نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
International treaties are recognized as important elements in establishing connections between different legal systems, and they have also been endorsed by the Constitution of the Islamic Republic of Iran and Article 9 of the Civil Code. The fundamental issue related to the position of international treaties within the Iranian legal system requires the recognition of the various classifications of international treaties based on criteria such as form, substance, and the formalities of their conclusion. This is necessary to determine how the institutions and authorities involved in the treaty-making process, under the provisions of the Constitution. This research examines the concept of a treaty from various perspectives, as well as the definition provided by Article 77 of the Constitution, and the treaty-making process outlined in the 1969 Vienna Convention on the Law of Treaties, concerning the Iranian Constitution. It identifies the duties and responsibilities of each of the relevant branches of power and authorities to prevent any potential liabilities for Iran. While Article 125 of the Constitution outlines the process for approving treaties and the roles of the Parliament and the President, the significant involvement of other institutions necessitates a precise determination of the position and responsibilities of the executive, legislative, and judicial branches based on the principles of the Constitution and its authoritative interpretations. Additionally, the scope of authority of other entities, such as the Guardian Council, the Expediency Discernment Council, and the Supreme National Security Council, which may have an impact on this process depending on the subject matter, should be clearly defined. Despite the clarity of some of the duties and responsibilities of the branches of power and sovereign institutions, there is still ambiguity and inconsistency in certain areas. This underscores the need for a comprehensive law regarding the conclusion and implementation of treaties, and even the potential necessity of amending the Constitution.
کلیدواژهها English
نشریه علمی «دولت و حقوق»