درخت حوزه‌های تخصصی

The occupation of the Palestinian Territory for over seven decades encompasses historical, political, and legal dimensions, intertwined with issues of peace and security. At its core, this conflict arises from the denial of a nation's right to self-determination and the establishment of an independent state. This article not only recounts pertinent events but also analyzes the central issue of self-determination. By affirming this right, the article explores the right to resist and combat the occupying forces, examining the interplay between self-determination and the right to resistance. Additionally, it addresses the obligations of other states concerning the occupied nation and the occupying power, adhering closely to international legal standards and citing relevant sources. The recent tragic events and the dire circumstances faced by the people of Gaza, including the loss of nearly 40,000 innocent lives, underscore the significance of this research. It is evident that violations of the Palestinian people's right to self-determination are the primary causes of this prolonged crisis. The struggle and resistance of the Palestinian people, including armed resistance, are framed as the only viable solution. Both self-determination and the right to resist, including armed struggle, possess international legal legitimacy. Other states are obligated to support the Palestinian people and must refrain from legitimizing the occupation or facilitating its continuation. The support of the Islamic Republic of Iran for the Palestinian cause can be understood within this context of international law.

The Iran-United States Claims Tribunal (IUSCT) stands as one of the most significant international arbitral institutions, having adjudicated a wide array of disputes over several consecutive decades. It has generated a rich body of jurisprudence that warrants comprehensive analysis from various perspectives. One such dimension is its influence on international arbitration practices, which merits in-depth examination. This article aims to explore the impact of the IUSCT on the practices of the International Centre for Settlement of Investment Disputes (ICSID) and the Permanent Court of Arbitration (PCA) concerning state responsibility. To this end, the study employs a descriptive-analytical methodology, drawing on library-based data to achieve its objectives. The findings of the research indicate that the IUSCT has significantly influenced the arbitration practices of ICSID and the PCA in matters pertaining to state responsibility. For instance, the PCA, in cases such as Paushok v. Russia and Allard v. Barbados, which were conducted under international arbitration rules and UNCITRAL rules, has relied on the jurisprudence of the IUSCT to expand the scope of state responsibility in ensuring fair and equitable resolution of disputes with foreign investor companies. Similarly, ICSID, in cases like Santa Elena v. Costa Rica, has drawn on precedents from the IUSCT to develop the concept of state responsibility in matters involving compensation for expropriation of foreign investor companies and the determination of fair compensation amounts.

Background and Theoretical Foundations: Search and rescue operations at sea are one of the most important humanitarian actions that governments and the International Maritime Organization, on behalf of the United Nations, attempted to organize from a normative, structural, and behavioral perspective in the 20th century, and have dealt with shipwrecks and groundings, oil pollution, ship fires, and engine failure. This research aims to investigate the legal regime governing the unintended salvage operations of various maritime cargoes in the Persian Gulf islands and their surrounding waters, with a case study of Abu Musa, Greater and Lesser Tunb Islands. Methodology: In this research, with a descriptive-analytical approach, the unwanted rescue operations of various maritime cargoes in the Persian Gulf islands and their surrounding waters have been studied, focusing on the islands of Abu Musa, Greater and Lesser Tunb, and international treaties, Iranian domestic laws, and related legal provisions have been legally analyzed to ensure the rule of law. Findings: assistance to seagoing vessels in danger and their rescue, as well as the rescue of objects contained in them, the carriage of cargo and passengers, and similar services that seagoing vessels and ships special for navigation in inland waters and other maritime areas such as the surveillance zone and the exclusive economic zone, provide to each other, regardless of the type of service, location, and occurrence, are recognized in the Iranian legal system. Conclusion: Iran's legal system has taken into account the Maritime Law approved in 1964 in Chapter Eleven - Assistance and Rescue at Sea in 10 articles from Article 173 to Article 183. This law, in Article 173, has recognized assistance to seagoing vessels in danger and their rescue, as well as the rescue of objects contained in them, the carriage of cargo and passengers, and similar services that seagoing vessels and ships special for navigation in inland waters provide to each other, regardless of the type of service, location, and occurrence. Also, Article 174 explains the remuneration for assistance and rescue, and any type of assistance and rescue that has a beneficial result is entitled to fair remuneration. In addition, this article states that if the assistance or rescue does not have a beneficial result, no remuneration will be due for it, and in no case will the amount paid exceed the value of the rescued objects. Iran has also ratified two important conventions on rescue and salvage, such as the 1989 Convention on the Survival of Life at Sea and the 1989 International Convention on Maritime Salvage (SALVAGE), in its legal system. Therefore, these islands are part of Iranian territory based on domestic and international laws and are subject to Iranian laws and regulations, and all rescue and relief operations must be institutionalized based on Iranian laws and regulations and international conventions.