خلاصة:
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.
ملخص الجهاز:
This is where the Iranian Constitution, considering the unpleasant precedents of past dependencies and with regard to the potential danger of international contracts” (Hashmi, 1384: 228-227), Article 153 was foreseen with the subject of prohibiting contracts leading to the domination of foreigners over natural resources, economy, culture, army, and so on.
1. Article 6: The governmental body responsible for negotiation and drafting the text must take measures to ensure that agreements, both legal and courteous, do not include the following: A) Violation of the territorial integrity and complete independence of the country; B) Penetration of foreigners and domination of aliens over natural, economic, cultural, military, and other affairs of the country; C) Domination-seeking and susceptibility to domination; D: Commitment to dominant powers; E) Fundamental changes in the country’s borders; F) Granting concessions to foreigners for the establishment of companies and institutions in commercial, industrial, and agricultural affairs; G) Transfer of unique national treasures to foreigners; H) Establishment of a foreign military base in the country; I) Interference in the internal affairs of other countries; J) Membership of foreigners in the armed forces of the Islamic Republic of Iran.
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