COMPARATIVE ANALYZING OF ISLAMIC REPUBLIC OF IRAN’S AND UNITED STATES OF AMERICA’S LAWS ON STATE IMMUNITY WITH REGARDS TO THE UNITED STATES RECENT LARCENY OF IRANIAN FINANCIAL ASSETS

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TADAYONI ABBAS; KAZEROONI SEYED MOSTAFA

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Journal: COMPARATIVE LAW REVIEW Year:2017 | Volume:7 | Issue:2 Page(s): 461-491

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Information Journal Paper

Title

COMPARATIVE ANALYZING OF ISLAMIC REPUBLIC OF IRAN’S AND UNITED STATES OF AMERICA’S LAWS ON STATE IMMUNITY WITH REGARDS TO THE UNITED STATES RECENT LARCENY OF IRANIAN FINANCIAL ASSETS

Author(s)

TADAYONI ABBAS | KAZEROONI SEYED MOSTAFA | Issue Writer Certificate

Keywords

ISLAMIC REPUBLIC OF IRAN‘S COURTS JURISDICTION OVER CIVIL CLAIMS AGAINST FOREIGN GOVERNMENTSQ1

STATE IMMUNITYQ1

U.S.A FOREIGN STATE IMMUNITY ACT (FSIA)Q1

Abstract

State immunity is considered to be one of the most important issues in contemporary International Ltaw. Over time, this concept has been changed due to the evolution of International Law and during recent decades, the focus of academic forums and national and international courts has been attached to it. In the meantime, several states including the Islamic Republic of Iran and the U.S have approved STATE IMMUNITY laws in their domestic legislation and their legal exceptions. In this article, the authors seek to answer several questions including what the similarities and differences of Iranian and U.S. laws on STATE IMMUNITY are and secondly, how can the U.S. recent confiscation of Iranian financial assets (2 billion Dollars) can be justified. On the other hand, do contemporary International Law developments have had any effect on the Iranian and U.S. immunity laws. The Conclusion of the topic is that the main differences between U.S and Iranian STATE IMMUNITY laws are the differences in scope of protection of subjected persons, differences in source of legislation the possibility of confiscation of properties outside the country, The effect of executive branch presence in claims against foreign governments and finally the effect of foreign defendant State in the course of trial hearing. Also, U.S recent confiscation of Iranian financial assets has been contrary to its international obligations in accordance with the U.N. Charter, International customary law and the mutual Friendship Agreement.

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APA: Copy

TADAYONI, ABBAS, & KAZEROONI, SEYED MOSTAFA. (2017). COMPARATIVE ANALYZING OF ISLAMIC REPUBLIC OF IRAN’S AND UNITED STATES OF AMERICA’S LAWS ON STATE IMMUNITY WITH REGARDS TO THE UNITED STATES RECENT LARCENY OF IRANIAN FINANCIAL ASSETS. COMPARATIVE LAW REVIEW, 7(2 ), 461-491. SID. https://sid.ir/paper/246347/en

Vancouver: Copy

TADAYONI ABBAS, KAZEROONI SEYED MOSTAFA. COMPARATIVE ANALYZING OF ISLAMIC REPUBLIC OF IRAN’S AND UNITED STATES OF AMERICA’S LAWS ON STATE IMMUNITY WITH REGARDS TO THE UNITED STATES RECENT LARCENY OF IRANIAN FINANCIAL ASSETS. COMPARATIVE LAW REVIEW[Internet]. 2017;7(2 ):461-491. Available from: https://sid.ir/paper/246347/en

IEEE: Copy

ABBAS TADAYONI, and SEYED MOSTAFA KAZEROONI, “COMPARATIVE ANALYZING OF ISLAMIC REPUBLIC OF IRAN’S AND UNITED STATES OF AMERICA’S LAWS ON STATE IMMUNITY WITH REGARDS TO THE UNITED STATES RECENT LARCENY OF IRANIAN FINANCIAL ASSETS,” COMPARATIVE LAW REVIEW, vol. 7, no. 2 , pp. 461–491, 2017, [Online]. Available: https://sid.ir/paper/246347/en

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