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Issue Info: 
  • Year: 

    2021
  • Volume: 

    22
  • Issue: 

    12 (103)
  • Pages: 

    17-26
Measures: 
  • Citations: 

    1
  • Views: 

    407
  • Downloads: 

    0
Abstract: 

Sovereignty over natural resources as one of the fundamental principles of international public law has been repeatedly recognized in the resolutions of the General Assembly and other organs of the United Nations since the 1950s, especially in Para 1 under Article 2 of the Charter of Economic Rights and Duties of the Nations. The principle is mentioned precisely as "the full permanent sovereignty [of a state] including possession, use and disposal, over all its wealth, natural resources and economic activities", and expresses the issue of the sovereignty of states over their natural resources, so that they have a direct impact on decision-making and economic measures adopted by the states and in relation to other states, to the effect that no other state has priority over the host state with regard to exercising this right. Adopting Resolution 1803 in 1962, the United Nations General Assembly recognized the permanent sovereignty of States over their natural resources to be subject only to compensation. However, as to the compensation, it adopted a moderate solution which was almost close to the views of the capital exporting states. This resolution establishes the appropriate compensation criterion as the prevailing norm of international law. Therefore, the evolution of the notion of sovereignty over natural resources and the exercise of this right by states, which was deemed illegitimate at the beginning of the twentieth century, was ultimately recognized as legitimate but subject to some restrictions.

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Author(s): 

Savari Moslem

Issue Info: 
  • Year: 

    2023
  • Volume: 

    21
  • Issue: 

    2
  • Pages: 

    224-207
Measures: 
  • Citations: 

    0
  • Views: 

    350
  • Downloads: 

    97
Abstract: 

Background and objectives: Environmental problems and challenges are one of the most important concerns and preoccupations of humans in the third millennium. Pastures are crucial components of the enviroment and natural resources, yet they have endured significant destruction in recent decades. For this reason, in recent years, restoration and protection projects and plans have been implemented in different countries. However, due to various reasons, livestock farmers, as the most important beneficiaries of this sector, did not participate much. Therefore, the main idea of this research was to discover the challenges of participation of livestock farmers in this sector. In this regard, this study was conducted with the general aim of investigating the challenges of livestock farmers' participation in pasture protection plans and projects in Kurdistan province in 2022.  Methodology: This research is quantitative in nature. In relation to its practical purpose, it involved field research for data collection and was conducted as a single-section study in terms of time. The statistical population of the research comprised all livestock farmers in the Saral region of Kurdistan province. Saral district, spanning 1000 km2, is situated in western Iran within Kurdistan province. The region experiences an average annual rainfall of 480 mm, characterized by a cold, semi-arid climate. Saral features sandy loam soils, well-suited for grazing livestock such as cattle, sheep and goats. Ecologically, Saral district serves as a secure habitat for a diverse range of plants and animals. Notably, this natural region has yet to be thoroughly and systematically studied, with a majority of research focusing on the regions plant and animal species rather than the factors contributing to degradation. The primary occupation of people in the Saral region is animal husbandry, marking it as one of Irans most susceptible areas for this practice. The study utilized a sample size of 385 individuals, determined by the Karjesi and Morgan table, employing a muli-stage sampling method with proportional allocation. The primary research tool, a questionnaire, was validated by a panel of experts, and its reliability was confirmed through Cronbach's alpha coefficient. Data analysis involved both descriptive and inferential statistics using SPSS and Lisrel software. Results: The results of the coefficient of variation showed that the challenges of "not being familiar with forest protection methods" and "not holding workshops and training courses for livestock farmers" were the most important factors. In addition, the results of the exploratory factor analysis classified the challenges of participation of livestock farmers in pasture protection projects into four socio-cultural factors (15.021 percent), educational challenges (14.364 percent), managerial and legal challenges (13.324 percent), and economic challenges (9.521 percent), and these factors could explain 52.23 percent of the total variance of the factors. Considering that educational factors were one of the most important challenges in this field, it is suggested that policy makers and natural resource planners should pay more attention to the category of ranchers' education, because many ranchers do not have much knowledge of appropriate conservation behaviors.Conclusion: This study marks the inaugural effort in western Iran to safeguard rangelands. Previous studies on pasture conservation have often overlooked pastoralists, who maintain a close connection with these areas. Livestock farmers are pivotal in pastur protection, given their intimate ties to this sector. With appropriate training, they have the potential to make substantial contributions to the sustainability of this crucial domain.

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Journal: 

CULMINATION OF LOW

Issue Info: 
  • Year: 

    2023
  • Volume: 

    9
  • Issue: 

    1
  • Pages: 

    317-338
Measures: 
  • Citations: 

    0
  • Views: 

    68
  • Downloads: 

    23
Abstract: 

In the 20th century, we witnessed multiple expropriations in the forms of nationalization, confiscation, or seizure of property. In the first half of the 20th century, the Government of the Soviet Union and its colonies made extensive confiscations, and in the west, the Mexican government nationalized its arable land and oil resources. The second half of the 20th century started with the nationalization of the Iranian oil industry, and subsequently, in multiple cases, Asian and African states nationalized their resources. The investor countries, that were present in the countries rich in natural resources primarily through multinational companies, considered themselves the main victims of this exercise of sovereignty, and this became the basis for disputes between the parties. The investors turned to international arbitration to restore the rights that they thought they have lost. Therefore, we witness multiple approaches by the arbitrators concerning the exercise of the principle of permanent sovereignty of states over natural resources. By looking at the history of changes in this matter, we find that this issue has always been a place of constant fight or flight of the parties, and the arbitrators did not give up turning to all kinds of arguments and theories to protect the interests of each party, which resulted in the transformation or adjustment in existing standards, and therefore, led to the exercise of the principle of permanent sovereignty of governments over their natural resources.

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Journal: 

Energy Law Studies

Issue Info: 
  • Year: 

    2019
  • Volume: 

    4
  • Issue: 

    2
  • Pages: 

    461-491
Measures: 
  • Citations: 

    0
  • Views: 

    489
  • Downloads: 

    0
Abstract: 

In the past decade, some developing countries, based on the principle of the PSNR as one of their inherent rights recognized by the international community and the United Nations, have engaged in Energy Dual Pricing in order to promote their economic level. On the other hand, developed countries were on the opinion that the actions of energy-holding states are in violation of the fundamental principles of the WTO, such as the principle of free trade, principle of commercial non-discrimination and the principle of national Treatment. Therefore, numerous cases were filed and engaged by the DSB of WTO. According to the DSB, the conflicts between the principle of free trade and the principle of the sovereignty of the state on natural resources are non-real and in fact there is no conflict between them. We thus, having respected the rules of general international law and also taking into account the fundamental principles of the WTO as special rules, make a balance between these two principles. Also the DSB of WTO states that none of the WTO's bilateral trade agreements have explicitly forbidden energy dual pricing, and to understand whether energy dual pricing violates the principles of the WTO or not, it should be considered in the light of all the circumstances, on a case by case basis.

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Author(s): 

KOLAHI M.

Issue Info: 
  • Year: 

    2021
  • Volume: 

    8
  • Issue: 

    1
  • Pages: 

    19-30
Measures: 
  • Citations: 

    0
  • Views: 

    684
  • Downloads: 

    0
Abstract: 

Stakeholder analysis is essential in any adaptive comanagement. In the meantime, different words are used to name and separate stakeholders. The main purpose of this article is to clarify the term of stakeholder and their types in good governance of natural resources (water, issues of natural habitats, and environmental problems). By applying a descriptive-analytic method, the paper identifies the semantic difference among the word of stakeholders and those such as beneficiaries and authorities. It then divides the stakeholders into two main categories and 11 groups. The findings of the study indicate that the lack of proper vocabulary, coupled with a misunderstanding or limited understanding of the term of natural resources’ stakeholders, alone is sufficient to defeat plans of or to destroy natural resources. It also argues that nowadays the discussions of stakeholder analysis and stakeholder engagement are important because balancing the dissimilar needs, desires, and expectations by different stakeholders is more important than ever, and of course, it has become more complex. As a result, identifying, analyzing, and engaging stakeholders is the basis of participatory management and sustainable conservation. Finally, there is a need for open policies to attract stakeholder engagement.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

Energy Law Studies

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    1
  • Pages: 

    183-210
Measures: 
  • Citations: 

    0
  • Views: 

    917
  • Downloads: 

    0
Abstract: 

The rule of pacta sunt servanda, as the most fundamental principle governing international treaties, has been limited under the influence of the actions of governments by other principles such as the principle of permanent sovereignty over natural resources. International judicial procedure indicates that if exercising sovereignty in oil contracts through expropriation and nationalization of foreign investor's properties leads to the termination of a contract, the State should provide compensation based on the book value of the seized property or indemnify on the basis of international law, such that if nationalization and expropriation is carried out by a legitimate authority and with observance of public interests and without any discrimination, the necessity of obtaining compensation from the foreign investor will be raised. Otherwise, indemnification based on international law which includes compensation as well as judgment to compensate the loss of benefits from future advantages should be discussed. But it is necessary that the judgment for compensation or indemnification is issued by a legitimate State in a way that in the situation of identification of governance by other followers of international law in compensation or indemnification can be deemed necessary.

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Author(s): 

لاجوردی سعید

Issue Info: 
  • Year: 

    0
  • Volume: 

    -
  • Issue: 

    56
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    569
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

لاجوردی سعید

Issue Info: 
  • Year: 

    0
  • Volume: 

    -
  • Issue: 

    57
  • Pages: 

    77-79
Measures: 
  • Citations: 

    1
  • Views: 

    395
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 395

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    10
  • Issue: 

    35
  • Pages: 

    79-97
Measures: 
  • Citations: 

    0
  • Views: 

    1688
  • Downloads: 

    0
Abstract: 

The stock market as the main backrest of the capital market activities has a determining role in achieving continual and stable economic growth of countries.Economists believe that in countries which are rich in natural resources, focusing on the governance indicator to manage the foreign exchange earnings from exporting the natural resources in a better way, has a significant impact on the development of the stock market. In fact, right and scientific management of natural resources which are obtained from the result beat of each of the governance indicators on the abundance of natural resources, navigates the given resources to the high value-added activities in the section of the stock market and by effecting the stock properties, it will motivate investors to buy and sell in the stock market and it also will increase and improve the value of trades on gross domestic product as the stock market development indicator. Therefore, the present study sought to examine the impact of the natural resource management on the development of stock market of Selected countries with abound natural resources during 2008-2013 by using the Generalized Method of Moments (GMM). The results of the study shows that the variables of natural resource management, total efficiency, productivity of the factors of production, the real exchange rate and the size of the government has a significant positive impact on the development of the stock market. As well, the results of the estimates represent a significant and negative impact of the liquidity ratio variable to the gross domestic product development of the stock market.

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Issue Info: 
  • Year: 

    0
  • Volume: 

    17
  • Issue: 

    4
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    531
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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