Public Law Studies Quarterly

International Negotiations in the Mirror of the Legal ‎System of Islamic Republic of Iran

Articles in Press

Document Type : Article

Authors

Abasali Kadkhodaee 1
Ali Fattahi Zafarghandi 2
Amir Lohrasbi 3

1 Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, ‎Tehran, Iran.

2 Ph. D in Public Law, Faculty of Law and Political Sciences, University of Tehran, Iran‎

3 MA. in International Law, Faculty of Law and Political Sciences, University of Tehran, Iran‎

https://doi.org/10.22059/jplsq.2023.344378.3101
Abstract
Conflicts of interest between states lead to mutual understanding due to the complex nature of the international community, resulting in the conclusion of bilateral or multilateral treaties. Negotiations the hidden aspect of this is that it imposes obligations on members through international organizations and conferences. Meanwhile, the lack of rules and regulations in the constitution and other domestic laws of Iran has left negotiations without rules. While other countries, including the United States, have designed certain mechanisms to legitimize negotiations as much as possible. This challenge, which is accompanied by the lack of information of the internal institutions of Iran about the negotiations between the governments in PrepCom, will lead to disputes between the government, the parliament and the Guardian Council. Findings show that the knowledge of competent domestic authorities of the exchange of views of governments in PrepCom, which ultimately leads to the drafting of international treaties, provides the necessary basis for resolving conflicts between the government, parliament and the Guardian Council.

Keywords

Constitution of the Islamic ‎Republic of Iran
‎Guardian Council
‎International negotiations
‎Preparatory Committee
‎Treaties.‎
Subjects

  1. English

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    1. B) Article
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    7. Zartman, W. (1989). Getting to the Table: Processes of International Prenegotiation. International Journal, 44(2).

     

    1. C) Case
    2. Haya de la Torre Case (Colombia v. Peru), International Court of Justice (ICJ), 13 June 1951
    3. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), International Court of Justice (ICJ), 27 June 1986.
    4. South-West Africa Cases; Advisory Opinion Concerning the International Status, International Court of Justice (ICJ), 11 July 1950.

     

    1. D) Document
    2. Alpine Convention, adopted 7 November 1991, entered into force 6 March 1995
    3. Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, adopted 24 March 1983, entered into force 11 October 1986
    4. Convention for the Protection of the Mediterranean Sea against Pollution, adopted 16 February 1976, entered into force 12 February 1978
    5. Framework Agreement on Comprehensive Economic Cooperation between the Republic of India and the Association of South East Asian Nations, adopted 8 October 2003, entered into force 1 July 2004)
    6. International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful Acts, November 2001, A/56/10
    7. Report of the Secretary-General, Comment of Qatar on the Draft Negotiation Principles, UN Doc A/53/332
    8. UN General Assembly, Report of the International Law Commission, 23 July 1999, A/54/10

     

    1. E) Resolution
    2. UN General Assembly, UN Doc A/RES/2467(XXIII)
    3. UN General Assembly, Principles and guidelines for international negotiations: resolution / adopted by the General Assembly, 20 January 1999, A/RES/53/101
    4. UN General Assembly, UN Doc A/RES/2340(XXII), 18 December 1967; UN General Assembly, UN Doc A/RES/2467(XXIII), 21 December 1968

     

    References In Persian:

    1. A) Book
    2. A Group of Authors (2021). The Constitution of the Islamic Republic of Iran Explored and Explained. Vol. 2, Constitutional Council's Research Institute (In Persian).

     

    1. B) Article
    2. Aminzadeh, E., & Lohrasbi, A. (2021). Legal Basis for Defending the Ballistic Missile Capability of the Islamic Republic of Iran in the International Community. Scientific Journal of Security Horizons, 14(51), 147-172 (In Persian).
    3. Mousavi, S. F. (2018). Ratification of treaties and the need to change its incorrect process. Keyhan Farhangi Magazine (In Persian).
Public Law Studies Quarterly

Articles in Press, Accepted Manuscript
Available Online from 21 December 2024

  • Receive Date 13 June 2022
  • Revise Date 20 November 2022
  • Accept Date 30 January 2023

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