حقوق بین المللی به عنوان یکی از رشته های مهم حقوقی، همواره فراز و نشیب های خاص خود را داشته است. به خصوص پس از پایان جنگ جهانی دوم، تصویب منشور ملل متحد و آغاز دوره جدید ، تحولات بین المللی اخیر ظرفیتهای حقوقی جدیدی را اقتضا نموده، ادبیات سنتی و کلاسیک حقوق بین الملل تاب تحمل آنرا ندارد
در واقع، منشور ملل متحد و بالتبع آن اساسنامه دیوان بین المللی دادگستری مصوب 1945 تحت تأثیر و شرایط جنگ جهانی دوم به تصویب دولتها رسیده و این شرایط در روح حاکم بر آن تأثیرات جدی داشته است. به طوری که در انشای مقدمه منشور ملل متحد ملاحظه میگردد : ” ما مردم ملل متحد با تصميم به محفوظ داشتن نسلهاي آينده از بلاي جنگ كه دوبار در مدت يك عمر انساني افراد بشر را دچار مصائب غير قابل بيان نموده و با اعلام مجدد ايمان خود به حقوق اساسي بشر و به حيثيت و ارزش شخصيت انساني و به تساوي حقوق مرد و زن و همچنين بين ملتها اعم از كوچك و بزرگ و ايجاد شرايط لازم براي حفظ عدالت و احترام الزامات ناشي از عهدنامهها و ساير منابع حقوق بينالمللي و كمك به ترقي اجتماعي و شرايط زندگي بهتر با آزادي بيشتر…” از این رو، با توجه به گذر زمان و وقوع مسایل جدید بین المللی از قبیل جهان دوقطبی، فروپاشی شوروی سابق، ظهور اتحادیه اروپا، ایجاد دغدغه های محیط زیستی، مباحث حقوق بشر و بشردوستانه، بحران تروریسم ، توسعه سازمانهای بین المللی اعم از دولتی و غیردولتی، برجسته شدن نقش بازیگران غیردولتی، تأسیس محاکم بین المللی قضائی از قبیل دیوان کیفری بین المللی و … رهیافت سنتی و کلاسیک حقوق بین الملل ظرفیتهای حقوقی لازم را برای مطالعه و بررسی علمی و جامع این رشته حقوقی را ندارد. در این چارچوب، نگاهی نوین به حقوق بین الملل عمومی در محافل علمی و دانشگاهی برای شناخت صحیح حقوق حاکم بر جامعه جهانی امری اجتناب ناپذیر است
این کتاب با در نظر داشتن سرفصل مصوب وزارت علوم، تحقیقات و فن آوری و با عنایت به ضرورتهای علمی مورد نیاز دانشگاهیان در مقاطع مختلف و با نگاه به تحولات اخیر حقوق بین الملل تهیه و تدوین شده است. با وجود تکثر منابع حقوق بین الملل عمومی در کشور، این نوشته تلاش کرده است برخی از خلأها و کمبودهایی را که در سایر منابع کم و یا بیش به چشم می خورد، جبران نماید. یکی از خلأهای یادگیری صحیح و روشمند حقوق بین الملل، نبود یا ناکافی بودن مباحث روش تحقیق در این رشته حقوقی بوده که در این مجموعه به اختصار به روش تحقیق در حقوق بین الملل اشاره شده است. از طرفی دیگر خلأ طرح برخی از موضوعات جدید حقوق بین الملل عمومی از قبیل حقوق کیفری، حقوق بشر و حقوق بشردوستانه، حقوق محیط زیست و ….سبب می گردید دانشجویان و علاقه مندان به حقوق بین الملل، آگاهی لازم از موضوعات فوق را نداشته باشند. علاوه بر آن، یکی دیگر از روش های به کار رفته در این مجموعه، معرفی منابع داخلی و خارجی در هر فصل برای کمک به محققان و پژوهشگران حقوق بین الملل عمومی می باشد که به نوبه خود می تواند وجه متمایز این کتاب با سایر آثار موجود باشد. بدون تردید نوشته حاضر از یک طرف محصول بهره گیری از منابع موجود حقوق بین الملل که نتیجه چندین ساله تلاش اساتید و دانشمندان حقوق ایران و سایر کشورها بوده و از سوی دیگر، با تجربه چندین ساله تدریس اینجانب در دانشگاههای مختلف، و به منظور جبران خلأهای علمی و آموزشی موجود در منابع حقوق بین الملل عمومی برآن شدیم که مجموعه جدیدی از این رشته همیشه در حال تحول را به جامعه علمی و دانشگاهی کشور تقدیم نماییم. این اثر بیش از هرچیز مرهون زحمات و تلاشهای بی شائبه سرکارخانم اعظم پرنده مطلق می باشد که برای گردآوری و تدوین آن کوشش های مستمری داشتند. شایسته است از ایشان که هم ایده نگارش کتاب را بر اساس جزوه درسی اینجانب دادند و هم خود برای گردآوری و تدوین این مجموعه تلاش و کوشش ارجمندی را به کار گرفتند، تقدیر و تشکر نمایم. دکتر سید عباس پورهاشمی . (مقدمه کتاب حقوق بین الملل عمومی ، نوشته دکتر عباس پورهاشمی و پرنده مطلق، انتشارات دادگستر، تهران، 1395 )
Scope of our Expertise
Canadian Institute for International Law Expertise (CIFILE) is an independent international law institute located in Canada, specialized in international law matters such as Business law, Contract law, Criminal Law, Environmental law, Family law, Intellectual property and Sustainable Development. CIFILE is based in Toronto and provides Canadian and foreign clients the legal advice and represents them in international law disputes and cases worldwide.
International Contract
International Contract
CIFILE has established an International Contract Law Division to assist individuals, companies and governments for negotiation and drafting contract law. The division provides advice to our clients on establishing the legal and administrative structures necessary to comply with their obligations under international law, as well as advice on issues related to dispute resolution. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Business Law
Business Law
The main purpose of this section is related to the registration, incorporation of companies, liquidation or dissolution. We Advise our clients on the choice of the legal form and the place of registration of their companies and negotiation on share transfer agreements. Our international lawyers advise our clients to establish a company or register a branch of company in different countries. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Criminal Law
International criminal law usually applies to two different area: first of all, the international dimension of domestic criminal law, and criminal justice institutions at the international level such as International Criminal Court (ICC). One of the CIFILE area of practices is criminal law. CIFILE works with groups of international lawyers across the globe to try to promote the practice and expertise of International Criminal Law. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Immigration
Our experienced Immigration legal team at CIFILE Immigration Division offers a wide range of immigration services and specializes in Canadian Immigration to all over Canada. Our Immigration team can provide you with the necessary advice and guidance to help you plan the most effective course of action for your Canadian Immigration, either by temporary visas or permanent residency. Although many people can come to Canada as visitors without a visa, some may need a visa to visit, study and work in the country. Some may wish to immigrate to Canada and become Permanent Residents while others may be in circumstances that will require them to seek Refugee Protection in Canada. Remaining here as a landed immigrant or refugee is a long, often complicated process. Our immigration Division can make the process of obtaining and maintaining your immigration status here easier and help avoid unnecessary delays and complications. Whether you’re intended stay in Canada is temporary or if you wish to work and live here permanently, our team can assist you with the right legal advice and support you throughout the immigration process. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at: immigration@cifile.org
Environmental Law
CIFILE is trying to provide specific courses to enhance legal environmental skills and knowledge by collaboration with qualified experts and activists. This division also could work with UN’s organizations (UNEP, UNDP, UNESCO and etc.) in troubleshooting guide for environmental issues and will participate in negotiations by providing its members expertise in International Law and in foreign jurisdictions. CIFILE provides environmental expertise, legal training, online courses, conference, legal research and publication to legal professionals. CIFILE works with groups of international environmental lawyers across the globe to try to promote the practice and expertise of Public International Law. If you need further assistance or have any questions related to this task, please do not hesitate to contact our team of experts by sending an e-mail to: info@cifile.org
Family Law
Family law in Canada like as some other country is a branch of private law, whose content is mainly of legal inspiration (civil code or family procedure) but also jurisprudential and doctrinal. In addition, family law is one of the scope of the practice of our national and international lawyers. Our family lawyers are experienced in some subjects such as legal cohabitation matrimonial regimes, family housing, registry of marriage, contracts, heritage, divorce & separation, divorce by mutual consent, alimony and parental authority. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Intellectual property
CIFILE works with groups of international lawyers across the globe to try to promote the practice and expertise of Intellectual Property. In the global marketplace, CIFILE collaborates with IP lawyers throughout the world to provide applications for a variety of IP rights such as patents, trade-marks and industrial designs to prevent unfair competition in the global marketplace. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Sustainable Development
Sustainable development law as a branch of International Law is a law of the international development. As United Nations defined the Sustainable Development Goals are the blueprint to achieve a better and more sustainable future for all. They address the global challenges we face, including those related to poverty, inequality, climate, environmental degradation, prosperity, and peace and justice. In this perspective, CIFILE attempts to analyze the specific needs and challenges faced by that country to participate effectively in sustainable development. This division of CIFILE provides International Law expertise, legal training, online courses, conference, legal research and publication to legal professionals. CIFILE works with groups of international lawyers across the globe to try to promote the practice and expertise of International Investment Law.If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
International Contract
CIFILE has established an International Contract Law Division to assist individuals, companies and governments for negotiation and drafting contract law. The division provides advice to our clients on establishing the legal and administrative structures necessary to comply with their obligations under international law, as well as advice on issues related to dispute resolution.
Commercial Agreement
Drafting International Contract, Assisting companies in the field of international law, Drafting contract in export and import, Advising on the structure of the business, the various contracts and international conventions as well as all matters relating to commercial law, Advising foreign investors in several areas of law such as business law, intellectual property law, banking law and employment law. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Shareholder Agreement
A shareholder agreement usually contains provisions on the different methods of agreement of the shares. Our lawyers will define a legal framework to protect your rights in different jurisdictions. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Joint venture Agreement
This type of contract related to an agreement between two or more companies that agree to jointly create a specific purpose for a limited time. CIFILE’s International Contract Law Division with collaboration of International contract lawyers create an environment which allows our clients to benefit from the strengths and experience of the entire team. For Joint Venture Agreement, we have created a network of affiliated international lawyer for legal consultants and drafting contract around the world. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Technology Transfer
CIFILE is trying to provide specific courses to enhance legal environmental skills and knowledge by collaboration with qualified experts and activists. This division also could work with UN’s organizations (UNEP, UNDP, UNESCO and etc.) in troubleshooting guide for environmental issues and will participate in negotiations by providing its members expertise in International Law and in foreign jurisdictions. CIFILE provides environmental expertise, legal training, online courses, conference, legal research and publication to legal professionals. CIFILE works with groups of international environmental lawyers across the globe to try to promote the practice and expertise of Public International Law. If you need further assistance or have any questions related to this task, please do not hesitate to contact our team of experts by sending an e-mail to: info@cifile.org
Family Law
Family law in Canada like as some other country is a branch of private law, whose content is mainly of legal inspiration (civil code or family procedure) but also jurisprudential and doctrinal. In addition, family law is one of the scope of the practice of our national and international lawyers. Our family lawyers are experienced in some subjects such as legal cohabitation matrimonial regimes, family housing, registry of marriage, contracts, heritage, divorce & separation, divorce by mutual consent, alimony and parental authority. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Intellectual Property
CIFILE works with groups of international lawyers across the globe to try to promote the practice and expertise of Intellectual Property. In the global marketplace, CIFILE collaborates with IP lawyers throughout the world to provide applications for a variety of IP rights such as patents, trade-marks and industrial designs to prevent unfair competition in the global marketplace. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Sustainable Development
Sustainable development law as a branch of International Law is a law of the international development. As United Nations defined the Sustainable Development Goals are the blueprint to achieve a better and more sustainable future for all. They address the global challenges we face, including those related to poverty, inequality, climate, environmental degradation, prosperity, and peace and justice. In this perspective, CIFILE attempts to analyze the specific needs and challenges faced by that country to participate effectively in sustainable development. This division of CIFILE provides International Law expertise, legal training, online courses, conference, legal research and publication to legal professionals. CIFILE works with groups of international lawyers across the globe to try to promote the practice and expertise of International Investment Law.If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Business Law
The main purpose of this section is related to the registration, incorporation of companies, liquidation or dissolution. We Advise our clients on the choice of the legal form and the place of registration of their companies and negotiation on share transfer agreements. Our international lawyers advise our clients to establish a company or register a branch of company in different countries. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Registration a Company in Canada
The entrepreneur must choose a legal status for his/her company, which will be decisive for the formalities of official declaration, personal legal status, as well as in fiscal, administrative or social matters in Canada. To create a company is to give birth to a new person legally distinct from the founding partners, which is called legal person. CIFILE’s Lawyers could help you to achieve your goal to register your company in Canada. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Trademark & Intellectual property
CIFILE works with groups of international lawyers across the globe to try to promote the practice and expertise of Trademark & Intellectual property. In the global marketplace, CIFILE collaborates with IP lawyers throughout the world to provide applications for a variety of IP rights such as patents, trade-marks and industrial designs to prevent unfair competition in the global marketplace. If you need further assistance or have any questions related to this task, please do not hesitate to contact our team of experts by sending an e-mail to: info@cifile.org
Import and Export
CIFILE’s International Lawyers provide importers, producers, exporters and investors with responsive advice to facilitate the import and export from or in Canada. Our lawyers take a pragmatic approach that allows our clients to pursue their business goals. The import and export law is governing international trade, including but not limited to customs, trade, import, dispute settlement and trade agreements. CIFILE’s Lawyers have extensive experience in managing these matters and resolving any issues in favor of the client at the litigation. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Intellectual Property
CIFILE works with groups of international lawyers across the globe to try to promote the practice and expertise of Intellectual Property. In the global marketplace, CIFILE collaborates with IP lawyers throughout the world to provide applications for a variety of IP rights such as patents, trade-marks and industrial designs to prevent unfair competition in the global marketplace. If you need further assistance or have any questions related to this task, please do not hesitate to contact our team of experts by sending an e-mail to: info@cifile.org
Legal Services
Our International lawyers around the world allowing us to be able to give advice and consultation to our clients worldwide. The important components of the division’s activities are negotiation, litigation, expert legal opinion, arbitration and legal research. CIFILE’s Lawyers are able to provide legal services in several areas of law, including real estate, business law, intellectual property and litigation. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Consultation
The objective of Canadian Institute for International Law Expertise (CIFILE) is to provide consultation and technical assistance relating to practice national and international law. CIFILE’s International Lawyers offer free and paid consultation personally or by phone to individuals or business representatives under certain conditions. If you need further assistance or have any consultation related to international law, please do not hesitate to contact our team of experts by sending an e-mail to: info@cifile.org we will contact you shortly.
Negotiation
Negotiations are constantly gaining importance in international trade. It is an essential phase in the process of forming international contracts in both public and private international law. The choice of its legal framework has a direct influence on the mode of behavior of the negotiators, and acquires an additional importance at the international level, because of the great divergence of contemporary legal systems. International actors’ competition in a global economy pushes states and individuals to align with the one that offers the most attractive solutions to international operators, thus helping to bring their rapprochement during the pre-contractual phase. If you need further assistance or have any questions related to this task, please do not hesitate to contact our team of experts by sending an e-mail to: info@cifile.org
Litigation
CIFILE’s Lawyers put their experiences at your service in order to propose an adequate strategy for your dispute and to propose concrete solutions adapted to your expectations in national or international litigation. Our lawyers will define a legal or judicial strategy to protect your rights in different jurisdictions. If you need further assistance or have any questions related to this task, please do not hesitate to contact our team of experts by sending an e-mail to: info@cifile.org
Expert Legal Opinion
The purpose of expert legal opinion is to give the national or international judge more in depth information about the case such as background information on other jurisdictions and further information about the other jurisdictions laws. In civil or family cases, when there is a conflict of law or jurisdiction, the parties involved can ask for a legal opinion from experts in foreign law. The legal opinion will be sent directly to the judge, and the parties involved in the case will receive a copy. However, the other party involved in the conflict has the right to refuse the legal opinion by submitting a counter legal opinion. In this situation and in all other conflict situations, a judge has the final authority to decide how much weight to give to an expert’s legal opinion. If you need further assistance or have any questions related to this task, please do not hesitate to contact our team of experts by sending an e-mail to: info@cifile.org
Arbitration
The purpose of international arbitration law is to settle disputes between individuals, companies or states by arbitrators or judges of their choice and on the basis of respect for the international law. This definition of arbitration, given in Article 37 of the Hague Convention of 18 October 1907 on the Pacific Settlement of International Disputes, is the most precise and, as such, accepted by most scholars. Arbitration, thus, asserts itself, by its consensualism base, as the most typical procedure of the relational society of sovereign states. Closer to the forms of ordinary judicial procedure than to the diplomatic efforts, international arbitration, therefore, presupposes between the States or individuals who resort to certain solidarity or at least the adoption of a minimum of common legal language. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Legal Research
An important component of the CIFILE division’s activities is in-depth research on international public and private law. The purpose of this section is to provide the research on different aspect of international law- especially those related to compliance and law reform — in different countries around the world. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Legal Publication
One of the objectives of Canadian Institute for International Law Expertise (CIFILE) is to provide research, training and technical assistance relating to international law. CIFILE is active in publishing the latest developments in the field by arranging seminars, and panel discussions. In fact, CIFILE provides International Law expertise, legal training, online courses, conference, legal research and publication to legal professionals. The objective of Canadian Institute for International Law Expertise (CIFILE) International Investment Law Division is to provide training and technical assistance relating to international investment treaties and Investor-State arbitration. CIFILE is active in analyzing the latest developments in the field by arranging seminars, and panel discussions. This division of CIFILE provides International Law expertise, legal training, online courses, conference, legal research and publication to legal professionals. CIFILE works with groups of international lawyers across the globe to try to promote the practice and expertise of International Investment Law. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org
Contact us
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