Journal of
Financial and Economic Law
Number 1
Vol. 1 ● No. 1
Spring & Summer 2023
Managing Editor: Vahid Eshtiagh
CONTENTS
The impact of Lisbon’s Economic Policies on Better Regulation in European Union; Approaches to Improve the Regulatory System of Iran
Atefeh Moradieslami – Nader Mirzdeh Kouhshahi
The Role of Principles and Rules of Public International Law in Relation to the Activities of Central Banks and Their Challenges
Marzieh Ghobadi – Hamid Ghanbari
The Rights and Obligations of Vessel Insurance Brokers: Review of Domestic Laws and International Cases
Milad Hosseini Balouchi – Nasim Barkhi – Mahmoud Bagheri
Legal Analysis of Auctions in Iran Government Transactions
Hedayat Farkhani – Rohallah Pourya
The impact of Lisbon’s Economic Policies on Better Regulation in European Union; Approaches to Improve the Regulatory System of Iran
Atefeh Moradieslami (Corresponding Author)
Ph.D Student in Public law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.
Researcher of Governance & amp; Policy ThinkTank, Tehran, Iran.
Nader Mirzdeh Kouhshahi
Associate Professor, Department of Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.
Abstract:
Regulation in the European Union includes objective and structured ex ante processes to evaluate the impact of legal initiatives in order to resolve the existing gaps between policy strategies and the actual state of legislation. These ex ante and ex post evaluations have been approved since 2002 The economic agenda of Lisbon aims to promote the economic growth of the Union and include various dimensions such as economic, social, environmental and future proof research in the process of reviewing legal plans, with the consideration of diverse and sometimes independent institutional structures, and despite the lengthy process of initial approval of the text Legislation in the Commission has led to the completion of more plans and the realization of Lisbon’s macroeconomic goals, i.e. the promotion of productive employment rates and knowledge-based economic growth.
Using the descriptive-analytical method and legal documents related to the Lisbon strategy, this article has studied the experiences of the European Union, the evolution of the Lisbon policy and the impact of these strategies on the structure and better regulatory processes of this institution.
The findings of the research indicate that the Lisbon strategy, emphasizing the need to adapt the legislative structures and decision-making system of the Union, with the focus on facilitating the activities of small and medium-sized businesses and improving the employment rate, has significant impact on the agenda of the Union’s policies as well as the regulatory process by running smart regulation program, the better regulation toolbox, Fit for Future platform and Etc.
Keywords: European Union,Better Regulation,Lisbom Strategy,economic growth,Impact Assessment System..
The Role of Principles and Rules of Public International Law in Relation to the Activities of Central Banks and Their Challenges
Marzieh Ghobadi (Corresponding Author)
Assistant Professor, Department of Law, Faculty of Law, Shahrood Branch, Islamic Azad University, Shahrood, Iran..
Hamid Ghanbari
Advisor Central Bank of Islamic Republic of Iran, Tehran, Iran
Abstract:
Central banking, as one of the most important governmental activities, is associated with various dimensions of public international law. Although it may initially seem that central banking as an economic activity has little to do with the principles and rules of public international law, a closer examination of the activities of central banks shows that international law plays an important role in their proper and appropriate functioning. Central banks, due to their multiple and diverse international activities, are repeatedly confronted with international legal issues, so it is necessary for the officials and governors of central banks to have a proper understanding of international law. This article attempts to explain this connection by describing the various activities of central banks. Additionally, legal disputes between governments sometimes lead to disputes over the foreign assets of central banks. Considering the direct connection of this issue with public international law, an effort has been made to give more attention to this subject by explaining some of the latest developments related to the immunity of central bank assets in more detail. Generally, the findings of this article indicate that the principles and rules of public international law play an important role in various dimensions of central banking activities, and neglecting these principles and rules can lead to harmful consequences.
Keywords: Central Bank, Immunity, Sovereignty, Monetary Policy, Financial Stability.
The Rights and Obligations of Vessel Insurance Brokers: Review of Domestic Laws and International Cases
Milad Hosseini Balouchi (Corresponding Author)
Ph.D. in Oil and gas Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
Nasim Barkhi
Ph.D. in Oil and gas Law, Faculty of Law and Political Science, University of Tehran. Tehran, Iran.
Mahmoud Bagheri
Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
Abstract:
marine vessels has a significant role in the field of international trade such as international transportation of goods, providing services through vessels (such as anchored ships, accommodation ships) and despite technical development of vessel, the widespread risks to vessels, transported goods, and the marine environment has been exist ; Therefore, obtaining insurance coverage for marine vessels, especially vessels related to the oil and gas industry, is not a commercial choice, but a legal obligation.
In this regard and considering the specialization of the issue of insurance of vessels and the importance of marine risks that may threaten the interests of the general society, brokers try to find the best insurance for vessels in terms of price and coverage or obtain these insurances for the insurers as an intermediary.
Therefore, brokers have rights and obligations in front of the insurance parties, and the violation of any of these rights and obligations may lead to disruption of the insurance contract and non-payment of damages by the Insurance Companies.
Therefore, in this article, an attempt has been made to examine Iran’s insurance law and the regulations approved by the Supreme Council of Insurance and the international cases has also been examined and identified the rights and obligations of marine vessels brokers against insurers and insured.
Keywords: Marine vessels insurance, insurance brokers, insurer, insured, Risk.
Legal Analysis of Auctions in Iran Government Transactions
Hedayat Farkhani (Corresponding Author)
Ph.D. in oil and gas law, Faculty of Law and Political Science, university of Tehran, Tehran, Iran.
Rohallah Pourya
M.A. in Financial Management, Faculty of Management and Economy, science and Research branch, Islamic Azad University, Tehran, Iran.
Abstract:
State transactions are an important part of government activitiesin order to protect government property and prevent the waste of this property for the continuous public service; the legislator has always had a special view on these transactions. In Iran, before the Islamic Revolution, special laws and regulations governing state transactions, such as the Government Transactions Act, the General Accounting of the country Act. After the Islamic Revolution, important laws such as the Act on Tenders, the Amendment to the General Accounting Act, the Guarantee of Government Transactions Act, and the General Conditions of the contract were enacted so that government transactions could be conducted legally and in a regulated manner. Auction has always been considered by the legislature as one of the legal formalities for selling government goods and services. In this research, the author with an analytical, descriptive view, while expressing the necessity of the rule of law over state transactions, has dealt with the legal pathology of the auction process in the Iranian legal system. The results show that the rules and regulations governing the auction are fragmented, incoherent and old, and it is necessary to establish new or coherent rules, amend and update the existing rules related to the auction process.
Keywords: Transparency, Government Transactions, Auctions, Tenders, Good Governance.
