile

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19 - Consequential and Catalytic Role of Sport in Creating Conditions of Peace Conditions among the States
مهدی محمدی عزیز آبادی رضا التیامی نیا

Abstract In today's world sport has increasing interaction with domestic and international politics and an impression has been made that sport can enhance the level of development, creating the condition of peace and settling disputes. International sport which consist More

Abstract In today's world sport has increasing interaction with domestic and international politics and an impression has been made that sport can enhance the level of development, creating the condition of peace and settling disputes. International sport which consists of governmental and non-governmental agents sometime is considered as suitable topic of diplomatic discussions. The big sport events like Olympic and world cup can bring countries together and lead to close and friendly relations among the countries. In these situations sport diplomacy shows its efficiency and nations can show their friendship, cooperation and close aspect of their relations to each other. The cooperation between the United Nations and international Olympic committees and sport federations particularly FIFA(International Football Federation) can play an effective role in this direction. The finding of the study shows that sports can play a constructive role in international relations particularly prevalence of peace. Nevertheless, in some cases sport has been used to disrupt peace and provoke enmity. The present paper by a descriptive-analytical method and by using library sources wants to examine the above said hypothesis  and answers the related questions. Manuscript profile

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20 - Iran and Central Asia: Chances or Challenges?
Dal Yu

Manuscript profile

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21 - A historical Review of British Role in Iran-Iraqi Dispute on the Shatt-al-Arab Waterway
Aliasghar Zargar

Manuscript profile

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22 - The Effects of the New Cold War on the Process Of Globalization
Seyed Motahareh Hosseini Taleb Ibrahimi Yousef Jafari

Manuscript profile

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23 - The scope and limitations of arbitration in resolving disputes in Iranian law
Yasaman Saeidi Abd A-Reza Jamal Zadeh Ahmad Baqeri

 Arbitration is one of the most important non-judicial methods that is mostly used in jurisprudential texts. In jurisprudence, it is called arbitration and refers to a technique that takes place outside the tense environment of justice and in a friendly environment More

 Arbitration is one of the most important non-judicial methods that is mostly used in jurisprudential texts. In jurisprudence, it is called arbitration and refers to a technique that takes place outside the tense environment of justice and in a friendly environment with cooperation, in the presence of an impartial third party, this person or third parties or the companions themselves voluntarily. Or it is mandatory for the court to decide for them, but the important point is that the verdict issued by a third party is binding on the parties. This is the reason why arbitration is so close to judicial and judicial methods. As a rule, not every civil dispute can be referred to arbitration, as well as disputes that are both related to public order and good morals, as well as claims that the legislator has explicitly mentioned, such as bankruptcy, litigation on the principle of marriage, the principle of divorce and Genealogy cannot be referred to arbitration, which we will address in full in this study. The main purpose of writing this study is to analyze the realm of arbitration in order to identify and expedite the resolution of disputes, as well as its legal consolidation in reducing the costs and litigants' referrals to courts and delays. Of course, the study on the field of arbitration showed that due to the many advantages of non-judicial methods, but it also has many shortcomings and limitations that with the adoption of new laws in accordance with legal rules and standards and amending existing laws may be a clear horizon to develop this The institution promises.    Manuscript profile

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24 - An introduction to the resolution of football disputes in the Iranian and international system
morteza shoaei hojat erab sheybani

10.30495/alr.2022.1957288.2342

 Field and Aims: Football has been commercialized and turned into an industry over time. The importance and global impact of football has led to large investments in this sport, which may lead to disputes. This form of disputes is known as sports disputes, and in t More

 Field and Aims: Football has been commercialized and turned into an industry over time. The importance and global impact of football has led to large investments in this sport, which may lead to disputes. This form of disputes is known as sports disputes, and in the current research, we seek to investigate what is the origin of football disputes. And what methods are foreseen in the Iranian system and the international system to solve it?Method: The present research was carried out using a descriptive-analytical method.Finding and Conclusion: Sports disputes are a type of disputes that refer to professional sports that are directly in the field of sports law and include the rules governing sports, the organization of clubs, establishing discipline in the territory of each sport in order to force Athletes and those involved must obey the decisions and observe the limits and limitations of sports activities and observe the foundation of ethical principles. Sports disputes in the field of football may be criminal or legal (due to civil liability or violation of contractual obligations).In Iran's legal system, there are two ways to resolve sports disputes, one of which is through judicial authorities and the other is through quasi-judicial authorities (self-regulation). Regarding football, according to the provisions of the legal pillar in the constitution of the football federation and also the judgment of the Supreme Court of the country, handling the lawsuit is within the jurisdiction of the judicial pillar of the federation. In the international arena, there are institutions to resolve sports disputes. These authorities include football confederations, FIFA Dispute Resolution Authority and the Court of Arbitration for Sport.  Manuscript profile

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25 - Resolving disputes in the procedure of the International Court of Arbitration for Sport
morteza shoaei

10.30495/alr.2023.1977130.2507

Field and Aims: Dispute resolution through arbitration in the domestic and international arena has revolutionized the dispute resolution system. In the meantime, sports disputes are not excluded from this and an international court has supported this structure. Based on More

Field and Aims: Dispute resolution through arbitration in the domestic and international arena has revolutionized the dispute resolution system. In the meantime, sports disputes are not excluded from this and an international court has supported this structure. Based on this, in this article, we will examine what is the position of dispute resolution in the procedure of the International Court of Arbitration for Sport. Method: This research was carried out in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical manner. Findings and Conclusion: Creating a specialized authority to resolve international disputes and providing a flexible, fast and low-cost procedure led to the formation of the Sports Arbitration Court. From the very beginning of its establishment, it was clear that the jurisdiction of the court should not be imposed on athletes or federations, but should be freely available to the parties. The statutes and regulations of the court have provided only one type of dispute proceedings, regardless of the nature of the dispute. The procedure of the court is first based on compromise, and if no peace is reached, proceedings are carried out in order to issue an arbitration award. In 1994, this structure underwent changes, and these changes included the creation of two arbitration divisions (regular arbitration division and appeal arbitration division) in order to create a clear distinction between exemplary disputes and disputes resulting from a decision taken by a sports body. Also, in the rules of this court, the cases that the court has the jurisdiction to deal with have been enumerated. Manuscript profile

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26 - Efficiency of family dispute resolution system
maede chinisaz seyed mehdi mirdadashi ebrahim delshad

10.30495/alr.2022.1942349.2190

Background and Aim: The family is the fundamental unit of any society, which is the foundation of human society and the main center of growth and excellence of individuals. But like any other institution, it may be affected by fluctuations, conflicts and disputes, which More

Background and Aim: The family is the fundamental unit of any society, which is the foundation of human society and the main center of growth and excellence of individuals. But like any other institution, it may be affected by fluctuations, conflicts and disputes, which due to its special position should try to resolve these disputes in a way that does not harm the valuable position of the family and the moral rules that govern it. .Method: The present study was conducted by descriptive and analytical methods.Findings and Results: The use of out-of-court dispute resolution methods with the focus on arbitration or a combination of these methods with the judicial system (courts) can provide more protection than the judicial system only for the family with And by using the rules and regulations in the international arena, including the models of optimization of the arbitration institution, which are expressed by UNCITRAL and have been evaluated and carefully evaluated in order to make the arbitration institution more efficient, and their localization and adaptation to Domestic culture implemented the best and most efficient arbitration body in resolving family disputes. In addition to benefiting from this valuable and efficient institution, he used other institutions such as family counselors and social workers to root out the differences between couples, their pathology, and to treat and correct abnormal social practices. Manuscript profile

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27 - Parallel arbitration in international trade law and ways out of it with emphasis on jurisprudence
zohreh safavi homami mosa mosavi zenoz seyed baqer mirabbasi

10.30495/alr.2022.1936783.2129

Background and Aim: The case is heard in two or more courts in parallel for various reasons, including the confidentiality of the arbitration process and it is done quickly and at a lower cost. These advantages have led to a serious challenge, which is parallel and mult More

Background and Aim: The case is heard in two or more courts in parallel for various reasons, including the confidentiality of the arbitration process and it is done quickly and at a lower cost. These advantages have led to a serious challenge, which is parallel and multiple handling, which seems to be open to criticism. The arbitration process may be accompanied by another arbitration or simultaneous adjudication in a national or international court.Method: In this article, the authors will explain the subject in a descriptive-analytical manner.Findings and Results: Among the disadvantages of this method are the delay in the proceedings and the increase in costs and the issuance of contradictory verdicts. Parallel litigation can also violate the principle of legal certainty and challenge the validity of arbitration as a form of dispute resolution. The purpose of arbitration is achieved only when it can resolve the dispute between the parties. If, when there is a dispute in the proper examination, a similar or identical claim is under consideration in another arbitral tribunal or there is a possibility that it will be presented in another court, the arbitral tribunal has failed to fulfill its purpose and mission. Manuscript profile

Open Access Article

28 - Enforcement of the Results of Online Alternative Dispute Resolution Methods An Analytical Study on Voluntary Enforcement Strategies
Reza Maboudi Neishabouri SeyedAlireza Rezaee

10.30495/alr.2023.1952988.2297

Background and Purpose: There are ambiguities and legal issues regarding online dispute resolution methods due to their specific characteristics and their occurrence in cyberspace. One of the challenges with these methods is how they enforce,. In addition to insufficien More

Background and Purpose: There are ambiguities and legal issues regarding online dispute resolution methods due to their specific characteristics and their occurrence in cyberspace. One of the challenges with these methods is how they enforce,. In addition to insufficient enforcement support about the results of online dispute resolution in said methods, it should be noted that ODR is often used in e-commerce lawsuits and the main feature of these lawsuits is their high number and low value. Therefore, the use of traditional enforcement methods, which requires resorting to court, is not logical in such cases, and the final documents of ODR should be enforced in accordance with their characteristics and without the need to courts. In this regard, solutions have been adopted in the field of ecommerce that with emphasis to the desire of the parties to maintain their reputation and market share, the results of online dispute resolution enforced by them voluntarily. The mentioned strategies, "Trustmark Scheme", "Rating System", "Blacklisting System" and "Punitive Measures", have been studied and analyzed in this article.Findings and Results: Finally the present study has concluded that to develop ODR, support for strategies to encourage voluntary enforcement of the results of these methods is very important, but this goal can not be achieved without ratifying suitable regulations, because trust is the most important factor in the impact of these methods and to increase the trust of individuals and business actors, appropriate laws should be enacted. Manuscript profile

Open Access Article

29 - Multiplicity of courts and jurisdictions in international trade law and solutions to deal with it
Mir Shahbiz Shafi mahdi delgir

10.30495/alr.2022.1960012.2379

Field and Aims: Proliferation of international tribunals and jurisdictions is a rather new phenomenon that has emerged in international public law, generally and in international trade law, specifically. However, this phenomenon signals preparation on the part of states More

Field and Aims: Proliferation of international tribunals and jurisdictions is a rather new phenomenon that has emerged in international public law, generally and in international trade law, specifically. However, this phenomenon signals preparation on the part of states to use courts and tribunals for settling their disputes peacefully, it may raise problems when courts arrive at divergent or event conflicting rulings in an international legal order that lacks hierarchy. This article aims to address whether proliferation of tribunals and jurisdictions has emerged in international trade law; and if so, what is its consequences for international trade law and which possible solutions may be suggested to deal with its negative consequences.Method: This Research is prepared by a descriptive-analytical method.Finding and Conclusion: Given to reasons for proliferation of tribunals and jurisdictions that are addressed in this article, the answer to the question of emergence of proliferation in international trade law is positive. Thus, the consequences of proliferation in international trade law are presented. Then, in regard with exclusive jurisdiction of World Trade Organization (WTO) for international trade disputes and its exceptions by Free Trade Agreements (FTAs), practical instances of conflicting jurisdictions in international trade law jurisprudence are recognized. Finally, possible tools for solving conflicting jurisdictions between WTO and FTAs disputes settlement mechanisms, and also possible solutions for improvement of cooperative interactions between these mechanisms are suggested. Manuscript profile

Open Access Article

30 - A Think on the Fair Internet Disputes Resolution
Seyyed Kamal Hosseini جواد نیک نژاد

10.30495/alr.2022.1950354.2268

Imbalance power between the parties has been a concern for jurists. This power inequality has a variety of reasons, such as the complexity of the issue, previous and frequent acquaintances with similar cases, and the use of competent lawyers and legal advisers. In this More

Imbalance power between the parties has been a concern for jurists. This power inequality has a variety of reasons, such as the complexity of the issue, previous and frequent acquaintances with similar cases, and the use of competent lawyers and legal advisers. In this study in order to resolve this inequality and imbalance between the parties, attention has been paid to how to apply the principle of due process of law over arbitration in litigation and internet disputes. As a result, due to the lack of free choice and the repetitive role of the actor, this principle requires that the imposition of an arbitration clause be prohibited or restricted before arising disputes as to contracts concluded with consumers. Also, some cases could not be referred to arbitration and should be interpreted in favor of the consumer if there is any ambiguity in the arbitration agreements. The government should provide mechanisms to reduce arbitration costs. The arbitration award must be reasoned and made public. Manuscript profile

Open Access Article

31 - Award validity criteria in national and international arbitration: looking at Iran's international commercial arbitration law
حسین زارع شعار

10.30495/alr.2024.1982760.2545

Field and Aims: Arbitration is an alternative method for conflict resolution, in this way that the resolution of the dispute is entrusted to a person or persons with the consent of the parties. They issue votes. But what is important among these are the criteria that an More

Field and Aims: Arbitration is an alternative method for conflict resolution, in this way that the resolution of the dispute is entrusted to a person or persons with the consent of the parties. They issue votes. But what is important among these are the criteria that an arbitration must consider in order for the vote to be valid.Method: This research was carried out in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical manner.Finding and Conclusion: In order for the arbitrator to be able to issue a valid decision, he must consider the criteria that are provided in the text of the law. In the review of the Civil Procedure Law and the International Commercial Arbitration Law of Iran, these criteria are stated and can be calculated as follows. These cases include maintaining the confidentiality aspect of arbitration, compliance with notification formalities, justification of the decision, eligibility of the parties to the lawsuit and arbitrators, expiry of the arbitration period, non-compliance with legal conditions in the selection of arbitrators, invalidity of the arbitration agreement and non- arbitrariness and non-arbitrability of the dispute. By considering these cases, the arbitrator can issue a valid decision and cancel the preventive decision. Manuscript profile

Open Access Article

32 - Dispute Resolution Mechanism in Construction Contracts of the International Union of Engineers
Milad Moradian Zazerani Ali Rostamifar Hamid Ghasemi

10.30495/alr.2023.1982810.2546

Field and Aims: Dispute resolution in fiduciary contracts are often found in large construction projects to help the parties resolve or avoid their disputes and, ideally, prevent them from turning into international construction arbitration. The special feature of inter More

Field and Aims: Dispute resolution in fiduciary contracts are often found in large construction projects to help the parties resolve or avoid their disputes and, ideally, prevent them from turning into international construction arbitration. The special feature of international construction contracts justifies the need to develop standard methods and international dispute resolution procedures. Therefore, the evolution of dispute resolution mechanisms in international construction projects and the protection of the economic interests of the parties are among the most important concerns of both sides of the construction contract, which is foreseen by the International Union of Consulting Engineers in the sample contracts. The goal is how Fidic has been able to manage it by adopting multi-layered methods to prevent disputes or in the event of disputes.Method: In this research, the descriptive-analytical method was used and the library method was chosen as the method of collecting information and materials.Finding and Conclusion: The findings of the research show that Fidic has tried to be an effective mechanism for quick dispute resolution by providing multi-layer models in sample contracts in terms of the agreement of the parties in choosing one of the dispute resolution methods; But this procedure will be valid only if the parties act in good faith and are willing to implement the decisions made voluntarily. Manuscript profile

Open Access Article

33 - The effect of restorative justice in reducing the cost of litigation in legal systems
Hashem Farhadi Ahmad Shams

10.30495/fed.2022.694725

AbstractToday, the cost of litigation is considered one of the serious obstacles to fair legal proceedings, and in some cases, it has prevented people from accessing civil justice. The annual increase in court costs has made natural and legal persons less able to financ More

AbstractToday, the cost of litigation is considered one of the serious obstacles to fair legal proceedings, and in some cases, it has prevented people from accessing civil justice. The annual increase in court costs has made natural and legal persons less able to financially file lawsuits and exercise their rights traditionally by referring to the judiciary and litigation. This is one of the major challenges for governments in achieving economic, social and civil justice. Because on the one hand, the government is facing an increase in the costs of hardware and software costs such as providing physical space and manpower for the judiciary. On the other hand, increasing lawsuits and the number of lawsuits need to resolve disputes through compromise and arbitration by Out-of-court institutions with a restorative justice approach are inevitable. In our country, Iran, the Dispute Resolution Council as a quasi-judicial institution with a conciliatory approach has played an effective role in reducing the cost of litigation through a fair trial with a restorative justice approach. The present article in three speeches on the impact of restorative justice process and out-of-court institutions in reducing the trial costs are paid. Manuscript profile

Open Access Article

34 - The legitimacy of the Nine-Dash line of the 2009 China Declaration in the South China Sea
seyed fakhrodin mokhtari mohammad ali solhchi mansour pournouri

Abstract:China issued a map to the UN Secretary-General announced the drawing of a Nine Dash Line in the South China Sea, In 2009. This Nine-Dash Line cover's all the main islands of the South China Sea. Also, the method of delimitation with this Nine-Dash Line is such More

Abstract:China issued a map to the UN Secretary-General announced the drawing of a Nine Dash Line in the South China Sea, In 2009. This Nine-Dash Line cover's all the main islands of the South China Sea. Also, the method of delimitation with this Nine-Dash Line is such that it interferes with the Exclusive Economic Zones and the Continental Shelf of other neighbors. This way of drawing lines was not reformed even with China's accession to the Convention on the Law of the Sea (1982). The Philippines as the most affected and protesting country, Claims incompatibility of China's Nine-Dash Line with the United Nations Convention on the Law of the Sea (1982) and considered all Chinese actions contrary to its obligations under this convention. According to this Convention and aimed at resolving disputes, The Philippines submitted its bill and petition to the Arbitral Tribunal pursuant to Annex 7 of the Convention. The summary conclusion of this study is that although the delimitation of borders, including maritime borders, is unilaterally practical in principle, a country cannot introduce itself as a coastal country outside the scope of international law and in areas that overlap with other coastal countries, to draw border lines unilaterally, and it is assumed that the Nine-Dash line drawn by China has no legitimate justification. The method of this research is descriptive-analytical and relying on library resources. Manuscript profile

Open Access Article

35 - Default of appearance before an International Arbitration Tribunal with emphasizing on c China and the Philippines Case
seyed fakhrodin mokhtari mohammad ali solhchi mansour pournouri

Observance of the adversarial principle is associated with that the trial is not conducted in the absence of one parties. On the other hand, observing the interests of the party that has referred to the competent tribunal requires continued consideration and issuance fi More

Observance of the adversarial principle is associated with that the trial is not conducted in the absence of one parties. On the other hand, observing the interests of the party that has referred to the competent tribunal requires continued consideration and issuance final decision. If a country can deprive the jurisdiction from the competent tribunal by not appearing, this will severely undermine the credibility of peaceful dispute resolution. China issued a plan to the UN Secretary-General in 2009 and announced the drawing of a Nine-Dash Line in the South China Sea. The Philippines as the most protesting country, alleges an international dispute over the incompatibility of China's Nine-Dash Line with the United Nations Convention on the Law of the Sea (1982) and on January 22, 2013, citing the provisions of the Convention, it referred its case against China to an arbitration tribunal under Section 7, Chapter 15 of the Convention. China declined to participate in all proceedings because it considered the arbitration tribunal incompetent to hear the dispute. This article intends to examine the validity of the dispute resolution process in the event of default to appear before the competent tribunal. The concise conclusion of this article is that the country absent from the proceedings is still considered as a party to the dispute and mere absence will not cause the deterioration of this position or the loss of competence of the competent tribunal but special tasks are established for the competent tribunal, which are examined in this article. Manuscript profile

Open Access Article

36 - Barriers to Participation of Developing Countries in the WTO's Dispute Settlement System
Dydokht Sadeghi – Haghighi Leila Reisi

Abstract Understanding of the WTO dispute settlement was developed in 1995 and aimed to establish a coherent legal system based on equal access of all member states to the settlement of disputes and make decisions based on rules rather than decision-making by economic More

Abstract Understanding of the WTO dispute settlement was developed in 1995 and aimed to establish a coherent legal system based on equal access of all member states to the settlement of disputes and make decisions based on rules rather than decision-making by economic powers. Over three quarters of WTO members are developing countries, which they have weak economic systems. Therefore, a provision in the understanding as “special and differential treatment” is considered, upon which the concessions were granted to developing countries aimed at creating a favorable context for increased involvement of these countries in the DSB. But to benefit from these advantages and protections granted by dispute settlement mechanisms, the developing countries face problems and challenges that led to their limited participation in this body. This article assumes that the developing countries has failed to benefit from the dispute settlement mechanisms and concludes that there are real political, commercial problems and domestic limits that must be overcome. Manuscript profile

Open Access Article

37 - Iraqi Border Disputes with Its Neighbors Based on the Second Persian Gulf War
Mahmood Seyyed Fatemeh Zare

Abstract     The second Persian Gulf war can be called the first great international crisis after the cold war, which occurred in a sensitive and strategic area between a huge number of international celebrities and Iraq that was invading Kuwait's land. T More

Abstract     The second Persian Gulf war can be called the first great international crisis after the cold war, which occurred in a sensitive and strategic area between a huge number of international celebrities and Iraq that was invading Kuwait's land. The borderline disagreements between Persian Gulf countries comes from countries' fights over the borders and it is considered as strategic developmental and significant goals for Iraq, Kuwait and Khouzestan in Iran. After failure at Khouzestan's experience and its union to Iraq, it was natural for Iraq to go forward to conquer its second goal which was Kuwait. After Iran-Iraq war's cease-fire big concerns surrendered Kuwait and other Persian Gulf countries about developmental politics. Iraq's military powers and having the world's fourth powerful army, financial problems with Arabic countries and Saddam's threats, were the problems which had made the Persian gulf area insecure in that era. On the other hand, the world that had known the Persian Gulf’s area as the heart of world's energy after the cold war, was seeking to determine the destiny of the world's power in this war. The US, after the loss of an equivalent competitor like the Union of Soviet Socialist Republics was trying to prove its new role as new world order in a world that claims to form around only one superpower. The second Persian Gulf war was an ideal chance for America to not only improve its position toward its economic competitors like European Union and Japan, but also to harness the international changes, and as the guardian of Arabic countries that produce oil, from then be able to control the heart beats of world's power and economy and at the end can rise as the world's superpower with no competitor after the second Persian Gulf war. Manuscript profile

Open Access Article

38 - Criminal Mediation in Iranian Law and Imamiyah Jurisprudence
Abbas Shiri Varnamkhasti Alireza Mohammadbeyki

Criminal Mediation in Iranian Law and Imamiyah JurisprudenceAbstractSince the formation of the public justice, the government as the institution responsive to the criminal acts has used formal authoritarian policies. But by the formation of civil society and its effects More

Criminal Mediation in Iranian Law and Imamiyah JurisprudenceAbstractSince the formation of the public justice, the government as the institution responsive to the criminal acts has used formal authoritarian policies. But by the formation of civil society and its effects on criminal law and criminology, this approach has faced with philosophical post-modern criticisms regarding its costs and effectiveness. Meanwhile, realistic managing and economic attitude has resulted in returning to the informal solutions for the disputes while ignoring governing role of the governments and outsourcing some of the duties and authorities all of which characterized by dejudicialization.Adopted approach by the Code of Criminal Procedure 2014 can be considered as the starting point for it to be structured in Iranian criminal law which aside from legal common basics it has also jurisprudential bases.The present research analyzes informal solutions - criminal mediation, in particular - of law as a known and frequently used method and covers its weak points by providing justifications or logical basics. The results of the analyses showed that despite the application of these solutions regarding minor offences (offences of 6, 7, 8 degrees) there is a deep gap to consensual justice to be realized. Nevertheless, the examples of legal reforms are as the indications of policy making for the consensualization of legal procedure and recognition of the basics and logic of informal solutions for solving criminal disputes which can be a starting point for extending the mechanisms of dejudicialization to the offences of higher degrees or non-criminal offences.Key words: dejudicialization, mediation, solving disputes, consensual justice Manuscript profile

Open Access Article

39 - Mechanisms governing the use of online arbitration with an approach to transnational commercial documents
Mehdi Nazemizadeh Mohammad Shamei

The administration of justice within a reasonable period of time can be considered as one of the basic human rights; But in practice, we are witnessing that severe pressure on the judicial system and, as a result, delays in processing cases. The ultimate goal is the eff More

The administration of justice within a reasonable period of time can be considered as one of the basic human rights; But in practice, we are witnessing that severe pressure on the judicial system and, as a result, delays in processing cases. The ultimate goal is the effective resolution of disputes in low-cost and quick ways. One of the effective ways to solve the problem of delay in judicial systems, to speed up and be cost-effective, is to use the arbitration mechanism. Arbitration, in simple language, means resolving disputes outside the court, which has been widely welcomed for the reasons mentioned above. Arbitration, like all areas of modern life, needs to be developed and reconstructed, in line with the progress of science and technology, and in this regard, various laws and special legal systems have been formulated to facilitate the resolution of disputes using online arbitration. In electronic commerce, the arbitration clause is often included in the general terms of the contract, which are requested and accepted by electronic means. Therefore, in assessing the validity of the arbitration clause, the question is raised whether the nature and electronic procedure of the contract actually enables the informed consent of the parties, and whether the arbitration clause that was sent using a computer screen without having a real copy meets the formal and formal requirements of a written document. he does? In this article, the explanation of this issue is mentioned in a descriptive and analytical way. Manuscript profile

Open Access Article

40 - political conflict resolution in the islamic republic of iran on the base of parties and political groups
raof rajayi mohamadjafar javadi arjmand

In recent decades, disputes resolution have gained one of the important fields of study among a wide range of researchers and political activities. In Iran, also, considerable studies and researches have been recently commenced. However, the conducted studies have not g More

In recent decades, disputes resolution have gained one of the important fields of study among a wide range of researchers and political activities. In Iran, also, considerable studies and researches have been recently commenced. However, the conducted studies have not gone beyond old models or adaptation and conceptualization within the national filed. Therefore, referring to the available thesis, books and articles in this filed and using the descriptive- analytic method, the present survey has discussed the role of political parties in disputes resolution. This way, the results indicate that by increasing the analysis skills of individuals through their own training role, as well as monitoring and piercing into power institutions, the political parties facilitate benefits bounding, and decision – making in various government orders. Furthermore, by bounding the requirements of individuals present in power institutions and then coordinating their disperse demands, they facilitate the issuing of a deterministic sentence by government while preparing the Manuscript profile

Open Access Article

41 - Water disputes in Central Asia: the nature, the basics of cooperation models and resolve
farrzad piltan

Water is of particular importance in Central Asia. The countries of this region are located in the arid and semi-arid region in the agricultural areas of the world, respectively.It can be assumed that tensions over water, Central Asia swept the country from moving towar More

Water is of particular importance in Central Asia. The countries of this region are located in the arid and semi-arid region in the agricultural areas of the world, respectively.It can be assumed that tensions over water, Central Asia swept the country from moving towards working together opens.Central Asian countries are seeking to secure water-related issues.Economic development concerns, the need to control ethnic tensions, riots, social and environmental damage and population growth need to manage them more than ever to encourage it. As a result, the prospect of creating such guarantees on the supply of water policy in the region has created. Naturally, these conditions create the potential for cooperation eliminates the use of water resources. It looks like the efforts and experiences of cooperation in the field of water and solve the problems between the Central Asian States in this regard is based on the theory of the neo-liberal Institutionalism be defining. But due to the lack of these arrangements succeed in solving problems and create appropriate cooperation between these countries, substrates can be raised by the foundations with the theory of constructivism more appropriate solutions, including the management of common resources for the establishment of comprehensive cooperation proposal. Manuscript profile

Open Access Article

42 - Application of Alternative Dispute Resolution (ADR) in International Economic Law
morteza karkhaneh Mohammadreza hosseini Mohammadali Solhchi haybatallah najandimanesh

Alternative Dispute Settlement (ADR) phrase is a common term that refers to peaceful and out-of-court dispute settlement. In this way, the parties to the dispute, instead of resorting to the courts, settle their claims by a third party or in a manner they consider appro More

Alternative Dispute Settlement (ADR) phrase is a common term that refers to peaceful and out-of-court dispute settlement. In this way, the parties to the dispute, instead of resorting to the courts, settle their claims by a third party or in a manner they consider appropriate. The most important kinds of this method are: arbitration, negotiation, mediation, conciliation, Amiable Composition, and combinatorial methods. On the other hand, international economic law covers a wide range of areas including financial and banking law, commerce and foreign investment law. The key question of this study is what is the notion of alternative methods? And how we can effective and efficiently the resolving disputes arising from economic law? This study uses a descriptive-analytical method and its results show that the origin of international economic disputes is mainly due to the interpretation or performance of commercial contracts and banking and financial agreements, disputes arising out of expropriation, or deny of services. Because of international economic law subjects are diverse and even include natural persons, disputes are very complex; the parties to the disputes are usually reluctant to refer disputes to state courts and judicial authorities, thus using alternative means to resolve their disputes. Manuscript profile

Open Access Article

43 - The rights of the plaintiff at the first stage of the first instance of civil proceedings )Based on the Imami jurisprudence)
hadi hajian محمدمهدی زارعی Saeid Ebrahimi

Parties to a dispute in the stages of civil proceedings have rights and duties. Based on the provisions and legal materials, the aforementioned legal procedure is divided into three stages: the initial stage, the appeal and the final stage. Each of these stages has sect More

Parties to a dispute in the stages of civil proceedings have rights and duties. Based on the provisions and legal materials, the aforementioned legal procedure is divided into three stages: the initial stage, the appeal and the final stage. Each of these stages has sections in which the parties have rights and powers. The first stage of civil procedures, in turn, consists of four sections: "Until the first session of the legal procedure", "Until the end of the first session of the legal procedure", "Until the end of the negotiations of the parties", and "End of the legal procedure". These departments play an important role in shaping the prosecution. However, due to the wide range of topics, each of these stages can be studied independently. For this purpose, in this research, after presenting the fundamental issues, we studied the first stage: “until the first session of the legal procedure” from the perspective of jurisprudential premises. Given the concept of the aforementioned stage, the research concluded that, based on the jurisprudential premises, the plaintiff enjoys special privileges at this stage. The most prominent rights of the plaintiff at this stage are “to reject the lawsuit” and “to object to the validity of the document.” Therefore, the plaintiff can enjoy his rights by learning about his rights and legal obligations, and this enjoyment is based on the statements and evidence of jurists. Also, based on the rule of discretion and the principle of freedom of will, as well as from the perspective of jurisprudential principles, the plaintiff is free to enjoy the rights proposed at this stage and also in some cases to fulfill his rights in full at the second stage. Manuscript profile

Open Access Article

44 - Investigating the Relationship between Self-Control Strategies, Financial Literacy of Managers and Quality of Decision Making in Process of Financial Issues of Supply Chain of Companies (Case study: companies listed on the Tehran Stock Exchange)
Sedighe Toutian Esfahani Hossein Eslami Mofid Abadi Elahe Barkhordari

The main purpose of this research was to investigate the relationship between self-control strategies, financial literacy and decision-making quality in the in process of financial issues of supply chain of companies listed on the Tehran Stock Exchange. The present rese More

The main purpose of this research was to investigate the relationship between self-control strategies, financial literacy and decision-making quality in the in process of financial issues of supply chain of companies listed on the Tehran Stock Exchange. The present research method is based on the applied purpose and based on data collection, a descriptive-correlational research. The research method is based on the purpose of a descriptive -analytical research, in terms of process is quantitative-qualitative implementation, in terms of implementation result is applied and in terms of time is a cross-sectional research. The research population also includes all active participants in the Tehran Stock Exchange (academic and capital market experts, investors, traders, official brokers of the Iranian Stock Exchange). Due to the unlimited number of statistical populations, 384 statistical samples were selected by simple random sampling method according to Karajsi and Morgan table table. Also, in this research, data collection has been done using library method and field information. Also, the validity of the questionnaire was confirmed by using the views of the supervisor and consultant and some experts in this field and to determine the reliability of the questionnaire, Cronbach's alpha method and its validity was 0.792. In generally, the research results show that there is a significant statistical relationship between self-control strategies financial literacy strategies of managers (money and reserve management, financial and credit management and investment planning) and decision quality in the financial issues of financial issues of supply chain of companies listed on the Tehran Stock Exchange. Manuscript profile

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