Document Type : Article
Authors
1 Ph.D. Student in Public Law, North Tehran Branch, Islamic Azad University, Tehran, Iran
2 Assistant Prof. Department of International Law, North Tehran Branch, Islamic Azad University, Tehran, Iran
3 Assistant Prof. Department of Public Law, North Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract
Common sense is defined as awareness, collective wisdom and a populace informed of their rights in a society based on democracy and the constitution. In this theory, the principle is the recognition by the government of the right of people to own natural resources of oil and gas and not to encroach or violate this right. For the full realization of people’s rights, it is essential to use the advantages of the country, including its geographical location, its strategic reserves of oil and gas, its cheap labor, as well as removing the existing obstacles preventing the realization people’s rights through amendment to the laws, efficient management of the industry and of its revenues. Common sense affirms the necessity of monitoring, transparency and accountability of those responsible regarding their decisions and performance. Common sense also reaffirms the need for responsibility towards public interest and common good as indicators for the realization of good governance and for our country to reach a top position in the region. The main question of this paper is what is the evaluation of the performance record of the authorities regarding the realization of the financial rights of the people in oil and gas natural resources from the perspective of public reason? The actions of the authorities indicate some shortcomings and discrepancies when it comes to the right of ownership and the realization of the financial rights of the people in oil and gas resources, which have been examined in a descriptive and analytical way.
Keywords
- Common sense
- common property
- public interest
- efficient management in the oil industry
- realization of financial rights of the people
Main Subjects
English
- A) Articles
- Stephen G. Breyer, (1979). Analyzing Failure: Mismatches, Less Restrictive Alternatives Reform”. in: Harvard Law Review, 92(3), 549-609, https://jstor.org.
- Warner, Mildred E., & Bel, G. (2008). Competition or Monopoly? Comparing Privatization of Local Public Services in The US and Spain. Public Administration, Vol.86, )3(, 723-735, https://onlinelibrary.wiley.com.
- B) International Documents
- The Independent Commission on Good Governance in Public Services, “The Good Governance Standard for Public Services”, 28 July 2005, Hackney Press Ltd, 1. London, https://portal.tcu.gov.br.
References In Persian:- A) Books
- Khodabande Jahormi, M., & Roshanfar, B., & Houshmand, A., & Zarghami, S.S., & Khorramrouz, T. (1401). Hydrocarbon balance sheet of the country in 2019. Institute of International Energy Studies (In Persian).
- Rahmat Elahi, H., & Agha Mohammad Aghaee, E. (2019). A new look at the basics of public law. First Edition. Tehran. Publishing company (In Persian).
- Shiravi, A. H. (2017). Oil and gas law. fourth edition. Tehran. Mizan Legal Foundation (In Persian).
- Salehahmadi, S. (1400). Constitution of the Islamic Republic of Iran in the Current Lagal Order. First Edition. Tehran. Avabook Publication (In Persian).
- Gorji Azandriani, A. A. (2016). Basics of public law. Sixth edition. Tehran. Jangal Publication (In Persian).
- Moghadari, M. (1400). Good governance and development: Daniel Kaufman's views and findings on governance. Tehran. Negahemoaser Publication (In Persian).
- B) Articles
- Aminzadeh, E., & Nikbakhsh Sharafshade, A, (2014). Comparative study on the ownership and sovereignty of the state oil and gas resources. Energy Law Studies, (1), 1-16. DOI: 10.22059/JRELS.2015.54549 (In Persian).
- Behmai, M. A., & Arin, M. (2017). Public ownership of oil resources and its Impact on the choice of contractual model in the upstream sector of oil and gas industry. Energy law studies, 4(1), 1-36. DOI:10.22059/JRELS.2018.251951.186 (In Persian).
- Pilehforosh, M., Afshin, H., Azhdari, A. A., Asaadi, F., Mehrazma, I., & Azimzadeh, M. (2019). "Regulatory system of Iran's oil and gas industry: 1- Necessity of regulation". Vice President of Infrastructure Research and Production Affairs, Office of Energy, Industry and Mining Studies, Majlis Research Center, No. 16784, 1-20. At: https://rc.majlis.ir (In Persian).
- Mohammadi, A. (2008). Implementation of Note 13 of different viewpoints. Energy Spectrum Monthly, (4), 12-15 (In Persian).
- Mohammadi, A. (2023). A look at the results of the Cap 28 climate talks.Energy Spectrum Monthly, (149), 39-41 (In Persian).
- C) News & Website
- Aftab News, Rumors of high gasoline prices and experts' warning about its consequences. (April 8, 1402), https://aftabnews.ir (In Persian).
- Asriaran News, "813 dead and 21,000 injured; initial statistics of accidents on November 14", (April 3 2024), at the address: asriaran.com (In Persian).
- Eghtesad News, "The new statistics of deaths in road accidents of Nowruz 1402 were announced", (April 14, 1402), eghtesadnews.com (In Persian).
- Fars news agency, "The possibility of expanding the basis of oil sales with a certificate of deposit of crude oil", (19 April 1402), farsnews.ir (In Persian).
- Khabar Online, Selling oil to people with a certificate of deposit in the energy exchange?" (19 February 1401), https://khabaronline.ir (In Persian).
- Khabar Online, "Annual swallowing of 100 thousand billion Tomans by scrapped cars/ 45% of the country's cars are worn out", (May 5, 1402), https://khabaronline.ir (In Persian).
- Taadol newspaper, "Mohammad Reza, $28,500 ends up as rent", (April 18, 1402), https://www.taadolnewspaper.ir (In Persian).
- Tejarat News, "Discovering Iran's oil fields for the benefit of neighbors", (April 23, 1402), tejaratnews.com (In Persian).
)