Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Investigating the role of multinational companies in Iranian law and their responsibility in domestic lawsuits

Document Type : Research Article

Authors
Sayyed Shahaboddin Sadeghi 1
Noushin Sadat Ebadi 2
1 Master of International Trade Law, Faculty of Law, Allameh Tabatabaei University, Tehran. (Corresponding Author)
2 Master student of International Law, Faculty of Law, University of Tehran.
Abstract
With the end of World War II, a new era began in the lives of nations and governments. Developments in international relations have been influenced by new factors and data, including the role of multinational corporations. Multinational companies operated in order to expand their activities in the world and invest in the industrial hubs of developing countries and use the facilities of such countries. Economic strength and high competition between companies and flexibility with domestic regulations as well as the ability to influence the sovereignty of countries and domestic regulations are the hallmarks of these companies. In addition, due to the activities of these companies in two or more different countries, the main subject of the lawsuits filed against these companies is the conflict of laws of the countries where the company's residence or property is located. Because litigation requires the determination of the competent court, before the conflict of laws, there is a conflict of courts or a conflict of jurisdiction, which must be resolved within the framework of legal provisions. Another point is that in some cases, the problem of conflict of laws and courts has been resolved to some extent, but due to the inconsistency of domestic laws in some other cases, this problem remains unresolved, which must inevitably seek a solution in contract law. . In this study, an attempt has been made to examine multinational companies from the perspective of Iranian law as well as the issue of conflict of laws and courts.
Keywords
Multinational corporations
conflict of laws and courts
liability
1- Arfa Nia, Behshid, (2008), Private International Law, Citizenship and Residence, Tehran, Mehtab Publications.
2- Almasi, Nejad Ali, (1384), Private International Law, Tehran, Ganj Danesh Publications.
3- Almasi, Nejad Ali, (2019), Conflict of Laws, Tehran, Academic Publishing Center.
4- Olipour, Mohammad Sadegh, (1386), International Legal Personality, Law and Fiqh Journal, dated January 7.
5- Timuri, Mohammad, (2015), the nature of legal personality and related theories, Danesh Pojohan magazine, number 9.
6- Hezinia, Nasser, (2009), the role of multinational companies in the international economy, Duniya Ekhtaz Newspaper, No. 2081.
7- Khabaz Pisheh, Mehdi, (2007), the role of multinational companies in the economy of the third world countries, master's thesis, Tehran, Imam Sadiq University, peace be upon him.
8- Zakir Hossein, Abdur Rahim, (2012), Transnational Companies, Law and Political Science Faculty Journal, No. 61.
9- Zaidel, Homan, (2015), International Economic Law, Zamani Translator, Qasim, Tehran, Publishing Institute of Legal Studies and Research.
10- Zamani, Seyyed Qasim, Shamani, Mohammad Mahdi, (2017), criteria for exercising jurisdiction over multinational companies, Noor Research Center publication, No. 84.
11- Samavati, Heshmatullah, (1375), Multinational Companies, Journal of Faculty of Judicial Sciences and Administrative Services, No. 103 and 104.
12- Charles Henry, Ford, (1390), The Culture of Multinational Companies, Tehran, Tander Publishing.
13- Shahidi, Mehdi, Yazdanian, Alireza, (1379), Civil rights, the realm of civil responsibility, first edition, Tehran, Adebistan Publishing House.
14- Safar, Mohammad Javad, (2015), Legal Personality, Tehran, Behnam Publications.
15- Safari, Mohammad, (2019), Commercial Law and Bankruptcy, Tehran, Publishing Co., Ltd.
16- Ziyai Begdali, Mohammad Reza et al., (2007), International Court of Justice Advisory Opinions and Opinions, Tehran, Allameh Tabatabai University Publications.
17- Ziyaei, Seyyed Yaser, (2018), Theoretical foundations of the extraterritorial jurisdiction of the government from the perspective of international law, Judiciary Law Journal, No. 76.
18- Ghamami, Seyyed Mohammad Mahdi, (2013), examining the concept of residence in French civil law, Kanon publication, number 53.
19- Ghorban Nia, Nasser, (2007), Legal Personality of International Organizations, Nameh Mofid Magazine, No. 14.
20- Kashani Arani, Reza Karim, (2016), conflict between the courts in the lawsuit to stop multinational companies, Modares Human Sciences Quarterly, No. 2.
21- Kazemi, Hedayatullah, (2016), Criminal responsibility of legal entities (with a look at the new Islamic Penal Code), Tehran, Dar al-Funun publishing house.
22- Mazandarani, Mohammad Saleh, Zakarinia, Haniyeh, (2012), Legal Personality of Multinational Companies and Its Effects, Comparative Law Journal, 9th Volume, Number 1.
23- Marati, Alireza, (2008), Citizenship of Legal Entities, Assistant Professor Almasi, Nejad Ali, Master's Thesis, University of Tehran.
24- Nabipour, Mohammad, (2009), the conditions of criminal responsibility in the Islamic Penal Code, Ta'ala Al-Hawq magazine, No. 7.
25- Nasiri, Morteza, (1370), Multinational Laws, Tehran, Danesh Afrooz Publishing Company affiliated with Amir Kabir Publishing House.
26- Nasiri, Morteza, (1371), Multinational companies according to Iran's laws, Journal of International Relations for Multinational Companies, No. 7 and 8.
27- Hadavand, Mahdieh, (1400), citizenship of legal entities (emphasis on multinational companies), Qonun Yar International Quarterly, No. 17.
28- Anderson, Ulf, Dellestrand, Henrik and Pedersen, Torben, The Contribution of Local Environments to Competence Creation in Multinational Enterprises, Long Range Planning, (2013).
29- Barake, Mona, Neef, Theresa, Chouc, Paul-Emmanuel, Zucman, Gabriel, Collecting the Tax Deficit of Multinational Companies: Simulations for the EU, EU Tax Observatory, (2021).
30- Boussebba, Mehdi, Control in the Multinational Enterprise: The Polycentric Case of Global Professional Service Firms, Journal of World Business, Vol.50, (2015).
31- Brownlie, I, (2003), Principles of Public International Law, 6th edition, Oxford.
32- Ozlet, François, Human Rights and Multinational Corporations: The United-Nations Policies and Companies' Responsibilities to Protect Human Rights in Business, Translated by Pooya Yaghoobirad, Journal of Legal Research 20, No. 46, (2021).
33- Poulsen, Annette, Corporate Governance of a Multinational Enterprise: Firm, Industry and Institutional Perspective, in Journal of Corporate Finance, Vol.57, (2019).

  • Receive Date 11 January 2022
  • Revise Date 17 January 2022
  • Accept Date 31 January 2022