Formal Treaty Amendment Procedure; from the perspective of the Constitution of the Islamic Republic of Iran with emphasizing the views of the Constitutional Council

Articles in Press

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 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 rules related to the amendment of treaties have been compiled in the Vienna Convention on the Law of Treaties, according to which, the amendment of treaties will be applicable with the agreement of the parties. The amendment of treaties is to respond to the needs of the international community so that global issues do not harm the implementation of the treaty. The important issue is, what is the effect of amending the treaties on the obligations of the parties and can these amendments move the states away from the goals of the treaty? For this reason, the Constitutional Council has always combined the issue of amending treaties in compliance with Article 77 of the Constitution, so that no obligation is imposed on the government outside of what has been approved in the domestic legal system of the Islamic Republic of Iran. The main question of the research is whether the amendment of treaties is in contradiction or in compliance with Article 77 of the Constitution. According to the results, the role of consent in the amendment of treaties process is the main condition for the legitimacy of these amendments in the legal system of the Islamic Republic of Iran.

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Public Law Knowledge Quarterly

Articles in Press, Accepted Manuscript
Available Online from 07 September 2024

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History

  • Receive Date: 25 December 2023
  • Revise Date: 02 March 2024
  • Accept Date: 07 September 2024

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