محسن محبی

Since governance has various aspects and dimensions, including economic governance and its subsets,The monetary and financial policy through the central bank of the country's government is considered as monetary governance. With the emergence of new technologies such as blockchain, it seems that this Governance has become relative and has been overshadowed by this technology and has reduced the control of governments over the implementation of monetary policies. Central banks, which see their monetary sovereignty at risk, react based on their understanding of the issue and of course, some governments consider this technology as an opportunity for themselves. Accordingly, this article examines the monetary sovereignty of countries under the influence of cryptocurrencies and blockchain technology, and with a descriptive-analytical method, it seeks to explain the relationship between cryptocurrencies and the monetary and national sovereignty of countries in the field of international law.

Following the imposition of United Nations Security Council sanctions against Iran, the United States and several organizations and member states of the European Union implemented unilateral sanctions that extended beyond the resolutions adopted by the Security Council. The Council of the European Union has independently adopted various and numerous sanctions against Iranian banks through separate resolutions. European Union sanctions are binding on all member states, and the lifting of these sanctions by the Council of the European Union is conducted through the approval of a proposal within this Council. Moreover, according to the substantive rules of international law, such as the principle of immunity of central banks, the Central Bank is free to conduct international banking transactions and operates independently from the government, and therefore, imposing sanctions against it is not permissible. This research examines the content of various legal opinions and decisions resulting from the sanctions on the Central Bank of the Islamic Republicof Iran. Initially, some of the most important regulations, decisions, and resolutions of the European Union Council, European Court of Justice rulings, and European countries' decisions, including the United Kingdom's resolutions related to the sanctionson the Central Bank of Iran, will be discussed. Subsequently, the opinions and decisions of the United States will be examined, with the first section focusing on related rulings and the second section on the executive orders of the President, Congressional legislation, and Treasury Department resolutions.

Following the US withdrawal from the Joint Comprehensive Plan of Action (JCPOA), the reinstatement of US sanctions against Iran, and the cancellation of all oil, commercial, and economic agreements, all of which were the result of the JCPOA, Iran decided to sue the US in the International Court of Justice (ICJ) under the 1955 Treaty of Amity, Trade Relations, and Consular Rights (hereinafter the Treaty). The jurisdictional decision and temporary injunction have brought Iran closer to claiming its rights. However, the primary issues this study addressed were whether the ICJ has substantive jurisdiction and whether the final verdict will be in favor of Iran. Accordingly, the main research hypothesis was as follows: since the ICJ has substantive jurisdiction, if it renders an uncontested final verdict in Iran's favor, the US must reimburse Iran and return the situation to its pre-trial state. To answer the above-mentioned questions and examine the hypothesis, this study employed a meta-analysis method.

Contemplation and investigation of various narratives by the Imamiyyah jurists about the ownership of oil and gas mines reveal that four theories are more popular. They include the inclusion of the mines by the concept of Anfal (profits), Ibahah (permissiveness) in mine ownership, subordination of mine ownership to land ownership, and the difference between inner and outer mines. Since these controversies have led to the ownership of the oil and gas mines by the government, or public and private ownership, and the difference in the way these resources or their benefits are used, this topic has been always a challenge and a bone of contention. In the Iranian legal system, oil and gas ownership has been studied under the title of “mine’ and the influence of Imamiyyah jurists. Although some scholars have considered the approach of the legislator based on the theory that mines are absolute Anfal, the findings of the present study, referring to principles 44 and 45 of the constitution, indicate that actually, the legislator has issued a general ruling without considering the jurisprudential issues related to the examples of Anfal or inclusion/exclusion in Anfal. It has attributed the ownership of the Anfal and public wealth to the government only by the term “in possession” so that it can act in accordance with public interests. The same basis has been reflected in the Petroleum Act of 1987 and the Amendment to the Petroleum Act in 2011, and the government has entrusted the Ministry of Oil with the exercise of sovereignty over oil resources and facilities on behalf of the Islamic government.

International responsibility, as one of the most basic international legal institutions, creates rights and obligations for members of the international community, especially governments, which provides the basis for the establishment of the rule of law in the international community. In this regard, he first discussed the nature of human rights, the right to access medicine and vaccines, and examined the obligations and role of international community cooperation in dealing with and controlling global diseases, including Covid-19, and then examined the international responsibility of governments towards Violation of obligations related to access to treatment and vaccines for global diseases for people under their sovereign authority has been discussed and subsequently the international responsibility of governments in the field of dealing with newly emerging diseases, including Covid-19, is discussed.

The present research has been scrutinized, analyzed, and investigated using a descriptive and analytical method based on documentary studies with a survey tool.

International Health Regulations (2005) along with some rules of the Agreement on the Application of Sanitary and Phytosanitary Measures (1994), the core of the obligations between international organization of governments to control and deal with global diseases, including covid-19, and on the other hand, paying attention to the importance of the cooperation of governments in dealing with global diseases, commitment It is against the international community and neglect and negligence on the part of the governments in this field, including treatment,

According to the predominant narrative, the concept of human rights is founded within the context of modernity and based on the secular theories of Enlightenment philosophers. However, there is a minority view that traces the roots of modern theoretical and political movements such as humanism, liberalism and socialism, which form the intellectual foundation of human rights, in Christian theology and ethics. Nietzsche is one of the pioneer philosophers who considers the basic principles of the international human rights system, including inherent dignity, freedom, equality and universality, to be influenced by Christian moral values which are based on the representation of the morality of slaves against the morality of masters. This theory is different from the westernization of human rights claimed by cultural relativism and postmodern theorists, although both opinions lead to the same result; challenging the universality of human rights. The present paper tries to investigate the course of this intellectual flow by focusing on the works of Nietzsche and to give an appropriate answer to the question of how the universality of human rights has a paradox with its Christian roots.

The role of international arbitration in maintaining world peace and security has been largely through the peaceful settlement of international disputes as well as the development of arbitration precedents regarding international law governing the settlement of international disputes. Today, the growing role of non-state actors as new subjects of international law has become increasingly important. In addition, international and non-governmental organizations have played a constructive role in the gradual development of international law. In this study, by examining some important international arbitration cases, we seek to answer the question of How the International Arbitration has been influential in resolving disputes between governments and non-governmental actors and non-governmental actors with each other, in maintaining world peace and security and in developing international law. After analyzing the practice of international arbitration, the author comes to the general conclusion that when diplomatic efforts to resolve disputes are fruitless, the best and most effective solution is to refer to arbitration. In fact, the arbitration can resolve the dispute at an early stage and prevent it from escalating into hostilities. Accordingly, at the end of this research, suggestions addressed to the diplomatic system are also presented.

Tailored sanctions involves a set of sanctions that are related to the manufactured goods or services and the origin of their production. The function of tailored sanctions is to prevent human rights abuses and to maintain those values, as supported by peremptory norms of general international law (jus cogens). These sanctions, for example, are imposed on importing the goods for the production of which child labor has been used. These sanctions also prohibit the importation of goods or services from an illegally occupied territory. States as well as the UN Security Council may impose tailored sanctions as (unilateral or collective) a countermeasure. The present study is an attempt to explore the foundations and legality under international law of tailored sanctions. The special character of these sanctions is their obligatory nature. In contrast with general sanctions, tailored sanctions are considered not only states’ right but also their obligation.

Central bank sanctions are one of the types of economic sanctions. Various forms of economic sanctions in the strict sense of the word, including blocking and confiscating the assets of the sanctioned country, prohibiting export and import and buying and selling goods, blocking assets, (such as the blocking of Iranian assets by the United States following the occupation of the American embassy in Iran) ), currency and monetary restrictions such as increasing international tariffs and not granting loans or reducing credits and inappropriate exchange rate changes. Today, economic sanctions can be mentioned as a tool to achieve foreign policy goals from other countries. The goal of the sanctioning country is to distort the economic relations of the sanctioned country and weaken the system of the target country, through the quantitative and qualitative reduction of the international trade level of that country. At present, the countries that have more economic and military power in the international arena and mainly include Western countries, have a share in controlling the international economy by using economic tools and various related sanctions, including bank sanctions. They act to weaken or expose the economy of the country targeted by sanctions in order to secure their political interests and dominate other countries. For this reason, some Western analysts consider sanctions as a tool that also weakens diplomacy. Therefore, in this article, the legitimacy of banking sanctions in the international arena has been investigated, with an emphasis on banking sanctions against Iran. Also, in this topic, the content of various opinions and decisions resulting from the sanctions of the Central Bank of the Islamic Republic of Iran has been examined.

The free presence of countries in the waters of the world and the inevitable increase in the maritime phenomenon have resulted in consequences such as violation of the national laws of the coastal state and various types of maritime crimes. In most cases, the offending vessels do not pay attention to the orders of the coastal government officials and run away to the open sea by abusing the principle of freedom of navigation. The present research aims to analyze and examine the necessary solutions in the field of how to pursue the violators by studying the sources of international law. This research, which is of an applied and qualitative nature, has collected the necessary data in the field of the right of the coastal state regarding the immediate pursuit of foreign ships at sea, using a library method, and has dealt with the various legal aspects of this right with a descriptive and analytical method. The findings indicate that, although in the open seas, ships are under the exclusive jurisdiction of the flag state, if a foreign ship commits an offense in the maritime areas under the jurisdiction of the coastal state, which violates the laws and regulations of that country, the coastal state can take it under certain conditions to pursue outside the territorial sea and monitoring area. The obtained results showed that the immediate pursuit of a foreign ship in the waters under the jurisdiction of the coastal state or the sea areas where the coastal state has sovereign rights is a right granted to the coastal state according to the international law of the seas. This right is an exception to the principle of freedom of navigation and the principle of exclusive sovereignty of the flag state in the open sea.

The displacement crisis is one of the serious problems the international community has faced in recent years. However, at the international level, there is no binding legal document about them that specifically addresses the status, recognition of the rights of individuals and the obligations of the international community, or the international body specifically responsible for this matter. In addition, this group is not included in the umbrella of the 1951 Refugee Convention, and the possibility of changing or extending its scope to this group does not seem justified. Therefore, the present study seeks to find a framework to support this group, while examining the existing mechanisms. It is concluded that based on the actions of international institutions (in the form of cooperation and partnership between various institutions, Leadership of specific organizations), as well as on the basis of international obligations of states (including commitment to protection arising from the doctrine of R2P; to accept under customary international law; to human security; to the principles of the United Nations Displacement Guidelines) in international law and the international system and Given the general support, provide a framework for the protection of displaced persons and fill the existing gaps to an acceptable extent.

One of the primary duties of governments is to create and expand the context for personal talent development, enabling individuals to choose a job and get employed. The long history of human life indicates that, personality development is closely linked to the satisfaction of collective and general needs as well as employment and occupational activities. Employment and its subdivisions make up a substantial part of the Constitution of the Islamic Republic of Iran, and related instances are specified and heeded by legislators in numerous sections. The issue of employment is not limited to particular, state-related affairs but rather stressed throughout the body of the Constitution. Nevertheless, despite its significance, it is not an absolute right, and there are exceptions introduced in the constitutional and ordinary laws for this right. Iran's Guardian Council is responsible for the protection of this right through undivided attention to the matter when approving drafts and bills. They also scrutinize occupational rights in inquiries by the Administrative Court of Justice. The analysis of the procedures and theoretical principles adopted by the Guardian Council regarding the issue of employment sheds light on stances against violations of this right. This paper reviewed a number of bills and approvals as well as inquiries analyzed and commented on by the Guardian Council in terms of conflict with the principles of the right to employment to examine the council's attitude and theoretical principles.

The principle of relativity in judicial proceedings and arbitration confirms that the decisions issued are only binding on the parties to the dispute. However, the scope of the principle of relativity is not limited to votes, and this also exists in arbitration agreements. Therefore, the question arises whether the arbitration clause extends to a third party?

The present research was conducted with a descriptive-analytical method.

The answer given by the domestic law system of the countries to this issue is not the same as the answer of international commercial arbitration law and procedure. Most of the domestic legal systems, citing the principle of relativity of contracts, are resistant to the extension of the arbitration agreement to non-signatories, but international commercial arbitration laws and procedures are far from national laws and policies and realistic about economic and commercial activities between The international group of companies has more flexibility in front of this issue and considers it permissible.

The current age is full of regional wars in the Middle East and defending the land and frontiers of Islamic Republic of Iran based on geostrategic theories is not restricted to the national geography of this country. The question of how to defend the country at this juncture is an issue of contemplation by the legal and political circles and thinkers, i.e. diplomacy and action. This paper, developed through an analytical-descriptive method and by using library tools has come to the conclusion that a glance at the jurisprudential fundamentals indicates that self-defense, i.e. use of force to avoid damage is obligatory. A clear example of this is the use of force for defense as exception to the principle of prohibition of resorting to force. Of course, jurisprudential approaches toward the issue are sometimes accompanied by differences. The necessity of jihad for defense is not conditional to the decision of the infallible leader or his private or public vicegerent. However, with the presumption of formation of a powerful Islamic rule headed by just and obedient leader, if possible and in case of lack of serious damage for delay in defense until legal permission, defense at the permission and based on the decision of a legitimate leader will be permissible upon his discernment. This paper, reviewing differences in opinions over the issue, intends to clarify self-defense in view of Islam as well as its jurisprudential fundamentals, the extent of jihad for defense, including defense of Islam against conspiracies of the enemies, defending the land and territory of Islam, defending Islamic states, defending Muslim citizens of Islamic states and other believers, and finally terms and restrictions of jihad for defense, concentrating discussion of the issue on Imam Khomeini’s viewpoints.

Modern governments always consider themselves agents of public will and protectors of public interests and goals. Public opinion also measures governments based on their attention to public goals. One of the general goals of governments in the field of achieving good governance is to develop infrastructure and increase public welfare, and in this field, most governments try to achieve more success in this field by attracting foreign investment.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Due to the long-term nature of the investment contracts and the period of its exploitation, there may be changes in public opinion, fundamental changes in the structure of governments, revolutions may cause a change in attitude towards public goals and expropriation, confiscation and nationalization of the investor's property.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In this regard, there are many issues, one of the most important of which is the role of good governance in determining the legitimacy or not of expropriation in line with public goals. As a result of the investigation, it will be clear that today the principles of good governance have become one of the incentives influencing the continuation of foreign investment.

In the 20th century, we witnessed multiple expropriations in the forms of nationalization, confiscation, or seizure of property. In the first half of the 20th century, the Government of the Soviet Union and its colonies made extensive confiscations, and in the west, the Mexican government nationalized its arable land and oil resources. The second half of the 20th century started with the nationalization of the Iranian oil industry, and subsequently, in multiple cases, Asian and African states nationalized their resources. The investor countries, that were present in the countries rich in natural resources primarily through multinational companies, considered themselves the main victims of this exercise of sovereignty, and this became the basis for disputes between the parties. The investors turned to international arbitration to restore the rights that they thought they have lost. Therefore, we witness multiple approaches by the arbitrators concerning the exercise of the principle of permanent sovereignty of states over natural resources. By looking at the history of changes in this matter, we find that this issue has always been a place of constant fight or flight of the parties, and the arbitrators did not give up turning to all kinds of arguments and theories to protect the interests of each party, which resulted in the transformation or adjustment in existing standards, and therefore, led to the exercise of the principle of permanent sovereignty of governments over their natural resources.

The cornerstone of international investment law is to ensure the foreign investor's rights through international law standards including fair and equitable treatment. If the host state violates the standards, the foreign investor will not be obliged to raise a claim before local courts prior to international settlement of dispute. In contrast, in denial of justice, the investor must exhaust local remedies before seeking international redress. So in this respect, The Loewen case as an important arbitral practice on the relationship of denial of justice and exhaustion of local remedies will be analyzed in this article. The approach of Investment treaties will also be evaluated. This article concluded that arbitral tribunal in Loewen has made mistake by distinction between local remedies and finality rule. In order to resolve this ambiguty and confusion in investment arbitration in the field of denial of justice, one should wait for the treaty procedure of the states in bilateral or multilateral treaties for mutual encouraging and supporting of investment

There is an important difference between the international responsibility of States in formulating a reservation incompatible with the object and purpose of a human rights treaty and other types of international responsibility. The difference is that such a violation makes the reserving state responsible not only to the objecting members, but also to the international community as a whole. The main question of this descriptive-analytical research is what distinguishes the international responsibility of states in formulating a reservation incompatible with the object and purpose of a treaty from the acceptance of such a reservation - especially in human rights treaties.

The result of the present research shows that the responsibility of states in formulating a reservation incompatible with the object and purpose of a human rights treaty can be seen through the flexible structure of Articles 19 and 20 of the International Convention on the Law of Treaties. While Article 19 prohibits states from formulating a reservation incompatible with the object and purpose of the treaty at the stage of signing, ratifying, accepting, approving or acceding to a treaty, Article 20 does not take this prohibition into account at the stage of acceptance of the reservation by other states.

Due to the increase and development of international investment arbitrations, investors have abused procedural tactics to increase their chances of winning in these arbitration proceedings. This undermines the credibility of international arbitration as one of the effective means of resolving international disputes. Abuse of processes in investment arbitration takes place when an investor exercises his right in a way that is contrary to the aim and purpose of that right. It happens when chain companies and subsidiaries owned by a parent company or shareholders of a chain company with different nationalities seek the same relief against the host at different arbitral tribunals in parallel or simultaneous lawsuits. Therefore, the host state will face multiple claims from multiple investors and is required to pay multiple damages. The principle of abuse of process is an expression of the more general principle of good faith, a fundamental principle of international law, as well as investment law. So, ICSID tribunals will often invoke the principle of abuse of process in their cases.

In legal works and writings, there are two theories with different effects on the basis of insurer liability in the Compulsory Insurance Law of 2016; The first is the theory that interprets the basis of the insurer's liability on the basis of the insurance contract and its subordinate liability;

Following the expansion of trade oversight intensified in recent years by the United States and the European Union; Private settlement of cross-border trade disputes has faced new problems and challenges. One of these measures is the imposition of international sanctions, which have been used repeatedly in our country. The existence of these sanctions, of course, overshadows the contracts and agreements between the sanctioned parties and other individuals, and in many cases makes their implementation difficult or even impossible. In the present article, according to the arbitration rules of international commercial arbitration institutions, including; The Arbitration Court of the International Chamber of Commerce, the Arbitration Court of London, as well as related international conventions, in particular the Convention on the International Sale of Goods, will answer the question of what kinds of effects do sanctions impose on international commercial arbitration. The conclusion of the present study is that sanctions affect international commercial arbitration in five ways: the effect on arbitrators, international arbitration centers, implementation of international arbitral awards, contract law, and contractual parties. Sanctioning states have also generally invoked unilateral sanctions as a rule of "public order" in international commercial arbitrations in order to legally justify sanctions.

International investment treaties and contracts are two different legal instruments aimed at encouraging and supporting foreign investment.  The coexistence and simultaneous governance of the two is possible in the case of a single investment. However, under international investment law, coexistence between these two instruments has created major problems. Indeed, due to the broadness of investor treatment standards, especially the fair and equitable treatment standard, sometimes contractual breaches are seen as breach of the broader treaty standards. As such, due to the difference between dispute settlement clauses in investment contracts and inter-state investment treaties and the applicability of each clause, there will always be the possibility of conflict of jurisdiction between the authorities concerned. This article explores the circumstances under which investment treaty arbitration will be competent to adjudicate claims arising out of breach of an investment contract. In addition,  ICSID arbitral jurisprudence is analyzed on the basis of restrictive and/or extensive interpretation of dispute settlements clauses in both investment contracts and investment treaties.

The issue of referring the crimes of non-governmental groups to the International Criminal Court is a new and innovative issue and its dimensions have not been considered by the doctrine so far. In this article, with the aim of assessing the feasibility of referring the crimes of non-governmental groups to the International Criminal Court, relying on the crimes of the ISIL group, answer what is the jurisdiction of the court in referring the crimes of non-governmental groups to the International Criminal Court? In conclusion, it can be stated that ISIL's actions are based on existing international evidence, such as the Statute of the Court, as well as criminal law, a perfect example, and crimes against humanity and war crimes. According to the provisions of the Statute of the Court, it seems that this Court has a total of five methods of exercising jurisdiction over crimes: 1) Referral from the Security Council to the Court; 2) committing a violation in the relevant government domain; 3) acceptance of the jurisdiction of the Court by countries that are not members of the Court in the case of specific crimes; 4) Accepting the membership of new countries in the International Criminal Court; 5) The commission of a crime by the nationals of the Member States while they themselves are non-member States.

Driverless cars have made the jump from fantasy to the physical realm and their use is increasing. In their most advanced form, a driving system is replaced with a human driver which takes controle of the vehicle when driving. Regardless of the conventional issues of civil liability, what draws attention in the first place is the mechanism of compensation for accidents caused by these driverless vehicles. Therefore, the main question that we seek to answer in this article is whether the compensation system for traffic accidents that currently prevails in Iran can be responsible for the widespread use of these vehicles assuming that liability of insurers as social cooperation one? Relying on the descriptive-analytical method of research and use of library resources, this article has reached the conclusion that the compensation system outlined in the Compulsory Insurance Law of 2016 which is based on social cooperation can handle this important issue, although it needs to be developed.

In the international legal system,mechanisms have been established to resolve dispute between subjects,provide the ground for the rule of law order and security in the international community is one of these mechanisms of arbitration.in foreign investment arbitration,one party to the dispute is always a government institution,and the rights of the people are also at stake, the public or private party may object to the arbitral awards and the proceedings or the content of the awards and request a review.as we know arbitration is a one-step and there is no review authority in arbitration.but sometimes,due to exceptional circumstance,a revise to the arbitration award may be necessary.on the other hand the possibility of correcting spelling or computation errors, or misspell or supplementary and interpretive awards should not be confused with revision,because the correction of the award or the issuance of a supplementary and interpretive award is in fact a continuation of the initial arbitration process,but the purpose of the review is to reconsider the same matter in the same arbitral tribunal.revision has been one of the most controversial international issues in the field of investment.revision is an exception and the principle is that the arbitration award is final and binding.sometimes the award may have such damages and objections that it’s execution is not justifiable and need re-opening.obviously,prescribing such awards constitutes participation in injustice or violation of the law to ensure the validity of arbitral award and it’s authenticity,especially the execution of justice,establishment of a revision mechanism canbe predicted.