List of Articles همایون  مافی

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  1 - Conflict of Interests in International Arbitration with Emphasis on IBA Guidelines
  مهدی  فلاح همایون  مافی
  Lack of adequate transparency and uniformity in application of the existing criteria of international arbitration, and existence of conflicting interests in international arbitration, have led the International Bar Association (IBA) to launch a range of practical and su More

  Lack of adequate transparency and uniformity in application of the existing criteria of international arbitration, and existence of conflicting interests in international arbitration, have led the International Bar Association (IBA) to launch a range of practical and substantive recommendations known as “IBA Guidelines on Conflicts of Interest in International Arbitration.” The present paper tries to look into the performance and achievements of the IBA Guidelines, especially when compared to other bodies of arbitration rules and regulations? The paper argues that although the Guidelines are not in tune with other rules of arbitration with respect to certain issues such as imposing restrictions on subjective standard of disclosure, the impact of non-disclosure, and the effect of the investigations on the arbiter’s decision, they can still blaze a new trail which could lead to a higher level of coordination among various procedures of international arbitration. Manuscript profile
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  2 - Primacy in Relation Between the International Court of Justice and UN Security Council
  همایون  مافی وحید بذّار
  Undoubtedly, United Nations is the most effective international organization that has played the most important role in relations between states and thus has acquired considerable prestige among the main subjects of international law (States). Security Council as the po More

  Undoubtedly, United Nations is the most effective international organization that has played the most important role in relations between states and thus has acquired considerable prestige among the main subjects of international law (States). Security Council as the political body and International Court of Justice as the judicial body of the organization, have had an important role in achieving this prestige. However, the relationship between the two organs has been always discussed in various fields because of the silence of the UN Charter. By considering of subjects such the possibility of simultaneously raising an issue in the Court and Security Council, the possibility of handling of political issues in the Court and handling of legal issues in Security Council, the possibility of creation of jurisdiction for the Court by Security Council, and the possibility of judicial supervision of the Court on the Council, this article endeavored to response to the main challenge which are there precedence interrelation those? Manuscript profile