S.Ghasem Zamani; hoda Shakib manesh
Abstract
Legitimate expectations protect the negotiated tariff concessions from being adversely modified. The principle of legitimate expectations considered as a ‘well-established’ principle specific to WTO is implicitly stated in Article III of General Agreement on Tariffs and Trade (GATT). It is ...
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Legitimate expectations protect the negotiated tariff concessions from being adversely modified. The principle of legitimate expectations considered as a ‘well-established’ principle specific to WTO is implicitly stated in Article III of General Agreement on Tariffs and Trade (GATT). It is also explicitly codified in paragraph 3 of Article XVII of General Agreement on Trade in Services (GATS) which considers the modification of conditions of competition as a violation of the non-discrimination obligation.
The dispute settlement body in the WTO recognizes the legitimate expectations as a “conditions of competition” where foreign markets trust domestic markets based on the negotiated tariff concessions.
So, any actions inconsistent with the overall level of negotiated commitments which have not become enforceable and predictable may constitute the violation of legitimate expectations. In conclusion, the principle of good faith is a tool to accommodate under the protection of legitimate expectations that “impaired benefits” could be claimed under a non-violation type complaint. Furthermore, this article demonstrates how the principle of legitimate expectations, in addition to protecting tariff consolidation, works effectively to fill the void and guarantee competitive opportunities.
Elham Aminzadeh; zahra sadat shareq
Abstract
One of the conflicting areas of law arising from custom and treaty is manifested in sea. This happens when a state tries to prove its sovereignty on body of waters that is under sovereignty of another state or part of high seas. Conflict of interest in peripheral states of South China Sea was aggravated ...
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One of the conflicting areas of law arising from custom and treaty is manifested in sea. This happens when a state tries to prove its sovereignty on body of waters that is under sovereignty of another state or part of high seas. Conflict of interest in peripheral states of South China Sea was aggravated by claiming historical sovereignty and rights of China based on Nine-Dash Line in the seabed. Philippines referred to the Permanent Court of Arbitration on the Law of the Sea Convention and brought the dispute to the international arena and once again raised the issue of historic waters. Although China didn’t appear before the PCA but the Court by referring to obligation of parties according to the Law of the Sea Convention concluded that the claim of China is on the contrary of its obligation under United Nations Convention on the Law of the Sea, hence refused to accept it.
Mehryar Dashab
Abstract
The European Court of Human Rights whose main mission is to consider individual and States petitions in case of the violation of the European Convention on Human Rights and Fundamental Freedoms and its additional protocols, based on the applicant’s request or at its own discretion, tries by indicating ...
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The European Court of Human Rights whose main mission is to consider individual and States petitions in case of the violation of the European Convention on Human Rights and Fundamental Freedoms and its additional protocols, based on the applicant’s request or at its own discretion, tries by indicating interim measures to prevent States actions that might inflict serious and irreparable damage to the applicants. This competence is not specifically enshrined in the Convention, however, it is recognized in article 39 of the rules of the Court. This article, by reviewing the Court’s case-law, investigates to what extent the Court invokes this jurisdiction and whether the interim measures entail enforcement mechanism. The findings of this article show that the Court is using interim measures in an exceptional manner to prevent the violation of articles 2 and 3 of the European Convention on Human Rights. Furthermore, due to the fact that the enforcement of interim measures is not expressly recognized in the Convention or the rules of the Court, the court by its judgments and with referring to article 34 of the European Convention, endeavors to establish an effective enforcement.
Mohammad Razavirad; Janet Blake
Abstract
In the field of commercial exploitation of underwater cultural heritage, the goal of commercial operators is to maximize profits with minimal cost and time, which is in conflict with archaeological principles requiring large investments and spending so much time. Today, due to the variety of commercial ...
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In the field of commercial exploitation of underwater cultural heritage, the goal of commercial operators is to maximize profits with minimal cost and time, which is in conflict with archaeological principles requiring large investments and spending so much time. Today, due to the variety of commercial exploitation methods (which are no longer restricted to the sale of archaeological and historical objects), compromise between the goals of commercial operators and archaeologists is not unlikely. International documents have also adopted their own approach, some explicitly prohibiting any commercial exploitation of this heritage, and others implicitly prescribing it. The key question is raised on approach of the "UNESCO’s 2001 Convention on the Protection of Underwater Cultural Heritage". A detailed analysis of the provisions of the Convention indicates that it has almost prohibited the sale of archaeological and historical objects by adopting a retrogressive approach. The Convention's approach could have been more progressive in this field, in line with practical requirements, including the financing of future archeological projects.
Javad Taghizadeh; Morteza Nejabatkhah; Vahid Bakoei ketrimi
Abstract
The Egyptian Constitution of 1971 addressed the issue of the necessity of protecting the Constitution and established the Supreme Constitutional Court for this task. This body is currently is protecting the Constitution of 2014, as stipulated in Article 192 of the Constitution and Article 25 of the Supreme ...
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The Egyptian Constitution of 1971 addressed the issue of the necessity of protecting the Constitution and established the Supreme Constitutional Court for this task. This body is currently is protecting the Constitution of 2014, as stipulated in Article 192 of the Constitution and Article 25 of the Supreme Constitutional Court of Egypt, as the task of "monitoring the constitutionality of statutes and regulations". While the laws in the Egyptian legal system are diverse, the effectiveness of the constitutional review system requires the adoption of ordinances to expand the scope of the Supreme Constitutional Court. One of these ordinances is that all laws are subject to the constitutional review of the Court. Accordingly, ordinary laws, Supplementary Constitutional Laws, laws approved by the referendum, abolished laws, parliamentary internal regulations, international treaties, and decisions of the president are subject to the constitutional review of the Supreme Constitutional Court. This is a mark of the effective and genuine constitutional review system in Egypt. However, the Constitutional Amendment rule is out of the constitutional review scope of the Supreme Constitutional Court. In this article, the efficiency of the constitutional review of statutes in the law of Egypt has been investigated.
abdolhossein shiravi; mahin falahati
Abstract
Decommissioning of petroleum installation and facilities is part of E&P operations that consists of plugging of wells, dismantling of installations and clearance of the site. Technical, financial, economic costs and environmental issues associated with the decommissioning process, compel host countries ...
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Decommissioning of petroleum installation and facilities is part of E&P operations that consists of plugging of wells, dismantling of installations and clearance of the site. Technical, financial, economic costs and environmental issues associated with the decommissioning process, compel host countries to enact laws and regulations dealing with all the details of decommissioning operations. However, in some countries, there is no system of law governing the decommissioning project. In the countries with the decommissioning law system, the contents of the laws and regulations are different due to the level of technology and environmental awareness. Identifying law-making gaps in the decommissioning law system of Iran requires the comparative study of the other countries′ laws and regulations especially oil pioneer countries. Therefore, this article at first, analyses the laws and regulations governing the decommissioning of oil and gas installations in the countries with more production capacity such as the UK, the US, Norway and Canada and the countries with lower production capacity such as Nigeria, China, Thailand, Australia, New Zealand, Brunei, Indonesia and the Netherlands comparatively and then deals with decommissioning laws and regulations in Iran.
Seyed Yaser Hoseini; Seyed mohammad sadegh tabatabaei; Manouchehr tavassoli nayini
Abstract
Executive organs sometimes are inevitable to take possession of real estates belonging to natural and legal persons in the implementation of their public projects. This transmission of real estate is sometimes by consent and sometimes compulsory. Determine of the nature of the compulsory possession has ...
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Executive organs sometimes are inevitable to take possession of real estates belonging to natural and legal persons in the implementation of their public projects. This transmission of real estate is sometimes by consent and sometimes compulsory. Determine of the nature of the compulsory possession has a considerable impact both in the works and the results of this practice and both sides' rights. Legal writers have three suggestions in this regard: Some of them considered the nature of it to be juridical facts. Others also regard it as juristic acts. They are two groups themselves: some of them have chosen the nature of the contract for the compulsory possession and others as unilateral acts. In the present study at first, the views have been explained and violated and finally the nature of unilateral acts has been chosen and strengthened.
Seyed Hesamoddin Lesani
Abstract
Establishing courts in territories under domination of non-state armed groups is one of the first actions of that groups for making order and law in that places to trial opposition soldiers, civilians and their own members. In this paper, it is tried to examine the legality of this kind of courts in ...
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Establishing courts in territories under domination of non-state armed groups is one of the first actions of that groups for making order and law in that places to trial opposition soldiers, civilians and their own members. In this paper, it is tried to examine the legality of this kind of courts in International Humanitarian Law, International Human Rights Law and International Criminal Law. Some of the necessary requirements for legality of these courts are impartiality, independence, judicial guarantees of civilized nations, enjoyment of experienced judges, etc. In a Swedish court, the criminal responsibility of a person was raised for murdering several people in Syria on the basis of a verdict issued by courts held by non-state armed groups. The Swedish court, however, denied the legitimacy of the verdict issued by such courts.
Majid Najarzadeh Hanjani
Abstract
In terms of legal status, 'workers' and 'employees' jobs are indicative of "subordinate labor", which, despite some similarities in dual legal systems, have certain conceptual features, and thus recognizing and distinguishing their examples have significant practical implications. Among the similarities ...
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In terms of legal status, 'workers' and 'employees' jobs are indicative of "subordinate labor", which, despite some similarities in dual legal systems, have certain conceptual features, and thus recognizing and distinguishing their examples have significant practical implications. Among the similarities between these two legal situations, one can mention personality similarity, wage compliance, and order compliance. But in distinguishing these two terms, one must keep in mind the differences and specifications of each. The nature and basis of the employment are absolutely legal, but the basis for the formation of the worker-employer relationship is the contract. The basis of employee's compliance with the orders of supreme administrative position is the principle of administrative discipline, but the basis for the worker's order compliance is the economic risk of the employer. Finally, the recruitment of an employee is possible only by the administration and with full compliance with the legal terms and conditions of public employment, including the conduct of the public employment examinations. However, employing a worker and concluding a contract is not limited to the administration and is done by the consent of the parties.
ali hasankhani
Abstract
In the case Micula A.O. v. Romania, the arbitration tribunal established under the auspices of the International Center for Settlement of Investment Disputes (ICSID) sentenced Romania to pay a compensation for the revocation of investment incentives and for the breach of fair and equitable treatment ...
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In the case Micula A.O. v. Romania, the arbitration tribunal established under the auspices of the International Center for Settlement of Investment Disputes (ICSID) sentenced Romania to pay a compensation for the revocation of investment incentives and for the breach of fair and equitable treatment principle that had been laid down in a bilateral investment treaty between Sweden and Romania. Considering investment incentives as a breach of the EU regulations regarding state aids, the European Commission then rendered a directive, prohibiting the enforcement of the arbitration award by the member states. As articles 53 and 54 of ICSID emphasize that the awards are binding, the EU Commission’s act of rendering the aforementioned directive, and the member states refusal to comply with the award equals to giving the EU law primacy over international law, which should be considered as a breach of their international obligations. Using a descriptive-analytical method, this article seeks to explain the viewpoints of the parties and the courts which were asked to enforce the award, as well as to determine the nature of their acts.
Ali Reza Jalali; Mohammad Abouata
Abstract
One of the legal tools used by the Court of Justice of the European Union in its jurisdictional system is the preliminary ruling on the basis of Article 267 of the Treaty on the Functioning of the European Union. According to this rule, the national courts can ask the Court to respond about the interpretation ...
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One of the legal tools used by the Court of Justice of the European Union in its jurisdictional system is the preliminary ruling on the basis of Article 267 of the Treaty on the Functioning of the European Union. According to this rule, the national courts can ask the Court to respond about the interpretation and correct way of applying a European law in a european country, with the aim of removing doubts and perplexities. This process ends with the enactment of a preliminary ruling by the Court. If the request for a preliminary ruling by the lower national courts is a consolidated fact, on the other hand the same can not be said for the requests of the Constitutional Courts, which have not reached a common view on the subject. In this article, in addition to the description of the cases of references for preliminary rulings of the Constitutional Courts of countries such as Italy, France, Spain and Germany before the Court of Justice of the European Union, we will try to understand the events concerning these referrals and mutual approaches held by the courts with particular attention to the approach of national Constitutional Courts.
mohamad ssetayeshpur
Abstract
Transferring right to reparation as a legal consequence of a state succession in public international law, regardless of how and the way the related succession has been occurred, has always been in dispute and controversial issue. Following the state succession, the issue of succession of states in respect ...
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Transferring right to reparation as a legal consequence of a state succession in public international law, regardless of how and the way the related succession has been occurred, has always been in dispute and controversial issue. Following the state succession, the issue of succession of states in respect of right to reparation, in the ways are allowed in public international law, seeks to scrutinize the feasibility of transferring such rights. Studying a conceptual framework of the conception in question in view of public international law, the present paper looking over opinions in favour of it and opposite views. At last, it concludes that transferring of the responsibility to the right to reparation in respect of succession of states should be disregarding of absoluteness and as a result of that, succession of states in respect of the right to reparation has been necessitated in international law which is necessary to achieveing justice and it represents a conceptual evolution in this human knowledge.
