نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه حقوق بین الملل، دانشکده حقوق، دانشگاه شهید بهشتی
2 دانشیار دانشکده حقوق دانشگاه شهید بهشتی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The existence of treaty relations between states is one of the requirements of the international community. As a result, governments willingly or unwillingly accede to a large number of international treaties, which bring with them challenges and benefits. Accession to treaties is easy, but the implementation of treaties in accordance with international environmental requirements and without conflict with domestic law is problematic. Governments are required to consider mechanisms in their legal system to ensure that treaties, like domestic law of each state, are implemented in all governmental and non-governmental institutions. Afghanistan has acceded to many international treaties and has enshrined mechanisms for the implementation of treaties in the constitution and common law. despite the envisaged mechanisms, it shows that Afghanistan is moving in the direction of international life and has formulated all the executive solutions of international treaties in its legal system; In practice, the provisions of these treaties are not properly implemented and the domestic courts do not invoke the provisions of the treaties, violating the provisions of the treaties. The present study, using analytical-descriptive method, seeks to solve the problem of violating treaties and their non-implementation and to explain the reasonable ways of implementing the treaties in the Afghan legal system. The findings indicate that the Afghan legal system has a normative problem because the place of treaties in this legal system is not specified, also the problem lies in how to accept and implement the rules and conflict of contractual obligations with the principles of domestic law.
کلیدواژهها [English]
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