The principle of stability and continuity of international treaties and the need for change according to the requirements of time and place with emphasis on the view of Imam Khomeini

Document Type : Original Article

Authors

1 Islamic Azad University, Damghan branch

2 Mohammad Adibi Mehr, Associate Professor, Faculty of Theology, University of Tehran, Farabi Campus, Tehran, Iran

3 Director, Department of International Law, Faculty of Law, Islamic Azad University, Damghan Branch, I.R. Iran

10.30510/psi.2022.354036.3793

Abstract

The principles of international treaties have two principles of stability and change, because on the one hand, international developments and the need to pay attention to the requirements of time and place, have led to new treaties, and on the other hand, this should not threaten the stability, security and continuity of treaties. , Because in most legal systems, the principle of stability and security is accepted and the rule of the need to comply with treaties is the crystallization of the element of stability and its continuity.However, non-compliance with the principle of stability is permissible in certain circumstances.This principle is the best way to combine the two elements of stability and change. In fact, it is an exception to the principle of binding treaties.In case of unexpected events and fundamental change, with three bases of the theory of fraud, the rule of hardship and the theory of interpretation of the will of the interlocutors, by examining the view of Imam Khomeini, this rule can be accepted in exceptional cases in Iranian law.This article has been done in a descriptive-analytical method with the help of library tools and the analysis of thematic points and the inference of legal jurisprudential propositions

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