When States cannot or are not willing to settle their disputes by resorting to peaceful means, weapons are instantaneously brought into play. Wars, as a matter of course, result in immeasurable and immense sufferings among civilians and drastic damages to nature as well as objects.


International Humanitarian Law (IHL), as a branch of Public International Law, is a set of rules that seek to limit the effects of armed conflicts by protecting persons who are not participating in hostilities and also by restricting and regulating the means and methods of warfare. IHL is sometimes referred to either as “the law of armed conflict” or simply “the law of war” (jus in bello). Armed conflicts can be of an international or non‑international character.

A major part of international humanitarian law is contained in the four Geneva Conventions of 1949:


(1) the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field,


(2) the Convention for the Amelioration of the Condition of the Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea,


(3) the Convention Relative to the Treatment of Prisoners of War, and


(4) the Convention Relative to the Protection of Civilian Persons in Time of War.


Nearly every State in the world has agreed to be bound by those conventions. The Conventions have been developed and supplemented by two further agreements: The Additional Protocols of 1977 relating to the protection of victims of armed conflicts:


  1. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977


  1. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977


To be continued


By: Dr. Parastou Esmailzadeh

Attorney at Law, PhD in International Law, Head of International Trade Law Department





ICJ’s Jurisdiction

The Court’s role as the main judicial organ of the UN is to settle the submitted legal disputes between states and also to give advisory opinions on legal questions referred to it by authorized United Nations organs and UN’s specialized agencies.

Strictly speaking, ICJ has jurisdiction over:

  1. Settling the Contentious Cases, in which the Court renders its judgment and its judgment is binding upon the parties to the dispute.
  2. Providing Advisory Opinions, in which the Court answers legal questions raised in regard to International Law.

The Court renders its decisions in respect of the disputes between states, based on the voluntary participation of the States concerned.

As per Article 36 of the Court’s Statute:

” The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.

The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning:

A: The interpretation of a treaty;

B:Any question of international law;

C:The existence of any fact which, if established, would constitute a breach of an international obligation;

D:The nature or extent of the reparation to be made for the breach of an international obligation.”


By: Dr. Parastou Esmailzadeh

Attorney at Law, PhD in International Law, Head of International Trade Law Department


The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. ICJ was established in June 1945 by the Charter of the United Nations and began its work in April 1946. Unlike the other principal organs of the UN which are all located in New York, the Peace Palace in The Hague (Netherlands) is the seat of ICJ. The official languages of the Court are English and French.

Article 2 of ICJ’s Statute provides: “The Court shall be composed of a body of independent judges, elected regardless of their nationality from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are juris consults of recognized competence in international law.”

As per Article 3 and Article 13 of the Statute of the Court, ICJ consists of 15 judges with different nationalities who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. The judges shall be independent and shall be elected regardless of their nationalities from among persons of high moral character. They also need to be expert and reputable in the field of International Law.

In accordance with paragraphs 2 and 3 of Article 31 of the Court’s Statute, a State Party to a case brought before ICJ which does not have a judge of its own nationality on the Bench, may choose a person to sit as an ad-hoc judge in that specific case under the conditions laid down in Articles 35 to 37 of the Rules of the Court. Furthermore, this point needs to be taken into consideration that the ad-hoc judges do not necessarily have to be nationals of the states that designate them.

By: Dr. Parastou Esmailzadeh

Attorney at Law, PhD in International Law, Head of International Trade Law Department

Daad & Kherad Law Firm


“Negotiate like a Pro:”

Acting on behalf of the clients as a “Negotiator” is one of every lawyer’s day-to-day workloads. Therefore, in doing so, it is required that the lawyers master their emotional intelligence and empathy, the two significant skills not easily taught. In order to succeed as a negotiator, be mindful of the fact that it is pivotal to be ‘hard on the problem’, but ‘soft on the people’. To put it another way, be firm about your client’s positions without making it personal for the person sitting across the negotiating table. Be courteous and collaborative as a negotiator; since, first and foremost, settling a dispute in the negotiation room is likely to be more amicable, low-priced and generally less time-consuming for your client than taking a case to court.

“Be Passionate about Being a Lawyer”

In order to be successful in practicing law, “True Passion” is always needed for the job. You might have already heard the popular cliché that “choose a profession you love and you will never work a day in your life”. Needless to say, we all know that it is not as simple as it sounds in real world, however, scientific evidence confirms that “the importance of passion for your work cannot be denied.”

Simply put, lawyers who are passionate about their jobs are happier, more fulfilled, and as a result, they actually perform better in their profession.

By: Dr. Parastou Esmailzadeh

Attorney at Law, Head of International Trade Law Department

United Nations peacekeepers (also known as Blue Helmets) consist of soldiers, police officers, and civilian personnel. In other words, the UN military personnel are the Blue Helmets on the ground that help countries navigate the difficult path from conflict to peace. Today, they are composed of over 97,000 military personnel contributed by national armies from across the globe.

UN peacekeepers have the ability to deploy troops and police from around the world, integrating them with civilian peacekeepers to address a range of mandates set by the United Nations Security Council and General Assembly. All military personnel working under the Blue Helmet are first and foremost members of their own national armies and are then seconded to work under the command and control of the United Nations.

UN military personnel can be called upon to:

  • Protect civilians and UN personnel;
  • Monitor a disputed border;
  • Monitor and observe peace processes in post-conflict areas
  • Provide security across a conflict zone;
  • Provide security during elections;
  • Assist in-country military personnel with training and support
  • Assist ex-combatants in implementing the peace agreements; they may have signed.

Since 1948, the UN has helped end conflicts and foster reconciliation by conducting successful peacekeeping operations in dozens of countries, including Cambodia, El Salvador, Guatemala, Mozambique, Namibia and Tajikistan.

There are currently 12 peacekeeping operations led by UN’s Department of Peace Operations which are listed as below:

      1.MINURSO, Western Sahara

      2.MINUSCA, Central African Republic

      3.MINUSMA, Mali

      4.MONUSCO, D.R. of the Congo

      5.UNDOF, Golan

     6.UNFICYP, Cyprus

      7.UNIFIL, Lebanon

      8.UNISFA, Abyei

      9.UNMIK, Kosovo

     10.UNMISS, South Sudan

    11.UNMOGIP, India and Pakistan

     12.UNTSO, Middle East

By: Dr. Parastou Esmailzadeh

Attorney at Law, Ph.D. In International Law, Head of International Trade Law Department

Preamble: Iran is a country located in Western Asia. Iran is the second largest country in the middle east and the 18th largest county in the world by area, with many investment opportunities and economic advantages. According to Principle 44 of Iran’s Constitution, the economy of Iran consists of three sectors: Public, Private, and Cooperative. […]

موسسه حقوقی داد و خرد



  1. Foreign Investment Briefly Explained

Before getting into the main subject of this article, it deems necessary to briefly explain what foreign investment is and what the result of foreign investment would be for the parties involved.

Simply put, foreign investment refers to investing in domestic companies and assets of another country by a foreign investor which can result in increasing the income of locals and enabling them to have more purchasing power. Other advantages of foreign investment include but not limited to the following:

  • Economic Growth: The recipient countries of foreign investment often experience more economic growth by opening their countries up to the new markets.
  • Technology Transfer: Foreign investment, most of the times, introduces the world-class technologies and technical expertise to the developing countries.
  • Job Creation and Employment: Most of the Foreign investments are aimed to establish new businesses in the host countries which inevitably leads to job creation and higher wages.
  • Upgrading quality of products and boosting export capabilities

Generally, the host countries consider and offer a variety of benefits for the investors to attract more of their capitals, such as:

  • Tax exemptions and incentives
  • work permit issuance
  • The right to transfer profits (dividends) as well as capital and gains on capital in foreign exchange.
  • The right to enjoy equitable treatment accorded to domestic investors


In other words, both the recipient country as well as the investor benefit from the foreign investment in parallel.

  1. Getting to Know Iran

Iran is a country located in Western Asia. Iran is the second largest country in the middle east and the 18th largest county in the world by area with many investment opportunities and economic advantages.

According to Principle 44 of Iran’s Constitution, the economy of Iran consists of three sectors: Public, Private, and Cooperative. Under this Principle, the government owns all the major industries, however, the limitation of the private sector is redefined and accordingly, keeping the core management in main industries by the government, the private sector is allowed to participate in such industries through Privatization.

  1. Iran’s Economic Advantages

Iran has many economic advantages which makes it attractive for the investors, such as:

  • Rich in Natural Resources
  • Young and educated population
  • Large domestic market
  • Developed infrastructure in transportation, telecommunication and energy
  • Tax exemptions and incentives
  • One of the top producers of Zinc, Lead, Cobalt, Aluminum, Manganese and Copper in the world
  • Ranks amongst the Top 7 Countries in Producing 22 Important Agricultural Products
  • Ranked as the 7th Oil producer countries in the world


  1. Investment Opportunities in Iran:


Foreign investment is one of the most important subjects of International Trade. Therefore, every country tries its best in order to attract more capital to be invested in their countries through the foreign investment process.

In this regard, in Iran, Foreign Investment Promotion and Protection Act was adopted in 2002. In other notion, the main legal basis for foreign investment in Iran is the “Foreign Investment Promotion and Protection Act” (FIPPA). The FIPPA grants the foreign investors the same rights, protections and facilities available to domestic investors, such as permission for investment in all fields where private sector activity is allowed and permission to hold up to 100% of shares in Iranian legal entities and the right to receive compensation resulting from expropriation (deprivation of ownership) and nationalization of foreign capital. Furthermore, FIPPA includes provisions in order to ensure free transfer of foreign capital and profits of foreign investment abroad. Pursuant to FIPPA regulations, residence and work permits for foreign personnel are facilitated.

As a final note, it is important to highlight that Iran is the country of opportunities for investors which some of the investment opportunities in Iran are numerated as below:

  • Investing in Hotel Construction
  • Investing in Industrial Commercial Welfare Complex
  • Investing in Solar Power Plants
  • Establishing Oil Refinery
  • License of Brokerage Firm for Sale
  • Export Crude Oil
  • Petrochemical Catalysts Production Line
  • Water Plans
  • Wind energy
  • Investment and participation in the Agricultural and Industrial complex
  • Tourism Residential Projects
  • Knowledge-based companies (startups)
  • Setting up the rating agencies
  • Investment in Healthcare
  • Waste management
  • Gas Station
  • Residential Projects


Dr. Parastou Esmailzadeh

Head of International Trade Law Department