چکیده مقاله
The Case of Société Commerciale de Belgique was among the first cases with a commercial nature that was brought before the Permanent Court of International Justice ‘PCIJ’ This case is important in several ways and has gained prominence in international law discourse This article in a descriptive analytical study conducts qualitative research to answer the question of what is the case of Société Commerciale de Belgique all about and what its outstanding legal features are Therefore, after providing an introduction, a brief overview of the dispute, and the proceeding of the PCIJ, the decision of the court is legally analysed; moreover, the aftermath of the dispute is discussed Finally, it is concluded that this case is significant in terms of the rejection of the claim of force majeure as a ground to abstain from the payment of compensation, the issue of diplomatic protection of corporation by the Government of Belgium, the acceptance of the additional claim, the confirmation of an arbitral decision by the PCIJ, and the opinion of the municipal court that such arbitral awards do not require an exequatur; but still, the most prominent aspect of this dispute is the possible role for the third states to take the initiative in resolving the commercial disputes not only among the states but also between states and corporations
کلیدواژهها
نویسندگان
Mohammad Akefi Ghaziani
PhD student of International Law, Faculty of Law, University of Qom, Qom, Iran
Moosa Akefi Ghaziani
Assistant Professor, Department of Law, Payame Noor University PNU , P O Box ۱۹۳۹۵ ۴۶۹۷, Tehran, Iran
شیوه ارجاع
Akefi Ghaziani, Mohammad and Akefi Ghaziani, Moosa,1400,Analysing the Legal Aspects of the Case of Société Commerciale de Belgique,1st international conference on the mutation of management science, economics and accounting,Sari
ارائهشده در
مجموعه مقالات اولین کنفرانس بین المللی جهش علوم مدیریت، اقتصاد و حسابداری19 اسفند 1400 · ساری