شناسایی

The objective of the present article is to examine the recognition and enforcement of foreign judgments in Iranian law with a view to judicial practice. The results indicate that, in the Iranian legal system, foreign judgments are enforceable when the issuing country, according to its domestic laws, or through a treaty or court order, recognizes judgments issued by Iran as valid. If a foreign judgment is rejected by an Iranian court due to incompatibility with Iranian public order and good morals, contradiction with international treaties, involvement with immovable property located in Iran, or inconsistency with a foreign judgment previously issued by one of the courts in Iran, such foreign judgments cannot be recognized and enforced in Iran.At times, judicial practice reveals that courts face a state of confusion when dealing with the enforcement of foreign judgments in Iran. For instance, in one case, an Iranian family court, when reviewing a request for the recognition and enforcement of a divorce judgment issued by a Danish court, without issuing an enforcement order, delved into the merits of the case. In response to the plaintiff's request, the court adjudicated the request for recognition and divorce in accordance with Iranian law, considering the requested judgment as a presumption and indication for its own divorce ruling. Following a substantive review, the court issued the divorce judgment based on Article 1130 of the Iranian Civil Code.In another separate judgment, the court addressed a request for the recognition of divorce and, based on the reasoning that the divorce judgment issued by the California Supreme Court indicated the termination of the marital relationship and that its compliance with Islamic marriage regulations and the performance of the Islamic divorce formula under Islamic conditions were confirmed by an Islamic marriage registrar, the court recognized the California judgment pursuant to Articles 6 and 972 of the Iranian Civil Code.

Mediation has become a popular method to resolve disputes and many countries all over the world try to encourage the parties to resolve disputes in this way. The main concern about mediation is enforceability of mediated agreements. The United Nations and the European Union have implemented the measures to solve this problem such as adoption of the European Union Mediation Directive (2008) and Singapore Convention (2019).The most important discussion in these two provisions is implementation of settlement agreement that is reached as a result of mediation. within a comparative perspective, this article explains how a dispute settlement agreement is implemented according to the Singapore Convention and the EU Mediation Directive. Also, in this article, the legal attitude of Singapore, as one of the first ratifiers of the Convention, and the approach of the Iranian legal system to the issue, according to the government's bill to join the Singapore Convention, have been investigated. Finally, specific proposals have been presented in the field of choosing the executive regime of international commercial dispute settlement agreements.

Arbitral awards are presented and reviewed in various categories. A well-known classification consists of domestic arbitral awards and foreign ones. Within these two categories, the procedural rules, the method of trial, applicable laws, the writing of judgment, subsequent processes, and enforcement proceedings are different from each other. The recognition and enforcement of foreign arbitral awards have been accepted more or less based on principles and objectives similar to those governing foreign court judgments. This measure demonstrates the flexibility of our national legal system regarding the principle of national jurisdiction and the authority of domestic judicial decisions, and possesses both legal and political benefits. From a legal perspective, it reflects the will of our legal system to promote and strengthen justice and from a political one, it contributes to legal relations and judicial cooperation on a global scale. Therefore, the Iranian government provided this possibility in 2001 by acceding to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Also, by gathering conditions and backgrounds from the provisions of Chapter 9 of the Civil Enforcement Law (Articles 169 onwards), a special courtesy can be considered in order to accept the request, review and make a decision on the recognition and enforcement of foreign arbitration awards, including the establishment of a special branch of the Tehran General Civil Courts. In this article, by selecting a judgment issued by a specialized branch, we examine the way the Iranian judiciary deals with the aforementioned issue and the important points and elements regarding this matter.

As outlined in the Statute of the International Court of Justice (ICJ), the principles of law are directly invoked as a main source of international law for addressing legal disputes. These principles also hold significant standing within the domestic legal systems of individual states. However, in the international law, the principles of law typically serve to address potential gaps, ensuring that legal proceedings can continue uninterrupted before the courts. There is currently a broad consensus that the general principles of law, as delineated in Article (38) of the Statute of the ICJ, include the principles of both national and international legal systems. Yet, the general principles of national law are mainly recognized by the judicial authority in domestic contexts and applied as a distinct principle in the international law. For some legal scholars, the inclusion of Paragraph (3) of Article (38) of the Statute of the ICJ, which allows for the invocation of the general principles of law, is a significant milestone in the international law as it makes the states acknowledge a third source alongside treaties and custom. Some argue that the text-based interpretative approach, as employed by the arbitration and judicial courts, had gained recognition as a general principle of law prior to being formally acknowledged in the 1969 Vienna Convention on the Law of Treaties. Others contend that the general principles of law are characterized by a general, universal nature. In other words, these principles work more openly in dealing with value-based arguments and as such establish rights in a manner particularly evident in the regimes of international human rights and international humanitarian law.The present study aimed to examine the approach adopted by the International Law Commission (hereafter referred to as the Commission) towards the topic of general principles of law, as well as Iran’s stance in response to the Commission’s approach. Specifically, the Commission has demonstrated a keen interest in studying the sources of international law over the past two decades. Meanwhile, the approach presented in the last three reports by the Special Rapporteur has sparked considerable debate and controversy among proponents and critics alike, primarily concerning the identification of general principles of law derived from the international legal system. The representative of the Islamic Republic of Iran in the United Nations General Assembly Sixth Committee has also voiced opinions regarding those reports.

The discussion on the general principles of law has been relatively rare in the Persian-language studies. The topic typically finds its place in the general books on international law, especially in the sections dedicated to sources of international law. Yet, there are a few Persian-language studies that specifically address the issue. For example, in the article titled “The Nature of the General Principles of Law and Their Functions in International Law,” Mahmoudi (2018) studied the scope and function of general principles of law as well as their roles during the implementation. However, Mahmoudi’s research predates the Commission’s study, so it could not deal with the reports of the Special Rapporteur of the Commission. Moreover, the present study explored the Iranian perspective on the general principles of law, as evidenced in the statements made by the representatives of the Islamic Republic of Iran in the United Nations General Assembly Sixth Committee.

First, the present study used a descriptive approach to examine the three reports issued by the Special Rapporteur of the Commission. It then analyzed Iran’s perspectives on the reports, concluding with an analysis of Iran’s stances.

The present study aimed to examine the Commission’s methodology in studying the general principles of law, followed by an investigation into Iran’s stance concerning the Commission’s conclusions. According to the findings, Iran’s approach to the Commission’s reports on the general principles of law appears to be acceptable in some aspects while warranting further consideration. The positive aspects of Iran’s approach include highlighting the premature presentation of draft materials by the Rapporteur in the initial report, considering a non-hierarchical approach among sources, and advocating for a comprehensive methodology in extracting general principles of law from all legal systems. Conversely, there are aspects that merit reflection, such as solely relying on Article (38) of the Statute of the ICJ for reviewing general principles of law, acknowledging the role of international judges in crafting rules when confronted with legal gaps or ambiguities, recognizing the framework of customary rules as a means to establish general principles of law, basing subordinate rules outlined in Article (38) of the Statute (including the judicial precedent and doctrine) on the general precedent and legal beliefs of states. Regarding the most challenging aspect in the work of the Special Rapporteur on the general principles of law, it must be acknowledged that a review of the third part of Paragraph (1) of Article (38) of the Statute of the ICJ indicates that extracting general principles of law from the international legal system cannot be inferred from Article (38) of the Statute. Therefore, the Special Rapporteur should seek justification beyond mere reference to Article (38) of the Statute.  

The general principles of law hold significant importance within the international legal system. This significance is underscored by the former president of the ICJ, who emphasized that the relevance of general principles will continue to grow, particularly as courts encounter new challenges where existing legal regulations may not suffice, or where there is a need to consider fundamental values recognized by the international community as binding legal regulations or principles applicable to specific conditions occurring in inter-state relations. The present study could offer a sound analysis of Iran’s perspective in light of developments in international law pertaining to general principles. Critically examining and scrutinizing these viewpoints can direct the attention of the Iranian international law community towards the importance of acknowledging Iran’s approach to international law. This, in turn, could facilitate the indirect involvement of Iranian jurists, enhancing the legal stance of Iran’s representatives in the Sixth Committee and other avenues for demonstrating Iran’s approach to formulating international law. Iran’s participation in the Sixth Committee, particularly in reviewing and providing feedback on the Commission’s studies, is inherently a positive move, fostering Iran’s engagement in formulating international legal regulations.

Since Arbitration is one of the most efficient and modern ways to settle a dispute, particularly those of commercial lawsuits, in view of the fact that our country is considered consumer and developing, it seems essential that jurists must become familiar with laws and regulations of arbitration. This was not an area under discussion by researchers; in fact, one would say there is almost no independent study for arbitration here. This article has a descriptive-analytical approach using library method to examine the questions. The findings in this research show International Commercial Arbitration Bill follows the Model Commercial Arbitration Bill; it forms rules about interpretation, correction, revision, recognition and enforcement of arbitration’s award which is the innovations of new law. Arbitration’s award has different aspects; one is interpretation, correction and revision, supplementary decisions, recognition and enforcement of an award. Exploring the issue may raise some questions; what would be the referring text for interpretation, correction and revision, supplementary decisions, recognition and enforcement of arbitration’s award under Iran’s law and UNCITRAL arbitration rules? What qualification would be needed to be met for that? What approach would be the approach of arbitration’s award under Iran’s law and UNCITRAL arbitration rules? How would be the recognition and enforcement of an award under Iran’s law and UNCITRAL arbitration rules? This article tries to analyze and answer these questions and some more.

Identity diversity within the territorial boundaries of legal systems has given rise to concepts such as multiculturalism and the legal recognition of minorities, which have sparked significant theoretical debates. One of the fundamental challenges in the legal recognition of minorities is the oppressive nature of some of their group norms, and prevailing theories in the discourse of multiculturalism have sought to address this issue in various ways. Frank Lovett has focused his theoretical efforts on reinterpreting and retelling multiculturalism from the perspective of the theory of Freedom from domination, aiming to resolve the conflict between the two and provide a theory of minority recognition that remains faithful to the moral ideal of Freedom from domination. This Article seeks to explore the intellectual and historical foundations of the legal recognition of minorities, to present and analyze Frank Lovett's domination-based theory, and to evaluate the transformation his theory has brought to the discourse of recognition. Through a conceptual analysis of the studied theory, this Article concludes that Lovett’s theory, by fully departing from the dominant paradigm of recognition politics, cannot be considered a theory of legal recognition of minorities, but rather a critical interpretation of recognition, repurposed for an entirely different goal.

The ultimate goal of arbitration is fulfilled only when this process can finally resolve the dispute of the parties. Therefore, the end of the proceedings through arbitration must necessarily mean the end of the dispute between the litigants. A conflict in the implementation of the arbitrator's decision is possible, in addition to eliminating the benefits of resolving the dispute in a peaceful manner, it may lead to greater complexity of the proceedings and dispute resolution. In general, through the application of principles such as the validity of the terminated matter, merger, pending litigation, clauses of irreversible selection, clauses of denial of benefits, suspension of the proceedings, parallel proceedings and consequently the conflict of rulings can be prevented to some extent; And if there is a conflict, since the recognition and enforcement of foreign arbitration rulings is in the territory and jurisdiction of the procedure of the country of execution, the ruling will be dealt with according to the legal system of that country. Therefore, the laws and procedures should take measures in a uniform and preventive manner to avoid this challenge and the litigants reach their final goal in an easier way than the proceedings and its formalities. Also, by concluding international treaties and creating uniform procedures in the field of international commercial arbitration, we can hope to find a solution to the problem. In this article, the authors will refer to the explanation of the topic in a descriptive and analytical way.

Recognition and enforcement of arbitral awards by the competent court  when the judgment debtor does not comply with the award willingly is the last step in the settlement of a disputes through an agreed arbitration procedure. The recognition of the arbitral award by a court grants the arbitration awards an enforceability likewise the judgement of a courts. Recognition and enforcement of arbitration awards by the courts upscales such awards to an enforceable and binding level as it’s enforceability has been endorsed by the law. Moreover, when an arbitral award has been recognized by the court, then the outstanding case shall enjoy the status of a res judicata award which bars the parties to the dispute to take the case to the court or the arbitral tribunal again. The recognition of arbitral award has been mainly focused in international arbitration and in international legal literature such New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (1958) as well as in ICSID Convention for settlement of disputes between foreign investors and sates. However, less attention has been paid to the step of recognition in national arbitration awards, yet it calls for a closer consideration under the national applicable law of the seat of arbitration or the place of its enforcement. The study of judicial precedents in Iran proves that recognition of an arbitral award is likewise a prerequisite for its enforcement. Under Iranian law an arbitral award could be enforced by the court when it does not contradicting the public policy, mandatory rules of law, and the rules of substantial law  granting/securing  a right. Consequently, when a court order for enforcement of an arbitral award, in fact the court has preliminary recognized its enforceability and its conformity with  these three said criteria. In this way, the recognition of a national arbitral award should be considered as a distinguished step in the process of its enforcement. This paper, by looking to the Iranian court precedent, intends to answer to the questions relating to the legal nature and consequences of recognition of a national arbitral award, as well as explaining the procedural rules applicable to this concept, such as the method and form which should be followed for such a request, the legal nature of the court’s decision on this matter, and whether this decision is subject to appeal or not.  However, it should be noted that, due to lack of an integrated system for record and publishing of court’s judgments in Iran this research has been confined to the available records.Under Iranian court’s practice and precedent, the recognition of an arbitral award may be requested from the competent court by a “request” from the beneficiary party and  it is not necessary to file a “petition” as requested for bringing substantial claims before a court . The court shall deal with such a request as a matter of procedure and not as a matter of substance by checking the procedures followed by the arbitral tribunal. The court may not invite the parties for a hearing session and is not obliged to follow the default rules set out for proceedings in other cases. The decision of the court on the matter of recognition shall be in the form of and “order or decision” by the court, not a judgment, stating the recognition or rejection of the arbitral award. Such a decision may be subject to an appeal like any other decisions of the courts. If the arbitral award has not been recognized by the court, which means in practice the request for its recognition and enforcement has been rejected by the court, the same case cannot be heard by the arbitral tribunal again, but it should be heard by the competent court. However, according to the dominant practice of the courts, the arbitration agreement shall be survived for any other disputes might arise out of the same contract.In the light of judicial policy of Iranian government to pursue people to the out of court settlement of their economic and commercial disputes, in particular by promoting  mediation and arbitration, Iranian courts have recently shown more tendency to support and help in recognition and enforcement of national arbitration awards. This approach has been demonstrated in the court decisions and judicial precedent referred to in this paper. In brief, the importance of  stage of recognition of an arbitral award should not be broadly interpreted by the courts to jeopardies the said policy,  promotion of arbitration and enforceability of the arbitral awards.

One of the topics of private international law, which is constantly increasing in importance due to the development of political and economic relations between countries at the international level, is the need to identify and enforce judgments issued by foreign courts. The Hague Conference on Private International Law has adopted The Hague Convention 2019 to standardize the rules governing the recognition and enforcement of foreign judgments. In Iranian law, the conditions for recognition and enforcement of foreign judgments are stated in the Civil Judgments Execution Law. However, harmonizing the rules on the issue with international standards can promote effective access to justice, trade facilitation, and cross-border investment. Therefore, the present study aims to investigate the possibility, necessity, and effects of the adoption of the 2019 Hague Convention Judgments in Iranian law, considering the similarities and differences between the two in terms of territory, conditions, and obstacles to identifying and enforcing foreign Judgments. By combining the two, take a step towards the legal development of the country. Studies have shown that the flexibility of the rules and regulations of the Convention has facilitated Iran's accession to the Convention, and the political and economic effects of accession to the Convention have necessitated its ratification in Iran. There are many similarities between the two in terms of conditions and aspects of refusing to recognize and enforce foreign judgments.

The interference of the interests of private individuals and the sovereignty of states in the field of international relations has led to the recognition of foreign court judgments relying on various doctrines on international relations, such as comity and reciprocity. The application of these doctrines makes the rights of private individuals dependent on the conduct and interaction of conflicting governments. Alternative theories have also failed to provide an accurate and unambiguous criterion for recognition of foreign judgments and persuading governments to amend their regulations. Conclusion of international treaties, albeit regional and bilateral, as the superior way to recognition of foreign judgments is the only way to establish legal stability, avoid double litigation, and prevent the issuance of conflicting judgments in today's divided world. In a world with a high level of cross-border communication, it is necessary that the judgments of the courts can be cross-border. But achieving this goal is possible only with the cooperation of governments, flexibility to foreign judgments and acceptance of commitment within certain frameworks.

In order to fight back the harmful effects of money laundering, international law has arranged different mechanisms like systems of identifying customers, classifying customers based on their risks, systems of monitoring customer operation flow to identify suspected items and … in important documents like Vienna, Merida, Palermo Conventions, the Convention for the Suppression of the Financing of Terrorism and the Financial Action Task Force (FATF) and issued some requirements and recommendation for preventing and fighting money laundering. Thus, it is necessary for all countries to modify their internal laws and regulation to be consistent to the international regulations.Banking and law system of Iran has passed and modified some important regulation for fighting money laundering like formulating and issuing new directives and guidelines, passing new laws for fighting money laundering and suppression of the financing of terrorism and limited adoption of FATF which can be considered as good steps.  However, given the fact that Iran has not joined to some international conventions like Palermo, CFT and FATF, Iran has not been successful to match itself to the new international laws and regulations on fighting money laundering fully.

Considering the effective role of the family institution in relation to other social institutions in preventive measures and the bilateral relationship between this institution and drug addiction and their effects on each other; On the one hand, addiction leads the family to stagnation and decline, and on the other hand, it is a phenomenon that is partly rooted in family social issues. Therefore, the aim of this study is to identify and prioritize home-based prevention factors of children 's tendency to addiction.

The present study is applied in terms of purpose and in terms of nature is exploratory research and in terms of data collection method is quantitative-qualitative Q-type. Participants in this study were 40 specialists such as university professors in the fields of sociology and psychology, judges, family counselors, law enforcement officers, social emergency experts and members of the Anti-Narcotics Coordination Council who were purposefully selected. The data collection tool was a researcher-made questionnaire which was measured by content validity method and retest method was used for reliability. In order to analyze the data from the nonparametric test; W. Kendall was used.

The results showed that the first effective family component in relation to addiction prevention is the knowledge-enhancing factor of life skills, especially problem-solving skills with an average of 14.69. The factor of increasing mental health (self-esteem, peace of mind, self-efficacy, relief from stress) with an average of 12.94 and the factor of spirituality and attitude and practical adherence to religious values ​​with an average of 11.81 were ranked second and third, respectively.

Considering that home-based prevention has an effective role in reducing children's tendency to use drugs and psychotropic substances. Accordingly, in order to have growing, healthy and balanced families and, of course, a healthy society, it is necessary to pay special attention to the preventive components of the home.

Unlike international commercial arbitration, where the issue of recognition has been explicitly considered as necessary requirement of arbitral award enforcement, in domestic arbitration there is no specific provision about recognition in the Act relating to the enforcement of internal arbitral awards. Therefore it is debated whether recognition is essentially a requirement to the enforcement of such awards or if the court is bound to enforce arbitral award if it is not revoked by the competent court and cannot refuse to enforce such award in contravention of obligatory rules or public order. In Iranian law, the position of Article 489 of Civil Procedure Code is not clear and there is a disagreement in the judicial process as to whether recognition is necessary for enforcement. While in Australian law, because of similarity between rules governing the recognition of domestic arbitration with international arbitration, there is no discussion in this matter. This article examines the recognition and enforcement of domestic arbitral awards in Iranian and Australian law and provides practical solutions for our country's legal system. The purpose of this paper is to recognition and enforcement of internal arbitration in Iranian law and Australian law and to provide practical solutions for the Iranian legal system.

Any change, correction or change that occurs in a person's gender and his current status in terms of being a woman or a man with his previous state, is different and is called gender reassignment and in other words is a disorder in sexual identity. Today, it is relatively easy to issue a gender reassignment permit without providing its infrastructure and necessary items, and it is legal in Iran. Gender reassignment is very important not only medically but also from a jurisprudential and legal point of view, and the issues of its permission or not, or its legality and legitimacy are very important, because gender reassignment depends on marriage, dowry, alimony of wife and children, province, Guardianship and custody of children, family titles and relationships, and inheritance are influential. Therefore, the main question in the present article is what is the jurisprudential and legal status of the phenomenon of gender reassignment, which has been tried to be discussed by descriptive-analytical method, library study and collection of resources.

The exclusive application of the bilateral method to the Iran private international law entails some issues. In the stage of creating the right, this method determines the foreign law in areas where the jurisdiction of the substantive law of the court is well-established. In addition, this method does not justify the renvoi. The reasoning of the logical analogy of the method and the impossibility to adapt the rule to specific issues is problematic. In the stage of performing the right, the decision of the foreign court according to an unqualified law is not recognized under the rule of conflict resolution in Iran. These issues can be solved through using comparative law and by means of an analytic-descriptive method. In the stage of creating the right, conflict resolution rule must have a role by unilateral method so that applying overriding laws and the renvoi can be justifiable. In the stage of performing the right, the combination of unilateral methods and "recognition" brings the fact that merely a foreign court ruling in conflict with the overriding law of is not recognized in order to taking into account of other legal systems' solutions. In this case, the effect of the public order will be increased so that the national interests not to be sacrified in the altar of coordinating solutions.

Comparative Study of the role of ‘Time’ in the formation of Customary International Law, shows the different, contradictory and even conflicting ideas. Being necessary the existence of the objective element, i.e. general practice, and the subjective one, i.e. accepted as law, so called opinio juris, for the  formation of such rules in international law, the present paper seeks the following question that what and how is the role of ‘Time’ factor in formation and subsequently identification of rule of customary international law? As international judicial decisions and teachings of the most highly qualified publicists of various nations have been considered as the subsidiary means to identifying legal rules, the present paper studied the jurisprudence of International Court of Justice and teachings of the most highly qualified publicists of this field, and studies of International Law Commission reporter as the most important entity in the codification and progressive development of international law and figured out there has been a conceptual evolution in the said conception. Explaining the classical and curren t ideas in question, distinguishes the outcasted concepts from the accepted one and finds that the time factor affects the two said elements in Customary International Law. The time factor is necessary in the formation of such rules, but the period of this time is and must be different by virtue of each case.

Generally,according to the statutes of international organizations,the precondition for membership in those organizations is that the applicant institution should be state.According to Article 4 of the United Nations Charter,only states can become members of the United Nations.When a State become a member of the United Nations,other states that have voted in favor of new member,acknowledge new member as a state and recognize it.After the adoption of resolution 19/67 by United Nations General Assembly, the status of Palestine was enhanced to non-member observer state. One of the major issues that has generally been raised since the issuance of the recent resolution was the collective recognition of Palestine by the UN General Assembly.In this sense,the states that voted in favor of resolution 19/67 have also somehow recognized the Palestinian state because because with their positive pole acknowledge the existence of the Palestinian state.In the author's opinion,the vote in favor of membership of a state in international organizations,especially the United Nations,implicitly recognize a new member.In the case of Palestine, although it has not become a member of the United Nations,the resolution acknowledge Palestine as a state that implicitly lead to recognized Palestinian as a state through the General Assembly of the United Nations.