جستجوی مقالات مرتبط با کلیدواژه « Obstacles » در نشریات گروه « فقه و حقوق »

The World Trade Organization is the main organization for globalizing the economy and trade. This organization leads the countries of the world align with its policies by using its tools. Export and import related domestic laws non-compliance with WTO's approvals, is one of the existing challenges for countries permanent membership in WTO. This research through descriptive-analytical method, while analyzing the issues and different aspects of the subject by specific questions, analyzes the information collected through library and documentary studies. The main question of the Article is: What are the existing obstacles in Iran's export and import laws for permanent membership in WTO? The research findings indicate that considering Iran's observer membership to the organization, the issue of Iran's full membership in this organization has been raised in recent years and studies have been conducted about it. Therefore, it is necessary to adopt Iran's export and import laws in compliance with WTO's approvals. This Article makes it possible to use the best and most useful methods through examining the procedures of eliminating these obstacles.

Auditory narcotics are sound stimuli that are used through the auditory faculty, and by having the characteristic of neural conditioning, they simulate the unjustified states of other known traditional and industrial narcotics with the minimum sensory level of alcohol and the maximum consumption of heroin in the neurological faculties of the users. they do This research, using the library method and practical purpose, analyzed and described the criminological foundations and reasons for the tendency towards this sinister phenomenon and it was determined in this regard; This unknown approach, due to the indifference of civil norm-making institutions and weakness in internalizing its social ugliness, is devoid of the characteristic of drug labeling and shaming, and due to weak self-esteem; Imitation and change in lifestyle and social leisure, as well as the curiosity of drug users in experiencing the false excitement of recombinant sounds, the preferential tendency to use it has increased, especially among people with behavioral risk, and for this reason, social control and the adoption of preventive measures, including Public and criminal in it has faced a serious challenge due to the nature of beneficial choice and the speed of action in consumption, as well as the secrecy of the identity of the user and the lack of obstacles in education and the deprivation of opportunities for use and the emergence of the inherent characteristic of the movement of the criminal.

Great revolutions in order to build civilization need long-term strategies and plans in order to achieve the set goals and ideals, therefore, recognizing and analyzing the problems and obstacles facing revolutions along with the requirements for realizing these goals is one of the important prerequisites for building civilization. Thus, investigating and understanding these obstacles and requirements, emphasizing the Islamic Revolution of Iran, is one of the goals of the present research. What are the obstacles and requirements in the civilization process of the Islamic Revolution of Iran? The hypothesis of the research emphasizes the existence of internal structural obstacles and external cultural obstacles in the path of civilization of the Islamic Revolution of Iran. In this research, a qualitative method with a descriptive-analytical approach was used in order to present a pathological writing about the obstacles and requirements facing the goals of the Islamic Revolution, based on the theory of Spragens Research Method" based on documentary and library methods, and the collection of materials through Many books and articles have been scanned. The findings have confirmed the claim of the research hypothesis and have shown that the Islamic revolution is facing various internal and external obstacles to achieve its civilizational goals.Keyword: Islamic revolution, civilization, civilization, obstacles, requirements,

Background and purpose:

Economic crime have led to destructive effects and negative economic consequences for the country. Special characteristics, including low visibility, high dark figure, dynamism, wide scope of danger, and special information make detection of these crimes difficult. Thus, secret entrapment operations can be considered as a suitable solution to fight against this type of crimes. However, the lack of recognition of the necessities of and obstacles to the enforcement of secret entrapment operations for economic crimes will cause doubts both in the enforcement or non- enforcement of these operations as well as in the public’s minds, making them unoptimistic towards the nature of such operations. This study attempts to answer the questions that: “what are the main obstacles and necessities of the enforcement of the secret entrapment operations for the economic crime of money laundering?” and “how can these necessities and obstacles be explained?”

This study is descriptive-analytical and has investigated and analyzed the above-mentioned questions using the library and note-taking methods.

While explaining the necessities and obstacles of the enforcement of a secret entrapment operation for the economic crime of money laundering, this study can be successful on the one hand for guiding the police, designers and operators of secret operations in the enforcement of secret entrapment operations, and on the other hand, increase the public's trust in the police and judicial system.

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) is the most successful multilateral document in the field of international trade law, designed to increase the efficiency of the arbitral institution. This document, as one of the most important transnational documents on which the main framework of the international arbitration regime is based, has been created with the aim of facilitating the implementation and effectiveness of arbitration as much as possible. However, Article 5 of the New York Convention has been provided for a condition that, if fulfilled, the non-enforcement of the judgment would be arbitrated. Some of these cases, according to Article (1) 5, require citation and proof by the defendant of the arbitral award in the country where the request is made and are limited to the territory of the court that recognizes or enforces the award. Others, according to Article (2) 5, prevent the implementation of the needs required by the court of the country of identification and implementation, and cases such as public order, and the applicability of the dispute. This article examines the reasons for refusing to recognize and enforce arbitral awards to address the principle of narrow interpretation in favor of enforcement and the exclusion of the grounds for non-recognition and enforcement set forth in Article 5 of the Convention. The New York Convention and International Commercial Arbitration Act of Iran are reviewed in comparison to each other.

Arbitration has become more complex following the spread of this method of resolving commercial and investment disputes, especially with the growth of multi-party disputes, leading to several problems, including parallel and different proceedings. Some legal systems have recognized the consolidation of arbitral proceedings to avoid the issuance of conflicting awards and thus protect the rights of multiple but relevant parties to the arbitration on the one hand, and to increase the efficiency of arbitration by reducing costs and duration of proceeding on the other hand. The consolidation, as the case may be, is contingent on satisfaction of requirements including the consent of the parties, the equality of the arbitration agreement, the uniformity of the parties and the basic legal relationship, the legal authority to issue a judicial order to consolidate, and also its desirability. Nevertheless, disadvantages of the consolidation of arbitration proceedings into the constitution of a new arbitral tribunal, namely prolongation of the proceedings and violation of confidentiality and the principle of party autonomy, have also been considered. This article, while analyzing the above issues, examines other aspects of the consolidation, such as its kinds and position in arbitration laws and regulations, obstacles to the consolidation, the governing law, and the competent authority for consolidation. Considering the lack of a specific provision under Iranian arbitration law, the consolidation of arbitrations can be sufficiently justified by the rule of wisdom and through relying upon the criterion of the combination of related court proceedings.

At present, Iran's neighborhood with the Central Asian region is based on Iran's geographical capacity. Turkmenistan is one of the countries in the region that is important for the foreign policy apparatus based on the principle of neighborhood policy and having a common border.In this regard, the question of this article is, has Iran been successful in using the capacities of its neighborhood policy towards Turkmenistan? It seams, it should be said that despite the special features of Turkmenistan's neighborhood for Iran, Iran has not taken advantage of this opportunity as it should For reasons such as; Lack of macro strategy and clear strategy towards this country in the foreign policy apparatus, influence of regional and international actors, especially the United States Basically, one of the main conditions and principles in neighborhood policy is the satisfaction of neighbors with each other and one of its main pillars is to maintain and establish stability in relations. It also identifies all existing capabilities in the economic, political, security and cultural fields. This principle has not been very much established in the relations between the two countries, despite the expression of mutual desires and needs of the two countries. Therefore, Iran should take serious steps to increase bilateral interactions in all recognized dimensions and serious participation in regional cooperation.

Arbitration, as a dispute resolution method, is a contract by which the parties entrust the resolution of current and possible future disputes to their trusted persons in a special transaction, and undertake to implement their judgments, without referring to the courts of law. they do. The arbitrator's decision is the final goal of the arbitration. In the meantime, obstacles and problems may arise during voting, and these obstacles and problems are evident in both domestic and international voting. The implementation of domestic and international judgments in judicial authorities faces legal and judicial problems, some of which are due to legal violations and ambiguity, and the other part is due to the lack of sufficient judicial procedure in the issue of implementation and recognition. The non-appealability of an arbitrator's decision against a third party, as well as the absence of an independent institution to implement the arbitrator's decision within the arbitration institution itself, are examples of problems and obstacles governing the implementation of arbitration decisions. In Iran's legal system, there is a restriction for public and government entities, which has shown itself in the form of Article 139 of the Constitution of the Islamic Republic of Iran. This principle is complete in terms of predicting a supervisory and control mechanism regarding public and government property and assets, but it brings inappropriate effects and consequences in business relations and especially attracting foreign investment, and with the nature of business affairs that speeding up the It is business affairs, it is in conflict. In the present article, an attempt is made to explain and discuss the obstacles to the implementation of arbitration decisions with descriptive-analytical method and library study through data collection.

A contract that has highly attracted the owners of industries, private employers, and even the public sector in recent ten years in Iran is the engineering fixed-price contract, complete project supply contracts, construction provided the project be financed by the contractor or engineering, procurement, construction, and finance (EPCF) contracts.Under this contractual term, a comprehensive agreement is compiled by combining two separate yet completely associated parts. One part includes the statement of work, the executive operation of the project, work methods and standards, inventories, commodity-procurement sources, technical plans and documents, required equipment and instruments, and other conventional elements in the EPC contracts. The other part encompasses the conditions, methods, and financing mechanisms.

Theoretical Frame Work:

The EPCF contracts were officially introduced to the ground of various types of service agreements in 2012, following the official dispatch of “guidelines for the use of EPCF in selecting qualified firms” by the Deputy Minister of Petroleum for Trade & International Affairs.Despite its simple structure, this contract is regarded as an innovative type of contract in Iran. However,  due to the multiple ambiguities and deficiencies caused by the regulations appertaining to the preparation of this type of contract, it has been subjected to several restrictions in the tendering process and execution of the contract. Regarding the popularity of this type of contract, if the said restrictions are neglected, they can both prolong the negotiation process and create some unsolvable legal and financial problems.

The present study was conducted using a descriptive research method and incorporated the data with quantitative-qualitative nature. The key restrictions of this type of contract in terms of foreign investment and international project financing were legally discussed in this study, considering the written and legal documents (i.e., EPCF contracts belonging to Isfahan Mobarakeh Steel Company), face-to-face interviews with the EPCF experts, and asking them for their opinions using Likert survey questions. The study also addressed the ranking of these restrictions in the pre-assessment of the EPCF contracts compared to other usual commercial contracts. Finally, having interviews with those working in the field of EPCF contracts and considering the specific nature of the contract, the present work attempted to identify, analyse, and describe the relating problems.

The study was carried out on the 60 contracting institutes. It was demonstrated that these contracts have not been practically very efficient in Iran, despite all their advantages, and ten years after their initial drawing up and application, contractors and employers still have no positive attitude towards this type of contract. Indeed, based on our findings, the main existing obstacles before the investment through EPCF contracts include: failure by the Management and Planning Organization of Iran (MPO) to draw up fair EPCF contracts,  the transfer risk of the change in values, the contractor is responsible for the transfer risk of unpredictable items at the end of the project [as stated by contractors], no prediction for the excitation of the said contract by holding the tenders by the governmental organisations and the prolonged contract financing [as stated by employers], and in some cases, the inability of the contracting organisation for financing from the beginning to the end of project. Besides, there are some other problems, for instance, this contract is not recognized and prevalent for financing by foreign parties, the fixed-price EPCF contracts, early repayment following the opening of the project by the executors, financing supervision by the executor carefully , the timing of capital injection into the project, ambiguity of the financing method in the contract (organisational/project), and failure to offer proper and acceptable guarantees to the financing institutions. Compared to other prevalent commercial contracts, the EPCF is the most challenging among service/investment-based contracts.

Conclusions and Suggestions:

To eliminate the existing restrictions in the EPCF contracts, some of the issues were presented here as the research proposals, including failure by the Management and Planning Organization of Iran (MPO) to draw up fair EPCF contracts to better clarify the aspects and functions of this contract to contractors and Iranian and foreign financing institutions, modification of the definitions provided in the guidelines for the use of EPCF system in the selection of the qualified firms by the syndicate and legal authorities in line with the integration of institutional or project financing methods, determine the possibility and impossibility of referral to the assets of employer by the EPCF contractor, modification of the mechanisms of granting of guarantees to the contractors and the financing institutions and observance of the motivations of a third contractual party to the EPCF contracts (i.e. the financing institution) to improve the attractiveness of EPCF contracts for investors, taking into account the sanctions related to dispossession or reimbursement of the procured financial resources after project profitability to prevent any intentional delays by the contractors, etc. The findings of this study can provide certain implications to investors, lawyers, parties involved in the EPCF contracts, firms acting to conclude development contracts, and procurement counselors in signing the study contract.

United nation peacekeeping operation as subsidiary organs of the United Nations Security Council enjoys the privileges and immunity. In some peacekeeping operation there are reported violations of human rights and humanitarian right abuses committed by peacekeepers. But their immunity prevents them from prosecuting in court of host state and the only competent court to hear their crimes is national court of sending state as well as ICC. Though the immunity is not obstacle for ICC in prosecution peacekeepers, but there are some other Obstacles and limitations for ICC in prosecution of crime such as jurisdiction of the Court, because the court does not have jurisdiction to hear all crime and its jurisdiction is for the most serious crimes of international concern. And according Rome Statute of the International Criminal Court article 98(2) some states have bilateral agreement. This agreement calls “Article 98 agreements “which prevent some state national from ICC prosecution. In addition the ICC can prosecute member of the Rome Statute but if the cases were sent from security council of UN the consent of any state, whether member or non-member, in not condition for ICC jurisdiction.

The purpose of forming a contract is realizing the joint volition and fulfilling of its consequent obligations. In the event of a breach, in the Romano-Germanic system of law, Iran and some other countries, the obligation of the covenantor to fulfill the specific performance has been recognized as a fundamental principle and the covenantee, only in the case of the impossibility of obliging the covenantor, can take action to terminate the contract and claim for damages. In Common Law, obliging to specific performance is accepted as an exception and only in certain cases. In this article, the right to choose the most appropriate means of achieving the contractual purpose and securing the covenantee's interests including the request to specific performance or termination of the contract or claim for damages, or changing or replacing the obligation are preferred in terms of basis and economic efficiency. As in the new international instruments such as the Principles of International Trade Contracts (2016), the Principles of European Contract Law, the draft Common European Sales Law, the Civil Code of France (2016), the Civil Code of the Netherlands and Germany and the UK Consumer Rights Act (2015), the right and freedom of the beneficiary to choose the method for confronting the breach of the contract and remedy are accepted. The obligation to specific performance, whether being accepted as a principle, or an exception or a power, may be subject to two categories of barriers and restrictions arising from the status and nature of the obligation or circumstances after the conclusion of the contract.