درخت حوزه‌های تخصصی

With the acceptance of international trade and its expansion in the 20th century, the need to prepare a suitable mechanism to resolve disputes, especially in non-international dimensions, became one of the important concerns to maintain commercial relations and contracts. And this caused that, despite the global skepticism towards arbitration, in a short time arbitration and mediation were considered as a way to resolve conflicts, especially regarding international commercial disputes. On June 26, 2018, the Singapore Convention was approved by the United Nations Commission on International Trade Law (UNCITRAL) regarding international agreements resulting from mediation. And the plan of UNCITRAL was modified in the field of international commercial mediation and international settlement agreements resulting from mediation. The purpose of ratifying this convention is to establish a binding legal system and an efficient framework and legal platform for the implementation of international agreements resulting from mediation. Previously, the adoption of the New York Convention by expanding the use of the arbitration method as a way to settle disputes was considered one of the most successful international treaties in this field. In total, the present research, with an analytical and argumentative method, seeks to respond to the main philosophy of concluding and the scope of application of each of the two New York and Singapore Conventions, by examining the weak and strong points of each, it explains the position of these two treaties in resolving conflicts and disputes and discusses the similarities and differences between the New York Convention and the Singapore Convention on Mediation.

Exploiting the bed and subbed of the seas which are outside the governments’ sovereignty is always discussed since the countries severely need to these resources and the technological progress makes it possible to exploit these areas. Present study aims to respond this question that how resources of bed and subbed of the seas outside governments’ sovereignty are exploit based on law perspective, and how can analyze juridical attitude in this issue. In law perspective, according to the 1982 Convention on the Law of the Seas, these areas are the common heritage of humanity and International Seabed Authority is responsible in this field. In Islamic jurisprudence, exploitation of properties which do not belong to a specific person and freely are in access the public is named Anfal. But the bed and subbed of the seas are not included in any of the territories such as Dar al-Harb defined by the jurists, because no government have the right to claim sovereignty over these areas, and Dar al-Kofr is not in charge of these areas either. It is necessary to act based on international treaties and customary in such a situation. It means that Dar al-Islam is committed to act in accordance with existing international treaties and customary. Even if Dar al-Islam has not accepted any treaties regarding the bed and subbed of the seas, it is committed to implement international regulations based on international customary since international customary has known the bed and subbed of the seas outside the governments’ sovereignty as the common heritage of humanity.