چکیده:
The use of legal tools in international treaties to avoid the negative effects of these treaties and relations is a necessity. Islamic countries, including the Islamic Republic of Iran, by relying on the foundations of the holy Sharia of Islam and aligning international law regulations with it, can use these tools more correctly and effectively. Exercising the right of reservation helps a contracting state preserve its national resources and interests when bound by international treaties. In this regard, although the totality of a treaty may be affected by exercising a reservation, a larger number of countries can join it and commit to it in a limited manner. Iran has also used this legal method in some international treaties. Iran's reservations, especially after the revolution, have been examined in this article.
خلاصه ماشینی:
Definition of Reservation According to paragraph (d) of Article 2 of the 1969 Law of Treaties convention, the term reservation means: "a unilateral statement, however formulated or by whatever nomenclature, made by a State when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State".
' According to Article 2 of this Convention, in addition to the condition of non-incompatibility of the reservation with the subject and object of the treaty (Article 19), the legal validity of such an act is contingent upon the acceptance by the other parties to the treaty or at least one contracting State.
Guatemala also, by implicit reference to Article 6 (paragraph 3) of the Havana Pact 1982, declared: "The conditions introduced to an international treaty at the time of signature and ratification are legal acts performed by States in accordance with their sovereignty, and therefore other States have no right to express an opinion on whether they are acceptable or not.
However, it seems that the reservations of the Islamic Republic of Iran regarding some international treaties, as examples of which were previously stated, are general and imprecise conditions such that it is not actually clear which of the articles of the aforementioned conventions Iran is committed to and which ones it considers contrary to Sharia and its domestic laws.
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