The Evolution of the Goals of the Arbitration Institution in the Light of its Historical Developments
Tārīkh-i pizishkī i.e., Medical History,
Vol. 12 No. 00 (1399),
13 September 2020
,
Page 73-85
https://doi.org/10.22037/mhj.v12i00.31921
Abstract
Background and Aim: International Institutions Are Recognized as one of the Most Important Legal Pillars in the Contemporary Era. For This Reason, There is a Set of Formal and Informal Institutions Whose Goals and Policies Need to be Examined in the Light of Their History and Developments in the Light of the Changes of the Time. The Purpose of the Present Study is to Change the Goals of the Arbitration Institution in the Light of the Historical Developments of this Institution.
Materials and Methods: The Method Used in the Present Study is a Qualitative one That Specifically Uses a Descriptive-Analytical Approach and has Collected Materials in a documentary and Library Way.
Findings: Arbitration Institution Today is out of the Traditional and Simple State and has Become an Agreement and Contract and has Codified Legal Rules. Membership and Acceptance in Them Requires the Normalization of Domestic Laws and Regulations in Order to Resolve an Important Part of Legal Disputes in Various Issues. The Arbitration Body Does not have a Specific Organizational Structure. Also, The Interpretation of the Legal Rules of the Arbitral Institution and the Domination of Some Countries Over its General Legal Rules is Considered as one of the Challenges of the Arbitral Institution and an Obstacle to its Learning.
Conclusion: In Terms of the Impact of Historical Events, the Acceptance of Conventions (Especially the 1958 New York Convention), the 1958 UNCITRAL Model Law, the Model Laws on Arbitration, the Establishment of Arbitration Institutions, the Oil Crisis of the 1970s, The Growth and Development of International Trade. In the Present Era, it is one of the Most Important Reasons for the Expansion of the Rules and Goals of the Arbitration Institution, Which has Undergone Several Transformations According to the Developments.
Please cite this article as: Aghaei Y, Habibi Dargah B, Hassan Zade H. The Evolution of the Goals of the Arbitration Institution in the Light of its Historical Developments. Med Hist J, Special Issue on the History of Islam and Iran 2020; 73-85.
- Arbitration; Historical Developments; International Institutions; Governmentsof Respect for Individual Freedom; Principle of Usefulness; Principle of Non-Harm; Principle of Justice
How to Cite
References
Mirabbasi. B. Sadatmeidani. H. International Court of Justice. Tehran: Publisher Jongol; 2005.
Amid zanjani. A. A. Concepts of international law from the point of view of Islamic Jurisprudence. Tehran: Publisher Office Islamic Culture; 1983.
Cristian Sen. A. Iran during the Sassanids. Trans by: Yasemi. R. Tehran: Publisher Sedaye Moaser; 2001.
The Holly Quran: Hojarat 10: Al-Nesaa 128.
Hore Ameli. M. H. Vesael Al-Shieh. Qom; Publisher Al-Albeiyt; 1992.
Najafi Irand Abadi. A.H. United Nations Criminal policy. Journal Of Legal Research. 1996: 1 (18);
pp. 278-356.
Sharl. R. General International Law. Trans by: Hekmat. M. A. Tehran: Publisher University Of Tehran; 2001.
Ziaei Bigdeli. M. R. General International Law. Tehran: Publisher Ganj Danesh; 1978.
Majdi Nasab. E. A. History of International Dispute Resolution. 1996: 1 (18); pp. 75-99.
Smith. G. internet law and regulation. London: Publisher Sweet and Maxwell; 2002.
Mohebi. M. The Legal nature of the Iran-US Arbitration Court from the perspective of international law. 1991: 74 (19); pp. 95-144.
Khavar. M. Jurisdiction of the International Court of Justice. Tehran: Publisher Commerical Bank of Iran; 1974.
Abbasi. M. Restorative justice, a new perspective on Criminal Justice. Journal of Law and Policy Research. 2003: 1 (9); pp. 85-129.
Raiesi. L. Intellectual Property Dispute Resolution System. Tehran: Publisher Jongol; 2009.
Najafi Asfad. M. Davari. F. Resolving disputes arising from the registration of Trademarks in Iranian law and international documents. Tehran: Publisher Khorsandi; 2016.
- Abstract Viewed: 261 times
- pdf (فارسی) Downloaded: 165 times