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List of Articles
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Open Access Article
1 - Suspension of Criminal Prosecution of a Foreign Investor by Reliance to the International Centre for Settlement of Investment Disputes (ICSID) Arbitration Tribunal’s Provisional Measures
Javad SalehiField and Aims: Reliance to Provisional Measures in the ICSID Arbitration Tribunal to suspend criminal prosecution is a new issue in international investment law. The host state will prosecute a foreign investor after to start investing disputes in the ICSID Arbitration MoreField and Aims: Reliance to Provisional Measures in the ICSID Arbitration Tribunal to suspend criminal prosecution is a new issue in international investment law. The host state will prosecute a foreign investor after to start investing disputes in the ICSID Arbitration Tribunal to prevent from international arbitration. Therefore, the study of different dimensions of this approach is important and one of the aims and subject of this paper. Method: The research method is descriptive-analytical and critical to answer a question by relying on the ICSID Arbitration Tribunal’s procedure. Research question is what are the effect of the ICSID Arbitration Tribunal’s Provisional Measures in denying the host state’s sovereignty in prosecuting a foreign investor? Findings and Conclusion: Research findings show that the imposition of Provisional Measures, acceptance of the investment agreement, reliance of the parties on the international arbitration mechanism before disputes arising to ignore the host state’s sovereignty in prosecuting foreign investors at the same time as the international arbitration begins, so that fair arbitration will be carried out while maintaining equality of arms Manuscript profile -
Open Access Article
2 - The scope of party's obligation in reaching result in renegotiation in international petroleum contracts
ahmadreza asaadinejad abdolhosein shiravi Mehdi Montazer Kourosh jafarpourField and Aims: In long-term oil and gas contracts, in order to avoid the disruption of the contractual balance during the long-term implementation of the contract, the condition of renegotiation is foreseen so that by re-negotiating the conditions and how to implement MoreField and Aims: In long-term oil and gas contracts, in order to avoid the disruption of the contractual balance during the long-term implementation of the contract, the condition of renegotiation is foreseen so that by re-negotiating the conditions and how to implement the contract, the disturbed balance will return to the contract. Although the concept of renegotiation, its structure and dimensions have been examined by other researchers, the question has not been answered that whether the inclusion of a renegotiation clause in oil contracts means obliging the parties to reach an agreement? To put it better, renegotiation is usually a commitment to the means or a commitment to the result?Method: This article is written in a descriptive-analytical way.Findings and Conclusions: The inclusion of renegotiation should not be considered merely a formal and formal act, because the purpose of including such a condition is to restore balance to the contract without the need to refer to the judicial system, so if reaching an agreement is not an obligation for the parties to the contract, basically The inclusion of such a condition lacks binding power and simply becomes a time-consuming and futile act, especially when the parties insist on their positions. The results of the studies of this article show that renegotiation is usually a commitment to the result, and the parties should reach an agreement regarding the dispute between them by resorting to such a condition and by observing the good faith of the contract. Manuscript profile -
Open Access Article
3 - Resolving disputes in the procedure of the International Court of Arbitration for Sport
morteza shoaeiField 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 MoreField 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 -
Open Access Article
4 - A comparative study of the legal system for investigating construction violations in Iran and Singapore
Farbod Nazari Ali DashtiField and Aims: Over the past years, in parallel with the establishment of urban planning and construction regulations, the category of supervision and control over construction activities has been raised. In 1345, under Article 100 of the Municipal Law, a commission wa MoreField and Aims: Over the past years, in parallel with the establishment of urban planning and construction regulations, the category of supervision and control over construction activities has been raised. In 1345, under Article 100 of the Municipal Law, a commission was provided to deal with construction violations. After that, in different historical periods and affected by the social and political conditions of the society, the mentioned article has been modified and added. Based on this, we study the handling of construction violations. Method: This article is written in a descriptive-analytical way. Findings and Conclusion: The number of cases presented in the aforementioned commissions in Iran and the complications in the way of proceedings and the resolution of disputes between individuals and representatives of public power, the need to formulate a new law or at least amend related laws and regulations in the field of monitoring and dealing with violations It makes a building inevitable. This issue has been accurately and widely provided with effective enforcement guarantees and the use of legal levers, including compliance with regulations, demolition, suspension of activity, financial fines and imprisonment in Singapore under the Building Control Law. In addition, the violations of legal entities and government bodies have been taken into consideration and in some cases, the establishment of regulations and the handling of complaints have been placed in the competence of a real person (the minister). Manuscript profile -
Open Access Article
5 - Basics and challenges of determining the law governing international electronic contracts
LAYA bagheri samgh abadi majid safavi saleh yamerliField and Aims: Electronic contracts are a type of contract in which the interaction between the parties in concluding the contract can be done through various electronic tools such as electronic mail, a computer program or by two electronic agents that are programmed t MoreField and Aims: Electronic contracts are a type of contract in which the interaction between the parties in concluding the contract can be done through various electronic tools such as electronic mail, a computer program or by two electronic agents that are programmed to recognize the formation of the contract. But what is important about these contracts is the law governing these contracts, which has become a challenge.Method: The present research was carried out with a descriptive-analytical method.Findings and C onclusions: The basics of electronic contracts include the sovereignty of the will between the parties, speeding up and facilitating the conclusion of the contract, the additionality of the electronic contract, the absence of physical presence, the principle of consent of the electronic contract and its international aspect. The changes resulting from communication and information technology and as a result of the emergence of the phenomenon of virtual space have caused that the former communication factors either do not exist or, if they exist, are not in the same sense as before. As a result, the concept of communication factors such as the time and place of contract conclusion, the place of residence of the parties has been challenged. Manuscript profile -
Open Access Article
6 - Enforcement of the Results of Online Alternative Dispute Resolution Methods An Analytical Study on Voluntary Enforcement Strategies
Reza Maboudi Neishabouri SeyedAlireza RezaeeBackground 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 MoreBackground 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
7 - Civil liability of classification institutions in Iranian law Looking at international court cases
zahra eliasy Masoud shirani dawood nassiranField and Aims: Classification institutions play an important role in relation to the insurable nature of a ship. This issue is referred to as the private duty of rating agencies. Legal systems have a different approach to the issue of civil liability in the above issue MoreField and Aims: Classification institutions play an important role in relation to the insurable nature of a ship. This issue is referred to as the private duty of rating agencies. Legal systems have a different approach to the issue of civil liability in the above issue. On this basis, in this research, we will examine the issue of what is the position of the civil responsibility of classification institutions in Iranian law and international conventions?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: Those who believe that there is no civil responsibility for the classification institutions believe that the institutions only have the duty to provide advice and suggestions and have no guarantee for their performance, and the duty of the institutions is only to provide standards according to legal and international standards, and their compliance is also It is the owner's responsibility. But on the opposite point, the legal systems that gave absolute civil responsibility to institutions considered the duty of said institutions to be more than giving advice, and according to the contractual relationship that exists for institutions, they are like standardization organizations that have the duty of instilling rules and regulations between They know the international rules of work safety at sea and environmental protection. Manuscript profile -
Open Access Article
8 - The legal nature and guarantee of the execution of the Provisional measures of the International Court of Justice in the light of the procedure of the Court and the performance of the countries
mahdiye Ardeshir Moghadam heybatolah Najandi Manesh mohamadali solhchiField and Aims: According to its statute, the International Court of Justice has the authority to issue temporary measures in order to protect the rights of the parties to the dispute and also to prevent the spread and deterioration of the dispute. From the beginning, t MoreField and Aims: According to its statute, the International Court of Justice has the authority to issue temporary measures in order to protect the rights of the parties to the dispute and also to prevent the spread and deterioration of the dispute. From the beginning, these appointments have been faced with different interpretations of the related countries. Some countries considered these appointments non-binding; while others considered them binding. There was some disagreement in doctrine as well. In this article, while examining the legal nature of temporary measures, it has been discussed whether there is an enforceable guarantee in international law for the implementation of temporary measures or not? In addition, what is the procedure of countries in this regard?Method: The present research was carried out with a descriptive-analytical method.Findings and Conclusions: According to the court's procedure, especially in the Lagrand case, the orders of temporary measures of the court are binding. Therefore, the addressee countries of these agreements are legally required to implement them. The agreement is a temporary measure, including the binding decisions of the court, and the countries use different methods to implement it, including unilateral measures, referring to the Security Council, referring to domestic courts, and countermeasures. The guarantee of the implementation of temporary measures is the same as the guarantee of the implementation of international law. Manuscript profile -
Open Access Article
9 - Interest in the banking system with emphasis on compound interest in Iranian laws and international documents
علی دیزجی حسین مهرپور علیرضا مظوم رهنیField and Aims: In the modern financial system, it is accepted that banks operate for profit and interest, and the traditional view that banks are only money trustees is rejected today. Therefore, the issue of bank interest is always considered as a means of earning. In MoreField and Aims: In the modern financial system, it is accepted that banks operate for profit and interest, and the traditional view that banks are only money trustees is rejected today. Therefore, the issue of bank interest is always considered as a means of earning. Income is considered for banks. Although in Islamic banking, interest is considered usury and its receipt is prohibited. Based on this, in this research, we are looking to investigate what is the position of interest and especially compound interest in Iran's banking system and international documents, and do the laws emphasize its validity?Method: This article is written in analytical-descriptive method.Findings and Conclusions: In Article 713 of the Code of Civil Procedure approved in 1939, the lawmaker had explicitly prohibited the claim for damages, and on this basis, during the rule of the said law, the claim for damages for delay in payment or the claim for damages for damages was permissible beyond the uniformity of procedure No. 1458 dated 1327 15/9/2015, apart from damages for delay and litigation damages, the Supreme Court excluded all damages from the scope of Article 713 of the aforementioned law. However, in the Civil Procedure Law approved in 2000, there is no rule prohibiting damages from damages, but the legislator established a new one as described in Note 2. Manuscript profile -
Open Access Article
10 - Iran's Challenges on the rights of child labor according to the international law
Mojdeh Pourmohammad Golzari Nobar Behshid Arfania Maryam Afshari Mostafa Taghizadeh AnsariField and Aims: Children's rights are considered as special examples of human rights, so ignoring this issue leads to violation of human rights from the international aspect and also has irreparable consequences inside the country. Eliminating child labor is not possibl MoreField and Aims: Children's rights are considered as special examples of human rights, so ignoring this issue leads to violation of human rights from the international aspect and also has irreparable consequences inside the country. Eliminating child labor is not possible except with the union of relevant institutions, the guarantee of effective and continuous legal implementation along with the unification of legal rules.Method: This is a qualitative and applied research in terms of purpose, and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically method to examine the challenges of child labor in Iran with a view on international law. Findings and results: The lack of coordination of the responsible institutions and insufficient budget, along with the economic recession caused by Covid-19 and its effects, are among the most important reasons for child labor not being solved in the country. Ambiguity and contradictions in domestic laws by joining international treaties have made this problem more complicated.The approval of the Law on the Protection of Children and Adolescent Rights in 2019 in Iran has been a positive step for coordination with international laws, but in this law, without changing the age of the child in the previous definitions, people under the 18 are protected in specified cases. Therefore, in cases outside the scope of this law, children do not receive the necessary support. Continued reform of laws is necessary for comprehensive protection. Manuscript profile
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