Volume 24, Issue 1 (2020)                   IQBQ 2020, 24(1): 1-30 | Back to browse issues page

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zamani S G, Bazzar V. The Doctrine of "Clean Hands" in International Law and its Comparative Study with "Injured Contribution of the Injury". IQBQ. 2020; 24 (1) :1-30
URL: http://clr.modares.ac.ir/article-20-17690-en.html
1- Associate Professor, Faculty of Law and Political Science, Allameh Tabatabaei, Tehran, Iran , drghzamani@gmail.com
2- PHD ,public international law, Allameh Tabatabaei, Tehran, Iran
Abstract:   (615 Views)
According to the doctrine of "clean hands", the injured party that resorts to the international court for reparation must be clean hands. "clean hands" has many similarities with "injured contribution of the injury", according to which the role of the injured party in occurrence  of the injury is taken into account in determining reparation. Regardless of the similarities that are conceivable in terms of their origin, both of them are presented as claims by the respondent regarding the acts of applicant, and they also have available in cases where someone other than the main injured is present in the position of the claimant. The distinctions between them are also specially in the stage of influence. Thus, the lack of "clean hands" can lead to inadmissibility a claim at the jurisdiction stage, while the "injured contribution of the injury" is regarded as an effective factor on reparation in the merit stage. Also the "injured contribution of the injury" _against the doctrine of "hands hands"_ can with partial impact only reduce the amount of reparation, and include negligence of the claimant. 

 
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Article Type: Original Research | Subject: Comparative Law
Accepted: 2020/05/11 | Published: 2020/06/19

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