Public Law Studies Quarterly

The Relationship between the Competences of Governmental Institutions and Free- Trade/Industrial-Zones Organizations

Document Type : Article

Authors

Mohammad Ghasem Tangestani 1
Mahdi Moradi Berelian 2

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

https://doi.org/10.22059/jplsq.2022.327803.2838
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

Regulating relations
interaction and cooperation
article 65 of the Act on Permanent Provisions of the Development Plans
free trade/industrial zones
overlap of competencies
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:

    1. A) Books
    2. Ansari, V. (2007). General Administrative Law. 7th Edition, Tehran: Mizan Publication (In Persian).
    3. Imami, M., & Ostovar Sangari, K. (2007). Administrative Law. Vol 1, 1th Edition, Tehran: Mizan Publication (In Persian).
    4. Musazadeh, R. (2008). Administrative Law (1-2). 9th Edition, Tehran: Mizan Publication (In Persian).
    5. Robbins, S. P. & De Cenzo, D. (2013). Fundamentals of Management: Essential Concepts and Applications. 10th Edition, Tehran: Cultural Research Office (In Persian).
    6. Rezaian, A. (2017). Fundamentals of Organization and Management. 20th Edition, Thehran: Samt Publication (In Persian).
    7. Tabatabai Motameni, M. (2011). Administrative Law. 18th Edition, Tehran: Samt Publication (In Persian).

     

    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).
    3. Bikdelo F., & Rahnavard, F. (2017). Measuring Inter-organizational Coordination and Identifying Factors Affecting it in Public Organizations. Management and Development Process Quarterly, 30 (2), 3-22 (In Persian).
    4. Dehmarde Ghale no, N., Ali Ahmadi, N.and Ghaderi, A (2019). Evaluating and Prioritizing the Free Trade Zones of the Country and Their Impact on the Economic Development of These Regions. Quarterly Journal of the Macro and Strategic Policies, 7(25), 108-123 (In Persian).
    5. Eftekhar Jahromi, G., & Rezvani, E. (2016). Privatization Model of Administrative Framework of Free Trade Zones. Journal of Strategic Management Studies, 7(26), 249-275 (In Persian).
    6. Hadavand, M., & Fazli, A. (2018). The legal nature of the supervision of the Organization of Free Trade-Industrial Zones of Iran. Quarterly Journal of Administrative Law, 5(13), 9-31 (In Persian).
    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).
    8. Sheibani, A., & Abdipour Fard, E. (2020). Pathology of the Structure and Regulations of the Free Trade Zones Organization with Corporate Governance Norms in the Public Sector. Public Law Knowledge Quarterly, 9(29), 69-90 (In Persian).
    9. Sheikholeslam, N. (2017). Exploring the Barriers of Coordination between Iranian Public Organizations. Quarterly Journal of Public Organizations Management, 5(4), 13-30 (In Persian).

     

    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).
    3. Zakeri, Z., Esfandiari (2016). Meta-analysis of Free Zone Studies: 1. Articles. Report of Islamic Parliament Research Center (IPRC). Report Number: 15068 (In Persian).
    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).
Public Law Studies Quarterly
Volume 54, Issue 1
Spring 2024
Spring 2024
Pages 49-73

  • Receive Date 26 July 2021
  • Revise Date 06 November 2021
  • Accept Date 17 April 2022

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