marzieh dastbala; Alireza Zaheri
Abstract
Over years simultaneously with the formation of the concept of government, the ideal of creating unity between governments and the formation of a single international community has always been discussed. Nowadays international unity as an expanding topic comes first in the international community. But ...
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Over years simultaneously with the formation of the concept of government, the ideal of creating unity between governments and the formation of a single international community has always been discussed. Nowadays international unity as an expanding topic comes first in the international community. But along with the expansion of the process of international unity and consequently the relations between governments, international problems specially in international governance domains and management of the process of globalization started to increase as well. As a result, thinkers, by taking tradition-breaking measures, have put aside the governments as the main role players of the international community and government officials have replaced the independent presence of the governments with the formation of parallel networks in line with special topics related to themselves. In this survey, using historical, descriptive and analytical methods, at first, the aim of the article to examine the background of these networks which under the name of transnational networks try to emerge a more advanced general structure in the international community and in law in general was dealt with. Finally, the acceleration of solving international problems due to the existence of transnational networks was inferred.
Mojtaba Nazif; Alireza Zaheri
Abstract
The analysis of JCPOA from an international point of view suggests that it would remain an imprecise as well as a misleading question whether JCPOA is considered to be a political agreement or a treaty. This question is generally posed because it applies a domestic approach on international agreements. ...
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The analysis of JCPOA from an international point of view suggests that it would remain an imprecise as well as a misleading question whether JCPOA is considered to be a political agreement or a treaty. This question is generally posed because it applies a domestic approach on international agreements. Thus, in this article, a study was made on the way the variables of an international agreement were drawn upon so that they could yield the desired results intended by the negotiators. Since a set of specifically modeled elements were applied in JCPOA by the involved parties, it functions far more efficiently in terms of format, implementation, and dispute settlement mechanism, rather than a treaty in an international arena. In view of the content, the agreement draws on a system in order to execute its long-term commitments and though it is not known yet whether JCPOA is admissible or not, over judicial system, the current procedures have the potentials to do so. As such, it appears that JCPOA proves itself as one of the examples of the international agreements transforming from the classical approaches into modern ones which put more emphasis on their efficacy and enforcement mechanism.