Scientific research
Foreign investment
SANAZ ESHAGHZADEH; Ruholah Akhondi Roshanavand; mohsen hoseinipouya
Abstract
Nowadays, arbitration is the most common method of resolving disputes arising from foreign investment in international trade. The inclusion of an arbitration clause in foreign investment contracts is actually a guarantee for investment protection.Therefore, arbitration and especially the appropriate, ...
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Nowadays, arbitration is the most common method of resolving disputes arising from foreign investment in international trade. The inclusion of an arbitration clause in foreign investment contracts is actually a guarantee for investment protection.Therefore, arbitration and especially the appropriate, new and advanced international commercial arbitration laws and principles in all countries, without exception, can play a significant role in supporting and ultimately increasing foreign investment, and this itself is a proof of the importance and necessity of international commercial arbitration laws, including in the system It is legal in Iran.In this research, we are trying to find out the influence of the principles of international commercial arbitration to attract maximum investment while doing analytical and comparative research.Undoubtedly, by relying on the three basic principles of commercial arbitration, i.e. the principle of limiting the intervention of the courts, the principle of independence and impartiality of the arbitrator, and the principle of non-immunity of the government, the worry and fear of foreign investors regarding the application of unfair laws of a foreign country has been reduced and for the parties of foreign investment, fair proceedings It is brought.Based on this, while theoretically examining the mentioned three principles, we will have a comparative look at the approach of legal systems in line with the application of these principles to support foreign investment.
Original Article
International Sale
nasim barkhi; Ladan Zarrin
Abstract
LNG sell and purchase contacts were common contracts in gas industry and revision and price determination are important issues because of being long term. This article investigate the relationship among system evolution of the price determination with revision condition, effect investigation of global ...
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LNG sell and purchase contacts were common contracts in gas industry and revision and price determination are important issues because of being long term. This article investigate the relationship among system evolution of the price determination with revision condition, effect investigation of global changes such as market liberalization, contagious disease and war on this market.The writer has used the latest articles and books to investigate on the subject and in this way by analytic-descriptive method these conclusion has been achieved:these contracts were traditionally long term and price determination was fixed based, on oil and gas to gas competition, and mixture of gas and oil competition method of gas with gas reflects the market realities. It has been cleared by changing price determination method from oil to gas and wave of revision, this issue has influenced on price revision and recent changes have evolved the market as increase and decrease in demand and influence on prices, the amount of production and investment.
Scientific research
Mohmmad javad Hosseini; Mojtaba Hemmati
Abstract
Participatory democracy is a new type of democracy that emphasizes the public participation of citizens in all public areas of society administration and considers elections as a means to choose rulers as one of the forms of participation. In this type of democracy, the citizens are decision-makers, ...
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Participatory democracy is a new type of democracy that emphasizes the public participation of citizens in all public areas of society administration and considers elections as a means to choose rulers as one of the forms of participation. In this type of democracy, the citizens are decision-makers, and activists in the public administration of the society, along with managers and rulers. they participate in the administration of public affairs through polls, internet comments, elections, referendums, crowdsourcing, law proposals, public budget approvals, policy proposals, etc. This broad participation is manifested in all aspects of life and includes culture, politics, economy and public administration. In this article, in a descriptive-analytical way and by collecting information through a library, the effects of crowdsourcing in economic affairs for the realization and continuation of participatory democracy in the administrative law system of the Islamic Republic of Iran and its challenges and solutions have been discussed. This article conclude that although in recent years, positive and effective steps have been taken for the public participation of citizens from the view point of constitutional law, but from the view point of the administrative law , due to the conflicts between the interests of managers and the people and defects in the cycle and process of crowdsourcing, until the realization of participatory democracy in the fields of Economic, social and cultural, there is a long distance ahead of the Iranian society.
Scientific research
Civil Law (Contracts)
seyed hasan hosseinimoghadam; hossein hamzeh robati
Abstract
Maintaining economic balance in reciprocal contracts is one of the main emphases of contract law. It is common in the reciprocal contracts that the parties take away and void the option of gross fraud from themselves. According to the unanimous verdict No. 821 of the General Board of the Supreme Court, ...
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Maintaining economic balance in reciprocal contracts is one of the main emphases of contract law. It is common in the reciprocal contracts that the parties take away and void the option of gross fraud from themselves. According to the unanimous verdict No. 821 of the General Board of the Supreme Court, depriving the option to evident deception is other than the highest level of fraud, which is traditionally considered "grosser". But one of the substantial challenges that the courts and the claimant of evident deception or grosser fraud also face in dealing with the settlement of the lawsuit arising from lesion, is how to identify evident fraud from the grosser one and its criteria. In Article 417 of the Civil Code, the criterion for identifying lesion has been assigned to customary arbitration. So, if lesion is not negligible according to custom, this lesion is considered gross. Nevertheless, based on the criterion of this article, to distinguish between evident and grosser deception, it is necessary to refer to the governing custom. In addition to the fact that customary arbitration and the absence of specific and detailed criteria cause the courts' personal preferences and ideas to enter into the acceptance or non-acceptance of lesion happened according to the circumstance in the real world, but also customary arbitration and the influence of judges' personal taste in recognizing gross deception and grosser lesion damage the contractual stability and the economic balance of the parties and the contract. Therefore, the customary criterion is one of the most challenging cases in the diagnosis of lesion. On the other hand, by accepting the customary criteria, the question under discussion is whether the customary arbitration is based on generic or subjective criteria? If custom usually differentiates between evident deception and grosser lesion, is it based on the type of people and wise people or based on the type of transactions in normal conditions? If the standard of custom is subjective, Will the criterion of custom for distinction be based on the status of the parties to the contract or the terms and subject matter of the transaction that is alleged to be lesion? According to articles 415, 416, 417 and 418 of the civil law, it seems that the standard of custom should be considered as a combination of a generic standard and a subjective standard in order to draw a realistic standard for distinguishing evident deception and grosser fraud, and in order to maintain the economic balance of the parties, which some people refer to as "present custom".
Scientific research
Seyed Abed Rezaee; Mohammad Vazin Karimian; Zahra Hadizadeh Esfahani
Abstract
1- INTRODUCTIONThe importance of regulation has increased over the past 40 years and this has played a key role in economic growth as well as an important part of social progress; Because currently governments tend to interfere less in providing direct services, as a result, regulation has become a large ...
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1- INTRODUCTIONThe importance of regulation has increased over the past 40 years and this has played a key role in economic growth as well as an important part of social progress; Because currently governments tend to interfere less in providing direct services, as a result, regulation has become a large part of their actions. Currently, governments are increasingly using contractual combinations, laws and other regulatory tools to achieve a wide range of social and economic goals.With the passing of several decades and numerous and various researches, this concept, like other subjects and concepts in the field of human sciences, has undergone changes and transformations; In such a way that all the elements in the previous definition can be questioned and challenged:Is the intervention in the matter of regulation, only in economic affairs and with the appropriate approach in this field?Is the government the only regulatory institution?Are laws and regulations the only regulatory tools and mechanisms?If the answer to all the above questions is no; In this case, what definition of regulation can be provided that is comprehensive in all its points and types?2- PURPOSEThe purpose of the current research is to identify the scientific, conceptual, instrumental and institutional scope in the field of regulation and also to evaluate the articles published in this field.3- METHODOLOGYIn the first step, the theoretical and research literature related to regulation, focusing on: definition, tool, regulatory institution, and also through the lens of different sciences, was carried out in a descriptive-analytical way to get a general outline of the concept of regulatory process. A comprehensive approach should be achieved by considering all its dimensions.In the next step, scientific-research articles published in recent magazines were studied in recent years to be evaluated according to the results of the first step; This stage was done in the way of critical review by examining 43 articles related to the concept of regulation in the period of 2020-2023.4- FINDINGSEvaluation of selected articles showed; Despite the influence of different sciences in the field of regulation, 72% of all articles have benefited from the field of law and 16 articles, i.e. 37% of all articles, have been written with the approach of economics. In 26 articles, i.e. 60% of all articles, regulation is defined as regulation. 29 articles, i.e. 67% of all articles, considered law and regulation as the only regulatory tool. In 37 articles, i.e. 86% of all articles, government institutions are introduced as regulatory bodies.5- CONCLUSIONComprehensive regulation means "the process of developing rules and regularizing public behavior"; That is, the cycle that begins with the identification and definition of regulatory standards, in accordance with the goals of governance, based on the principles, institutions and norms of society; And it is implemented by using innovative tools and mechanisms.As a result, to modify the mechanisms of society administration; Scientific, conceptual, instrumental and institutional transformation in regulation is essential.
Scientific research
International Agreements
Hadi Salehi; Ali Amiri; Artin Jahanshahi
Abstract
International commercial arbitration, as one of the most common alternative dispute resolution methods, has a long history in commercial relations. Environmental challenges and damages have always been a topic of discussion in arbitration tribunals.The rapid development of legislation in the realm of ...
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International commercial arbitration, as one of the most common alternative dispute resolution methods, has a long history in commercial relations. Environmental challenges and damages have always been a topic of discussion in arbitration tribunals.The rapid development of legislation in the realm of environmental protection, particularly regarding climate change, will impact the nature of claims presented by governments and companies active in construction, engineering, and energy sectors, all of which are parties to commercial arbitration. This paper, through descriptive and analytical methods, examines whether commercial arbitration is an appropriate institution for the resolution of environmental disputes. Answering this question requires an examination of the characteristics of commercial arbitration for resolving environmental disputes, including impartiality, enforceability of awards, ease of enforcement, and a flexible procedure that can adapt to the specific dispute at hand. After analyzing the advantages and suitability of the arbitration institution for environmental disputes, the features that diminish the function of the arbitration institution, such as the confidentiality and private nature of commercial arbitration that prevent third parties and the public from accessing dispute contents, will be examined. Transparency, which typically includes the disclosure of documents, holding public sessions, third-party participation in the arbitration process (amicus curiae), and public access to case information, is criticized in the arbitration of such disputes. Moreover, the often confidential nature of commercial arbitration and the absence of a doctrine and legal precedent pose the risk of inconsistent decisions. The result is that due to the flexible structure of commercial arbitration and the ability to customize it compared to dispute resolution in national courts, resolving such disputes quickly and fairly through this means is more logical and efficient.
Original Article
Nasrin Tabatabai Hesari; Ghazaleh Sahranavard
Abstract
Abstract:The increase in the value of digital assets has raised new issues, including the possibility of using these assets as security; So it is necessary to set special rules for them. In Iranian economy, the development of digital assets and their acceptance as security by institutions parallel to ...
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Abstract:The increase in the value of digital assets has raised new issues, including the possibility of using these assets as security; So it is necessary to set special rules for them. In Iranian economy, the development of digital assets and their acceptance as security by institutions parallel to the banking system in practice, makes it necessary to pay attention to this issue and determine its rules and legal effects in legal system. The issue is, using digital assets as security faces with which obstacles and under which formal and substantive conditions occurs?This research with an analytical-comparative approach has reached the conclusion that the opinion of the proponents of using digital assets as security is superior, because it is in line with the principle of freedom of contracting and strengthens the principle of ownership and its efficiency, and it will increase safety of transactions and facilitate commercialization of these assets.Despite the differences in national laws regarding the formal and substantive conditions for using digital assets as security, the point of view that the creation of the security right depends on the conclusion of a written contract and its perfection is subject to registration, is more compliant with legal principles. It seems that according to the principle of consensuality of contracts in Iranian law, the security right in digital assets creates by the agreement of the parties and it will be effective against third party by registering security right in the comprehensive registration entity (listed in Article 9 of the Production and Infrastructure Financing Law), also this system has deficiencies that need to be resolved.
Scientific research
contracts
Mohammad Javad Abdollahi; MOHAMMAD Karimi
Abstract
The ICSID Convention in the settlement of investment disputes for several reasons does not provide a definition of investment contracts, which has caused the judicial procedure in many international investment arbitration cases to try to explain the limitations related to the confirmation of investment ...
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The ICSID Convention in the settlement of investment disputes for several reasons does not provide a definition of investment contracts, which has caused the judicial procedure in many international investment arbitration cases to try to explain the limitations related to the confirmation of investment contracts. In this direction, the criterion "assistance to the economic development of the host government" has been considered as the most controversial criterion among arbitral tribunals. Why this criterion could not be uniformly applied in international arbitration courts and how to prevent its removal in the arbitration procedure is the subject of the analysis presented in this research. The material presented in this research, which was conducted with the method of reading books and survey tools, shows that in facing the With numerous problems related to this standard, it is necessary to pay attention to new investment methods and adopt a flexible approach to fulfill the requirements.
Scientific research
mohsen alijani; Mohammad Hadi Jvaherkalam
Abstract
In an analytical and descriptive method, article 1 of the mandatory formal registration of immovable properties has been discussed from economical and legal point of view. The main object was explanation of Legal acts which must register at electronic registration system of documents and the sanctions ...
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In an analytical and descriptive method, article 1 of the mandatory formal registration of immovable properties has been discussed from economical and legal point of view. The main object was explanation of Legal acts which must register at electronic registration system of documents and the sanctions of non-registered contracts. economical basics(ex ante) of that article and its rules and effects economic justification (ex past) has been discussed.conclusion is that although The legislator has not clarified the performance guarantee on non-registered contracts and just specified some sanctions such as :rejection of hear the lawsuit about proof and enforcement of the contract, eviction from the property, invalidation of the document, specific performance, criminal compliance, But it seems that an informal contract about immovable properties is invalid and the fact that the only acceptable claim is restitution of considerations means that the contract is invalid. In addition to, analysis of the effects of termination of the first contract on the next contracts show that it's economically justified and is according to the most principles of economic analysis.
Original Article
ariyan ghassemi; alireza mohseny
Abstract
Today, financial law scholars consider taxes and tax policies to be extremely important and vital in a country's economy. Having a functional and successful tax system can steer a country towards development and minimize economic and social problems. This tax system is always subject to the macroeconomic ...
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Today, financial law scholars consider taxes and tax policies to be extremely important and vital in a country's economy. Having a functional and successful tax system can steer a country towards development and minimize economic and social problems. This tax system is always subject to the macroeconomic policies of the ruling power, and the government resorts to a tool called law to enforce these policies.In this research, by collecting resources through library-internet methods and by analysis and description, Afghanistan's tax system has been examined from beginning to end in the laws and regulations of tax principles. However, the main question is: what challenges does Afghanistan's tax system face in light of tax principles as a criterion? On the other hand, if it is assumed that despite adhering to some tax principles, Afghanistan's tax system is still not transparent and accountable and cannot cover the enormous public expenses through taxes, it must be said that what causes problems in the collection and enforcement of tax regulations is the ambiguity and multiplicity of tax regulations. Furthermore, the lack of specialists and budget has prevented the government from creating an electronic system for tax calculations and banking. Therefore, precise oversight and control over tax collection methods do not occur, which leads to widespread tax evasion, collusion, non-payment, and concealment of income. These factors have led to the emergence of tax challenges and damages in the tax system. By creating an electronic system, precise and easy monitoring of tax collection and enforcement, raising public awareness of tax matters, preventing tax evasion, and increasing customs tariffs on imported products, the desired outcome of the tax system can be achieved.
Original Article
Social Security Rights
Mojtaba Ghasemi; ahmad panjeh por
Abstract
Pension funds play a vital and critical role in financing consumption in the retirement era in modern economies. In their maturity process, they accumulate assets from collected payrolls of members to make them able to cover part of their liabilities in the future from the returns of these assets. Civil ...
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Pension funds play a vital and critical role in financing consumption in the retirement era in modern economies. In their maturity process, they accumulate assets from collected payrolls of members to make them able to cover part of their liabilities in the future from the returns of these assets. Civil Servants Pension Fund (CSPF) is one of Iran’s first and largest Pension funds. It has many active corporations in various sectors of Iran's economy. Regarding the bold role of the state in the administration of this pension fund, many (such as courts) think that corporations belonging to CSPF are state-owned. This paper purports to investigate the legal nature of these corporations from both realist and formalist perspectives. Findings show that these corporations are private, which has important implications for their relations with other persons, either natural or legal. We can extend this result to other similar pension funds in Iran.
Scientific research
International Economic Law
roxana niknami
Abstract
Sanctions have become one of the primary foreign policy tools of the European Union, aimed at maintaining international peace, security, and promoting values such as human rights and democracy. However, these measures often face significant legal and enforcement challenges. This article examines the ...
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Sanctions have become one of the primary foreign policy tools of the European Union, aimed at maintaining international peace, security, and promoting values such as human rights and democracy. However, these measures often face significant legal and enforcement challenges. This article examines the EU’s sanctions framework through the lens of normative power theory, addressing the key research question: "what is the normative legitimacy found of EU sanctions, and how are they enforced both domestically and internationally while managing related legal challenges?" The central hypothesis is that the EU, as a normative power, utilizes sanctions not only as political pressure tools but also as instruments to promote core values such as human rights and democracy. Nevertheless, these sanctions encounter substantial legal challenges on the international stage. The methodology involves legal-normative analysis to assess the legal basis of sanctions within the Common Foreign and Security Policy (CFSP). The findings reveal that while EU sanctions are largely effective in aligning with and promoting international norms, they face significant legal and procedural issues. These include challenges related to the proportionality and human rights impacts of sanctions, inconsistencies in enforcement across member states, and difficulties in achieving compliance with international legal standards. The study concludes that addressing these shortcomings is crucial for enhancing the effectiveness and legitimacy of EU sanctions, and it calls for reforms to better balance strategic objectives with legal and ethical considerations.
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