Volume 25, Issue 4 (2021)
CLR 2021, 25(4): 27-45 |
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Ismailifard S, Sadat Hosseini S H S, Dehghan R, Haratian nejadi M. A Comparative Study of the Impact of Economic Sanctions on Obligations in Iranian Law and International Trade. CLR 2021; 25 (4) :27-45
URL: http://clr.modares.ac.ir/article-20-57822-en.html
URL: http://clr.modares.ac.ir/article-20-57822-en.html
1- PhD Student in Private Law, Department of Law, Islamic Azad University, Damghan Branch, Semnan , Iran
2- Assistant Professor, Department of Public and International Law, Faculty of Law, Azad University Islamic University of Damghan, Semnan, Iran , dr.saadathosseini699@yahoo.com
3- Assistant Professor, Department of Law, Faculty of Law, Islamic Azad University, Damghan Branch, Semnan, Iran
4- Assistant professor, law department, Department of Law, Islamic Azad University, Damghan Branch, Semnan, Iran
2- Assistant Professor, Department of Public and International Law, Faculty of Law, Azad University Islamic University of Damghan, Semnan, Iran , dr.saadathosseini699@yahoo.com
3- Assistant Professor, Department of Law, Faculty of Law, Islamic Azad University, Damghan Branch, Semnan, Iran
4- Assistant professor, law department, Department of Law, Islamic Azad University, Damghan Branch, Semnan, Iran
Abstract: (1065 Views)
As a confrontation tool, economic sanctions are applied by the developed states against the developing states in order to make the state under sanctions adjust to demands imposed by the states sponsoring sanctions. The sanctions produce a variety of economic, social, legal and other effects, including an effect on contractual commitments. Whereas no specific law has been devised with regard to the effect of international sanctions on contractual commitments in Iran’s legal system, the issue has been addressed in international arbitration and judicial procedures of other countries. The main question addressed in this study, is that what approach Iran’s legal system and international trade law adopt towards the effect of economic sanctions on commitments. The findings of the present study note considerable differences. To begin with, in international trade law system, the effects are examined, using three doctrines of hardship, frustration and force majeure, while no particular approach is observed in Iran’s legal system in this regard. Secondly, in international trade law system, a single approach, considering economic sanctions as a force majeure, hardship or frustrating event, is not observed. However, most procedures tend toward the frustration doctrine. In the meantime, Iran’s judicial systems for the most part seems to gravitate towards considering international sanctions as force majeure.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2021/12/12 | Accepted: 2022/06/1 | Published: 2022/08/11
Received: 2021/12/12 | Accepted: 2022/06/1 | Published: 2022/08/11
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