The Attorney General’s Jurisdiction to Revive the Rights of the Public: A Case Study of US Unilateral Sanctions

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KHALAF REZAE HOSSEIN; Moghaddami Mohammad

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Journal Paper

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Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2023 | Volume:12 | Issue:8 Page(s): 23-46

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Title

The Attorney General’s Jurisdiction to Revive the Rights of the Public: A Case Study of US Unilateral Sanctions

Author(s)

KHALAF REZAE HOSSEIN | Moghaddami Mohammad | Issue Writer Certificate

Keywords

the prosecutor-general

public rights

lawsuit

international law

unilateral sanctions

International Court of Justice

Abstract

Unilateral US sanctions imposed on Iran are an example of hostile policy in interstate relations and disregard for fundamental human rights, including the right to life, health, and development, which are recognized in international law and the fundamental rights of countries, and mechanisms are foreseen to guarantee and support them. In the Iranian legal system, these cases have been identified in the framework of public rights, and the judiciary and the attorney general's office play an inherent mission in restoring these rights. Therefore, the question that arises is how the Attorney General's Office, given the powers specified in the laws and regulations of Iran in restoring public rights, should act in order to restore the rights and interests of the Islamic Republic of Iran deprived of unilateral sanctions. In order to answer this question with a descriptive-analytical method, an attempt has been made to first follow up and monitor the issue of unilateral sanctions, and then the possible ways to pursue and file lawsuits in domestic and international courts have been examined. In this regard, in accordance with the rules and regulations in the system of international responsibility of states, the violation of general and specific obligations of the United States has made it possible to pursue this issue in international courts. Under domestic law, the jurisdiction to hear complaints against persons involved in sanctions in domestic courts has also made it possible for the Attorney General to pursue and supervise in domestic courts

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