Document Type : Article

Authors

1 Associate Prof., Department of International Law, Faculty of Law and Political Science, Kharazmi University, ahrna, Iran

2 Assistant Prof., Department of Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

Abstract

Free trade/industrial zones, which have been created with the aim of facilitating trade activities, especially in underdeveloped areas, have expanded in the Iranian legal system. This study focuses on the legal system of free trade/industrial zones from the perspective of the relationship between the governing organizations of these zones and the governmental bodies in their territory. The study shows that the laws governing the administration of free zones have not been able to provide a suitable model for coordination between responsible organizations inside these zones. The mechanism embedded in the laws (specifically article 65 (A) of the Act on Permanent Provisions of the Development Plans) faces challenges due to non-compliance with the principles of public administration and administrative law. Accordingly, in addition to the need to repeal the above provision, it is necessary to stipulate that exercising the powers of the free-trade/industrial-zone organizations does not negate the legal powers of the relevant governmental bodies in these zones. Also, the powers of the above-mentioned organizations should be limited to commercial and industrial affairs of their respective zones. To establish executive coordination between the governmental bodies and the free-trade/industrial-zone organizations, it is recommended that a council composed of the director of the free-trade-zone organization and the highest governmental officials of the zone be established.

Keywords

Main Subjects

  1. English

    1. A) Books
    2. Tiefenbrun, S. (2012). Tax Free Trade Zones of the World and in the United States. Cheltenham: Edward Elgar Publishing.
    3. Xiao, L. (2016). National Test System Design of China (Shanghai) Pilot Free Trade Zone. Singapore: Springer.
    4. B) Articles
    5. Chen, X. (1995). The Evolution of Free Economic Zones and the Recent Development of Cross‐National Growth Zones. International Journal of Urban and Regional Research. 19, 593-621. DOI: 10.1111/j.1468-2427.1995.tb00530.x

    4.3 Jayanthakumaran, K. (2014). Performance and Prospects of Export Processing Zones: Asia an update. Journal of Comparative Asian Development, 5(2), 229-246.

    1. Peng, D., & Xiuyan, F. (2017). China’s Free Trade Zones: Regulatory Innovation, Legal Assessment and Economic Implication. The Chinese Economy, 50, 238–248. DOI: 10.1080/10971475.2017.1321886

     

    1. C) Documents
    2. Akinci, G., & Crittle, J. (2008). Special Economic Zone: Performance, Lessons learned, and Implication for Zone Development, Foreign Investment Advisory Service (FIAS) Occasional Paper, Washington, D.C.: World Bank Group.

    http://documents.worldbank.org/curated/en/343901468330977533/Special-economic-zone-performance-lessons-learned-and-implication-for-zone-development.

    1. Buba, J., & Wong, Michael D (2017). Special Economic Zones: An Operational Review of Their Impacts, Washington, D.C.: World Bank Group.

    http://documents.worldbank.org/curated/en/316931512640011812/Special-economic-zones-an-operational-review-of-their-impacts.

     

    1. D) Thesis
    2. Hamed, H. (2014). A Comparative analysis of Free Trade Zones. dissertation submitted in partial fulfilment of the requirements for the MPhil in Architecture & Urban Studies, Cambridge University.

     

    References In Persian:

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    2. Ansari, V. (2007). General Administrative Law. 7th Edition, Tehran: Mizan Publication (In Persian).
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    1. B) Articles
    2. Ahmadian, R., & Shami, M. R. (2015). Assessing the Role and Effect of Free Zones on Integrated Coastal Zone Management (ICZM) Case Study: Anzali Free Trade-Industrial Zone. Urban Structure and Function Studies, 3(9), 91-108 (In Persian).
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    7. Hafeznia, M. R., and Others (2009). Analysis of the Effects of Dual Model of Political Management of Space on the Functions of Free Zones: A Case Study of Kish. Journal of Planning and Space Preparation, 15(1), 21-39 (In Persian).
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    1. C) Reports
    2. Panahi, S. (2021). Amendment of the Law on How to Manage Free Trade-industrial Zones Approved in 1993: Opinions of Executive Agencies along with the Axes of Law Amendments. Report of Islamic Parliament Research Center (IPRC), Report Number: 17491 (In Persian).
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    4. Mehrizi Moakhar, R. (2013). Legal System Governing Iran's Free Zones/Part II. Pp. 1-5 available at: https://freena.ir/print/25951 (In Persian).