International Law
Alireza deyhim; Sadegh Bashire; Savalan Mohamadzadeh
Abstract
the concerns and challenges for Iran to accede to the Convention for the Suppression of the Financing of Terrorism (CFT),eventually led to accession using the reservation. But among the reservations of Iran, there is a very general reservation that its legal status needs to be discussed. Therefore, the ...
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the concerns and challenges for Iran to accede to the Convention for the Suppression of the Financing of Terrorism (CFT),eventually led to accession using the reservation. But among the reservations of Iran, there is a very general reservation that its legal status needs to be discussed. Therefore, the main question of the present article is whether the general reservation entered into the CFT by Iran is invalid according to international law or not, and if the answer is positive, what effect will this invalidity have on the situation of Iran's accession? This article with the descriptive-analytical method and library tools, especially by examining the available documents, concludes that the general reservation of Iran as one of the examples of reservations contrary to the purpose and subject of the treaty is invalid. On the other hand, In general and given the CFT's silence on this issue, the invalidity of the reservations does not invalidate the accession. In other words, based on the current provisions of international law and the existing practice, invalid reservations, including the general reservation , do not invalidate the accession and on the other hand, against the will and consent of Iran and without considering its reservations which are considered invalid for any reason, It is not possible to consider this country committed to the entire convention. Especially, since the authority and mechanism for achieving certain invalid reservations have not been set, and the issue is reduced to the agreement or opposition of other parties in establishing a treaty between them and Iran. Despite this gap in the provisions of international law and the discussed convention, although Iran can join the CFT by maintaining its invalid general reservation, such a reservation will face the implementation of the convention with challenge, which necessitates the revision of the said reservation.
