نشریه تحقیقات حقوقی بین المللی
پیاپی 61 (پاییز 1402)

The basis of the establishment and continuity of any legal rule is to maintain its dynamics over time, and any rule that does not have the ability to adapt to its internal and surrounding realities will inevitably stagnate. The concept of foreign investment is one of the important opportunities in the field of achieving progress in many fields in connection with the projects of the countries in different dimensions, and specific legal mechanisms have been determined for this issue in the international laws and domestic laws of each country. This concept has been defined and explained with the passage of time, firstly in the framework of various international treaties, which are increasing in number. The daily increase of international treaties in the field of foreign investment leads to the widening of relations between governments and, as a result, the occurrence of more disputes between them. In this context, the question is raised, what is the definition of foreign investment and how does the judicial procedure with emphasis on ICSID votes affect foreign investment?

This research was done using descriptive analytical method.

Arbitration is considered as a suitable way to resolve commercial disputes. The Washington Convention, as the founding document of the Accidence Arbitration Authority, did not state any definition of the concept of investment, and this authority, relying on different interpretation techniques, tried to determine the meaning of investment, and this caused many theoretical differences around the issue of investment has created.

General Principles of Law recognized in civilized nations, as one of the main sources of international law, has played an important and effective role in international arbitration tribunals compared to other parts of international law. So far, no article has been done that independently examines the function of this source of international law.

This research was done using descriptive analytical method.

Applicable law, Protection of legal order, the basis for law making, interpreting the rules of international law, and a rule in international law are the functions of this main source of international law.

The right to water is the origin and manifestation of many human rights. The lack of proper access to water resources has brought many crises, especially many environmental crises for societies, which has caused insecurity for humans. Therefore, legal scholars are always trying to explain mechanisms to get out of these environmental crises. Because the lack of access to water affects human development and the lack of development in any society colors the disputes over resources. Therefore, the author uses the descriptive-analytical method and by using library resources and seeking to find The answer to this question is whether establishing and applying the precautionary principle can guarantee water security and also a suitable solution to prevent water crises and tensions.Paying attention to and using the precautionary principle as one of the key solutions accelerates environmental preventive measures and improves crisis management and ultimately ensures water security. Therefore, it seems that there is a direct relationship between the application of the precautionary principle and water security.Keywords: precautionary principle, water security, human security, right to water

One of the occupations that the International Labor Organization (ILO) has deal with, due to its importance and frequency, is fishing. Many countries have not yet particularly addressed the dimensions of this issue; such as the difficulty of working in this profession, low wages and various dangers that always threaten fishermen; and this has caused fishermen to experience a lot of discrimination compared to other jobs.

In this research, descriptive-analytical method has been used and librarymethod has been utilised as the method of collecting information.

The International Labor Organization, as a leading organization for the protection of workers' rights, has codified and developed several laws to protect the rights of fishermen. The Convention (No. 188) and The Recommendation (No. 199) are among the most important documents of the International Labor Organization in the field of work in the fishing sector. The main purpose of these documents is to provide conditions so that fishermen can benefit from job security along with other workers and have the possibility of concluding fair work contracts, considering the difficulty of working at sea. Convention 188 provides a set of minimum requirements and standards. However, many countries are unable to fulfill these minimum requirements and standards. Providing technical and financial assistance is one of the main ways to help such countries. But it should always be kept in mind that the most important step to improve the rights of fishermen is to increase their awareness about their rights.

Technology development has created a change in the nature of the documents, and today a new form of documents called electronic documents has emerged, plus the traditional system registration system has replaced electronic registration, which can have many works. This transformation is visible in various legal systems, including the civil law legal system and the common law legal system. Accordingly, in this article we will examine the terms and effects of electronic registration of documents and real estate in the Iranian, French, UK and US law system.

This article is written in an analytical-analytical method.

Although the document has a long history, it has evolved with the advancement of document registration technology and today there is a new form of registration called electronic registration. The use of new communication methods and new communication and information technologies for recording documents is called electronic document recording.The electronic registration of documents has some effects, including the validity of the contents of electronic documents, the validity of electronic evidence against individuals, the necessity of the execution of an electronic official document, its enforcement effect in judicial authorities and de-judgment. Registration of documents in the English legal system has a long history and electronic registration of documents has also taken a new form using blockchain technology. In English law, the principle is that all immovable properties can be registered by private individuals, unless these properties belong to the Queen or are considered public properties like national parks, mountains, forests, etc. If a property is not registered in England, but is sold, or comes to the owner through a gift or will, or the owner mortgages it, in this case, the property must be first registered, and to prove the applicant's ownership, documents such as a purchase deed must be submitted. The property should be presented. In this system, as in Iran's legal system, in case of presenting a claim contrary to the presentation of a normal document, what is important is the record of the document's registration, and contrary claims cannot be made. In Iran, the electronic registration and filing of documents has been established since 2005, and in the United States, since 2017, the electronic registration system of transaction documents in the United States has evolved with the emergence of smart contracts.

Dispute resolution in fiduciary contracts are often found in large construction projects to help the parties resolve or avoid their disputes and, ideally, prevent them from turning into international construction arbitration. The special feature of international construction contracts justifies the need to develop standard methods and international dispute resolution procedures. Therefore, the evolution of dispute resolution mechanisms in international construction projects and the protection of the economic interests of the parties are among the most important concerns of both sides of the construction contract, which is foreseen by the International Union of Consulting Engineers in the sample contracts. The goal is how Fidic has been able to manage it by adopting multi-layered methods to prevent disputes or in the event of disputes.

In this research, the descriptive-analytical method was used and the library method was chosen as the method of collecting information and materials.

The findings of the research show that Fidic has tried to be an effective mechanism for quick dispute resolution by providing multi-layer models in sample contracts in terms of the agreement of the parties in choosing one of the dispute resolution methods; But this procedure will be valid only if the parties act in good faith and are willing to implement the decisions made voluntarily.

following the seizure of the oil tanker of the Islamic Republic of Iran by Greece, which took place on the orders of the US Department of Justice, international responsibility is realized. The two elements of attribution and breach of obligation, which are elements of creating international responsibility, are evident in relation to the actions of two states. On the other hand, the retaliatory action of the Islamic Republic of Iran can be justified according to the provisions of the international law of the seas and also based on the assumption of the claims made by the Greek government in the context of the retaliatory action. The consequences of the international wrongful act carried out by Greece and the U.S.A. should also be stopped and compensation for the damages should be paid in full to Iran.

The present research was carried out using a descriptive-analytical method.

In the case of the seizure of the oil tanker known as Lana, which used to operate under the name of Pegas and was carrying an oil cargo belonging to Iran, the Greek government illegally seized the ship while it docked in the coastal waters of Greece and then transferred its cargo to the American ship at the request of the US Department of Justice. The international wrongful act is considers as a breach of international obligation of Greece and the United States of America which causes the international responsibility of both states.

Arbitration is an alternative method for conflict resolution, in this way that the resolution of the dispute is entrusted to a person or persons with the consent of the parties. They issue votes. But what is important among these are the criteria that an arbitration must consider in order for the vote to be valid.

This research was carried out in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical manner.

In order for the arbitrator to be able to issue a valid decision, he must consider the criteria that are provided in the text of the law. In the review of the Civil Procedure Law and the International Commercial Arbitration Law of Iran, these criteria are stated and can be calculated as follows. These cases include maintaining the confidentiality aspect of arbitration, compliance with notification formalities, justification of the decision, eligibility of the parties to the lawsuit and arbitrators, expiry of the arbitration period, non-compliance with legal conditions in the selection of arbitrators, invalidity of the arbitration agreement and non- arbitrariness and non-arbitrability of the dispute. By considering these cases, the arbitrator can issue a valid decision and cancel the preventive decision.