نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In recent decades, the role of law in reshaping the regional order of trade and investment has increased significantly. With the expansion of multilateral treaties such as the WTO Agreements and the CISG, the concept of legal leadership has gained attention as the capacity of a legal system to shape the norms of international trade. This capacity is defined not only through economic power, but also through the persuasive force and normative legitimacy of a domestic and regional legal system. This article aims to present a model of Iran’s legal leadership in the West and Southwest Asia region. By examining the country’s legal and institutional capacities, it seeks to design a theoretical and strategic framework for Iran to play the role of a norm-maker in the regional arena. The methodology of the article is based on a comparative analysis of international instruments and the domestic laws of Iran, Turkey, the United Arab Emirates, and Saudi Arabia, which represent the four main regional actors. The main conclusion is that Iran’s legal system—supported by a deep-rooted jurisprudential doctrine, a coherent legislative history from the Commercial Code of 1931 to modern investment laws, and existing institutional capacities in organizations such as ECO and SCO—is capable of assuming normative leadership in the region within the framework of a regional regulatory network and defining a structure that secures Iran’s legal and economic interests. This leadership would be based on presenting a model of contractual justice aligned with Islamic principles and could offer an alternative to purely Western models in the region.
کلیدواژهها English