The Method of Explicit Amendment of International Treaties from the Perspective of the Iranian Constitution With a Special Focus on the Opinions of the Guardian Council

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Kadkhodaei Abbas Ali; Fattahi Zafarghndi Ali; Lohrasbi Amir

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2025 | Volume:14 | Issue:4 Page(s): 1-22

Download Full-Text

Persian Verion

View:

Download:

Cites:

Information Journal Paper

Title

The Method of Explicit Amendment of International Treaties from the Perspective of the Iranian Constitution With a Special Focus on the Opinions of the Guardian Council

Author(s)

Kadkhodaei Abbas Ali | Fattahi Zafarghndi Ali | Lohrasbi Amir | Issue Writer Certificate

Keywords

Constitutional Council

International Law

International law of treaties

Islamic Republic of Iran

Formal Amendments

Abstract

Articles 39 to 41 of the 1969 Vienna Convention on the Law of Treaties contain rules regarding the amendment of international treaties, stipulating that amendments can be applied with the agreement of the parties involved. Essentially, the establishment of such a mechanism in international treaty law was designed to address the evolving needs of society, ensuring that global issues and challenges do not hinder the advancement and implementation of treaty objectives. It allows for the continuation of treaties by enabling changes to their provisions. The main challenge lies in the impact of the treaty amendment process on the international obligations of states and treaty members, which could divert them from the pre-established goals of the treaty. For this reason, the Guardian Council, in reviewing international agreements under principles 77 and 125 of the Constitution, has consistently intertwined the issue of treaty amendments with adherence to Article 77 of the Constitution, ensuring that no obligations are imposed on the state beyond what has been ratified in the internal system of the Islamic Republic of Iran. The primary concern of this paper, which is written using a descriptive-analytical research method, is to explore the basis of the contradiction between the explicit method of amending international treaties and principle 77 of the Constitution in the opinions of the Guardian Council. According to the research findings, the consideration of the state's consent in the treaty amendment process is deemed the main condition for the compliance or contradiction of these amendments with principle 77 of the Constitution within the legal system of the Islamic Republic of Iran.

Multimedia

No record.

Cites

No record.

References

No record.

Cite

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans