mahdi haddadi - Academia.edu (original) (raw)
Papers by mahdi haddadi
Journal of Legal Research, Mar 21, 2006
Introduction Regional cooperation is not a new phenomenon; this type of cooperation had existed s... more Introduction Regional cooperation is not a new phenomenon; this type of cooperation had existed since the formation of the great civilizations of the world and before the advent of international organizations. Rivers Commissions such as The Commissions of the Danube and Rhine Rivers are examples. The emergence of the first international organization in the field of peace and security after the First World War not only did not cause any hindrance to the survival of regional organizations, but established a sort of the symbiosis between them (Article 21 of the Covenant of the League of Nations). Although the regional organizations were not mentioned in draft Charter of the United Nations, the governments of Latin America and the Arabic countries pressure in San Francisco conference caused the Chapter VIII of the Charter to be devoted to regional agreements (Beigzadeh,2010). The United Nations was not able to be effectively active in the field of international peace and security during...
After Islamic revolution in Iran, women’s judgment competency has been always discussed by connoi... more After Islamic revolution in Iran, women’s judgment competency has been always discussed by connoisseurs. Based on article 4 of Iranian Constitutional Law, all civil, criminal, financial, economic, cultural, military, and political and other laws and regulations should be in accordance with Islamic rules. On this article and concerning the Islamic rules and opinions of Islamic jurisprudents on judges’ conditions, Iranian lawmaker believes that women are not competent for judgment, while it has not ruled that arbitrators must be males neither in Civil Procedural Law (concerning internal arbitrations) nor in the Law of International Commercial Arbitration. Therefore women can be also selected or assigned by dispute parties or court as arbitrator.
Asian Journal of Research in Business Economics and Management
International Journal of Academic Research in Economics and Management Sciences
Tourism industry is the largest service industry in the world that can bring numerous economic, c... more Tourism industry is the largest service industry in the world that can bring numerous economic, cultural and social benefits for countries. Tourism development and enjoying the revenues of this industry entails building the facilities needed in which, unfortunately, most governments do not have sufficient expertise and capital. Private sector investment through different patterns of public-private partnership is an effective contractual approach, which provides conditions where both the public and private sectors can proffer their own capabilities to the project in order to maximize efficiency, at the same time that it supplies the project's needed capital. In this study, the approach adopted by some countries regarding public-private partnership contracts in tourism industry and also Iranian regulations have been investigated. It appears that, according to the characteristics of the partnership agreements, in case of the required legal bases being provided, this method has appropriate capabilities for using in tourism projects, particularly in sample areas of tourism.
International Journal of Academic Research in Public Policy and Governance
Treatment of aliens has a long history under international law. In this context, the main issue i... more Treatment of aliens has a long history under international law. In this context, the main issue is the need for compromise between the competence of sovereign states and the protection of human rights. The expulsion of aliens is one of the most important subdivisions of international laws on treatment of aliens. Since the nineteenth century, affected by humanization of international law, the laws regulating this domain have been impressively evolved. Recently International law commission has drafted a treaty text concerning the expulsion of alien which in tenth article provides for the delicate problem of disguised expulsion. In this regard, the Commission has been influenced by Iran-United States Claims Tribunal judgments. This paper in intended to analyze the judgments rendered by the tribunal on disguised expulsion in order to show how its legacy has played a role in the development of international law.
International Journal of Academic Research in Economics and Management Sciences, 2015
Since the 18 th century coincided with constitutionalism movement and the idea of democracy matur... more Since the 18 th century coincided with constitutionalism movement and the idea of democracy maturity, public interest theory as the main characteristic of the modern states have emerged. Thereby, in the modern administrative law, mechanisms of the achievement of the public interest, in line with the government's interaction with the people have been the main official objective. In Iranian administrative law, public interest is a new argument. According to the policy of decentralization, privatization, and the project of downsizing of government in the Enforcement Law of General Policies of Article 44 of the Constitution and the Law of Civil Service Management, as well as the use of new public management ideas in legislate the Law of Civil Service Management, it can be said that Iranian lawmakers need crossing the old concepts of the administrative law and seek to create a situation in which the interests of citizens are more appropriately provided in the field of administrative law.
Judicial Law Views Quarterly, Feb 15, 2013
International Letters of Social and Humanistic Sciences, 2015
Public interest theory in governance and its reflection in Constitution Law are recently emerging... more Public interest theory in governance and its reflection in Constitution Law are recently emerging in public law literature. Its concept and function differs country-by-country based on governing ideology of the society. Liberal states usually construe this theory by considering individual orientation and social states by society priority. The concept of public interest and the mechanism to achieve it in law and ethics philosophy in general and in Iranian Constitution in particular is a disputing discussion. We assume that any school construes public interest by its selected ideology in law philosophy and political theory. Likewise, by Iranian Constitution Law, it is perceived that respecting expediency especially “system expediency” has broad usage in governance especially upon revolution. Although respecting customary expediency does not seem so surprising.
International Letters of Social and Humanistic Sciences, 2015
The principle of immunity of state and their property from foreign state courts is a natural cons... more The principle of immunity of state and their property from foreign state courts is a natural consequence of the adoption of the principle of equal sovereignty of states in the International law and the international community. The principle, except with the consent of a state and outside the exceptions generally accepted in international practice, prevents domestic courts to exercise jurisdiction over a foreign state or their property. However, some countries contrary to the exceptions have taken some steps to violate the principle of state immunity through legislative and judicial measures. In this regard, the Iranian government has been the subject of numerous lawsuits in Federal courts of the United States through which it has been sentenced in absentia to pay more than $ 12 billion.…
International Letters of Social and Humanistic Sciences, 2014
Petroleum contracts are an important and sensitive issue in Iranian petroleum industry. Monitorin... more Petroleum contracts are an important and sensitive issue in Iranian petroleum industry. Monitoring on petroleum contracts especially in upstream section is too important due to length of term and high financial volume. After Islamic revolution in Iran, a challenging discussion between the Parliament and Government was the supervision and approval of petroleum contracts by Parliament. Article 77 of Iranian Constitutional Law permits the Parliament to monitor on international agreements directly. Therefore, determining the nature of petroleum contracts would highly impact on this kind of supervision by the Parliament. However, Parliament can monitor on these contract properly by using its authorities mentioned in the Constitutional Law and by codification or modifying relevant laws including the Law to Modify Petroleum Law.
International Journal of Academic Research in Business and Social Sciences, 2015
The United Nations Charter and the actual practice of states in the past years have stressed on t... more The United Nations Charter and the actual practice of states in the past years have stressed on the importance of the role of regional organizations in maintaining international peace and security. On the other hand, The United Nations and the Security Council alone cannot deal with international crises. Thus, the cooperation between the United Nations and regional organizations could solve regional and even global crises. Middle East is of strategic importance because of the historical and cultural background and having oil reserves. This area has been the center of major crisis in two the past decades. Experience has shown that the presence of trans-regional powers or building up international coalitions in the absence of regional powers will not help to resolve the crisis in the region. Considering the accepted roles of regional organizations in maintaining international peace and security in the region by the UN Charter, using the potential of regional organizations such as the Cooperation Council for the Arab States of the Gulf, the Arab League, the Organization of Islamic Cooperation seems necessary. However, due to the inefficiency of some of these organizations, the establishment of regional organizations with special competence in the area of peace and security in the Middle East could also be pursued by region countries.
Journal of Legal Research, Mar 21, 2006
Introduction Regional cooperation is not a new phenomenon; this type of cooperation had existed s... more Introduction Regional cooperation is not a new phenomenon; this type of cooperation had existed since the formation of the great civilizations of the world and before the advent of international organizations. Rivers Commissions such as The Commissions of the Danube and Rhine Rivers are examples. The emergence of the first international organization in the field of peace and security after the First World War not only did not cause any hindrance to the survival of regional organizations, but established a sort of the symbiosis between them (Article 21 of the Covenant of the League of Nations). Although the regional organizations were not mentioned in draft Charter of the United Nations, the governments of Latin America and the Arabic countries pressure in San Francisco conference caused the Chapter VIII of the Charter to be devoted to regional agreements (Beigzadeh,2010). The United Nations was not able to be effectively active in the field of international peace and security during...
After Islamic revolution in Iran, women’s judgment competency has been always discussed by connoi... more After Islamic revolution in Iran, women’s judgment competency has been always discussed by connoisseurs. Based on article 4 of Iranian Constitutional Law, all civil, criminal, financial, economic, cultural, military, and political and other laws and regulations should be in accordance with Islamic rules. On this article and concerning the Islamic rules and opinions of Islamic jurisprudents on judges’ conditions, Iranian lawmaker believes that women are not competent for judgment, while it has not ruled that arbitrators must be males neither in Civil Procedural Law (concerning internal arbitrations) nor in the Law of International Commercial Arbitration. Therefore women can be also selected or assigned by dispute parties or court as arbitrator.
Asian Journal of Research in Business Economics and Management
International Journal of Academic Research in Economics and Management Sciences
Tourism industry is the largest service industry in the world that can bring numerous economic, c... more Tourism industry is the largest service industry in the world that can bring numerous economic, cultural and social benefits for countries. Tourism development and enjoying the revenues of this industry entails building the facilities needed in which, unfortunately, most governments do not have sufficient expertise and capital. Private sector investment through different patterns of public-private partnership is an effective contractual approach, which provides conditions where both the public and private sectors can proffer their own capabilities to the project in order to maximize efficiency, at the same time that it supplies the project's needed capital. In this study, the approach adopted by some countries regarding public-private partnership contracts in tourism industry and also Iranian regulations have been investigated. It appears that, according to the characteristics of the partnership agreements, in case of the required legal bases being provided, this method has appropriate capabilities for using in tourism projects, particularly in sample areas of tourism.
International Journal of Academic Research in Public Policy and Governance
Treatment of aliens has a long history under international law. In this context, the main issue i... more Treatment of aliens has a long history under international law. In this context, the main issue is the need for compromise between the competence of sovereign states and the protection of human rights. The expulsion of aliens is one of the most important subdivisions of international laws on treatment of aliens. Since the nineteenth century, affected by humanization of international law, the laws regulating this domain have been impressively evolved. Recently International law commission has drafted a treaty text concerning the expulsion of alien which in tenth article provides for the delicate problem of disguised expulsion. In this regard, the Commission has been influenced by Iran-United States Claims Tribunal judgments. This paper in intended to analyze the judgments rendered by the tribunal on disguised expulsion in order to show how its legacy has played a role in the development of international law.
International Journal of Academic Research in Economics and Management Sciences, 2015
Since the 18 th century coincided with constitutionalism movement and the idea of democracy matur... more Since the 18 th century coincided with constitutionalism movement and the idea of democracy maturity, public interest theory as the main characteristic of the modern states have emerged. Thereby, in the modern administrative law, mechanisms of the achievement of the public interest, in line with the government's interaction with the people have been the main official objective. In Iranian administrative law, public interest is a new argument. According to the policy of decentralization, privatization, and the project of downsizing of government in the Enforcement Law of General Policies of Article 44 of the Constitution and the Law of Civil Service Management, as well as the use of new public management ideas in legislate the Law of Civil Service Management, it can be said that Iranian lawmakers need crossing the old concepts of the administrative law and seek to create a situation in which the interests of citizens are more appropriately provided in the field of administrative law.
Judicial Law Views Quarterly, Feb 15, 2013
International Letters of Social and Humanistic Sciences, 2015
Public interest theory in governance and its reflection in Constitution Law are recently emerging... more Public interest theory in governance and its reflection in Constitution Law are recently emerging in public law literature. Its concept and function differs country-by-country based on governing ideology of the society. Liberal states usually construe this theory by considering individual orientation and social states by society priority. The concept of public interest and the mechanism to achieve it in law and ethics philosophy in general and in Iranian Constitution in particular is a disputing discussion. We assume that any school construes public interest by its selected ideology in law philosophy and political theory. Likewise, by Iranian Constitution Law, it is perceived that respecting expediency especially “system expediency” has broad usage in governance especially upon revolution. Although respecting customary expediency does not seem so surprising.
International Letters of Social and Humanistic Sciences, 2015
The principle of immunity of state and their property from foreign state courts is a natural cons... more The principle of immunity of state and their property from foreign state courts is a natural consequence of the adoption of the principle of equal sovereignty of states in the International law and the international community. The principle, except with the consent of a state and outside the exceptions generally accepted in international practice, prevents domestic courts to exercise jurisdiction over a foreign state or their property. However, some countries contrary to the exceptions have taken some steps to violate the principle of state immunity through legislative and judicial measures. In this regard, the Iranian government has been the subject of numerous lawsuits in Federal courts of the United States through which it has been sentenced in absentia to pay more than $ 12 billion.…
International Letters of Social and Humanistic Sciences, 2014
Petroleum contracts are an important and sensitive issue in Iranian petroleum industry. Monitorin... more Petroleum contracts are an important and sensitive issue in Iranian petroleum industry. Monitoring on petroleum contracts especially in upstream section is too important due to length of term and high financial volume. After Islamic revolution in Iran, a challenging discussion between the Parliament and Government was the supervision and approval of petroleum contracts by Parliament. Article 77 of Iranian Constitutional Law permits the Parliament to monitor on international agreements directly. Therefore, determining the nature of petroleum contracts would highly impact on this kind of supervision by the Parliament. However, Parliament can monitor on these contract properly by using its authorities mentioned in the Constitutional Law and by codification or modifying relevant laws including the Law to Modify Petroleum Law.
International Journal of Academic Research in Business and Social Sciences, 2015
The United Nations Charter and the actual practice of states in the past years have stressed on t... more The United Nations Charter and the actual practice of states in the past years have stressed on the importance of the role of regional organizations in maintaining international peace and security. On the other hand, The United Nations and the Security Council alone cannot deal with international crises. Thus, the cooperation between the United Nations and regional organizations could solve regional and even global crises. Middle East is of strategic importance because of the historical and cultural background and having oil reserves. This area has been the center of major crisis in two the past decades. Experience has shown that the presence of trans-regional powers or building up international coalitions in the absence of regional powers will not help to resolve the crisis in the region. Considering the accepted roles of regional organizations in maintaining international peace and security in the region by the UN Charter, using the potential of regional organizations such as the Cooperation Council for the Arab States of the Gulf, the Arab League, the Organization of Islamic Cooperation seems necessary. However, due to the inefficiency of some of these organizations, the establishment of regional organizations with special competence in the area of peace and security in the Middle East could also be pursued by region countries.