چکیده:
Despite the importance of the impact of international treaties on the systematization of the international community, a complete understanding of them has not been provided in authoritative international documents, and it has merely been limited to a simple definition. It is believed that necessary transparency has not been provided on this subject in domestic law either, which has led to serious legal challenges in distinguishing treaties from non-treaties. In this article, an attempt has been made to facilitate its recognition in theory and practice by describing the characteristics of an international treaty, taking into account international documents and domestic legal regulations.
خلاصه ماشینی:
International Treaties in Theory and Practice Dr. Mohammad Reza Mojtahedi 1 Abstract: Keywords: Attorney at Law and Associate Professor of the Law Department at University of Tabriz Introduction In scientific teachings, a written agreement between persons with capacity under international law for the purpose of producing legal effects in the fields of creating, changing, or terminating a right or obligation is called a treaty.
Statement of the Subject In doctrine and scientific teachings, every written agreement between persons with capacity under international law for the purpose of establishing legal effects in the realm of international law in the fields of creating, changing, or terminating a right or obligation is known as a treaty 1 .
In many cases, if one party is a state organ or a state institution that represents the state at the international level and possesses the capacity and legal authority to conclude a treaty, the action performed will result in it being regarded as a treaty; however, if the said party lacks representation of the state or possesses a natural or legal personality subject to private law, it will be evaluated not as an international treaty but as a private law contract.
Apart from the aforementioned cases, considering that the existing ministries in the country or other state institutions fundamentally do not have the independent competence to conclude international treaties, therefore, the performance of any international agreement outside the aforementioned legal framework or an unauthorized act by a - For details, see: Bushehri, Jafar, Constitutional Law, 4th edition, University of Tehran Press, 1971, pp.
(
, 
, 
)
