Azam Amini; Mohammad Abedi; Elnaz Nesari
Abstract
Procedural Principles Ruling the Utilization of Tigris-Euphrates River Basin. Procedural principles represent a normative framework and play a notable role in regulating water law. In addition, procedural principles could help in preventing the occurrence of disputes. Cooperation, evaluation of environmental ...
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Procedural Principles Ruling the Utilization of Tigris-Euphrates River Basin. Procedural principles represent a normative framework and play a notable role in regulating water law. In addition, procedural principles could help in preventing the occurrence of disputes. Cooperation, evaluation of environmental impacts and the principle of information and consultation with related countries are the most important procedural principles. These obligations reflect customary rules of law and also are specified in many bilateral, multilateral and international documents. Considering procedural principles together with the practice of Tigris-Euphrates basin countries illustrates that although the neighbouring countries are members of multiple international and bilateral agreements and organs, but in practice the region lacks an effective and sustainable approach in implementing the procedural obligations, which has been leaded to negative impacts on substantial obligations such as no harm and equitable and reasonable utilization.Tigris and Euphrates basin, Procedural Principles, Obligation to Cooperation, Obligation to Evaluate Environmental Impacts, Obligation to Information and Consultation
Azam Amini; Alireza Ebrahimgol
Abstract
The Islamic Republic of Iran's law for jurisdiction of Iranian judiciary for proceeding with the civil suits made against foreign states was adopted in response to the judgments made by the US courts against the state government of the Islamic Republic of Iran and its related organizations and breach ...
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The Islamic Republic of Iran's law for jurisdiction of Iranian judiciary for proceeding with the civil suits made against foreign states was adopted in response to the judgments made by the US courts against the state government of the Islamic Republic of Iran and its related organizations and breach of their immunity. However, irrespective of the validity of those decisions, now there are many various decisions, valid and enforceable under each state domestic law, issued by the court of each state against the other state. Under the US laws and regulations, resolving disputes arising from those decisions is the legal precondition for normalization of the relations between the both states. The 1955 Iran-US Amity Treaty will provide the national and international legal basis for such a settlement through resorting to the international court of justice and other means of friendly dispute settlement including arbitration. Historically, there are different ways for this resolution such as concluding lump sum agreements, establishment of foreign claim settlement commission, and international mass claim procedure (IMCP). All these methods have their specific virtues but it seems that the IMCP method is a more suitable way for settling disputes arising from decisions issued under those immunity Acts.
