The basics of international obligations` acceptance from the perspective of the leaders of the Islamic Revolution of Iran: with an emphasis on the Security Council resolutions

Jalalii, Vahid; Azizi, Sattar; Jafari, Mohammadjavad

The basics of international obligations` acceptance from the perspective of the leaders of the Islamic Revolution of Iran: with an emphasis on the Security Council resolutions

Document Type : Original Article

Authors

vahid jalalii ¹

Sattar Azizi ²

Mohammadjavad Jafari ³

¹ Ph.D. Student in Public Law, Department of Law, Kermanshah branch, Islamic Azad University, Kermanshah, Iran

² Professor of International Law, Faculty of Humanities, Bu-Ali Sina University, Hamedan, Iran

³ Assistant Prof, Department of public law, Kermanshah branch, Islamic Azad University, Kermanshah, Iran

Abstract

Adherence to the obligations resulting from international treaties such as the United Nations Charter and the obligations arising from it, including the Security Council resolutions in the legal system of the Islamic Republic of Iran, which is influenced by the powers of the legal guardian, has different theoretical foundations from other states. Although Article 25 of the United Nations Charter obliges the member states to accept and implement the decisions of the Security Council, and the organization's practice considers at least the resolutions issued based on the seventh chapter of the Charter to be binding, however, the Islamic Republic of Iran has always been critical of the actions of this organ due to the fact that it sees most of the Security Council's decisions as detrimental to itself. Resolutions 598 and 2231 of the Security Council, the first of which ended the war and the second of which temporarily ended the nuclear conflict between Iran and the West, although it has finally been approved by the highest political authority in Iran (supreme leader), this acceptance was not done out of commitment to international obligations and requirements arising from the Charter, but simply by adhering to and appealing to political-jurisprudential standards. The investigation of this research is analytical-descriptive and the method of collecting information is library. The question of this article is about the position of the resolutions of the Security Council in the fundamental rights of the Islamic Republic of Iran, and the hypothesis that is raised is that since the system governing the Security Council is unfair, oppressive and a reflection of the system of domination in the eyes of the leaders of the Islamic Republic, therefore, the possible acceptance of the aforementioned resolutions is not based on international obligations and its norms, but on the basis of politics.

Keywords

JCPOR

Constitution

Leaders of the Islamic Revolution

Security Council

domination system

Subjects

Political Thoughts of the Founder of the Islamic Republic of Iran

Arasta, Mohammad Javad Analytical Foundations of the Islamic Republic of Iran System, Reflections on Political Jurisprudence and Jurisprudential Foundations of the Constitution, Islamic Republic of Iran, (2010) Qom, Bostan Bookstore
Space Click-Kit International Organizations (2005) Translated by Dr. Sharifi Taraz Kouhi Tehran, Mizan Publishing
Asadi, Alireza, (2017) Studying the Nature of Globalization and Its Relationship with the System of Dominance in Imam Khamenei's Thought, Basij Studies Quarterly, Year 20, (Issue 6), pp. 24-5
Abrahamian, Yervand, (2005) Iran Between Two Revolutions, Tehran, Ney Publishing
Elham, Gholamhossein and Seyyed Yahya Mousavi (2012) The Necessity of Preserving the Islamic System in the Political Thought of Imam Khomeini (RA), Majles and Strategy Magazine, Issue 69, pp. 118-91
Boushasb Goshte, Feiz-Allah (2004) Studying the History of Iran's Foreign Relations with the West in the Early Qajar Period, Mesbah Magazine, Issue 12, pp. 175-165
Bahari Odlu, Behnam and Mehdi Bakhshi Sheikh Ahmadi, (2015) A Study of Imam Khomeini's Political Thought, Islamic Revolution Studies Magazine, Issue, Issue 42, pp. 226-209
Beheshti, Mohammad Hossein, (2019) Theoretical Foundations of the Constitution, Tehran, Foundation for Publishing the Works and Thoughts of Shahid Beheshti, (Electronic Print)
Beigzadeh, Ebrahim, (2012) Law of International Organizations, Tehran, Majd Publications
Javan Arasteh, Hossein, (2007) Foundations of Islamic Government, Qom, Book Garden, Qom
Habibi, Hamid, (2018) Estimating the Costs of Resistance and Submission of Nations to the Dominant System, Specialized Bi-Quarterly Scientific Journal, Andishnameh Velayat, Year 4 (Issue 8), pp. 5-32
Khomeini, Ruhollah, (2010) Imam's Page, Compilation and Publishing Institute Works of Imam Khomeini (AS), Tehran
Darvishi, Farhad and Mohammad Fardi-Tazeh-Kamand, (2008) The concept of national interests in the foreign policy of the Islamic Republic of Iran, a case study of the Khatami government, Geopolitics Magazine, Issue 13, pp. 102-136
De Botton, Alain, (2011) The meaning of life, translated by Homa Qanad, Tehran, Malikan Publishing
Dehghani Firouzabadi, Seyed Jalal, (2012) Foreign policy of the Islamic Republic of Iran, Tehran, Samt, (electronic edition), 2012
Rezaee, Ali-Reza (2009) Analysis of the foreign policy of the Islamic Republic of Iran in the light of the theories of international relations, Strategy and Development Magazine, Issue 17, pp. 288-260
Ramazan, Ruhollah (2001) An analytical framework for examining the foreign policy of the Islamic Republic of Iran, translated by Ali-Reza Tayyeb, Tehran, Ney Publishing
Ranjabr, Maghsoud (2002), National goals and interests in the foreign policy of the Islamic Republic of Iran, Political Science Journal of Baqir-ul-Ulum University Issue 20 66-45
Zamani, Seyed Qasem, (2006) The Performance of the Security Council in the Iranian Nuclear Case from Referral to Sanctions Journal of Legal Research, Issue 10, pp. 54-15
Seihani, Jafar (2006) The Islamic State in Our Perspective, Qom, Imam Sadeq Institute
Sharif, Mohammad (2003) A Study of the Doctrine of the Unlimited Authority of the Security Council, Tehran, Information Publications
Abbasi, Majid, (2018) The System of Dominance and Its Conflicts in International Relations in the Discourse of the Supreme Leader, Strategic Policy Research Quarterly, Year 7 (Issue ), pp. 40-9
Azizi, Sattar (2018) The Position of Article 103 of the United Nations Charter in General International Law Journal of Jurisprudence and Law, Issue 7, pp. 122-97
Amid Zanjani, Abbas Ali (2008) Generalities of Basic Law, Tehran, Majd Publications
Ghamami, Majid and Esmaeil Ajarloo (2018) Requirements for the realization of the Islamic nation and the transition from a modern state, Islamic State Journal, No. 89, pp. 195-167
Fattahi Zafarqandi, Ali (2015) Legal dimensions of the JCPOA in the legal system of the Islamic Republic of Iran, Tehran, Guardian Council Research Institute, (electronic version)
Falsafi, Hedayat-Allah, (2017) Eternal peace and the rule of law, the dialectic of similarity and difference, Tehran, Farhang Nahr-e-Nou
Firhi, Davud, (2013) Jurisprudence and politics in contemporary Iran, the transformation of governance and the jurisprudence of the Islamic state, Tehran, Nay Nahr-e-Ney
Ghorbanzadeh Savar, Rasoul and Ali Shariatmadari, (2016) Theoretical foundations of the connection of ideal and reality in the thought of Imam Khomeini, a case study of the foreign policy of the Islamic Republic of Iran, Contemporary political essays, seventh year, (issue three), pp. 83-103
Mottaghi, Ebrahim, (2018) The effects of globalization on the security and national interests of the Islamic Republic of Iran, Quarterly Journal of National Interest Studies, year Third (No. 11) pp. 1-32
Mohammadi, Abolhasan, (2004) Principles of Jurisprudence, Tehran, Tehran University Press
Mohammadi, Javad (2017) Introduction to the Concepts of Public Law, Examining the Concept of Maintaining the System, Tehran, Guardian Council Research Institute, (Electronic Version)
Mardiha, Morteza, (2019) In Defense of Politics, Liberal Democracy, Moqtadhar Tehran, Ney Publishing House
Misbah Yazdi, Mohammad Taghi (2009) Religious Democracy and the Theory of Velayat-e-Faqih, Qom Imam Khomeini Publishing House
Milani, Mohsen, (2002) The Formation of the Islamic Revolution from the Pahlavi Dynasty to the Islamic Republic, Tehran, Gam-e-No
Nouri, Vahid, (2013) Status Seeking as a Foreign Policy, A Framework for Analyzing the Foreign Policy of the Islamic Republic of Iran, Strategic Studies, No. 60 pp. 32-7
Hashemi, Seyed Mohammad (2009) The Basic Law of the Islamic Republic of Iran, Principles and the general principles of the system, Tehran, Eshar Mizan
Adlen, Chrise and Amnon Ara(2017) "Foreign Policy Analysis New Perspective Approaches". New York
Allott.Philip (1999), "The Concept of International Law", European Journal of international law, vol:10, pp.31-50
Blanca, Antonioni, (2009) "Security Council Resolution Under Chapter VII Designing Implementation and Accountability", Sweden Ministry For Foreign Affairs, 2009,
Community, Boston
Fassbender, Bardo (2009) The United Nations Charter as the Constitution of the International
Gauba, O.P, (2010) Introduction To Political Theory, Macmillan Publishers India,
Hanhimaki, Jussi M, The United Nation, A Very Short Introduction, (2015) Oxford University Press,
Hurd, Iun and Bruce Cronin, (2008) The Security Council And The Politics Of International Authority New York
Lakhtar Brahimi, Report of the Panel on United Nations Peace Operations, 2000 A/55/305–S/2000/809
Nakjavani, Kirsten (2008) "The United Nations" Bookmiller, University Of Mic