Examining the guarantee of implementation of violations and circumvention of sanctions from the perspective of international law

Document Type : Original Article

Authors

1 * PhD Student in Public International Law, Islamic Azad University, UAE Branch, Iran

2 ** Assistant Professor, Department of Public International Law, Islamic Azad University, UAE Branch, Iran

3 Assistant Professor, Department of Public International Law, Islamic Azad University, UAE Branch, Iran

4 Assistant Professor of Law, Faculty of Law and Political Science, Shahid Charan University of Ahvaz, Ahvaz, Iran

10.30510/psi.2022.291909.1871

Abstract

The main purpose of the obligations is to reach the recipients and fulfill the contractual obligations. The legislature has also provided for certain performance guarantees to regulate the actions of the parties. Sanctions imposed by the Security Council, the European Union, and the United States generally prohibit exchanges and services to Iran and individuals. These sanctions should be carefully formulated and limit all possible measures to circumvent the sanctions. Carrying out internal exchanges and contracts, including sanctions, requires the violation and circumvention of sanctions and is invalid in the sanctioning legal system due to opposition to the rules of jurisprudence. The importance of recognizing the legality or non-legitimacy of sanctions, as well as the increasing use of this method by powerful countries against countries, shows the need to investigate this issue. Of course, in the midst of the silence and indifference of the United Nations, the Islamic Republic of Iran can initiate a process of open protest against the illegal procedure of sanctions. Failure to perform the contract on time, which is a real breach of contract, has performance guarantees to secure the lost benefits. The guarantee of execution of the violation is related to the time when the person required to comply with the sanctions directly violates the relevant prohibition. .

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