فهرست مطالب mehrab darabpour

Some laws have prohibited the selection or appointment of serving judges as arbitrators. This limits the scope of the will of the parties and may be caused by the rules governing the seat of arbitration or the law governing the contract. As an example, we can point to the prohibition of the appointment of serving judges as arbitrators by the parties, mentioned in Article 470 of the Civil Procedure Act. Of course, in international commercial arbitrations, due to the unique nature of the International Commercial Arbitration Act and according to Clause (1) of Article 36 of the aforementioned Act, the content of this Act is not applied in domestic arbitration regulations. However, some bylaws issued by the honorable Chief Justice of the Judiciary and special laws have imposed prohibitions regarding the freedom of judges to adjudicate arbitration cases. In many legal systems, not only the appointment of judges as arbitrators is not prohibited, but on the contractor their appointment in some countries, such as China, is mandatory.Examining the arbitration laws in different countries and analyzing the relevant regulations, this article seeks, through a comparative study, to resolve any doubt pertaining to the permissibility of appointing judges as arbitrators in international commercial disputes. Also, by examining the possibility of their maintaining independence and neutrality, it shall be demonstrated that this prohibition lacks a substantial logical and legal basis. The findings of this study revealed that If there is any doubt regarding the independence or impartiality of an arbitrator chosen by the parties, in accordance with the rules governing arbitration, whether domestic or international, as well as the circumstances surrounding the case, the grounds for challenging the arbitrator will be provided. There are no explicit criteria for lack of independence or impartiality of an arbitrator, and in this regard, attention should be paid to the circumstances of each case and not rely on personal criteria. For example, simply the filing of a disciplinary complaint by one of the parties against the arbitrator cannot lead to his disqualification. Given that the court addresses various stages such as the appointment of an arbitrator, identification, enforcement, and annulment of the arbitral award and, in other words, the arbitration process at these sensitive stages is dependent on the court, the selection of a judge as an arbitrator may create grounds for his conflict of interest. In this regard, if the arbitrator directly deals with his own issued award, the matter falls under paragraph (v) of Article 91 of the Civil Procedure Law and the court's judgment must be rejected due to the existence of personal interest. In other cases where the arbitrator does not have a legal intervention in the case as a judge and directly, whether as a high-ranking or submitting official, so no conflict of interest is presumed, since judges are independent and mere professional unity cannot lead to a conflict of interest.

Tax has undeniable role in Provision of the governments general budget and special position in financial regime of all oil and gas contracts. Host states always trying to provide presence and investment conditions of multinational enterprices in oil and gas industry for advancing their economic goals and collecting considerable Income tax. Although multinational enterprises are important actors in the international trade and one of the main factors of global economic growth, the destructive effects of some of their actions are not desireable. The structure of these companies is somehow that parent company controls and manages many subsidiary companies in various countries and advances its besiness goals in any way possible. This structure provides for these companies the possibility of tax avoidance via transfer pricing mechanism. In international oil and gas industry, a significant volume of transactions are between parent company and its subsidiary companies or between subsidiary companies of a parent company. Transfer pricing is a mechanism based on that goods. services, rights and property related to intellectual property, facilities and ... transfer from parent company to subsidiary or between subsidiaries of parent company at a price different from the usual market price. Indeed, the purpose of utilization of this mechanism is internalization of transactions and determining desired prices for the purpose of reducing taxable income and transfer of funds from geographic territory with a high income tax rate to another geographic territory with a low income tax rate. Host countries tax revenues affected by this action of multinational companies. Host countries with the aim of collecting maximum tax revenues determine financial regime of oil and gas contracts, whiles controlled transactions of multinational enterprises obstruct this goal. Transfer pricing violates competition law to the detriment of small companies. Although multinational enterprises with their structure internalize transactions, avoid tax payment and save financial resources resulting from it easily, but small companies do not have such a capability, can not avoide tax liabilities and invest financial resources resulting from it in other sectors. Oil and gas industry due to the need to huge investment and modern technologies is desprately depending on the presence of multinational companies, and a very high turnover of money increase  the motivation of those companies in the utilization of transfer pricing mechanism. Supply of required goods and services from affiliated companies at a price outside the normal market price and providing facilities with an interest rate higher or lower than the usual rate reduce tax income of host states and create many challenges to deal with this problem. Utilization of Arm's-Length principle is the most efficient tool to deal with transfer pricing. Based on this principle, if the price of goods and services exchanged in controlled transaction between two related companies differ from the usual price of those goods and services in uncontrolled transaction between two independent companies, tax experts ignore the price of controlled transaction and base the price of uncontrolled transaction for calculation of taxable income. This principle is universal and the method of its applying has been predicted in the tax laws and regulations of most countries. It is determined, By examining judicial precedent of countries, that tax experts, in calculating the due tax, ignore price announced by tax payer and by applying this principle determine taxable income. Despite all the advantages of the arm's-length principle, the challenges of its application cannot be overlooked. Comparative analysis is the basis of applying this principle and to do this, tax experts should find similar transaction related to same goods or services exchanged in a controlled transaction to compair price. In most cases, desired goods and services are unique and finding a similar transaction is impossible. This research, with the library method and examining judicial precedent, explains the transfer pricing of multinational companies with the special attention to the international oil and gas industries to find out that how these companies, by internalization of transactions and determination of their desired price, avoid paying tax to host governments. In the following, coping with transfer pricing by applying arm's-length principle, methods of applying this principle and Iran's legal status in dealing with this problem will be reviewed to find out that which legal instruments Iranian National Tax Administration has to deal with transfer pricing.

The main economic challenge of long-term contracts for the sale of natural gas through the pipeline is the pricing of the gas in the contract. Considering the impact of market developments on natural gas pricing in long-term contracts, the economic pathology of natural gas sales contracts and providing suggestions to reduce this damage become important. In long-term contracts, the price of gas is determined based on the price of alternative energies. This type of pricing means that the price of gas is not determined in real terms and subsequently it will require a lot of negotiations and transaction costs. This fact, which is not in any way favorable to the economic character of the parties, leads to the fact that the pricing is repeatedly subjected to price revision arbitrations. In order to avoid the above economic risks and create transparency in the gas market pricing system, it is better to conclude natural gas sales contracts in the form of spot and short-term contracts. In addition, the restructuring of the energy exchange and the launch of the gas market can help to establish transparency in the market.

Early Neutral Evaluation (ENE) is a new form of alternative dispute resolution that has demonstrated success in various cases and has proven to be particularly suitable in intellectual property disputes. Due to the special characteristics of intellectual properties, adopting ENE in the early stage of an IP dispute or action has many advantages. The preliminary assessment of a case saves time, money, confidentiality, and other features crucial in IP cases. The ENE provides a frank and candid opinion to the parties about the merits of their claims according to appropriate procedural and substantive law. Special Features of patent, copyright and trademark cases deserve to be solved by the ENE method. In complex issues, a combination of ENE and mediation can work well together to solve disputes and claims appropriately, which is better than judicial and arbitral solutions.

Traditionally, legal texts and contractual terms have been the determining factors in shaping the behavior of contracting parties in contractual relationships. However, in recent decades, legal scholars have debated the possibility of using unwritten principles and norms to modify contractual relationships. One of the most prominent examples of these principles is the commitment to good faith. This commitment is an unwritten ethical and legal principle that refers to the duty of contracting parties to act reasonably and consider each other's interests and expectations without unreasonably jeopardizing their own interests. It is originally a Roman legal concept and a general rule that is applied in various contractual areas, such as employment contracts, trusts, e-commerce contracts, and commercial cooperation contracts. This research aims to examine the concept of the commitment to good faith in the Nordic legal system (Scandinavia or Northern Europe, including Finland, Sweden, Norway, and Denmark) and the Islamic legal system using a descriptive-analytical method and relying on library resources. The commitment to good faith in Shia jurisprudence, which is the basis of Iranian law, has not been recognized as an independent principle and source of obligation. However, the general principles of custom and humanism in law, the concept of the aforementioned commitment, its results, and the obligations arising from it can be inferred from the discussions of fraud, deception, Najsh (auction bidding to raise the price), Talaqi Rokban (intercepting a traveler to buy goods at a lower price), and so on.

Protection of foreign investment is a useful instrument for foreign investors and host states. Strong protection for foreign investor attracts more investors and causes economic growth and development of host state and foreign investor gains more profit by increasing his capital. Foreign investment protection standards are considered as a requirement for the foreign investor to claim compensation in case of violation by the host state. In portfolio investment, according to the differences between this type of investment and foreign direct investment, special protections are required because a collection of protective standards applying in direct investment including full protection and security standard are not applicable in portfolio investment due to its specific characteristics. Therefore, it is necessary to apply standards which are useful and efficient. Some of these specific standards are mentioned in this Article. In Iran's legal system, the Executive Directive of Foreign Investment in Stock Exchange and OTCs addresses the protection of portfolio investor in brief, which does not provide sufficient protection for foreign investor.

The contract has long been mentioned as an effective tool in the exchange of goods and the use of services, but today, with the increasing growth of international trade, the process of preliminary negotiations and negotiations in the pre-contractual stage has become inevitable, so that it is referred to as one of the stages of concluding a contract.

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.

Ethical Considerations: 

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

During this period, the principle of contractual freedom requires that it be possible for either party to withdraw from the negotiations. However, if leaving the negotiations or violating the pre-contractual obligations is contrary to good faith and the principle of integrity and causes damage to one of the parties, the fulfillment of pre-contractual liability is required.

There is no independent issue in Iranian law called pre-contractual liability. In Iranian law, various assumptions should be considered: The first is the assumption that the requirement is binding and implies a kind of commitment to maintain it for a certain period of time and second, the assumption that the requirement is simple and non-binding, in which case recourse to the requirement will not initially entail pre-contractual liability.

Legal regulations have direct effect on economic sustainable development. No one can cast a shadow of doubt on the fact that foreign investments have also got such an effect. Even though foreign investment in Iran has risen more than 64% last year; these kinds of investments have not yet reached a desirable level.There are several impediments for the foreign investments such as political, social, economic and cultural factors, In these two legal systems there are some legal effective factors which are as follow:A: In Iranian legal system, accepting foreign investment is at the discretion of the governmental authorities,B: The scope of the area of investment in Turkey is broader than Iran which, in turn, has got its own effect in each of these countries.C: The rules related to the real estates, contrary to the Turkish legal system, are more rigid and less clear in Iranian Law.D: The tax and labor laws in Turkey are more favorable towards investors than Iran.E: Social and Civil liabilities of the practicing companies in both countries are more or less the same. Turkey is a member of more conventions related to human rights and social affairs. These ratifications give Turkey a relative chance to attract more foreign investments.These are the reasons according to which the foreign investments decide to invest in a country or not. This article proposes systems by which one can reduce the impediments and simultaneously motivate the foreigners and other investors toinvest safely inboth countries.

Building Information Modeling (BIM) has been created to increase the efficiency and use the abilities of the digital tools in construction projects and is improving more and more. In addition to the benefits of this technology, some new challenges have been rosed most of which are related to legal and contractual issues. The routine contracts of the construction industry cannot respond well to the special situation of BIM, and various approaches have been proposed at the international level to resolve this problem. Some of them are under investigation and research to reach an appropriate solution. A specific contractual framework has not been codified in Iran, either. The study of these approaches fulfilled separately and scattered all over the world is a necessity that must be analyzed to present an explicit viewpoint for the decision-makers to achieve an appropriate approach for BIM contractual framework codification. This study investigates 21 cases of the proposed approaches in 7 leading countries in this field (BIM) and receiving the domestic industrial professionals’ comments, has compared these approaches and categorized their advantages and disadvantages. The results of this research showed that providing “the contractual appendix of BIM” and its attachment to the existed contracts can be an acceptable approach for removing the contractual problems of BIM. In the end, some proposals were presented for the manner of an appropriate contractual framework along with the country's situation and requirements.

Disputes are inseparable part of complicated cycles of international long-term construction contracts which deal with huge financial and human resources. How to deal with disputes and settle them is more crucial. A new trend in applying the specialized dispute boards for settlement of the disputes has emerged in international construction contracts in recent years. In times of disputes, these boards decide that the issued decision is binding on the parties based on FIDIC Conditions. However, there is no enforcement mechanism when failure to comply with such a decision occurs, and the procedure thereof is also unclear. These kinds of decisions are mostly regarded as contractual obligations and there is not enough supporting judicial opinion to uphold them seriously. Recently, the High Court and the Court of Appeal in Singapore have enforced binding but not final Dispute Adjudication Board (DAB) decisions. In Singapore, these judicial awards make it clear how the term of reference to DAB could be interpreted. The procedure might be a useful guideline for other courts and arbitral tribunals which are dealing with the enforcement of DAB decisions in different countries as a challenging issue. This study tries to uphold the view that since the binding but not final DAB Decisions could be enforced through the interim awards by a court, a fortiori, the binding and final ones could be regarded as arbitral awards and enforced as final arbitral awards. It is also argued that recognition and enforcement of FIDIC DAB decisions could to some useful extent guarantee the cash flow and financial efficiency of construction projects. Finally, the guarantees for the failure in the enforcement of decisions are debated.

Developing countries need foreign investments, in order to finance their large infrastructure projects. These investments might help them to update their technologies and efficient management. Built, Operate and Transfer contracts known as BOT is one of the contracts by which a country might fulfill the requirements of attracting foreign investments. After the enactment of “FIPPA” and “General Principles of Article 44 of the Constitution”, a relative way reopened to the privatization of governmental Fundamental and Institutional sections, which, in turn, might motivate and attract foreign investments. The foreign investors, who invest in public infrastructure projects by B.O.T, need more legal and governmental supports. The present article seeks to answer the question of what are the obligations, incentives and responsibilities of the government in attracting foreign and private investment? What are their governing rules? After checking out in multiple instances and analyzing them, it seems that in most cases, the responsibility attributable to the government. It is supposed that this achieving the goal of this research will motivate the foreign investors to invest by entering in to BOT contracts by balancing the rights and obligations between the parties. Which are, now, envisaged to have legal and economic potential.

Feasibility study is an assessment of a proposed project to determine whether it is technically possible to be carried out, with the estimated cost, time and expected profitability. It’s necessary for all projects in which a large amount of sums is at stake. In other words, Feasibility studies are fundamental steps for defining the aims and illustrating the path for initiation of any project. This process will not be reachable without defining indicators for measuring success, evaluating results, and identifying the responsibilities and liabilities of each party. It is acknowledged that the general criteria of “Sustainable Development” are the required elements to give a permission to implement any project. In fact, the old approaches aren’t capable of solving the new problems. A new and comprehensive assessment for sustainability is needed in feasibility studies. To make a dissension as to the feasibility, it is vital to have especial references to, environmental, economic and social aspects. For accomplishing this goal, a legal backing is of utmost importance. At the moment the duty and responsibility of each party during the Feasibility studies process are not clear. This paper introduces new approaches for conducting project feasibility study by embracing the principles of sustainable development. In addition, it suggests different ways to mitigate damages with consideration of sustainable development from a legal point of view.

Oil Contracts such as many other international commercial contracts are so complex. There are many subsidiaries in relation to an international construction contract.. Disputes are inseparable part of almost all international long term construction contracts which deal with huge financial and human resources. It is more vital how to deal with disputes and solve them. Suspension or any stop in project works would definitely affect other subcontracts. There is new trend for resolving disputes out of courts by the way of ADRs. These techniques need to be regulated to guarantee the enforcement of the outcomes. Conciliation is one the ADR techniques. It will be argued that how the current regulations in Iran legal system might be harmonized by international conciliation rules. By the way of these updates the decision of a conciliator could be enforced as a judicial award . This approach could to some useful extend guarantee the cash flow and financial efficiency of construction projects in long term contracts.

Some contractual obligations might without the default of either party become incapable of being performed. The reason for this might be different. It might be because of difficulties for performance, or impossibility or frustration of the contract or even financially not recommended performance. Unforeseeable circumstances may also render the undertaken obligations unperformed. The question under this Article is to show how different systems of law tackle these problems. There is no doubt that the rights and duties of the contractual parties would be affected under such situations, many big companies might run into bankruptcy and something should be done to ease the parties relations. The ideology of law makers will certainly affect the responsibilities of the parties, which is dealt with here. More important than this is to provide that every theory which firstly creates equilibrium between the rights and duties of the parties and secondly keeps the previous balances of the parties undertakings at the time of conclusion of the contract or the appearance of an act or in-act by which the obligations are created by the legislature. Contracts should be kept alive as much as possible. The civil liabilities and contractual obligations which meet these requirements should be reinforced and performed for the benefit of the parties to the disputes and the society as a whole.

Sustainability as a predominant paradigm of 21st century, is adopted as the best approach to tackle the issues which threat the environment and people’s well-being. As cities in the world are places in which most of the population in the world settles, the best way of ensuring sustainability would be by observing a set of rules and regulations. There are various sets of urban regulations, rating systems, about sustainability in the globe with different names. In this article, six rating systems of ISCA, BREEAM, LEED-ND, CASBEE, Green star, DGNB were chosen to be evaluated. By this evaluation, one may determine their features as well as finding the most fitting rating system which can be employed to ameliorate present situation of Tehran which is a megalopolis and the capital of Iran. The rating systems were analyzed based on the ASTM E2432-17. The methodology selected for this research was qualitative since the research was exploratory, so structured interviewing applied to do so. Finally, the LEED-ND was recognized as the best rating system which is able to mitigate  unsustainable issues of Tehran. Consequently, related rules and regulations in Iranian legal system were investigated to find out if there is anything on which one can rely on implement urban sustainable development or prevent urban unsustainability. Although the comprehensive plan of Tehran can cover a lot of ground of LEED-ND, it is absolutely essential that parliament of Iran pass special acts supporting urban sustainable development, because the regulations passed by authorities other than parliament cannot give a full guarantee to implement urban sustainable development.

The rules and regulations related to the Contract Laws are developing progressively. It is so in many countries and communities. The “Principles of European Contract Law”, the “Principles, Definitions and Model Rules of European Private Law” and the “Draft Common Frame of Reference” are good examples in this respect. In Germany the reform of contract law, which had started in 1970, finally adapted after 30 years in 2001. In France the reform codified in particular a number of principles that have emerged in th e case law. After a decade of discussion, French Contract Law has finally been reformed by the way of an ordinance published on the 11th of February 2016 and came in to force on October 2016. The objectives of reform are notably the simplification for economic welfare, omitting the code clauses which are less effective, modernization and ultimately attractiveness of French Contract Law as wholly emerged in the case law by courts. Main aspects of reform are related to the extension of good faith to cover the negotiation and the conclusion of the contract, duty to inform, transparency, giving effect to unilateral promises to enter into a specified contract, revocation of promise, promise and option contract.The civil code of Iran is now 80 years old and many of its articles need to be amended. Iranian contract law is very similar to its French equivalent.

The principles and methods related to Sustainable development are emerging and evolving over time. The rapid growth of science and its specialization have led to a new phenomenon called "Science Divergence". Occasionally, different scientific activities have different and sometimes contradictory effects on a particular topic. Legal, management, and engineering activities related to the development of green buildings affect and influence each other. They are to some extent fallowing the science divergence phenomenon. Hence, it is vital to rearrange the efforts of these three activities (management, engineering, and law) in the same direction to avoid later conflicts. This will also be a great help to find an optimum path towards sustainability.
The main purpose of this study is to identify the requirements of constructing green buildings, by keeping technical, legal and management indicators and principals in mind; to ensure the achievement of the sustainable development objectives. For this purpose, a qualitative approach (snowball researching method) combined with a quantitative researching method was used. This study, resulted in designing a Legal Management Model regarding the requirements, obstacles and indicators of sustainable buildings.

The punitive damages awards are pragmatic forms of redress and intermediate sanctions against anti-social misconduct of the defendants. These kinds of awards do not have compensatory character, but extracompensatory ones. They will be given, in addition to the punishment and tort compensation, to the claimant in order to deter the members of the society from creating further damages towards the others, especially when the case of wealthy and powerful individuals and entities who undertake such misconduct is in issue. The present article explains that the Iranian Legal System did not deploy punitive damages against the defendants (people, entities, and foreign states) before 1999, to punish their misconduct. It only used to confine itself to the application of criminal, civil and tort laws. In the first part, after introducing backgrounds of punitive damages in foreign countries, and how it might work in international scale, the article describes the reasons by which this theory came to the attention of Iranian government. In other parts, the article explains the structure of punitive damages and clarifies the comparative advantages or disadvantages of punitive damages vis-à-vis other remedies and mechanisms available in Iranian Legal System. Finally, not only the article analyses the verdicts of U.S. courts against Iranian government and vice versa, but also considers whether the awards of punitive damages make sense to be issued by one state against the other or not.

When there is a title retention clause، the seller is the owner of the subject of sale. The buyer، might yet، sell the same chattel to a third bona fide person. In the conflicts of the interests of the owner and bona fide purchaser، the right of one of them should prevail. Iranian law and its religious background always prefers the right of the owner and neglects the right of the bona fide purchaser. In an international level، however، it is not so. Sale by non-owners is allowed in some systems of law. This article considers different kinds of title retention clauses and the rights of the owners and bona fide purchasers. Economic analyses of these rights lead the writers to support the bona fide purchasers. This would help the interests of the economic efficiency of the commerce as a whole. Opportunity costs would be lower and growth of the commerce would be more. This will amount to development of the countries which، in turn، would amount to the wealth of the universe as a whole. The rules and regulations should help to make the life of the people and merchants easier. The reasoning given in this article serves to support the bona fide purchasers، in order to reach the appropriate goal.

In this article، the evaluation of damages in international disputes with special reference to the oil and gas cases has been studied. It should be noticed as a fact that the breach of contracts or the breach of some sorts of obligations does not necessarily amount to payment of damages. In many cases، the evaluation of damages depends on the methods of evaluation uses. Therefore، the most important methods of evaluation، such as market value، liquidation value، replacement value، adjusted book value and discount cash flow methods، in the lights of legal principles are carefully studied. The courts or the arbitral tribunals decide which method is more suitable in the special case in question. There are a lot of issues to be taken into account. This article shows the most important related criteria which the judges or the arbitral should bear in mind when they are making their decisions. This will help them to reach into a conclusion which is just، reliable، advisable and finally acceptable to the parties to the disputes and the international commercial community as a whole.

After the Hiroshima and Nagasaki being bombarded by the USA and also the reactor catastrophe at Chernobyl and There Mill Island and etc., the whole international community became concerned about the damage and loss of life and properties, which might be caused by the nuclear incidents. Nuclear accidents show that, in addition to the loss of life and property, several other serious diseases occur after chronicle low dose irradiation. Distortions of the central nervous system are observed, especially mental illness, as well as malfunction of other organs. Therefore, it seemed necessary to discuss several matters in relation to the nuclear activities, including: limitations created by nuclear plants, and liability and responsibility for injuries and damages caused by them, risk of the use of nuclear energy for the environment, the main principles of the state liabilities, concepts of nuclear activities and incidents and the main civil liabilities of the states and operators. Under the light of these matters, in this article, some fundamental questions related to the international civil liabilities of the states for the nuclear activities are considered in detail. In addition to the discussion as to reduction of the risks, in above cases, the entities which are liable for the given type of damage and loss are dealt with. The international civil liability treaties which contain uniform provisions for the type of damage and loss covered, type of liabilities (i.e. fault based or strict), financial limitations of liabilities are also dealt with properly. We finally came into the conclusion that irrespective of many rules and regulations as to the civil liabilities and responsibilities of the states, there are still some deficiencies which are carefully discussed and dealt with in this article.

In response to the requirement under article 27 of the Biosafety Protocol to the Convention on Biological Diversity, further work is needed in order to clarify a system of liability and redress. The Protocol charts out a new direction in the growth and development of modern biotechnology, some concerns raised about biotechnology, such as safe handling, use, and transfer of living Modified Organisms (LMOs). For LMOs intended for direct use as feed, food or processing, the developed countries are, at the beginning, obligated to put in place domestic regularity frameworks, while developing countries, including those with economies in transition, need only make decisions based or risk assessments. The question of legal system for liability and redress left upon to be decided in future. The main objective of this review is to analyze the adequacy and relevance of such regimes to liability and redress for damage caused by transboundary movement of LMOs, in order to achieve this goal, several points including risk assessments, obligations of the states and operators, export and import of LMOs will also be addressed. Iranian National Biosafety law will also be considered. Then in the light of this study, we will consider different interpretation of article 27 of Cartagena protocol, and at the end it is concluded that it would be better if the liability is based on polluter pays principle. As for as the duties and obligations of the parties are concerned, it is important to consider not exempting the states from liabilities. This is because most entities engaged in biotechnology activities are national agricultural research centers. The states are liable both according to national tort law as well as the international public law, for their illegal acts and non-forbidden acts which cause damage to the others. While we believe that it is possible and foreseeable to achieve a goal to adopt an international regime on liability and redress in the context of the Cartagena protocol, this research could pave the way for a legally binding instrument in international regime in the future.

The law of civil liabilities considers a wrong actionable at the suit of the party injured. It would be beneficial if one briefly examines the law of torts of another country in order to know how the other Legal systems (e.g. English) work. Where a claim is in tort, the parties are usually complete strangers to each other, so we might be one of the parties to that accident. Each system of law has its own method of dealing with the rights and duties of the parties. Tortuous liabilities arise from the breach of a duty primarily fixed by the applicable law, and are reversible by an action for an antiquated sum.This article will help us to have some information as to the rules and regulations of the English legal system about civil liabilities, which is certainly useful for the Iranian lawyers; this would be the case especially when this system of law is applicable.