نشریه مطالعات حقوق انرژی
سال ششم شماره 1 (بهار و تابستان 1399)

Comparative Comparison of the Formal Requirements of the Bidding Process in the Iranian Legal System and the WTO Government Procurement Agreement Government procurement refers to purchases made by government agencies to meet their needs for non-commercial purposes. Government procurement is a competitive process that consists of several stages. This paper comparatively examines the above steps between the two legal systems of Iran and the World Trade Organization and concludes that there are fundamental and non-essential differences in the bidding process in Iran's legal system with the World Trade Organization. In order to join Iran in the WTO, some major differences must be resolved. In the meantime, we will take a brief look at the rules and regulations related to tenders in the oil industry. This paper uses a descriptive-analytical and comparative method.

Abstract The existence of a state in oil contracts and its specific requirements has raised disagreements on the nature of oil contracts in terms of administrative and non-administrative considerations. Experts like “Professor Doge” believed there’s no difference between administrative or non-administrative consideration of oil contracts. The other group believed that oil contracts are deemed to be administrative as non-administrative contracts are distinguished in terms of observation of legal obligations. With regard to the emphasis on governance principles, the existence of particular commandments and privileges, public person element, and its direct relationship with public interests, oil contracts are generally subjected to administrative contracts. The current study aims at expressing the comments as well as explaining administrative and non-administrative parameters and their compliance with oil contracts .

Major trends of change in the business environment of the oil industry had an impressive influence over the business models of the International Oil Companies (IOCs) as well as the National Oil Companies (NOCs) as the new entering competitors in this field. These trends brought about a number of changes in the business models as well. The researcher, consequently, tried to analyze the major trends of change in the business environment of these two types of oil companies through an analytic-descriptive approach, and assessed the influence of the changes in business environment of oil companies on the business models of the IOCs and NOCs. Finally, a number of suggestions were proposed to enhance the business models of these companies. The results of the study revealed that five major changes took place in the business environment of the oil companies. These major trends which were generally in favor of the NOCs and largely been at the expense of the IOCs, brought about three major changes in the business models of IOCs as well as three major changes in the business models of the NOCs. Based on these changes, a few suggestions presented to improve the competitive advantages of NOCs and IOCs.

The International Atomic Energy Agency has targeted the use of the atom for peace and human well-being and has three missions in the field of safeguards, safety and nuclear science and technology. In the area of safeguard and security, which are the missions of a negative nature, if the Agency fails to meet its commitments, the rights such as the right to life, the right to health and the right to the environment will be violated; moreover, in the fields of science and technology and the use of atomic energy for peace, which are the missions of a positive nature, the Agency is required to take actions to realize human rights. Although the Millennium Development Goals are at the center of the Agency's attention, for a number of reasons including the disbelief of the developed countries on the right to development, and the Agency's own disregard for some principles, such as the non-discrimination, as well as the lack of a mechanism to oblige the nuclear states to fulfil their commitment of transferring nuclear knowledge to the developing countries, has made the Agency less successful in the two areas of safeguards and the promotion of peaceful nuclear science and techniques.