Research note
Necessity has long been used in investment arbitration as a defence to preclude the wrongfulness of a State’s conduct in times of crisis. However, tribunals have often taken a strict view of this defence, ruling that for the defence to be available, the contested act must have been the only way for the State to protect an essential interest. The award in Unión Fenosa v. Egypt continues this trend. The tribunal therein refused the application of the defence of necessity, as against the backdrop of the 2011 Egyptian revolution. This Case Note analyses the tribunal’s ruling in terms of the necessity defence, and its potential implications for similar arbitrations where States have had to act in a swift, decisive manner in times of crisis.
Abortion is forbidden under normal circumstances by nearly all the major world religions. Traditionally, abortion was not deemed permissible by Muslim scholars. Shiite scholars considered it forbidden after implantation of the fertilised ovum. However, Sunni scholars have held various opinions on the matter, but all agreed that after 4 months gestation abortion was not permitted. In addition, classical Islamic scholarship had only considered threats to maternal health as a reason for therapeutic abortion. Recently, scholars have begun to consider the effect of severe fetal deformities on the mother, the families and society. This has led some scholars to reconsider the prohibition on abortion in limited circumstances. This article reviews the Islamic basis for the prohibition of abortion and the reasons for its justification. Contemporary rulings from leading Shiite scholars and from the Sunni school of thought are presented and reviewed. The status of abortion in Muslim countries is reviewed, with special emphasis on the therapeutic abortion law passed by the Iranian Parliament in 2003. This law approved therapeutic abortion before 16 weeks of gestation under limited circumstances, including medical conditions related to fetal and maternal health. Recent measures in Iran provide an opportunity for the Muslim scholars in other countries to review their traditional stance on abortion.
Turkey-Iran Relations: Pragmatic Economics & the Ideological Ceiling to Strategic Relations, illuminates the current status of the relationship between Turkey and Iran and explains why this state-to-state relationship has been mired in centuries of ideological, theological and geopolitical friction. At times, Turkey has been reluctant to define Iran as a security risk despite its nuclear program. At other times, Iran and Turkey have quite openly jockeyed for influence, particularly during what came to be known as the Arab Spring. Thus, despite pragmatic cooperation, these unlikely friends find themselves facing an impasse. Offering insights that are grounded in historical conflicts, which have hardened into ideological differences, this paper reveals how contemporary Turkey and Iran have sought to expand their diametrically different models of governance beyond their contiguous borders. This relationship may shift dramatically as a result of the resolution of Iran’s nuclear situation, and this shift may drive the countries back into wave after wave of ideological andgeopolitical strife that will likely have implications for much of the world, including NATO, Israel, the United States and the European Community.