The position of international documents in the Afghan legal system

Document Type : Specialized scientific

Author

Doctor of International Law, Researcher at Imam Reza (AS) International Research Institute, Professor at Al-Mustafa Al-Alamiyah University, Mashhad, Iran

10.22034/ls.2025.100597

Abstract

Relations between states in today's world have become an inevitable matter, without which life in the great global community would be difficult, if not impossible. Today, the interests of countries can be secured in the breadth of their relations with other countries. That is why countries try to legitimize their relations with other countries by concluding bilateral and multilateral international treaties. International law has basically left the determination of the competent authority for ratifying treaties to the constitutional rights of countries and has refused to propose a uniform procedure in this matter. The present research, which was conducted using a descriptive-analytical library method, answers this main question: What is the position of international documents in the legal system of Afghanistan? According to the constitution of this country, the authority to ratify treaties is exclusively in the hands of the legislative branch; but other branches also have specific powers in this matter. Since international treaties are ratified in Afghanistan like ordinary laws, other powers are inevitably indirectly involved in the ratification.

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