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List of Articles
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Open Access Article
1 - The approach of incompetence in Negotiable Instruments (study of Iranian law with a view to British law and international documents)
Mohammad Shokri Ibrahim TaghizadeThe use of negotiation instruments economic, banking and commercial relations is common. Therefore, the legal issues of these documents are of special importance in resolving incidental disputes. Transactions related to negotiation instruments (bills, promissory notes a MoreThe use of negotiation instruments economic, banking and commercial relations is common. Therefore, the legal issues of these documents are of special importance in resolving incidental disputes. Transactions related to negotiation instruments (bills, promissory notes and check) include issuance, endorsement, guarantee and acceptance of bills due to the voluntary nature of the legal action and based on the reciprocity of the contractual nature; therefore, capacity is necessary. Considering the necessity of processing the existing legal gaps in Iran's legal system, the present article, using the descriptive-analytical method, examines the issue in Iranian law with a view to English law and the international conventions of Geneva and UNCITRAL. According to the general rules, the parties must have the capacity, the capacity has two types of Capacity (sui juris)" and " Executive capacity". Incompetence as one of the conditions of the legal approach leads to invalidity or lack of influence. This effect is sometimes different from other transactions in negotiation instruments in terms of the specific features that govern them. In addition to the two mentioned cases, a third type called commercial qualification in the laws of some countries and as a result, some opinions have been considered necessary, which, due to the lack of the latter case in the relevant laws of Iran, does not have a legal place in the transactions of negotiation instruments. Manuscript profile -
Open Access Article
2 - Inadequacies of Conservatory Measures in International Arbitration Institutions
MARYAM Ghalibafan Ahmad Shams Ahad BagherzadehField and Aims: In the current environment of international arbitration, the increasing importance of material and intellectual property and properties can be seen, which can easily lose their value if abused by one of the parties. In many cases, the delay or prolongati MoreField and Aims: In the current environment of international arbitration, the increasing importance of material and intellectual property and properties can be seen, which can easily lose their value if abused by one of the parties. In many cases, the delay or prolongation of arbitration causes heavy and sometimes irreparable damages to the claimant. In addition, in some lawsuits, the issue is so important for the claimant that it becomes urgent to determine the decision. This issue has led to an increase in the demand of individuals for precautionary measures so that by preserving and guaranteeing the issues under arbitration, the arbitration process does not become ineffective, and as a result, the parties do not suffer damages. Most international arbitration rules recognize the power of arbitrators to issue precautionary measures. In this regard, the present research aims to examine the regulations of International arbitration institutions such as the ICC arbitration court, WIPO Arbitration Center, PCA, ICSID Arbitration Center, and the CAS regarding the adoption of precautionary measures before and after the formation of the arbitral tribunal and finally examine the inadequacies and problems in the enforcement of precautionary measures and think of solutions for them as much as possible. Method: This research was done using descriptive analytical method. Finding and Conclusion: However, the adoption of these measures faces problems, the most important of which is deciding on precautionary measures before forming an arbitral tribunal. Manuscript profile -
Open Access Article
3 - The International Obligations and Responsibility of States for Access to Treatment and Vaccines for Emerging Global Diseases; Study Case: Covid-19
shahin Mozaheri Jebeli mohsen mohebi mohamadreza alipoorField and Aims: International responsibility, as one of the most basic international legal institutions, creates rights and obligations for members of the international community, especially governments, which provides the basis for the establishment of the rule of law MoreField and Aims: International responsibility, as one of the most basic international legal institutions, creates rights and obligations for members of the international community, especially governments, which provides the basis for the establishment of the rule of law in the international community. In this regard, he first discussed the nature of human rights, the right to access medicine and vaccines, and examined the obligations and role of international community cooperation in dealing with and controlling global diseases, including Covid-19, and then examined the international responsibility of governments towards Violation of obligations related to access to treatment and vaccines for global diseases for people under their sovereign authority has been discussed and subsequently the international responsibility of governments in the field of dealing with newly emerging diseases, including Covid-19, is discussed. Method: The present research has been scrutinized, analyzed, and investigated using a descriptive and analytical method based on documentary studies with a survey tool. Findings and Conclusion: International Health Regulations (2005) along with some rules of the Agreement on the Application of Sanitary and Phytosanitary Measures (1994), the core of the obligations between international organization of governments to control and deal with global diseases, including covid-19, and on the other hand, paying attention to the importance of the cooperation of governments in dealing with global diseases, commitment It is against the international community and neglect and negligence on the part of the governments in this field, including treatment, Manuscript profile -
Open Access Article
4 - The role of Interpol surveillance networks in curbing transnational terrorism
azar alinejadField and Aims: The spread of terrorism outside the borders of countries led to the formation of a type of terrorism, known as transnational terrorism. Today, the development and advancement of communication and information technologies and the use of them by terrorist MoreField and Aims: The spread of terrorism outside the borders of countries led to the formation of a type of terrorism, known as transnational terrorism. Today, the development and advancement of communication and information technologies and the use of them by terrorist organizations and individuals has created a situation were dealing with this form of terrorism has become a new challenge at the international level, and numerous international organizations and institutions has also involved the international community in this confrontation and providing effective solutions. Interpol is one of the organizations that, by having supervisory institutions at the international level, can take effective measures in the field of curbing this form of terrorism, Method: This article is written in a descriptive-analytical way. Findings and results: The findings indicate that terrorist groups with goals, activities and organizational forms that are beyond their origin can be called "transnational". Therefore, terrorists can be transnational in three ways: goals, actions and organizational form. In dealing with the transnational terrorism network, Interpol has adopted methods that include: a- Identifying suspected terrorists; b- Preventing the travel of people suspected of terrorist activities; C- tracing the financial resources of terrorists; T- The use of two monitoring networks including the mobile network database and the fixed network database. Interpol member states that have adopted the connection to mobile and fixed networks and have also used it to screen people and documents at border crossings and other key points, Manuscript profile -
Open Access Article
5 - The nature and legal dimensions of the assignment of upstream oil contracts with a view to the IPC contract
Ahmad Panjeh pour Mohammad Hossein ZareiOne of the important processes in oil upstream contracts is a process called assignment. In general, there are three types of upstream contracts: the first category is risk service contracts, the second category is production participation contracts, and the third categ MoreOne of the important processes in oil upstream contracts is a process called assignment. In general, there are three types of upstream contracts: the first category is risk service contracts, the second category is production participation contracts, and the third category is concession contracts. In addition to this, IPC contracts have been considered as Iran's new oil contracts. Based on this, in this research, we are going to examine what are the legal dimensions of the assignment of upstream oil contracts? And we will examine this by looking at the IPC contracts.Assignment in upstream oil and gas contracts means the selection of the contractor, and the conditions stipulated in these contracts are very important for the parties to the contract, especially the country that owns the reservoir. The approach of the countries to hand over the field to the companies to carry out oil operations is based on the license system, and based on the said license, all the oil produced from the field is considered to belong to the license holder. There are two major approaches in concluding oil contracts and assigning them, which are the direct negotiation approach and the approach of holding tenders/auctions. The principles of the upstream contract assignment can be considered to comply with environmental considerations, maintain the government's sovereignty and ownership of oil resources, and respect the rights and National interests in the course of upstream oil operations. Manuscript profile -
Open Access Article
6 - Effectively dealing with international crimes in the light of expansionInternational Criminal Court and Interpol cooperation
Ataallah Salehi Omid Mohammadi NiaField and Aims: The growth of international crimes is an important factor against international security. However, consensus on the seriousness and danger of these crimes has always become an important challenge among governments, and this has made dealing with these cr MoreField and Aims: The growth of international crimes is an important factor against international security. However, consensus on the seriousness and danger of these crimes has always become an important challenge among governments, and this has made dealing with these crimes difficult. In this regard, various international organizations such as the International Criminal Court and Interpol have been established by governments to deal with international crimes, and their relationships and limits of cooperation are the challenge of this research. Method: This article is written in a descriptive-analytical way. Finding and Conclusion: Although there are many international crimes in the international arena and governments face challenges in facing them, not necessarily all of them were considered by the founders in the process of establishing the International Criminal Court. In addition, what challenges the investigation and prosecution of the crimes committed by the International Criminal Court are the jurisdictional limitations of this court, which include subject, time, place, supplementary and personal jurisdiction. Meanwhile, the role of Interpol in dealing with international crimes is expanding. Although the governments have not reached a consensus regarding international crimes, Interpol does not face the limitations of the International Criminal Court in prosecuting many crimes and has the possibility of prosecuting many crimes contrary to the International Criminal Court. Although the scope of activities of Interpol and the International Criminal Court are not the same, they can take important measures in order to deal with international crimes in the same common scope. Manuscript profile -
Open Access Article
7 - Requirements Resulting from the Recommendations of the Basel Committee on Banking Supervision Regarding Cryptocurrencies
bahar babaei sadegh salimi سوده شاملوCrypto assets are one of the new phenomena of the present age, which, considering its history of less than a decade, has found a significant place in financial exchanges. This phenomenon, like all human evolutions, has positive and negative features, which only paying a MoreCrypto assets are one of the new phenomena of the present age, which, considering its history of less than a decade, has found a significant place in financial exchanges. This phenomenon, like all human evolutions, has positive and negative features, which only paying attention to its functional appeal and neglecting some destructive features can cause irreparable damage. Considering the fact that the entry of banks into this field is inevitable, the Basel Committee on Banking Supervision has taken steps to introduce precautionary recommendations and supervisory measures in order to protect the banking system and global financial stability. In response to the question of what requirements the Basel Committee has imposed on states in relation to crypto assets, this paper has undertaken to review the actions and documents of the committee in a descriptive-analytical way. What emerges from the analysis of the committee's documents is that the committee has clarified the precautionary standards for a certain group of crypto assets that have stable processes based on links with traditional assets, and the rest of the crypto assets have been left out of the scope of attention. Manuscript profile
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