Guidance and intervention of the government on mines in legal system of IRAN with a look at jurisprudential Theories and its application to the country of Mexico

Document Type : Academicm and Research

Authors

1 Ph. D. Student in Public Law, Faculty of Law and Political Science, Islamic Azad University, South Tehran Branch, Tehran, Iran.

2 Assistant Prof, Faculty of Law and Political Science, Islamic Azad University, Varamin Branch - Pishva, Tehran, Iran.

3 Assistant Prof, Faculty of Law and Political Science, Islamic Azad University, South Tehran Branch, Tehran, Iran.

Abstract

Guidance and interventions in mines by the government from the past until now have always had a significant impact on the mining sector. The viewpoint of the legislator in granting guidance and intervention authority is rooted in jurisprudential opinions about the ownership of mines, which sometimes conflict with each other, and the reflection of these conflicts in mining laws from the past years to the present is quite clear. Therefore, in this article, firstly, the jurisprudential opinions about mines in Shia jurisprudence will be expressed, and then the analysis of the laws that show the limits and tools of the government's guidance and interventions will be discussed. Legal (Roman-Germanic or written law) with our country, we are investigating mines in Mexico. It should be noted that the sources of legal science in Mexico, like our country, include the constitution, ordinary laws, judicial opinions, custom and doctrine. In the end, by rejecting the theory of “Anfal” and encircling public rights on mines, it is stated that the government intervenes with policies, including with the help of guiding institutions, with the direct exploitation of some mines, and with the inspection of mines in Mexico We will find out the mining regulations of our country with the country of Mexico.

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References

Persian Sources
Koleini, Muhammad bin Yaqub, 1407 AH, Al-Kafi, Darul Kitab al-Islamiya publication, vol. 1, ch. 4.
Mohagheq Helli, Abul Qasim Jafar bin Hasan bin Yahya bin Saeed, 1408 A. H., Shar’I
al-Islam, Ismailian Institute Publication, vol. 3, ch. 2.
Khomeini, Ruhollah, 1392, translated by Tahrir al-Wasila Imam Khomeini (PBUH), Imam Khomeini Editing and Publishing Institute, vol. 2, ch. 1.
Allameh Helli, 1413 A. H., Rules of Laws, published by Islamic Publishing House, vol. 2, ch. 1.
Helli, Ibn Idris, 1410 A. H., Al-Raer, Islamic Publishing House, Vol. 1, ch. 2.
Allameh Helli, 1412 A. H., Mantehi, Majmam al-Bakhu-e-Islamiyya publication, vol. 8, ch. 1.
Shahid Sani, 1410 A. H., al-Rawzah al-Bahiyyah fi al-Sharh al-Lamaa al-Madashkiyya, Davari Bookstore Publishing. Vol. 2, ch. 1.
Mohagheq Damad, Seyyed Muhammad, 1418 AH, Kitab al-Khums, Dar al-Esra Publishing House, ch. 1.
Khansari, Seyyed Ahmad, 1405 AH, Jame Al-Madarak, Ismailian Institute Publication, Volume 2, Chapter 2.
Zaheili, Wahba, 1409 AH, Fiqh al-Islami and Adlatah, Dar al-Fikr publication, vol. 2.
Damiri, Bahram bin Abdullah, 1429 A. H., Al-Shamil fi fiqh of Imam Malik, Najibouye Center for Manuscripts and Heritage, ch. 1.
Mozni, Ismail bin Yahya, 1410 A. H., Al-Mozni’s summary, Nasradar al-Marafa, vol. 8.
Kanani, Mohammad Taher, 1387, Possession of public property and mabahat, Mizan publication, ch 1.
Barzegar, Ebrahim and Sayad Hosseinzadeh, 2015, "Evaluation of the Rationality of Policymaking in Iran", Public Policy Quarterly, Vol. 1.
Shakur Shahab, Reza and Ali Nouri and Seyed Reza Azimi, 1400, "Suggested Classification for Iran's Mines with an Emphasis on Small Scale Mines", Scientific Quarterly of Earth Sciences, 31, Vol. 3, P. 121.
Office of Strategic Planning and Planning and Deputy of Nuclear Planning and Strategic Supervision, 1401 Sh., "Familiarity with nuclear energy and its applications (secondary level)", Atomic Energy Organization of Iran. c 1.
Mouszadeh Ebrahim and Nasim Bekhi, 2019, "Comparative study of oil and gas mine design in Iran and the countries of the NAFTA region", Energy Law Quarterly, Volume 6.
Behmai, Mohammad Ali and Mohammad Arin, 2017, "Public ownership of oil resources and its effect on the choice of contractual model", Energy Law Studies Quarterly, Vol. 1.
Mohammadi Tharbi, Seyyed Ali, Sabzevari, Habib, 2016, "Ownership and Management of Oil and Gas Mines in Imami Jurisprudence and Iranian Laws", Fiqh and Fundamentals of Islamic Law Quarterly, Vol. 2.
Shiravi, Abdul Hossein and Farshid Farhana Kian, 2019, "Legal dimensions of appropriate regulation in the good governance of the oil industry", Energy Law Studies Quarterly, Vol. 2.
Jalali, Mohammad and Fadaei, Nazanin, 1402, "Obstacles and challenges of economic regulation in the Islamic Republic of Iran in the light of the theory of the rentier state", Comparative Research Quarterly of Islamic and Western Laws, D 10, Vol 1.
Mehrroudi, Salman, 1400, "Legal issues of the Supreme Council of Mines (fundamentals, structure, jurisdiction and method of protesting the votes)«, master's thesis, supervisor: Kivan Sedaghati, Faculty of Law, Faculty of Law and Political Sciences, Islamic Azad University Tehran South.
Nilipour, Seyed Ali Akbar, Saeed Khazaei, and Habib Aftah Ardakani, (2019), "Recognizing the government's governance duties and its importance in setting strategic plans and monitoring the performance of institutions (examination of challenges, solutions, efforts) conducted in this regard)«, Research and Audit Quarterly, No. 45.
Mahmoudi, Firouz and Sara Aghaei, 2017, "Examination of Deterrence Theory", Law Quarterly of Tehran University Faculty of Law and Political Science, Vol. 38, No. 2.
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