THE JUDICIARY’S LAW JOURNAL
Year:2014 | Volume:78 | Issue:87|Papers Count:6

Private sector investment, particularly foreign investment is a major and vital category in exploration and development of oil and gas industry. Since the major oil fields are in undeveloped countries, which most important feature of them is government budget lack and weak domestic private sector financing, attracting foreign investment is important. Absence or lack of them has created some problems. Production sharing agreement is, in the last-mentioned countries, as tools for attracting of foreign investment from overseas. Due to the international popularities of the PSA and discussions on design a new contract patterns, in this paper, the use of PSA in the upstream oil industries of Iran is discussed. In this talk, with the use of descriptive and analytical methods and refer to authentic sources of oil law, have studied by financial & non-financial terms of PSA and then, comparing its efficiency in analogy with buy back, analyzed. Finally, this result was obtained that using of PSA in analogy with buy back, will some benefits to our Countries.

Estefaze is a known proof in “Fiqh” that numerous and different viewpoints are presented about its definition, its basis and its qualifications. The nature and role of this evidence is disputable in judicial proceedings. Contrary to what has concept, this proof is not equal with what is propounded in laws under the title of “local investigation”. In spite of this, this is possible that in some cases the result of local investigation be access to Estefaze. In this case, this evidence is effective under the title of local investigation and with regard of local investigations regulations. In other cases, by virtue of the spirit of principal 167 Constitutional Law and article 3 Civil Procedure Code, this proof is utilizable with regard of commandments extracted from jural sources and injunctions.

One of the significant achievements of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) was the conclusion of the General Agreement on Trade in Services (GATS). With the introduction of the General Agreement on Trade in Services, which entered into force on 1 January 1995, trade in services was added to the world trade order, which had previously been applicable only to goods. This first multilateral agreement in this field sets up several general obligations and a system of so-called specific commitments. One of the specific commitments is National Treatment obligation. The National Treatment obligation which is found in Article XVII of the GATS, provides that imported services or service suppliers are to be treated no less favorably than domestically like services or service suppliers. The national treatment obligation and market access are the specific commitments and scheduled according to the bound sector and modes of supply of services. Specific commitments are recorded in the schedule of specific commitments and constitute an integral part of the GATS. The National Treatment obligation which is found in Article XVII of the GATS, provides that imported services or service suppliers are to be treated no less favorably than domestically like services or service suppliers. Apart from the general exceptions to the obligations under the GATS contained in Articles XIV and XIV bis, the national treatment obligation is subject to a number of other exceptions are scattered across the GATS and will be discussed separately in this study.

Recognition and enforcement of foreign court judgments is a matter of conflict of courts in legal traditions and due to its political dimension, it is a controversial legal issue. Because, the recognition and enforcement of a foreign judgments means the use of force of sovereignty to enforce the judgment, the national sovereignty have a serious question that how can use the national power to enforce the judgment that had no role in its creation. Especially, it is possible that the laws and regulations relate to this cases is contrary to legal principles, common assumptions or general understandings of justice in a country where it has been requested to recognize or enforce the foreign judgment. With regard to this topic, it could be understood that the recognition and enforcement of foreign judgments in insolvency and bankruptcy how much can be problematic and controversial. This article is not included in the theories of recognition and enforcement of foreign judgments, but it is included in the regimes governing the recognition and enforcement of foreign insolvency judgments. In this context, the discussion about the theories of jurisdiction in international insolvency will be necessary.

One of the most remarkable intersections of law and economics is monetary and financial issues, and one of the respective matters is monetary obligations and breach of such obligations. The present research under the title of “Economic Analysis of Civil Performances Guarantee for Monetary Obligation Breach” aims to present an overview of money and monetary descriptions and obligations as well as expressing legal reactions to monetary obligations breach (such as nominal value compensation, money value decrease compensation, vindictive damages and delay penalty) upon applying law economics rules, experimental findings and experts practice, and identify the most efficient and optimized reactions and introduce them as the most important objective of economic analysis of law to the judicial and legislative society in order to decrease social costs.It focuses on this important about the nature of money that tends to be nothing but purchasing power that is fungible at current time and will be non-fungible during the time. At point of view of economic analysis of law, the efficient legal rule respecting to monetary obligation breach is the rule of delay penalty. Finally when the rule of delay penalty is considered as legal rule for monetary obligation breach, legal efficiency will lead economic efficiency through decreasing social costs (exchange cost, risk allocation, opportunity cost for parties in claims, inefficient reliance cost and performing and administrative costs, etc).

Public hearing, that is the most important and essential part of the criminal procedure, requires the presence of people in the process freely. Publication of the proceeding's news and public awareness about them is also considered as one of the requirements of public hearing. But in recent years along with this issue with the growth of mass media, television coverage of the proceedings in the criminal courts has also been raised. This paper has tried to address the arguments for and against the subject and to consider position of Iranian law in this regard. Television coverage of the criminal procedure appears to improve gape between public opinion and criminal justice and to increase public confidence about its functions at less in some cases that have public importance. In other hand it should be noted that television coverage of criminal trials more than enough may decrease importance of trials for people to the extent that it is possible for people to see it as an entertainment.