Iranian Constitution and International Agreements

I was looking for something else and ran across “this document”:http://www.iranwatch.org/international/OPCW/opcw-iran-compliancearticle7-070199.htm from Iran Watch. It’s a 1999 paper about the CWC presented by Iran’s current ambassador to the IAEA, Ali Akbar Soltanieh. At the time, he was the country’s Secretary of the National Authority for the Chemical Weapons Convention.

One of the paper’s most interesting parts is an attachment describing the role of Iran’s constitution regarding “the ratification and implementation of international treaties.” I don’t know whether and to what extent these provisions are still valid, though I’d be interested to hear from anyone who does.

Anyway, the first part of the attachment spells out some articles of the constitution relevant to the Majlis, the main one being Article 77, which states that “All international conventions, protocols, treaties and pacts shall receive approval by Majlis.”

The document also explains that

bq. The ministry which has the most concern as regards to adherence to the convention in question, has to take the issue to the cabinet. The Commission in charge of the bills will consider the text (identical text in both English and Farsi). The Commission makes an inquiry from the Legal Department of the Ministry of Foreign Affairs for its views and preferably its approval (if the MFA is not the proponent of the approval of the text ).

Of course, the Guardian Council is required to review any legislation “to ensure that it conforms to the principles of Islam and the Constitution.” The attachment also describes the Judiciary’s role. The most germane constitutional article appears to be 160, which states that “the Minister of Justice shall be responsible for all matters concerning the relations of the judiciary with the Executive and the Legislative Branches.”

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