Comparative Aspects of the Rule of Law in Iran and International Law
Keywords:
Rule of Law, International Law, Domestic Law, DifferencesAbstract
This article examines the comparative aspects of the rule of law in Iran and International Law. The rule of law is a concept that first developed within domestic legal systems and subsequently entered the international sphere. The richness and prestige of the rule of law in domestic law—as one of the foundations of democracy—embody the notion of restricting and restraining the arbitrary power of the state while safeguarding citizens’ fundamental rights and freedoms. In the international sphere, however, the rule of law has emerged as a concept distinct from its domestic counterpart, serving as an instrument to preserve international peace and security, promote and elevate human rights, and ensure that decision-making bodies comply with accepted norms. Accordingly, this study employs a library-based method and a descriptive-analytical approach to investigate the "aspects and consequences of the rule of law in Iran compared to International Law." Within this framework, it was found that, given the structure and realities governing the international community, the concept of the rule of law is applied differently in the international arena than in domestic law. One of the most significant findings is that the rule of law in international law is inseparably linked to human rights and international peace and security. International support for human rights, the establishment of institutions such as the United Nations Security Council to monitor international peace and security, the creation of international trade institutions, and efforts to combat impunity through the establishment of international criminal tribunals all reflect the implementation of the principle of the rule of law in international law. Nevertheless, fundamental differences exist between the principle of the rule of law in international law and in domestic law, including differences in structure, enforcement mechanisms, legal subjects, and the implementation of laws.
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Copyright (c) 2025 Ali Mortazavi (Author); Zahra Shakibi; Ghasem Zamani (Author)
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