نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Obligations and play a crucial role in Iran's international relations. Despite their importance, the position and status of these treaties among other legal norms in the Iranian legal framework are not clearly defined.
An analysis of Iranian regulations regarding treaties reveals that only Article 9 of the Civil Code addresses their status within the hierarchy of laws in the Islamic Republic of Iran. However, due to the outdated and ambiguous nature of this article, it cannot be considered a clear and comprehensive criterion for determining the position of treaties. Thus, other rules and requirements must also be considered to ascertain the status of treaties in this hierarchy.
These requirements include the explicit prioritization of treaties over ordinary laws in Iranian legislation, the Islamic character of the Iranian legal system, the preference for multilateral agreements over unilateral ones, adherence to the United Nations Charter, compliance with international customs, observance of peremptory norms of international law, and the prevention of international responsibility.
Due to the absence of a definitive practical approach to determining the status of treaties compared to ordinary laws in the Iranian legal system, one cannot assert with certainty that treaties take precedence. However, it can be stated that treaties should occupy a higher position than ordinary laws within the hierarchy of the Iranian legal system. A conclusive opinion on this matter depends on the establishment of a practical approach in the legal system of the Islamic Republic of Iran.
کلیدواژهها English