فروغ چرامی

From the early of 20 century, the most important duty of government and international lawyers was to ban the war or prevent from using force in the international relationship. The rule of government immunity nowadays has the common conditions in international law. But the government doesn’t have the same opinion on these exceptions. The government doesn’t consider another government to have immunity and are qualified for all of the take over and commercial activity. But there is a question from the perspective of international rule when internal authority can order to confine the belongings of external government in their country. It seems that from international rule internal authority that includes judicatory or arbitration cannot bind the access of another country to its belongings in their country. The aim of this investigation is to find the legal system governing the immunity of government and the belongings of government.

The subject of this article is to study the causes and roots of confiscation of Iranian property and assets and its place in the Iranian legal system and international law. The main question of the research is what are the most important reasons and roots of confiscation of Iranian property and assets and how can this action be explained in the Iranian and international legal system? The main hypothesis of the article is that the United States has pursued a policy of confiscating Iranian property with the aim of curbing or changing Iran's behavior, which is a violation of state sovereignty in terms of domestic and international law and a violation of the principle of sovereignty in international law. The victory of the Islamic Revolution brought with it various values, including support for oppressed nations, support for Islamic movements, and anti-arrogance, which are reflected in the Constitution of the Islamic Republic of Iran. This led to a confrontation between Iran's foreign policy and US foreign policy. Accordingly, the United States pursued a variety of policies, from the Eight-Year War, all kinds of sanctions, from the Damato embargo to extensive banking and trade sanctions. The results of the study show that the US action in confiscating Iran's property and assets, considering factors such as decency and lack of effective control, and the use of the law of terrorism have no legitimacy under international law.