Properties outside of sovereignty of states situated in the areas including the high seas, atmosphere, outer Space and Antarctic, comprises of sea, mineral resources, fish, land animals, satellite orbits, celestial bodies, atmosphere and outer space. With considering of the range of Anfal in Imamieh jurisprudence, the properties outside of sovereignty of states can take in to account under Anfal concept other than items are excluded for its subject. The Anfal in performance position is needed to sovereignty. The areas beyond all states sovereignty in performance of Anfal divided in two parts: the first is existence of a convention that the Islamic Stated accessed it and the convention or international custom is binding and second nonexistence of any convention or international custom related to that area. In first condition, the Anfal rules are non-enforceable, because of enforcement of “binding of contracts” maxim and maintenance of international public orders then refer to international regulations. In second condition, the Anfal rules shall perform according to the power of Islamic State proportionally and to the nationals of Islamic State who intend to use of such area.
esmaeili, M., & Rahimi, S. A. A. (2019). the Properties Outside of Sovereignty of States in respect of Implementation of Imamieh Jurisprudence Regulations. Islamic Law, 16(60), 7-38.
MLA
mohsen esmaeili; Seyed Ali Asghar Rahimi. "the Properties Outside of Sovereignty of States in respect of Implementation of Imamieh Jurisprudence Regulations". Islamic Law, 16, 60, 2019, 7-38.
HARVARD
esmaeili, M., Rahimi, S. A. A. (2019). 'the Properties Outside of Sovereignty of States in respect of Implementation of Imamieh Jurisprudence Regulations', Islamic Law, 16(60), pp. 7-38.
VANCOUVER
esmaeili, M., Rahimi, S. A. A. the Properties Outside of Sovereignty of States in respect of Implementation of Imamieh Jurisprudence Regulations. Islamic Law, 2019; 16(60): 7-38.
