Zohreh Shafiee MA. in International Law,, Department of Public and International Law, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran author Pouria Askary Assistant Prof., Department of Public and International Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran author text article 2020 per The importance of respecting children's rights in peace-building processes to achieve a sustainable peace raises the question of whether the UN Peacebuilding Commission, as the responsible organ for peace-building affairs of the UN, has taken into account children' rights and the key role of this issue in the realization of peace? The purpose of this study is to clarify the need to pay more attention to children's rights in peace-building processes. The article has dealt with the presentation of a reasonable relationship between these two variables by utilizing previous studies and several United Nations reports and has analyzed the reports to investigate the commission performance. The data analysis indicates the attention of commission to some of the children’s rights. Of course, this attention is not due to considering the violation of children's rights as one of the causes of conflict, but because of the widespread effects of the conflict on them. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1287 1306 https://jplsq.ut.ac.ir/article_77175_c222ca1abe43190597d924ec46c94710.pdf dx.doi.org/10.22059/jplsq.2019.272257.1890 kiamrs jahangir Assistant Prof., Faculty of Law and Political Science, University of Tehran, Tehran, Iran author Vali Rostami Associate Prof., Faculty of Law and Political Science, University of Tehran, Tehran, Iran author Bahaddin Tari Ph.D. Student in Public Law, ,University of Twhran Aras International Campus author text article 2020 per The resistive economy has been noticed as a fundamental strategy to change the economy movement of the country by the Supreme Leader of the Revolution. Imposing unlawful unilateral sanctions in order to put pressure on the Islamic Revolution which has imposed restrictions on the country's economic development, on the one hand, and the necessity to integrate and relationship between the general policies of the resistive economy and the specialized areas of public law in order to achieve social and economic growth and justice, welfare and dynamism based on production and employment on the other hand, clarify the necessity of investigating the legal requirements of the resistive economy. The research question is that what are the legal requirements of the legislative phase of resistive economy? In answer to this question, the research findings, which have been done in a descriptive-analytical manner, indicate that the legal requirements of the resistive economy in the legislative phase are the adoption of effective, transparent, coherent and revised laws that make the necessary efficiency in order to enable the creation of public relations between the authorities and the public as a key solution for the implementation of a resistive economy and legal requirements. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1307 1329 https://jplsq.ut.ac.ir/article_76188_2dac3ebdacb0b296848af707d1eabd9b.pdf dx.doi.org/10.22059/jplsq.2019.269081.1852 Asma Salari Assistant Prof., Department of Law, Zabol University, Zabol, Iran author text article 2020 per Environmental impact assessment is an obligation belongs to international environmental law sphere in order to protect the environment which asks States to determine the likely impacts of a proposed activity or project on the environment of another country or countries. The International Court of Justice has introduced it as a requirement under general international law in Pulp Mills case and San Juan case pursuant to ITLOS’s explicit recognition of customary status of the EIA. Jurists have different opinions on the EIA, like; the way of becoming a customary rule and especially on the content of it. Based on the descriptive-analytical methodology with the help of library sources, the present article tried to deduce the process of consolidation, customary status and content of this obligation through international judgments/awards and documents and concluded that this customary obligation establishes when there is a risk of significant adverse transboundary impact. If there is such a risk, assessment is done. So, there are three stages; the preliminary assessment measuring the possibility of transboundary harm, conducting the assessment and the post-project assessment that provides valuable information for similar subsequent activities and the validity of assessments. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1331 1355 https://jplsq.ut.ac.ir/article_76859_f7faed1b51609fdf18fc7a5d7c056a1a.pdf dx.doi.org/10.22059/jplsq.2020.299162.2355 Seyed mohammad sadegh Tabatabaei Associate Professor of Law, University of Isfahan, Isfahan, Iran author Manouchehr Tavassoli Naeini Associate Professor of Law Department, Faculty of Administrative and Economic Sciences, University of Isfahan, Isfahan, Iran author Seyed Yaser Hoseini Ph.D student in Isfahan University of Law, Isfahan University, Isfahan, Iran author text article 2020 per Implementation of development plans, where requires the possession of the citizens' lands, sometimes encountered property owners resistance and lack of compliance with these plans that ultimately ends with the compulsion of the competent authorities and the intervention of the executed agents with duress. But sometimes owners take action on the implementation of the plan and optional retreat with discretion and willingly. In this case, the right to claim for value by him has sometimes been questioned and denied by lawyers and courts. Judicial review also shows that most of them are deprived of claim for value and proof their rights and the municipalities have taken over part of their property for free. The present study seeks to examine the reasoning grounds of this category of courts and lawyers to argue on proving the right of this category of owners. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1357 1377 https://jplsq.ut.ac.ir/article_77605_f595c06f9b216e29ed24935e636338ba.pdf dx.doi.org/10.22059/jplsq.2019.269220.1855 Maryam Seyed Hatami Ph.D. in Public International Law, Department of Public & International Law, College of Law and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran. author Nasrin Mosaffa Prof., Department of International Relations, Faculty of Law and Political Science, University of Tehran, Tehran, Iran author text article 2020 per The right to education is one of the fundamental human rights that all persons should enjoy without discrimination. This right has been emphasized in various human rights documents. Thus, gender inequality in education is explicit breach of this right. The present paper, seek to relevant human rights frameworks consisted of international treaties, reports of human rights bodies and States practices, concludes that the nature of the commitment to educational equality is de juré, that breach of this will create international responsibility for countries. These obligations do not have a negative nature, but rather direct and regulate the behavior of States in balance with their positive nature. In fact, these commitments not only overcome the barriers women face in exercising this right, but also provide the grounds for their realization and while identifying the problem of gender inequality, fights it. In all legislative and executive fields, countries committed on the creation of defined frameworks for the elimination of discrimination and guarantee the women's rights in education. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1401 1421 https://jplsq.ut.ac.ir/article_77597_e343dddb999d75612574f2816a937350.pdf dx.doi.org/10.22059/jplsq.2019.281639.2013 Seyed Ali Hosseiniazad Ph.D. Student in International Law,, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran author Mahshid Ajeli Lahiji Ph.D. Student in International Law,, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran author Majid zahmatkesh پژوهشگر حقوق بین‌الملل و قاضی دادگستری، ایران author text article 2020 per Humanitarian laws applicable to the marine armed conflicts have not been faced with any development after 12 August 1949 through the conventional norms unlike land armed conflicts. However, some parts of the First Protocol, inter alia, the whole of its fourth part apply to the marine armed conflicts. Developments and progresses had been emerged in the context of modern technology and naval warfare have shown that the law of armed conflicts at sea need development and codification, because most of its instruments were created in the 20th century and were almost old. Through analyzing the customary norms, and some aspects of international soft law, specially The San Remo Manual, can be found that despite the absence of new conventional norms in this context, but the humanitarian law applicable on the armed conflicts at sea has had a sort of developments that most of them are about precautions in attacks, concept of the military objectives, military activities in different areas of the Sea, aircrafts and protection of marine environments. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1379 1399 https://jplsq.ut.ac.ir/article_77601_71d1ee2d74428c5f7dd917b0311c3326.pdf dx.doi.org/10.22059/jplsq.2019.274813.1915 Ayat Mulaee Assistant Prof., Department of Law, Faculty of Law and Political Science, Tabriz University, Tabriz, Iran author text article 2020 per The theory of civil liability of government is from the generators of democracy in the modern age which was raised in the nineteenth and twentieth century, many countries were accepted. In the paper, it has been analyzed the obstacles and challenges to the legal institution of government civil liability in the context of note 1 of article 10 of the Act on the Establishment and Procedure of the Administrative Justice Court, by using descriptive-analytical method. Briefly, the conclusion is that the main challenge is at three levels: "theoretical belief in the system of the Judiciary", "legal acts" and "the weakness of the doctrine of public law in Iran about the government civil liability as a legal institution". As a result, citizens have to go to general courts to determine the amount of damages. This situation is a clear indication of the failure of the idea of ​​civil liability of government. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1423 1440 https://jplsq.ut.ac.ir/article_77173_d32b0d6fb1dc31bb7cba8d5c6ad060ff.pdf dx.doi.org/10.22059/jplsq.2019.266420.1829 Abdollah Razzaghy Ph.D. Candidate in International Law, University of Tehran, Kish International Campus, Kish, Iran author Farideh Shaygan Assistant Prof.,Law Department of University of Tehran, Kish International Campus, Kish, Iran author text article 2020 per The evolution of international law led to the transition from coexistence to cooperation among independent States, but since the second half of the 20th century, a new concept emerged in some international law documents which regard international community and international law from different angle, focusing on priority of common interests and values. The study of legal rules and new international documents reflect their impact by the principle of international solidarity, such that it may be contended that the modern international law is passing through the State-centered stage to another arena, viewing the international community as a whole. The limitation of the States sovereignty in favor of the interests of the international community as a whole, including all human beings, due to the principle of solidarity, can ultimately lead to a structural transformation in the international legal system in order to prioritize the interests and values of the international community and make it objective reality. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1441 1461 https://jplsq.ut.ac.ir/article_77595_38d7e0633836365100850ed069d59bc0.pdf dx.doi.org/10.22059/jplsq.2019.276075.1928 Seyed Naser Soltani Assistant Prof., Department of Public Law, College of Farabi, Tehran University, Tehran, Iran author text article 2020 per After the process of codification of the Constitution, with all its complexities of review, a number of unwritten procedures and rules are formed around each principle of the Constitution or even separately which are occasionally appeared as the conditions and bounds for the principle of the Constitution. Such rules are sometimes so prominent and superior that are able to alter the competence of the public authorities. Representing a true, precise image of constitutional system would not be possible without explaining such rules. Therefore, a methodological drawback can be indicated in the current description of the Constitution. Moreover, considering this issue is important in the sense that it can enlighten the more profound layers of the Constitution of Islamic Republic of Iran, resulting in a better recognition of this Constitution. In the present study, one of the unwritten principles of the Constitution of Islamic Republic of Iran, named Supreme Council of the Cultural Revolution, is investigated. The process of formation and development of the council is explored. The condition in which the council was established as well as the story of its setting, despite the challenges, is described. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1463 1485 https://jplsq.ut.ac.ir/article_77573_ae43472d2ce51692e6eefa5170a16157.pdf dx.doi.org/10.22059/jplsq.2019.256361.1724 Aramesh Shahbazi Associate Prof, Department of Public and International Law, Faculty of Law and Political Science, Allame Tabatabaii University, Tehran, Iran author Aida Aghajani ronaghi Ph.D. Student in International Law, Faculty of Law and Political Science, Allame Tabatabaii University, Tehran, Iran author text article 2020 per The rapid advancement of technology and the unique characteristics of cyberspace have caused change in many of international law's classic concepts, and in most cases, the lack of coherent customary regimes prepared grounds for new interpretation of classic concepts. Cyber espionage is a relatively new concept in international law, and there is no agreement on legal regime governing it. Ambiguity and fear of extending principles and rules governing espionage in traditional sense, to cyberspace, which is generally the domain of soft law practice, has put international law governing this new concept in a state of uncertainty. Therefore, on one hand, the legitimacy of extraterritorial infiltration acts of States through espionage remains controversial, and on the other hand, the use of virtual instruments by States for advancing their extraterritorial infiltration into cyberspace of other States, has fueled ambiguities. The lack of specific international customary and treaty obligations in this regard paves the way for the application of general principles and rules of international law. This article seeks to elucidate the concept and scope of cyber espionage and the international responsibility arising from it, taking into account, State practice and doctrine, to answer this fundamental question that, which principles and rules of international law govern cyber espionage. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1487 1503 https://jplsq.ut.ac.ir/article_76869_7604d8c87c5d78bd6687407105e8840d.pdf dx.doi.org/10.22059/jplsq.2020.274302.1912 Seyed Bagher Mirabasi Professor, Faculty of Law and Political Sciences, Department of Public and International Law, University of Tehran, Tehran, Iran author Amir Famil Zavvar Jalali P.h. D Student in International Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran author text article 2020 per Lengthening the period between bringing a claim before the ICJ and making the final decision by this entity might cause prejudice to the rights and interests of the claimant. Therefore, pursuant to Article 41 of the ICJ statute, this entity is allowed to indicate, whenever necessary, provisional measures. Considering provisional measures is often being requested by either party at the early stages of proceedings, and based on the fact that the international courts only have jurisdiction on the basis of consent, the issue of indicating provisional measures when the jurisdiction has not yet been established is open to controversy. The circumstances under which the Court decides to indicate provisional measures are also important. In this regard, it is useful to examine the Court’s approach concerning indication of provisional measures in relation to the application of the International Convention for the Suppression of the Financing of Terrorism and the International Convention on the Elimination of All Forms of Racial Discrimination in Ukraine v. Russian Federation. The investigation of the law and practice of the Court implies that merely prima facie jurisdiction suffices for the indication of provisional measures, but concerning the conditions required, the Court would apply its own criteria and strictness. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1505 1524 https://jplsq.ut.ac.ir/article_76874_aede787502d18c07c8fdcfd9304f70c1.pdf dx.doi.org/10.22059/jplsq.2019.257288.1733 Mohammad Shahab Jalilvand Ph.D. In public law, Faculty of Law, Shahid Beheshti University, Tehran, Iran. author Ali Akbar Gorji Azandariani Associate Professor, Department of Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran. author text article 2020 per "Transparency" as one of the qualitative features of the law is one of the important elements in the realization of the legal security of the countries and both the Iran's Guardian Council and the Federal Constitutional Court of Germany monitor the transparency of the law in various aspects to ensure the realization of quality laws. This article tries to examine and critique and analyze the criteria and method of supervision of the Guardian Council and the Federal Constitutional Court by using a descriptive-analytical method and reviewing the verdicts of the Constitutional Courts of Iran and Germany. The outcome of this article is that the practice of the Guardian Council and the Federal Constitutional Court is to monitor "transparency" as a verdict and content of law, but the basis of these two institutions are different for this form of control. The Guardian Council carries out oversight of the transparency of the law through Sharia’s oversight, while the Federal Constitutional Court considers the transparency of the law as an introduction to ensure the fundamental rights and freedoms of individuals. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1525 1544 https://jplsq.ut.ac.ir/article_77600_bd0f94c6da2f5bb0fef007b5d7c261dc.pdf dx.doi.org/10.22059/jplsq.2019.272796.1895 Mehdi Piri Assistant Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran author Reza Sohrabi MA. Student in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran author text article 2020 per The U.S. has imposed extraterritorial sanctions against Iran and thereby impeded free trade for WTO members. In this article, we examined U.S. extraterritorial sanctions against Iran following the United States' unilateral withdrawal from JCPOA and its possible violations of its WTO obligations. Also, while examining the nature of extraterritorial sanctions, the GATT exception rules in particular national security are examined by raising the Russia-Ukraine Transit case of 2019. The study found that, given the scope of the sanctions imposed, the U.S. government has violated some of its obligations under the WTO and in view of the WTO panel interpretation of the defense of national security, the justification for extraterritorial sanctions subsequently imposed after withdrawal from the JCPOA is not acceptable and there are some legal solutions under WTO which enable the States to challenge the U.S. Unilateralism. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1545 1565 https://jplsq.ut.ac.ir/article_77593_6b6d08f91ac5c329b341f1e63636f6c5.pdf dx.doi.org/10.22059/jplsq.2020.291517.2208 Khalil Rouzegari Ph.D. Student in International & Public Law, Department of International Law, Science and Research branch, Islamic Azad University, Tehran, Iran author Sabber Niavarani Assistant Prof, Department of International Law, Science and Research branch, Islamic Azad University, Tehran, Iran author Mohsen Mohebi Assistant Prof, Department of International Law, Science and Research branch, Islamic Azad University, Tehran, Iran author text article 2020 per In Iran’s foreign investment law the term “foreign investor” included real and juridical persons such as Iranian companies controlled by foreign shareholders. On the other hand, possibility of a claim against Iran by “foreign investor” in international forums including ICSID, in case of Iran's accession to the Washington Convention, has been recognized. It raises the question of impact of dual nationality of individuals and nationality of Iranian companies as a foreign investor on ICSID jurisdiction. This paper seeks to find the answer to the question by analyzing awards issued by ICSID. The analysis shows that jurisdiction of ICSID cannot be established mere reliance on the dual nationality by respondent and foreign control by claimant. Instead, the process of establishment of the jurisdiction is subject to subtle legal considerations. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1567 1586 https://jplsq.ut.ac.ir/article_77592_489f213c3c93648963339c9f82fdaa0a.pdf dx.doi.org/10.22059/jplsq.2019.264343.1818 Yahya Bouzarinejad Associate prof. Department of Islamic Social Sciences, Fculty of Social Sciences, University of Tehran; Tehran, Iran author Atiyeh Azarshab PhD Candidate of Anthropology, Islamic Azad University, Central Tehran Branch; Tehran, Iran author Behrouz Roustakhiz Assistant Prof. of Anthropology, Faculty of Social Sciences, Allameh Tabataba'i University, Tehran, Iran author text article 2020 per The necessity of thinking on a governmental model especially for thinkers who have always wanted to develop an Islamic State is an obvious need. Sayyad Abul Ala Mawdudi is one of the social reformers and prominent religious thinkers in the geographical area of the subcontinent in the 20th century, and, like many other Islamic thinkers, such discussion can be traced in his religious and political thought. Mawdudi’s thoughts had a wide range of influences on individuals and groups in different countries and thus the present study sought to investigate the kind of desired government and governmental model proposed by him. That’s why; we seek a comprehensive review of the proposed governmental system, its elements and components, and the kind of relations between them. In order to achieve a better understanding of the issue, several books and works including Mawdudi’s works and interpretation of these works have been used. The result of this study shows a special kind of government which Mawdudi has called Theodemocracy and has its own traits that make it distinguished from other governments. In fact, according to Islamic teachings, Mawdudi wants to revive a kind of Islamic State that has a sign of the early Islamic State of prophet and caliphs, and as well as to adapt to the requirements of contemporary times. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1587 1606 https://jplsq.ut.ac.ir/article_77174_cb326bb801105c043b28ba80e077fef9.pdf dx.doi.org/10.22059/jplsq.2019.260341.1766 Javad Salehi Associate Prof., Department of Law, Payame Nour University, Tehran, Iran author text article 2020 per The marine environment and exploitation of the exclusive economic zone and the continental shelf under the rule of law of the coastal State are according to the provisions of the Convention of the Law of the Sea. Hence, the coastal State’s criminal jurisdiction on third States’ ships in the exclusive economic zone and the free seas is prohibited in most cases. Seizure of a foreign ship and arrest of a foreign crew in offshore areas by the coastal State is State intervention in the administration of the flag State and exercises its sovereignty. Involvement of coastal State in dealing with illegal ship operations in offshore areas is limited to the provisions of articles 73 and 101 Convention of the Law of the Sea on marine living resources or piracy. Extension of the coastal State’s offshore jurisdiction in the use of non-living resources or the operation of oil platforms, where illegal activities by foreign ships and crew of foreign citizenship are not adapted to the provisions of the Convention on the Law of the Sea. The judicial procedure of the Arbitration Tribunal and International Tribunal for the Law of the Sea on case of Arctic Sunrise Ship also confirmed this theory. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1607 1622 https://jplsq.ut.ac.ir/article_77706_807a94a215341df637cf54a1f5d4bd11.pdf dx.doi.org/10.22059/jplsq.2019.266790.1835 Mahdi Haddadi Assistant Prof., Department of International and Public law, Farabi Faculty, University of Tehran, Tehran, Iran author Reza Esmkhani Ph.D. Student in International Law, Farabi Faculty, University of Tehran, Tehran, Iran author text article 2020 per Since the emergence of the international organizations, it was presumed two functions for these new entities: international organizations as independent actors and as vehicles for States. In light of these two functions, two points of view about legal nature of the law produced inside IOs are raised. According to the first point of view (constituent instruments as constitution) rules of international organizations just like rules of States, were considered part of the internal law of IOs and isolated from international law. According to the second point of view (constituent instruments as a contract) rules of organizations were merely part of international law. Each of these two views has totally different effects on areas of characterization of acts, international responsibility and sequence of rules of international organizations. In this article after enumerating gaps and insufficiencies of each of these two views, it is argued that adoption of a two-dimensional (internal and international) approach regarding nature of rules of international organizations, while protecting the legal autonomy of international organizations, will help to prevent fragmentation of international law. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1623 1642 https://jplsq.ut.ac.ir/article_77604_cdaca2ea04b08933f57ed01324b84c9d.pdf dx.doi.org/10.22059/jplsq.2019.270383.1870 Reza Arab Chadegani PhD candidate in Faculty of Law and Political Science, University of Tehran, Tehran, Iran author text article 2020 per Case B-1, as the largest case filed in the Iran-U.S. Claims Tribunal which still is arbitrating, concerns U.S. Foreign Military Sales (FMS) to Iran prior to the Islamic Revolution. The Tribunal was established as a means of ending the challenges between the parties based on Algerian Declarations from 1982. Since independent research has not been done on this case, both in terms of its nature and dimensions and in terms of awards and procedures, using the field documents by the parties, along with a brief description of the nature of the Case B-1 and its background, beside the analysis of the Tribunal procedure in its partial awards, in this research, we attempt to analysis the challenge of determination of applicable law as the most effective choice of the Tribunal on arbitration process. In the light of this analysis, it is possible to examine the manner of the Tribunal to determine the applicable law in this case. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1643 1662 https://jplsq.ut.ac.ir/article_77576_d27b3bbc855396a25f16cfb8a2f515d0.pdf dx.doi.org/10.22059/jplsq.2018.261823.1789 Saeed Rostamalizadeh MA in International Trade Law, Shahid Beheshti University, Tehran, Iran author Hamed Haji Molla Mirzaie Assistant Prof., Faculty of Management, University of Tehran- Tehran, Iran author text article 2020 per Internet filtering in the United States means the removal or blocking of access to contents shared or seen through the internet within the United States territory. The rigid protection of freedom of opinion and expression against filtering has a root in the First Amendment of the United States Constitution. These protections expanded to the cyber realm; hence the country could not have passed much regulation in order to limit individual’s access to internet contents. However, the United States has an intricate set of mechanisms to regulate the internet and cyberspace.Following two decades of conflicting discussions over cyberspace regulation in the United States, the country couldn’t have achieve legal accord on the admissible limits of freedom of expression and regulating unlawful activities on the internet. Nevertheless, child pornography, gambling, protection of intellectual properties and cyber security are the most important protected issues in the U.S. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1663 1681 https://jplsq.ut.ac.ir/article_77800_afdd4ec2283e61197fc0771e63bfa823.pdf dx.doi.org/10.22059/jplsq.2018.252537.1675 Farshad Geravand Ph.D. in International Law, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran author text article 2020 per This paper deals with the legal status of the right to water in international law and also its protection through the precedent of water-related international investment tribunals and domestic judicial ones. Right to water has not yet been recognized in a universal treaty but the UN Committee on Economic, Social and Cultural Rights recognized it in General Comment No. 15 as a separate right. This was further buttressed by both UN General Assembly and Human Rights Council resolutions in 2010. This right while facing ambiguities in terms of content, scope and judicial enforcement but the increasing attempts by the States to incorporate it into their national statutes and the supervisory mechanisms adopted by the Human Rights Council all implying that this right is legal and binding. This claim is also reinforced by international customary law. In the end, the author explored the recognition of this right in light of some water-related investment arbitrations to show that how tribunals applied both the right to water and foreign investors’ rights in parallel and with the same weight. Faculty of Law and Political Science 2423-8120 50 v. 4 no. 2020 1683 1705 https://jplsq.ut.ac.ir/article_77598_6ab77ecd5b42c6a771d6678476c34765.pdf dx.doi.org/10.22059/jplsq.2019.288236.2154