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Author(s): 

Maghsoudi Reza

Issue Info: 
  • Year: 

    2021
  • Volume: 

    85
  • Issue: 

    116
  • Pages: 

    335-357
Measures: 
  • Citations: 

    0
  • Views: 

    61
  • Downloads: 

    4
Abstract: 

Abstract: A judgment issued by a foreign country has been recognized and enforced if originating court has jurisdiction for hear the matter. This jurisdiction has been evaluated on the base of rules of addressed country. The key question is what are the criteria for accepting the jurisdiction of a foreign court at the voting stage? Some countries have jurisdiction over a foreign court, such as a domestic court. Others, by limiting the scope of jurisdiction of a foreign court, accept the jurisdiction of a foreign court only on the basis of strict criteria.. In Iranian law, only the exclusive jurisdiction of the Iranian court is considered as an impediment for recognition of foreign judgments. The need to meet the legitimate expectations of private individuals and to provide predictability in cross-border relations requires that the jurisdiction of a foreign court be defined as in the 2019 Hague Convention and that litigants be assured of the condition of recognition in other countries before the trial begins. The lack of uniform jurisdiction rules among countries to recognize foreign court judgments undermines the efficiency and usefulness of international litigation and makes it impossible for free movement of judgments between countries. The need to meet the legitimate expectations of private individuals and to create predictability in cross-border relations requires that cases of jurisdiction of a foreign court be specified and that litigants ensure that this condition is met in other countries before a trial can begin.

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Journal: 

ADMINISTRATIVE LAW

Issue Info: 
  • Year: 

    2024
  • Volume: 

    11
  • Issue: 

    37
  • Pages: 

    87-105
Measures: 
  • Citations: 

    0
  • Views: 

    34
  • Downloads: 

    6
Abstract: 

Article 173 of the Constitution stipulates the competence of the "people" in the position of plaintiff in the Court of Administrative Justice, and the opposition between the word government and the people in this principle indicates the generality and application of the word people Against the government. However, since a number of people living in the country do not have Iranian citizenship, but they have daily interactions with the government and in some cases they inevitably need justice, this question is raised whether foreigners are included in the conceptual circle of the people, Are they entitled to Article 173 of the Constitution? According to the issues raised in this article and by analyzing international documents and legal analysis of the principles of the Constitution and ordinary laws, as well as the procedure of the Court of Justice can be acknowledged, Not only that, none of the domestic laws has deprived the right to a fair trial in a special administrative court and their jurisdiction to be a plaintiff in the Court of Justice, Rather, all the above confirmations, according to the principles of the principles of jurisprudence, indicate the application of the word "people" And foreign nationals will not be formally barred or restricted from entering the applicant.  Notwithstanding the above details, paragraph A of Article 18 of the Code of Judicial Procedure of the Court of Justice deems it necessary to include a national code in the submission of a petition to the Court, which is a legal obstacle to receiving a citizen's petition.

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Author(s): 

Taghipour Darzi Naghibi Mohammadhossein | Soleimani Andarvar Ali

Issue Info: 
  • Year: 

    2022
  • Volume: 

    13
  • Issue: 

    2
  • Pages: 

    493-514
Measures: 
  • Citations: 

    0
  • Views: 

    115
  • Downloads: 

    28
Abstract: 

One of the topics of private international law, which is constantly increasing in importance due to the development of political and economic relations between countries at the international level, is the need to identify and enforce judgments issued by foreign courts. The Hague Conference on Private International Law has adopted The Hague Convention 2019 to standardize the rules governing the recognition and enforcement of foreign judgments. In Iranian law, the conditions for recognition and enforcement of foreign judgments are stated in the Civil Judgments Execution Law. However, harmonizing the rules on the issue with international standards can promote effective access to justice, trade facilitation, and cross-border investment. Therefore, the present study aims to investigate the possibility, necessity, and effects of the adoption of the 2019 Hague Convention Judgments in Iranian law, considering the similarities and differences between the two in terms of territory, conditions, and obstacles to identifying and enforcing foreign Judgments. By combining the two, take a step towards the legal development of the country. Studies have shown that the flexibility of the rules and regulations of the Convention has facilitated Iran's accession to the Convention, and the political and economic effects of accession to the Convention have necessitated its ratification in Iran. There are many similarities between the two in terms of conditions and aspects of refusing to recognize and enforce foreign judgments.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    84
  • Issue: 

    110
  • Pages: 

    167-188
Measures: 
  • Citations: 

    0
  • Views: 

    415
  • Downloads: 

    0
Abstract: 

If an agreement of the choice of court or choice of forum clause in international private law has legal effect, it may grant exclusive jurisdiction to the chosen court, and disqualified from the courts of other countries, unless agreed to be the chosen court is non-exclusive. Judgment of chosen court in another country shall be recognized or enforced if such agreement is valid under the law of the court that hearing the request of recognition and enforcement of foreign judgment. The method of this article is analytical-descriptive and its result shows that such an agreement is generally neither contrary to public judicial policy nor contrary to the rules of internal civil procedure in determining the jurisdiction of courts, unless the agreement is not valid in terms of law (unlawful), such as the choice of court agreement is the case in the exclusive jurisdiction of another courts of country. Also if this agreement has been concluded by fraud or fraudulently or unfairly is not valid. Plus, if the chosen court of the two parties is not related to the elements of the dispute, the court can, due to the lack of a reasonable and legitimate interest and to avoid imposing court costs on its respective country, does not consider such jurisdiction valid and refuses to hear the case; But if the judgment is issued, recognition and enforcement it in abroad, it depends on the court's opinion of the legitimacy of this type of agreement.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    13
  • Issue: 

    1
  • Pages: 

    339-368
Measures: 
  • Citations: 

    0
  • Views: 

    233
  • Downloads: 

    22
Abstract: 

The present study was conducted by examining the views of relevant experts and their exposure to child labor in Shiraz. Data were obtained through in-depth interviews and analyzed based on grounded theory. Ten axial categories and one core category were extracted from the coding process. The core category was developed under the title of "institutional passivity and sectoralism". The results of the research showed that the causal conditions such as incompatibility and institutional and managerial confusion, diversity of perspectives to the phenomenon of child labor and non-governmental organizations and indifference towards child labor has caused the emergence of this phenomenon. Intervening conditions include: negative representation and conflicting media activities, Inhibition of some domestic and international rules and laws and child labor of nationals and the problem of identification and identity. This central phenomenon is located in special conditions and contexts due to family pressure and starting the work process in childhood, child labor as an income generating industry, child labor as a source of financial support for the family and the unique opportunity for working children, and Shiraz's oppurtunities for immigrants. The type of encounter with working children in Shiraz has caused numerous consequences that can be seen Unreasonable increase of child labor of nationals, Failure to contain and control the problem of working children, lack of proper organization and social support of working children, Anonymity of working children and persuasion and encouragement of nationals to immigrate to Shiraz.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    4
  • Issue: 

    7
  • Pages: 

    51-64
Measures: 
  • Citations: 

    0
  • Views: 

    65
  • Downloads: 

    17
Abstract: 

In some cases, to discover the facts, foreign arbitral tribunals need to obtain evidence from third parties located outside the arbitral tribunal's seat and in another country's territory. Sometimes due to the lack of general jurisdiction and authority, they have to use the judicial assistance of the national courts of foreign countries. In many advanced legal systems, including the American legal system, this authority is provided for the courts to assist the international arbitral tribunals in providing evidence to foreign arbitral tribunals to obtain evidence, including testimony and submission of documents, judicial assistance and acceptance of representation. The present study aims to answer these questions with a descriptive-analytical method, judicial assistance of national courts in acquiring evidence for foreign arbitration courts and accepting judicial representation based on which legal rules are possible. Moreover, based on international commercial arbitration law, do the national courts of Iran have the possibility of providing judicial assistance and accepting judicial representation in acquiring evidence from arbitration courts whose headquarters are outside the country's territorial territory? Since in most countries, the discourse of arbitration involves two distinct systems consisting of domestic and international arbitration, in this study, only the International Commercial Arbitration Law was approved in 1376, and the international arbitration rules of some countries have been discussed. The provisions of domestic arbitration, except for a cursory glance, are ignored in the second part so that the field of research stays in the international arbitration system.

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Author(s): 

alipoor ghooshchi salman

Issue Info: 
  • Year: 

    2023
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    244-265
Measures: 
  • Citations: 

    0
  • Views: 

    287
  • Downloads: 

    23
Abstract: 

In 1974, the Supreme Court of Iran brought foreign currency into the category of money and made the delay in its payment subject to the 12% rate of Damages for late payment stipulated in Article 719 of the Civil Procedure code approved in 1939. In this article, the mentioned Unification Judgment Decision has been analyzed in a descriptive and analytical way, and by examining the issue, it seems that, considering the difference between currency and money, the Supreme Court has taken a wrong path, because, currency is considered as the goods in domestic legal relations and it is exchanged for money. People's different goals in acquiring currency and its use are also different from using money. As a result, applying a fixed rate for late payment does not entail applying the same rate for currency. In the current situation, the legislator that it is confused the issue of Damages with reduction in the value of money, the Unification Judgment Decision has been criticized is invalid based on abrogation of article 719 and the non-provide its provisions in the new civil procedure code and especially because in the new code, the official inflation rate and price change index for The assessment of the responsibility for reduction in the value of money has been approved on the fact that it is only "calculable" in terms of money. This does not mean that no damages can be paid for the delay in the payment of the currency, but it seems like the Damages for late payment of money, the provision can be claimed by proving the legal conditions for claiming damages.

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Author(s): 

Bagheri Dolatabadi Ali

Issue Info: 
  • Year: 

    2023
  • Volume: 

    23
  • Issue: 

    1
  • Pages: 

    253-278
Measures: 
  • Citations: 

    0
  • Views: 

    126
  • Downloads: 

    10
Abstract: 

Studying Iran's foreign policy is one of the most interesting topics among the people and the academic community. This behavior is not specific to Iranians and can, also, be seen among other foreign researchers concerning Iran's foreign policy. Luciano Zaccara is one of the authors who has surpassed her counterparts in addressing this issue and has edited a book on the “Foreign Policy of Iran under President Hassan Rouhani’s First Term”. The lack of translation of the book into Persian encouraged the author to introduce the work and critique it in terms of content and form. What makes the book prominent is the participation of some well-known authors in writing the chapters, addressing some areas that have received less attention in Iranian research, such as relations with Africa and the pathology of Hassan Rouhani's foreign policy. Lack of theoretical framework for the discussions, incoherence between the contents of the chapters, and ignoring the scientific neutrality by some authors of the book are among the weaknesses of the work.

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Author(s): 

RAMAZANI GHAVAMABADI MOHAMMAD HOSSEIN | FARROKHI RAHMAT ALLAH | JAVADI SHARIF KHADIJEH

Issue Info: 
  • Year: 

    2013
  • Volume: 

    -
  • Issue: 

    48
  • Pages: 

    65-100
Measures: 
  • Citations: 

    0
  • Views: 

    1128
  • Downloads: 

    0
Abstract: 

On 3 February 2012, the International Court of Justice (ICJ) reached to conclusion in the Jurisdictional Immunity of the State (the case of Germany versus Italy). This recourse as stated by Germany in its application was the only remedy available to Germany in its quest to put a halt to the unlawful practice of the Italian courts, which infringed its sovereign rights by repeatedly disregarding the jurisdictional immunity of Germany as a sovereign State. In this judgement, the ICJ studied several aspects of the customary rule of state immunity and stated that the Italian Republic has violated its obligations to respect the immunity which the Federal Republic of Germany enjoys under international law by allowing civil claims to be brought against it based on violations of international humanitarian law committed by the German Reich, taking measures of constraint against German State property situated in Italian territory (Villa Vigoni) and declaring enforceable in Italy decisions of Greek courts based on violations of international humanitarian law committed in Greece by the German Reich. This article tries to discuss the various aspects of this judgement from a critical viewpoint.

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Author(s): 

AZIZI SATTAR

Journal: 

PUBLIC LAW RESEARCH

Issue Info: 
  • Year: 

    2011
  • Volume: 

    13
  • Issue: 

    33
  • Pages: 

    165-196
Measures: 
  • Citations: 

    2
  • Views: 

    1574
  • Downloads: 

    0
Abstract: 

In traditional international Law, if the rebels could take over an important part of the country, other states should assist none of the parties of conflict, and if the level of involvement promoted to the conflict, ie the rebels could control over the country as equal or even beyond the government, and this position was identified by foreign states, then the third government could intervene by the request of each party. A current international law rule in light of the UN Charter has taken a different approach. On the one hand international law institute in resolution 1975, prohibits any foreign intervene in internal conflicts and helping the parties of conflict, but on the other hand, International Court of Justice in the Nicaragua case by separation between government and rebel group; assigned government right to invite foreign countries and called any assistance to rebel group against the rules and principles of international law and (the principle of prohibiting interference). The court in the case of "military activities in Congo territory" again emphasized on their previous procedures.

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