Document Type : Article
Authors
1 Ph.D Student in International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
2 Associate Prof, Department of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Abstract
Laws and regulations are an important manifestation of the government's basic approaches to various international issues. Especially, depending on the issue, the law or regulation in a country may have an international aspect, or basically the law or regulation is established in order to determine the main strategies of the government in facing international issues. In this article, in order to understand the approach of the Islamic Republic of Iran to the principle of non-intervention, we examine the position of this principle in the established rules in legal system of Iran. Several principles of the Islamic Republic of Iran's Constitution, especially its principles (152) and (154), are directly related to the concept of "non-intervention" in international law. The expressions used in these principles, such as "negation of seeking domination and acceptance of domination", "abstaining completely from interfering in the internal affairs of other nations" and "supporting the rightful struggle of the oppressed against the oppressors" show the active approach of the Constitution towards the issue of intervention; Although it is accompanied by ambiguities in some cases, it outlines an approach that, while being independent, is in line with the principles and rules of international law. Iran's legal system has not had a clear approach in establishing normal laws related to the principle of non-intervention
Keywords
Main Subjects
English
- Bruno Simma (Editor) The Charter of the United Nations: A Commentary.Oxford University Press, 1995.
- Crownlie Ian: Principles of International Law, Fifth Edition, 1998, Clearendon Press Oxford.
- Encyclopedia of public international law,max planck institute for comparetive public law and international law, 1991 Vol.3.
- Momir Milojevic: The Principle of Non-Interference in the Internal Affairs of States, Law and Politics, Vol. 1, No 4, 2000.
References In Persian:
- A) Books
- Holy Quran (In Persian).
- Nahjolbalagha (In Persian).
- Constitution of Islamic Republic of Iran (In Persian).
- Alibabayi, G., & Aghayii, B. (1988). Plitics Encyclopedia: First Book: Political Words. Veis Publication, 1st Vol (In Persian).
- Amid Zanjani, A. (1997). Political Fiqh, International Law of Islam. Tehran: Amirkabir publication, 3ed Vol (In Persian).
- Annotated report of the deliberations of the Parliament of the final review of the Constitution of the Islamic Republic of Iran (1364). Islamic Majlis publication. 3rd Vol (In Persian).
- Beyg zadeh, E. (2022). International Law, Mizan Puplication, 2nd
- Haghighat, S. S. (2008). Roots, Principles and Objectives of Foreign Policy of Islamic State. Tehran: Islamic Science and culture Institute (In Persian).
- Hor Ameli, Mohammad ben hasan (2008). Vasaeloshia Elattahsil Masaelosharia. Qom: Islamia, 18th Vol (In Persian).
- Imam Khomeini (1991). Sahifeh Noor. Political and religious Testment, 3ed Vol (In Persian).
- Madani, J. (2007). Conte, porary Political History of Iran. Tehran: Islamic puplication center, 2nd Vol (In Persian).
- Mirmohammadi, S. m. (2012). The Non-Intervention Principle In Islam and International Law. Mofid University publication. (in Persian)
- Montazeri, H. (2009). Religious Government and Human Rights. Tehran: Gavahan (In Persian).
- Motahari, M. (1996). Jihad. Qom: Sadra Puplication (In Persian).
- National System of Laws and regulations of I.R.I (In Persian).
- Salehi, M. (2009). Constitution Principals in thr Light of Shoraye Negahban Ideas: 152 and 154 Principals, Tehran: Shoraye Negahban Institute (In Persian).
- Shakouri, A. (1982). The Political Fiqh of Islam. Tehran: Boostane Ketab Institute, 2nd Vol (In Persian).
- Taskhiri, M. (2006). In the Light of Islamic Republic of Iran Constitution. Translated by Mohammad Sepehri, Qom: Majmae Jahani Taghrib mazaheb (In Persian).
- Yazdi, M. (1996). Constitution For All. Tehran: Amirkabir Publication (In Persian).
- B) Articles
- Aali pour, H. (2006). Nuclear terrorism. Strategic studies, (33), 579-606 (In Persian).
- Arefi, M. (2021). An introduction to the criminalization of terrorist financing: the nature and methods of perpetration. Criminal Law lessons, (21), 247-274 (In Persian).
- Ghaderi Kangavari, R., & Aghayi Khajeh Pasha, D. (2012). Comparative analysis of the theoretical and practical foundations of resistance and terrorism, the rights and duties of liberation movements. Afaghe amniyat, (17), 95- 134 (In Persian).
- Javid, M. J., & Mohammadi, A. (2016). Evaluation of the ability to implement Article 154 of the Constitution of the Islamic Republic of Iran in contemporary international law. Public Law Studies Quarterly, (1), 71-89 (In Persian).
- Javid, M. J., Asl Zaeem, A. H. (2013). Investigating the protective approach of the Constitution of the Islamic Republic of Iran towards the underprivileged of the world. Motaleat Hoghoughi Dolat eslami, 2(3), 71-94 (In Persian).
- Raaei, m. (2003). Humanitarian interventions and human rights, Marefat, (69), 59-68 (In Persian).
- Safaei, S. H. (1988). Intervention in the affairs of other countries from the point of view of international law. Majaleh Hoghooghi Beynalmelal, (9), 5-39 (In Persian).
- Shakeri, A., & Fathi, M. (2013). From the principle of criminal legality to its being regulation based. review of the executive regulations of the Anti-Money Laundering Law 1388. Private Law Studies, the Period 43, (4), 147-164 (In Persian).
- Zeraat, A. (2002). The crime of kidnapping and hiding another. Name mofid, (33), 41-70 (In Persian).
)