درخت حوزه‌های تخصصی

The principle of full compensation for damages is an accepted tenet in law, requiring that all damages incurred by the injured party be compensated. This study examines the methods of contractual compensation in the Iran-United States Claims Tribunal. First, the concept of the principle of contractual compensation and its conditions are discussed in various conventions and international legal documents. Given that the Tribunal represents one of the largest case- specific international arbitrations, its opinions and rulings can significantly influence or, at the very least, elucidate the practical aspects of arbitration within the realm of international law. This paper presents the rulings of the Tribunal, with a focus on decisions related to contract termination, reasonable compensation, and outstanding invoices. The findings indicate that in most cases, the Tribunal has awarded interest for damages and has followed a monetary approach to compensation.

Background and Theoretical Foundations:  Moscow believes that the West's approach to Ukraine is carried out with two methods of expanding the European Union, known as the Eastern Partnership Program and encouraging Ukraine to join NATO. Therefore, the Russians believe that if Kyiv joins the European Union, other countries of the former Soviet Union will gradually leave the Kremlin's sphere of influence. Ukraine joining the European Union will not only border Russia with NATO, but will also reduce Russia's influence. In this regard, Moscow wants a pro-Russian government in Ukraine and therefore will not tolerate a pro-Western country that is a member of NATO. Methodology: The research method is descriptive-analytical, which was collected and conducted through the study of library documents. Result: The research hypothesis can be proposed in this way that the interaction between Iran and Russia, taking into account measures such as the permanent and official presence of Iran in the ports of the Mediterranean Sea and the Black Sea, greater convergence between Tehran and Moscow in solving the legal consensus of the Caspian Sea, the maximum benefit of the route of the Caspian Sea in the transit of goods in the North-South corridor can be realized. With the experiences they had learned from the past, this time the Russians came to the field with a more aggressive model against the actions of the West and NATO, and with military intervention and a show of power, they are trying to change the geopolitical game in their favor. Western reaction against this action caused increased pressure and intensified sanctions against Russia. Russia seeks to play an effective role in global equations and to improve its position in the international system and economic growth while expanding its sphere of influence. In this regard, it needs organizational and political cohesion for its benefit and in line with its defended values at the regional and global level. Nevertheless, the war between Russia and Ukraine can highlight Iran's status as a regional power. Conclusion: In the interaction of the balance of power in the relations between the great powers following the Russian military attack on Ukraine, creating a buffer zone between Russia and NATO can contain opportunities and threats for the countries of the region, especially the Islamic Republic of Iran and its foreign policy. Therefore, Iran, as an intermediate power in the world, should pursue a policy based on a positive balance, seeking to make the most of the current gap created in the relations between Russia and the West, for its interests and national security. On the other hand, because the Russians are self-interested and have a realistic and pragmatic policy, they consider an independent and powerful Iran a geopolitical supplement to developing their influence and future. The cooperation between Tehran and Moscow in the last two decades has been going on in various dimensions, despite some inadequacies, and has continued, especially much more so in the fields of security and defense. The secret of Russia's renewed emphasis on naval power is that this country is seeking to gain its share of power in the international system. In the meantime, countries like Iran, which have an important position in the relations between Russia and the West, are affected by international competition, whether they like it or not. In the meantime, Iran can catch the opportune chances that are present in naval strategy and operationalize its natural potential. Operationalization of the opportunities can be realized for Tehran by formulating maritime strategy solutions and bilateral interaction with Moscow. Therefore, it is clear that the Islamic Republic of Iran with interaction and agreement with Russia and the permanent and official presence of the Iranian naval fleet in the sea ports Mediterranean Sea and Black Sea ports, and also by more convergence with Russia in solving the legal consensus of the Caspian Sea, can increase the development of its maritime transit cooperation. The sale of Russian oil and gas through the Caspian Sea, the maximum benefit of the Caspian Sea route in the transit of goods in the North-South Corridor, can also be another achievement of Iran in using the opportunity of the confrontation between Russia and Ukraine in this region