Public Law Studies

Challenges in Designating National Authorities for Treaties by the Islamic Consultative Assembly

Document Type : Article

Authors

Abdolmajid Soudmandi 1
Mahmoud Abbasi 2

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

https://doi.org/10.22059/jplsq.2024.365848.3399
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
Subjects

  1.  English

    1. A) Books
    2. United Nations (1963). Treaties and International Agreements registered or filed and recorded with the Secretariat of the United Nations. 429. New York: United Nations Publications.
    3. United Nations (1977). Treaties and International Agreements registered or filed and recorded with the Secretariat of the United Nations. Vol. 828. New York: United Nations Publications.
    4. United Nations (1983). Treaties and International Agreements registered or filed and recorded with the Secretariat of the United Nations. Vol. 993. New York: United Nations Publications.
    5. United Nations (2007). Treaties and International Agreements registered or filed and recorded with the Secretariat of the United Nations. Vol. 2241. New York: United Nations Publications.

     

    1. B) Articles
    2. Blackman, D. J. (1997). The National and International Roles of the Competent Authority. International Journal of Radioactive Materials Transport, 8(3-4), 181-184.
    3. De Somer, S. (2017). The Powers of National Regulatory Authorities as Agents of EU Law. Viewed on 24th May 2023, https://library.unej.ac.id/repository/ERA_Forum0A.pdf.

     

    References In Persian:

    1. A) Books
    2. Ziaee Bigdeli, M. R. (2017). Law of International Contracts. Sixth edition, Tehran: GanjDanesh Publications (In Persian).

     

    1. B) Articles
    2. Bagheri Kumaraliya, M. (2014). A comparative study of Iran's legislative criminal policy with the Merida Convention in the fight against financial corruption and its developments. Journal of Legal Research, (27), 63-92 (In Persian).
    3. Ghasemi, G. A. (2015). Deterrent measures against economic corruption in the light of the anti-corruption convention and Iran's regulations. Journal of Comparative Law, (106), 147-170. DOI: 10.22096/law.2016.25779 (In Persian).
    4. Heidarian Dolatabadi, M. J.; Mazaheri Kohanestani, R. (2019). Establishment of the National Authority for the Protection of Intellectual Property Rights in the Line of Resistance Economy. Islamic Economics, (77), 211-237 (In Persian).
    5. Hosseini, S. I. (2012). Limitations of the Islamic Parliament in Legislation (Subject to Article 71 of the Constitution). Islamic Government, 17(4), 163-194 (In Persian).
    6. Mansourian, M.; Khosravi, H. (2023). Relativity of "General Legislation Authority of the Parliament" and "General Command of the Armed Forces" in the procedure of the Guardian Council. Quarterly Journal of Public Law Knowledge, (39), 163-184. DOI: 22034/qjplk.2022.1460.1373 (In Persian).
    7. Mousavi, S. F.; Muslimi Bidhandi, F. (2012). Illegal Migration by Sea in the Light of International Law. Private Law Studies Quarterly, 43(4), 185-200. DOI: 22059/jlq.2014.50112 (In Persian).
    8. Nazarpour, M. (2016). The position of the armed forces in the Islamic Republic of Iran. Hossoun Quarterly, (11), 136-162 (In Persian).
    9. Tangestani, M. G. (2018). Limits and accessories of the powers of the head of the judiciary in "creating the necessary institutions in the judiciary" in Iran's legal system. Administrative Law, (19), 53-78 (In Persian).
Public Law Studies
Volume 55, Issue 4 - Serial Number 44
Winter 2026
Winter 2026
Pages 2347-2370

  • Receive Date 25 September 2023
  • Revise Date 28 April 2024
  • Accept Date 15 September 2024

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