Laya Joneidi; Sepideh Razi
Abstract
In Iranian legal system, several acts have been enacted on the liability of foreign state for violating international law. Some of these acts have been enacted in order to protect the rights of the Iranian people and diplomatic support, and others in order to make counter measure against violation of ...
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In Iranian legal system, several acts have been enacted on the liability of foreign state for violating international law. Some of these acts have been enacted in order to protect the rights of the Iranian people and diplomatic support, and others in order to make counter measure against violation of immunity from jurisdiction and enforcement by a foreign state, as well as to determine the competent court to file lawsuits and similar issues. In this study, Iran's legislative performance in the mentioned issues with an analytical approach, in order to identify Iran's legal capacity regarding the responsibility of the foreign state is examined and then the gaps in the mentioned laws are discussed. A study of the various acts in this field shows that these acts are often written without proper notice to sufficient accuracy, expert opinions and principles of legislation. Therefore, it is needed to consolidate these acts, which mainly have the same subjects, into a coherent act with sufficient scrutiny in writing articles, considering international law, and without mere quick reactionary approach to foreign state’s measures.
