Public Law Studies Quarterly

Challenging the United States of America’s sanctions within the legal framework of the Islamic republic of Iran

Articles in Press

Document Type : Article

Authors

Saeid Baghban Kondori 1
Abasali Kadkhodaee 2

1 Phd. Researcher, Department of Public law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Professor of Public Law, Department of Public law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

https://doi.org/10.22059/jplsq.2023.356901.3286
Abstract
From 1980 until the end of 2022, the imposition of sanctions has been a significant part of the policy of the United States of America towards the Islamic Republic of Iran. In the late 1990s, the US approach changed from imposing comprehensive sanctions to imposing targeted sanctions, and imposed sanctions specifically against individuals, including entities, individuals, ships, and aircraft. A significant number of these Iranian and non-Iranian people do not know how to claim their violated rights or remove their names from the sanctions list. In this research, the question is answered that what mechanisms exist under the laws approved by the parliament of Iran, based on which sanctioned persons are able to pursue and fulfill their rights against sanctions. To find the answer to this question, after a brief review of the US unilateral sanctions system, the system of sanctions against persons affiliated to the Islamic Republic of Iran will be reviewed. In the end, after examining the capacities of challenging the sanctions in the framework of the laws approved by the parliament, it is clear that if certain conditions are met, it is possible to pursue and enforce the rights of the injured persons in the legal system of the Islamic Republic of Iran, however, the current laws lack coherence and they do not have the necessary comprehensiveness and protection by sanctions.

Keywords

United States
Iran
Sanctions
Challenging
Reparation
Subjects

  1. English

    -  Articles

    1. Goldsmith, J. L., & Goodman, R. (2002). "U.S. Civil Litigation and International Terrorism. University of Chicago Public Law & Legal Theory Working Paper, 26, 2002, 1-27.

     

    References In Persian:

    1. A) Books
    2. Sadat Meidani, S. H. & Kalili, Mehdi (2018). Legal principles of the United States sanctions: Iran sanctions. Tehran: Shahre Danesh (In Persian).

     

    1. B) Articles
    2. Abedini, A. (2021). Sanction of Iran’s Minister of Foreign Affairs by the United States under International Law. International Law Review, 64, 307-331. DOI: 10.22066/cilamag.2021.114343.1792 (In Persian).
    3. Joneidi, L., & Razi, S. (2021). International Responsibility of the U.S. Arising from the Impacts of Its Sanctions on Iran’s Covid-19 Response. International Law Review, 65, 169-202. DOI: 22066/cliamag.2021.245095 (In Persian).
    4. Joneidi, L., & Razi, S. (2022). Critical Review of Iran's Legislative
      Performance on the Civil Liability of Foreign State Imposing Sanctions. Private Law Research, 11(41), 83- 125. doi: 10.22054/jplr.2023.68036.2678 (In Persian).
    5. Zahari, A. (2004). Developments in the immunity of the state rule: the effect of the Judiciary Law of the Islamic Republic of Iran and the Anti-Terrorism Law of the United States of America. Legal magazine publication of the International Legal Services Office of the Islamic Republic of Iran, 30, spring 2004, 119-177 (In Persian).

     

    1. C) Documents
    2. Islamic Parliment of Iran (2010). Law "Obliging the government to pursue and fulfill the rights of citizens and diplomats of the Islamic Republic of Iran affected by the actions of foreign governments, especially the occupying government of the United States of America" approved on June 16, 2010. Access on: https://rc.majlis.ir/fa/law/show/782397 (In Persian).
    3. Islamic Parliment of Iran (2016). Law "Obliging the government to pursue reparation for damages caused by the actions and crimes of the United States of America against the Islamic Republic of Iran and the citizens of the Islamic Republic of Iran", approved on May 17, 2016. Access on: https://rc.majlis.ir/fa/law/show/968428 (In Persian).
    4. Islamic Parliment of Iran (2017). Law "Combating Human Rights Violations and Adventurous and Terrorist Actions of the United States of America in the Region", approved on August 13, 2017. Access on: https://rc.majlis.ir/fa/law/show/1033085  (In Persian).
    5. Islamic Parliment of Iran (2018). Law "Reciprocal action against the declaration by the United States of America designating the Islamic Revolutionary Guard Corps as a "terrorist organization"" .approved on May 8, 2018, Access on: https://rc.majlis.ir/fa/law/show/1136804 (In Persian).
    6. Islamic Parliment of Iran (2012). Law “Jurisdiction of the judiciary of the Islamic Republic of Iran to deal with civil claims against foreign states”. Approved on March 7, 2012, Access on: https://rc.majlis.ir/fa/law/show/809987https://rc.majlis.ir/fa/law/show/1136804 (In Persian).
    7. Islamic Parliment of Iran (2000). Law “Civil Code of Procedure for Public and Revolutionary Courts”. Approved on April 9, 2000, Access on: https://rc.majlis.ir/fa/law/show/809987 (In Persian).
    8. Office of the Cabinet. “Examining the " Anti-sanctions bill " in the agenda of the political and defense commission of the government”. Wednesday, April 20, 2022. Access on: https://cabinetoffice.ir/fa/news/9944 (In Persian).
    9. Anti-sanctions bill. April 20, 2022. Access: https://media.cabinetoffice.ir/uploads/org/2022/04/20/165045300054469900.pdf (In Persian).
    10. Vienna Convention on Diplomatic Relations. 1961. Done at Vienna on 18 April 1961. Entered into force on 24 April 1964. Available at: https://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf (In Persian).
    11. Convention on special missions (1969). Date of adoption: 8 Dec 1969. Available at: https://www.ilsa.org/Jessup/Jessup16/Batch%201/SpecialMIssionsConvention.pdf (In Persian).
    12. Vienna Convention on Consular Relations. 1963. Done at Vienna on 24 April 1963. Entered into force on 19 March 1967. Available at: https://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf (In Persian).

     

    1. D) Other Authorities
    2. Human Rights Headquarters of the Islamic Republic of Iran (2019). "It was done at the suggestion of the Secretary of the Human Rights Headquarters; Establishing a special branch for criminal investigation of crimes caused by sanctions. 12 October 2020. Available at: https://humanrights.eadl.ir/news/articleType/ArticleView/articleId/149 (In Persian).
    3. Organization of investment and economic and technical assistance of the Islamic Republic of Iran. "Fekri: By moving towards development measures and benefiting from external opportunities, we should get out of the scope of US sanctions". 18 September 2022. Available on: https://www.irna.ir/news/84890645 (In Persian).
Public Law Studies Quarterly

Articles in Press, Accepted Manuscript
Available Online from 11 March 2024

  • Receive Date 03 April 2023
  • Revise Date 25 July 2023
  • Accept Date 10 September 2023

Home

Journal Process Ethics

Peer Review Process

Submission

Indexing and Abstracting

Contact Us