The Challenge of Iran's Legal System Regarding the Forcible Effects of Treaties and Ineffectiveness of Reservations Thereto

Document Type : Original Article

Authors

1 Professor, Department of Public and International Law, Faculty of Law and Political Science, University of Tehran, Iran

2 Ph. D Student in Public Law, Faculty of Law and Political Sciences, University of Tehran, Iran

3 MA. in International Law, Faculty of Law and Political Sciences, University of Tehran, Iran

Abstract

The clear manifestation of the country's treaty system is reflected in the opinions and decisions of the Islamic Consultative Assembly or the Guardian Council in accepting or rejecting international agreements. In this perspective, several ambiguities in the issue of constitutional law can be seen as a threat to the national security of the Iran. On one hand, international treaties can forcefully impose their effects on Iran's transnational obligations without being considered by the parliament and the Guardian Council, while on the other hand, due to the lack of a monitoring mechanism, it is possible to change the approved internal and external documents. What was discussed in this study is the need to formulate a system of claim and counterclaim in the international practice of Iran and also to prepare a special mechanism to inform the competent institutions about the post-ratification process of treaties

Keywords


A) Book
Ademola, A. (2012). International Law Text. Cases and Materials. Oxford University Press.
Crawford, J. (2012). Brownlie's Principles of Public International Law. Oxford University Press,
Hannikainen, L. (1988). Peremptory Norms (Jus Cogens) in International Law: Historical Development. Finnish Lawyers' Publishing Company.
Kekdin, N., Diyeh, P., Pele, A. (1382). Public International Law. 1. translated by Hassan Habibi. ettelaat Institute Publications
Lauterpacht, H. (2011). The Function of Law in the International Community Oxford University Press;
Lepard, B. D. (2010). Customary International Law: A New Theory with Practical Applications (ASIL Studies in International Legal Theory). UK: Cambridge University Press.
Lindley, M. F. (1969). The acquisition and government of backward territory in international law. Being a treatise on the law and practice relating to colonial expansion. Negro Universities Press.
Rai Dehaghi, M. (2013). the right to reservation on human rights documents from the perspective of public international law and Islamic international law. Imam Khomeini Educational and Research Institute Publications
Saed, N. (2014). Contemporary International Law. Khorsandi Publications
Ziai Begdali, M. R. (2012). Law of Treaties. Ganj Danesh Publications
Ziai Begdali, M. R. (2014). Public International Law. Ganj Danesh Publications
 
B) Article
Aminzadeh, E., Lohrasbi, A. (1400). Legal Basis for Defending the Ballistic Missile Capability of the Islamic Republic of Iran in the International Community. Scientific Journal of Security Horizons of Imam Hossein University (AS). 14 (51).
Bahadri Jahormi, A., Fatahi Zafarqandi, A. (2014). Review of the Ambiguities of the Islamic Consultative Assembly’s Competence in Approving International Agreements with Regard to the Decisions of the Guardian. Quarterly Journal of Public Law Knowledge.  4 (12).
MacGibbon, I. I. (1953). “Some Observations on the Part of Protest in International Law". British Year Book of International Law
Noonan, P. (1984). "Revolutions and Treaty Termination". Dickinson International Law Annual, 2 (2).
Ranjbarian, A. H., Sirfi, S. (2014). Iran and the United States Freedom of Navigation Program. International Law Review. 32 (52).
Document
Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (1 September 1970). Entry into force: 21 November 1976.
Convention on limitation of liability for maritime claims (19 November 1976). Entry into force: 1 December 1986
CRS Report (2003). Missile Technology Control Regime (MTCR) and International Code of Conduct Against Ballistic Missile Proliferation (ICOC): Background and Issues for Congress (CRS Report No. RL31848). Retrieved from Congressional Research Service website:
https://crsreports.congress.gov/product/pdf/RL/RL31848/3
Framework Agreement on Facilitation of Cross-border Paperless Trade in Asia and the Pacific (19 May 2016). Entry into force: 20 February 2021.
ICJ Reports (1951). Haya de la Torre (Colombia v. Peru),
ICJ Reports (1955). East Timor (Portugal v. Australia)
ICJ Reports (1969). North Sea Continental Shelf (Federal Republic of Germany/Netherlands
ICJ Reports (1986). Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America).
Intergovernmental Agreement on Dry Ports (1 May 2013). Entry into force: 23 April 2016.
International Agreement on Olive Oil and Table Olives (9 October 2015), Entry into force: 1 January 2017.
Minamata Convention on Mercury (10 October 2013). Entry into force: 16 August 2017.
United Nations Convention on the Law of the Sea (10 December 1982). Entry into force: 16 November 1994.
 
Sites
Lohrasbi, Amir (1401). The Constitutional Council on the Protection of the International Obligations. Amin's Special Report, available at:
https://www.shora-gc.ir/fa/news/8654.