نوع مقاله : علمی پژوهشی
نویسنده
گروه حقوق، دانشکده علوم اداری و اقتصاد، دانشگاه اصفهان، اصفهان، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The International Court of Justice, in its judgment in the jurisdictional stage of the case of certain Iranian assets, pretended that the "nature of the transaction" carried out by the Central Bank of Iran was a commercial action, it is enough so that the assets of this institution are protected and covered by the treaty of amity between Iran and America; But it seems that in its merits judgment, the court based the standard of "function" of this institution on the basis of deviation from the previous opinion. This article, focusing on the question whether the court is allowed to deviate from its precedent or not, relying on the precedent and doctrine, will explain that when the issue has not changed, the interpretation of the court of a treaty should remain valid; Unless there is a reasonable justification for deviating from the previous interpretation. In the latest case, it seems that the court, by deviating from its previous decision, although it ignored the Res Judicata, it secured a greater interest, and that is that the property of the central bank is absolutely sovereign and as a result, it enjoys the benefits of the State immunity according to customary international law.
کلیدواژهها [English]
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