Document Type : Article
Authors
1 Assistant Professor, Faculty of Law and Social Sciences, Payame Noor University, Tehran, Iran
2 Associate Professor, Faculty of Law, Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran
Abstract
In designating Iran’s national authorities for international treaties, the Islamic Consultative Assembly (Parliament) may face not only limitations arising from compliance with the Constitution and Sharia but also practical challenges. This study, using a descriptive-analytical approach, examined examples of challenges in the Parliament’s designation of national authorities and identified the main sources of such challenges as follows: First, the overlap of treaty-related responsibilities of the national authority with duties assigned to two or more domestic bodies. This becomes particularly challenging when the bodies involved in the treaty belong to different branches of government or are independent entities outside the formal branches. Second, the designation of a national authority for a treaty protocol when the national authority for the main treaty has already been determined by the government. If the national authorities for the treaty and its protocol are designated by two different bodies (e.g., the government and the Parliament), necessary coordination between them may not be ensured. Third, the restriction on benefiting from the advantages of joining an international treaty, since the Parliament’s designation of the national authority prevents the government from changing that authority. Modifying it through the Parliament is usually a lengthy process and may not succeed for non-legal reasons, such as political disputes.
Keywords
- supreme national security council
- judiciary
- national authority
- armed forces
- overlapping duties of domestic bodies
- ministry of justice
- ministry of defense
Main Subjects
English
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