Evaluation of Controlling the Bureaucratic Authority in the Context of Relations between Bureaucracy, Politics and Efficiency
Ali Akbar
Gorji Azandaryani
دانشیار حقوق عمومی دانشگاه شهید بهشتی
author
Farzin
Ghahramanzadeh Nimgazi
دانش آموخته کارشناسی ارشد حقوق عمومی دانشگاه شهید بهشتی
author
text
article
2016
per
Successful performance for political systems depends to existence of an
efficient administration. In this regard, bureaucracy, from the late nineteenth
century until the 1980s was considered as the exclusive system for efficiency.
However, this system, especially in the welfare states period, following the
expansion of administrative apparatus of the governments, was seen as
inconsistent with the values of democracy by forming an independent authority
from society and democratic institutions. This fact has led to the theoretical and
practical efforts to reform and democratization of administration in the context
of the democratic systems. Therefore, various theories and methods have been
proposed for reforms; such as representative bureaucracy; political
appointments and the use of administrative procedures. In addition, methods
and techniques presented in the years after 1980 in the context of “new public
management" for efficiency and effectiveness and frugality; can be considered in
line with the reduction of bureaucratic authoritarianism. Methods that have
reduced the size of bureaucracy and have also facilitated the accountability
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
50
no.
2016
9
35
https://qjpl.atu.ac.ir/article_3964_ac48d985a0a564f6015cb25a2258d1af.pdf
dx.doi.org/10.22054/qjpl.2016.3964
Determining the Right Tax Jurisdiction in Bilateral Taxation Treaties and Preventing Abuse of the "Permanent Establishment" Concept
Gholam Nabi
Feyzi Chekab
استادیار حقوق تجارت بین الملل دانشگاه علامه طباطبائی
author
Naeem
Noorbakhsh
دانشجوی کارشناسی ارشد حقوق تجارت بینالملل، دانشگاه علامه طباطبائی
author
text
article
2016
per
Bilateral tax treaties in the world are significantly spreading as a tool for
waiver of double taxation, which is an obstacle in the way of expansion of
international trade. In the text of the such treaties, the concept of "permanent
establishment" is predicted, which means a fixed place for doing business by the
companies residing in Contracting States in order to clarify tax liability of
entrepreneurs in both countries. Determination of the question of tax residence
has critical importance for recognizing tax liability of a tax payer and in
bilateral tax treaties, having a permanent establishment means residency and
tax liability in relation to the profit attributable to this unit. However, it has been
seen that transnational companies attempt to take fraudulently measures
through bilateral tax treaties to reduce their tax liability by abusing the concept
of permanent establishment. Organization for Economic Cooperation and
Development has introduced and published solutions and amendments to deal
with transnational corporations’ tax avoidance and tax evasion strategies the
application of which in Iran’s tax law system will be useful to determine the
competent tax jurisdiction and encountering ‘treaty shopping’ by transnational
corporations.
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
50
no.
2016
35
58
https://qjpl.atu.ac.ir/article_3965_f70687e198f7523c4bcb7967baa69251.pdf
dx.doi.org/10.22054/qjpl.2016.3965
Decommissioning of Offshore Oil and Gas Installations under the International Law
Javad
Kashani
استادیار حقوق بینالملل دانشگاه علامه طباطبائی
author
Mostafa
Rezaeyan Mehr
دانشجوی دکتری حقوق نفت و گاز دانشگاه تهران
author
text
article
2016
per
The decommissioning of offshore oil and gas installations is considered as one of the most complicated problems of our time, that comprises broad legal, economic, political and environmental issues. Although such factors have always been important in oil and gas industry, but with the decline of production from oil and gas fields since mid 1980s it has turned into a serious challenge for the oil companies and states. This paper seeks to identify the challenges faced by the oil and gas industry regarding the issue of decommissioning of offshore oil and gas installations, and furthermore to identify the regional and international applicable law on decommissioning and their efficiency. The paper concludes that the existing international regulations lack the required consistency and efficiency. Moreover, currently integration or formation of customary international law concerning decommissioning of offshore oil and gas installations would be impossible due to lack of necessary basis for the creation of such rule.
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
50
no.
2016
59
63
https://qjpl.atu.ac.ir/article_3966_a9d76f002f0a7db8670483a4def845cc.pdf
dx.doi.org/10.22054/qjpl.2016.3966
Reflections on Seeking Rights of the Victims of Chemical Weapons in the Light of Universal Civil Jurisdiction: With an Emphasis on Iranian Victims of Iran-Iraq War
Heybatollah
Najandimanesh
استادیار حقوق عمومی و بینالمللی دانشگاه علامه طباطبائی
author
text
article
2016
per
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
50
no.
2016
95
118
https://qjpl.atu.ac.ir/article_3967_b4ddedb9f1cde18b2f725973bd5bbe4e.pdf
dx.doi.org/10.22054/qjpl.2016.3967
Relevance of the Investor's Practice and Behavior to the
Adjustment of Compensation Arising out of the Breach of
Investment Treaties' Standards of Protection
Mohammad Jafar
Ghanbari Jahromi
استادیار حقوق بینالملل دانشگاه شهید بهشتی
author
Mansour
Vesali Mahmoud
دانشجوی دکتری حقوق بینالملل دانشگاه شهید بهشتی
author
text
article
2016
per
Quantum of damages is one of the most important aspects of proceedings in
investment arbitration. Assessment of damages in investment treaty claims
occasionally requires adjustment and reduction of damages under certain
circumstances and situations. This could be explained by the impact of other
rules of international law on the assessment of responsibility and damages in
investment claims. The investment arbitration’s jurisprudence indicates the
relevance of investor's behaviorand practice after and before the breach of
investment treaty standards by the host State to the determination of damages.
Investment treaty obligations are, in principle, intended to exclusively protect
qualified investors. However, conduct and practice of investor in the course of
the investment activity in the host State has to be taken into account at the final
stage of determination of compensation. In addition, contribution to the injury
and non-compliance with the duty to mitigate the loss are the post-breach
considerations potentially relevant to the reductionof damages arising out of
investment treaty breaches.
Taking into account damage-reducing factors is the potential source of
development of the rules of remedies/compensationin investment treaty
arbitration as well as the overall promotion of legitimacy of investment
arbitration system.
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
50
no.
2016
119
143
https://qjpl.atu.ac.ir/article_3968_95b16b41e3b9a3934eee1606b0474d33.pdf
dx.doi.org/10.22054/qjpl.2016.3968
Iraq’s Use of Chemical Weapons in Iraq-Iran War: U.S. Derivative Responsibility
Mohammad
Setayeshpoor
دانش آموخته کارشناسی ارشد حقوق بین الملل دانشگاه تهران
author
Abdollah
Abedini
استادیار حقوق بین الملل دانشگاه تهران
author
text
article
2016
per
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
50
no.
2016
143
169
https://qjpl.atu.ac.ir/article_3969_1a8c949842fee62165ae5b24ddcccf3b.pdf
dx.doi.org/10.22054/qjpl.2016.3969
The Rule of Lex Specialis, as a Field for the Operation of Principle of Specialty of International Organization
Seyed Mahdi
Razavi
مربی گروه حقوق دانشگاه پیام نور، تهران، ایران
author
Mojtaba
Babaee
استادیار حقوق بینالملل دانشگاه پیام نور، تهران، ایران
author
Mahdi
Hatami
استادیار حقوق بین الملل دانشگاه کردستان
author
Ali
Tavakoli Tabasi
استادیار حقوق بینالملل دانشگاه پیام نور، تهران، ایران
author
text
article
2016
per
The principle of specialty of international organizations requires that rights
and obligations of each organization is a function of the scope of the powers
entrusted to it by the members. This principle can play an effective role in the
legal regime of this kind of subjects of international Law, including international
responsibility. The draft articles on the responsibility of international
organizations adopted by international law commission in 2011 has taken into
account this principle in the certain manner so that it implies a median
approach. The commission while accepting the importance of this principle in
the law of international organizations, refused to accept it as a basis for the
provisions relating to the responsibility of international organizations, but in
other ways mainly by relying on the rule of Lex specialis has tried to make it
operational. This rule, that involves the superiority of specific law to general
law, has been declared in article 64 of draft articles on the responsibility of
international organizations and considered as a field for observance of specific
legal conditions of international organizations in dealing with the general rules
of international responsibility. This article, with the aim of explaining of the
position of specialty of international organizations in regulations of their
international responsibility, has examined the specific approach of the
international law commission on this issue
Public Law Researsh
Allameh Tabataba’i University
2345-6116
17
v.
50
no.
2016
169
189
https://qjpl.atu.ac.ir/article_3970_42efa2c6c2b352c4e25ecdde79e92207.pdf
dx.doi.org/10.22054/qjpl.2016.3970