Document Type : Article
Authors
1 Ph.D student in public law, University of Tehran, Tehran, Iran
2 prof., of the Department of Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
3 MA. in public Law at Tabriz University, Tabriz, Iran
Abstract
Article 153 of the Constitution of the Islamic Republic of Iran, recognizing the bitter experience of the past, resulting from the conclusion of hegemonic treaties, has prohibited any contract that causes foreign domination of natural resources, economy, culture, etc. This Article seems to need to redefine the instances of contracts subject to domination because it can lead to misunderstandings. However, this paper seeks to redefine the instances of article 153 while defining "domination" and the scope of the concept of "alien", as well as answer the ambiguities in this field using an analytical-descriptive method, with library resources and opinions of the Guardian Council. This paper is based on the premise that the objectification of article 153 requires the relevant laws and its explanation and completion by the parliament, and the emptiness of ordinary law in defining the instances of article 153 makes the mentioned principle one of the suspended and silent articles. Therefore, the main finding of the present article is that the instances of the mentioned principle, including "other affairs of the country", can lead to misunderstandings and interpretations that can have profound effects on national interests.
Keywords
English
- A) Books
- M.A. Black (1968), Black’s Law Dictionary, 4th Ed.
- Helvey, Robert (2004), On Strategic Non-violent Conflict: Thinking about the Fundamentals, Boston, The Albert Einstein Institution.
- B) Articles
- Buckley, Peter J. L. Jeremy Clegg, Adam R. Cross, Xin Liu, Hinrich Voss and Ping Zheng, The Determinants of (2007), “Chinese Outward Foreign Direct Investment”, International Expansion of Emerging Market Businesses, Vol. 38, No. 4, pp. 499-518.
Refereances In Persian
- A) Books
- Abolghasem, Mohammad (2006), Understanding culture, Tehran: Arsh Pajooh Publications (In Persian).
- Arfania, Behshid (2003), Private International Law, Vol.1, Fifth Edition, Tehran, Behtab Publications (In Persian).
- Azarnoosh, Azartash (2005), Arabic-Persian Dictionary, Sixth Edition, Tehran: Ney Publications (In Persian).
- Aaron, Raymond (2005), The Basic Stages of Thought in Sociology, translated by Bagher Parham, seventh edition, Tehran: Scientific and Cultural Publishing Company (In Persian).
5- Behzadi, Hamid (2013), Principles of International Relations and Foreign Policy, Tehran: Dehkhoda Publications (In Persian).
6- Jafari Langroudi, Mohammad Jafar (1993), Legal Terminology, Sixth Edition, Tehran: Ganj-e-Danesh Publications (In Persian).
- Dehkhoda, Ali Akbar (2006), Dehkhoda Medium Culture, First Edition, Tehran: Institute of Publishing and Printing, University of Tehran (In Persian).
- Taheri, Mohsen (2016), The Constitution of the Islamic Republic of Iran, First Edition, Tehran: Jungel Publications (In Persian).
- Abbasi, Bizhan (2020), Principles of Public Law, Third Edition, Tehran: Dadgostar Publications (In Persian).
- Abbasi, Bizhan (2016), Human Rights and Fundamental Freedoms, Second Edition, Tehran: Dadgostar Publications (In Persian).
- Amid, Hassan (1983), Farhang Farsi Amid, 22nd edition, Tehran: Ibn Sina Publications (In Persian).
- Falsafi, Hedayatullah (2016), International Law of Treaties, Fifth Edition, Tehran: Farhang-e Nashr-e Noo Publications (In Persian).
- Mokrami, Mohammad Ali (1989), Private International Law, Tehran: Faculty of Judicial Sciences Publications (In Persian).
- Naqibzadeh, Ahmad (2006), An Introduction to Political Sociology, Fifth Edition, Qom: Mehr Publications (In Persian).
- Hashemi, Mohammad (2005), Constitutional Law of the Islamic Republic of Iran, Vol.1, Sixth Edition, Tehran (In Persian).
- B) Articles
- Ashna, Hesamuddin & Rouhani, Mohammad Reza (2010), "Iranian Cultural Identity, from Theoretical Approaches to Fundamental Components", Cultural Research Quarterly, Vol. 3, No. 4, pp. 157-185 (In Persian).
- Mesbahi Moghadam, Gholamreza; Shahbazi Ghiasi, Musa & Nakhli, Seyed Reza (2011), "Principles and Policies Governing the Consumption of Anfal and Its Revenues in the Islamic State", Quarterly Journal of Iranian Economic Research, Vol. 16, No. 48, pp. 193-221 (In Persian).
- Shabani, Mohammad Reza (2009), "Culture of elimination or elimination of culture", Report Journal, 18th year, No. 208, pp. 52-53 (In Persian).
)