zahra akbari; Mohsen khalili; seid ahmad fateminejad
Abstract
The issue of Iran's nuclear program from 2002 to 2015, due to its political and economic consequences, has been one of the most important issues in Iranian foreign policy after the Islamic Revolution. The program involved three presidential Periods, Khatami, Ahmadinejad and Rouhani after the revolution. ...
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The issue of Iran's nuclear program from 2002 to 2015, due to its political and economic consequences, has been one of the most important issues in Iranian foreign policy after the Islamic Revolution. The program involved three presidential Periods, Khatami, Ahmadinejad and Rouhani after the revolution. The present Thesis draws on the theory of a possible agreement area, as well as using the comparative historical method to examine the nuclear program in these three presidential periods (Khatami, Ahmadinejad and Rouhani). Accordingly, the main question of this Research is why, during the two presidential and presidential events of Khatami and Ahmadinejad, the negotiations between Iran and the Western powers did not end to the comprehensive nuclear deal, but during the presidential term, Rouhani led the negotiations to a comprehensive nuclear agreement. In response to this main question, the hypothesis of this Research is that unclear strategies and tactics in two internal and external environments (Iran and the 5 + 1 group) in the three presidential years (Khatami and Ahmadinejad and Rouhani) led to two different achievements (disagreement and agreement) in Iran's nuclear program. The results of the research shows that in the era of Mohammad Khatami, the excessive flexibility of Iran believed that Western countries had little need to cope with Iran. During the Ahmadinejad era, due to his aggressive foreign policy, the opportunity was given to the United States to accompany the European Union, and even China and Russia, and pass unprecedented sanctions resolutions against Iran in the UN Security Council. But during his Hassan Rouhani period, he used the experiences of previous governments to try to moderate the path. This policy led the Iranian side to rethink its policies, which made it possible to reach a comprehensive nuclear deal.
Mohsen Khalili
Mohsen Khalili
Abstract
Extended Abstract
1. INTRODUCTION
After 11thSeptemberand providing background for thoughts of new conservative strategists, doctrine of changing regimes for omitting governments which were against hegemony of the USA, was focused by national security of America. New conservative decision makers with ...
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Extended Abstract
1. INTRODUCTION
After 11thSeptemberand providing background for thoughts of new conservative strategists, doctrine of changing regimes for omitting governments which were against hegemony of the USA, was focused by national security of America. New conservative decision makers with focusing on strategy of changing regime omitting contestant and bankrupt governments and creating substitute states were entered to operational field of foreign policy. They did the first step by broad military invasion to Iraq and Afghanistan. The process of codifying new Constitution in Afghanistan was begun in 2004 and in Iraq in 2005. Codifying and writing new Constitution was a content matter, in addition to a formal and figural affair, and it was the most important issue. It showed that chains of occurrences were impressive and they created the new condition which needs to both establishment of a new society on ruins of pervious situation, and a new constitution. The reason was that basically context of Constitution contains bases which formed skeleton of a new structure. In this structure regulations are defined, founded, and codified which help to systematize obedient and ruler union in one hand, and help to transition and administration of regular power in different levels, on the other hand.
2. THEORETICAL FRAMEWORK
Regulating Constitution is defined as founding after rejecting past and pervious political system. This foundation is an intellectual action because wisdom is stipulated as criterion of determining characteristics of new political system. On the other hand, regulating Constitution is a phenomenon towards evolving political and legal process and towards international process of a political tradition or phenomenon which belongs to evolving or propagation of an international political culture. In this process values and bases which originated from historical experiences of a social country (countries) and were formed in the same historical framework, Goe from one country to another and are generalized through this transition. It means a legal system is emerged which other countries then enter the same system in their political culture and they try to organize a new political system based on it. There fore, Constitutions are collection of governing techniques which stabilize governing in relation to each other. Origins of Constitutions are like some interdependent collections of thoughts and devices for handling a modern society. As a result, Constitutions are basically modern phenomena which are rooted in a special political thought.
3. METHODOLOGY
The present study was written with using the ides which was discussed in “space and policy”. In this study, it is talked about geographical indices of Constitutions and impressibility of national institutions from geographical background. The main question is that how the geographical elements and context have been reflected in the text of new Constitutions of Iraq and Afghanistan. In a descriptive research (based on comparative method) the author has tried to answer this question based on the first type of research.
4. DISCUSSION
Geographical bases in Constitution of Iraq
In the introduction of Constitution of Iraq there is a special view about category of land as a geographical integrity. In article one; republic of Iraq is an independent and autonomous country which its governmental system is democratic, federal parliamentre public. In article 2 Islam is formal religion and the main sources of lawgiving. In institute 3, Iraq is seen as a country which has different races and religions. Geographical signs and symbols have been represented in new text of Iraqi Constitution in a natural manner. For example in article 4 Arabic and Kurdish are formal languages of Iraq. In article 65, the president is head of the country and symbol of national unity. In article 107 of new Constitution of Iraq, federal officials are keeper of unity, integration, independence, autonomy, and federal democratic system of Iraq. In article 113, the federal system of Iraq republic consists of a capital, several area and non-centered province, and local offices.
Geographical bases in Afghanistan Constitution
In the first article, geography has presented itself with the statement that Afghanistan is Islamic republic, independent, unite, and inseparable. In the fourth article of Constitution the national autonomy belongs to Afghan nation. In the fifth article defending independence, nationalautono my, integrity and providing security and defense ability are among main duties of the state. In the 8th article, the state must regulate foreign policy of the country based on preserving independence, national profits, integrity, laisser fair, well –neighboring , mutual respect, and equity. In 63th article of Constitution the president before undertaking his position according to special way which is regulated by law......and the capital of Afghanistan is Kabul. In 16th article among languages such as Pashto, Dari, Uzbek, Turkmen, Baluch, Pashe, Noorestani, pamiri, and other languages Pashto and Dari are formal languages.
5. CONCLUSION
Sadam's military and strongly magisterial state was rebellious state which impeded any types of reformation in Iraq. Taliban' unsuccessful state caused war and unrest. It has lost its power of governing the country. Tribal and religious geography in Iraq has conquered federalism on context of Constitution of Iraq which is a geographical field itself. Other geographical backgrounds were borrowed from the same old traditional of writing Constitution. In Afghanistan integrity of geographical diversity has been determined but the state is also integrate and abroad. In Constitution of Iraq the component of land with all his antiquity which returns to Mesopotamia in civilization became the main matter, because in Iraq history and land have proceeded together. In Constitution of Afghanistan, however, the element of geography is not mentioned and what there is about geography in context of constitution is reference to tradition of writing Constitution in which appropriateness of new era has been noticed.
Mohsen Khalili; Sedigheh Hashemi
Abstract
Extended abstract
1. Introduction
The international coalition’s strike on Afghanistan in 2001 led to the fall of Taliban. In the Bonn conference (December 2001), it was approved to provide the background for ratifying Afghanistan’s new constitution, after organizing an urgent Loya Jirga (grand ...
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Extended abstract
1. Introduction
The international coalition’s strike on Afghanistan in 2001 led to the fall of Taliban. In the Bonn conference (December 2001), it was approved to provide the background for ratifying Afghanistan’s new constitution, after organizing an urgent Loya Jirga (grand assembly) and determining the transitional government. One of the most important actions taken following the urgent Loya Jirga in 2002 was forming a commission to draft the constitution. In general, the basic laws in constitution are formed through the consequences of a set of events: a) the gradual development of societies and the governors and civilian’s mental preparations; b) the formation of new countries; c) transformative events such as revolutions, coups and civil wars. In the latter, such countries lay out a new constitution to reorganize the nation, after the conclusion of a crisis. The formation of the new constitution in Afghanistan occurred in the same manner.
One of the components of constitutional laws is the legal form of the government in terms of internal and territorial structure, i.e. whether the physical structure of the country is simple or complex. Federal systems are a form of complex states. During the codification of the new constitution in Afghanistan, the subject of federalization of the country became the source of several reactions, for or against the decision. It seemed as if Afghanistan had a number of the necessary backgrounds for selecting the federalist method of governing; a disparate country in terms of ethnicity, race, language and religion which has been under threat. Such an approach have brought about ethnic abuses from the past to present. Perhaps federalism could have been a proper solution for resolving issues. As a result of the presence of such backgrounds, some of the elites suggested the implementation of a federal system as the commission started drafting the constitution in 2003, which led to several stances, in favor of the suggestion or rejecting it. Despite the presence of proper substrates for federalism in Afghanistan, it was not accepted in the negotiations and meetings of the experts concerning the multiple stages of codifying the constitution; consequently, the political system of Afghanistan in the new constitution remained as a unitary and simple state. The present study is aimed at obtaining the reasons behind the rejection of federalism in the codification process of Afghanistan’s constitution in 2003.
2. Theoretical Framework
Constitution is a legal document representing the public will, which states certain rules concerning the form of the government, structure of the state, authorities of governing institutions, public rights and the nation’s freedom. The government of a federal country, consists of numerous units with certain social, political, administrative and geographical identities which becomes a complex state through unity among such components. In federalism, the constitution places international functions under the exclusive authority of the central government and considers the member states subject to domestic and inevitable rights in the whole federal society. Federalism is a way of government granting partial independence to geographical divisions. Federalism can be considered as a set of ideologies, values and insights which represent a philosophy based on preserving unity in diversity. The existence of inhabitants with a variety of races, religions and languages, each bearing a history of its own, cause federalism to allow minorities govern themselves in compliance with their habits and customs extensively. Considering the fact that the policies set by the government in a multiethnic community can bring about ethnic violence in the society, some suggest a federal system as a solution for problems of this nature; they believe that through the division of power and governance, the ethnic leaders and elites’ desire for power is satisfied while the central power is no longer the only unit of governance. One of the shortcomings of federalism is the risk concerning territorial division; when loyalty to the state government reaches a point where it leads to independence from the federal state, disinterest toward such entity and the emergence of sustainable boundaries among states through racial, national, and lingual interests. In this case, due to disagreements between the state and the federal government, people would assemble under the state’s banner, putting the federal government at risk as a result. A number of reasons expressed by anti-federalists include: inefficiency (federalism cause confusion and errors in carrying out the common affairs among states), tyranny (there is a tendency to pressure minorities in local governments), higher financial costs (the financial costs of a federal government may be more than savings), reduction of the central government’s power in pursuing national purposes, decline in the possibility of distributing wealth among regions.
3. Method
Data collection was carried out according to library studies and analyzed via attributive explanation based on surveys. The hypotheses were obtained following the initial and basic studies of texts and primary accessible resources on the negotiations during the codification of the eighth constitution by the representatives along with the opinions of experts in the areas of community and policies at the same period. Then, it was attempted to analyze the major reasons for the rejection of federalism in Afghanistan’s new constitution (in the form of a compound device containing four hypotheses pursuing a single purpose). In the beginning, the research pathway was passed from texts to hypotheses and vice versa. After attaining the whole existing comments during the codification period of the constitution in disagreement with organizing a federal system in the country, it was attempted to enumerate and weigh each hypothesis. The number of the obtained comments related to each hypothesis, enumeration and the reasons for the non-acceptability of federalism were rated.
4. Findings
Employing a document analysis approach according to surveys, the authors concluded that the most important reasons for rejecting federalism during the codification of the new constitution include the possibility of division in the country, the present economic gap among states, the possibility of increasing interference by the neighbors, and the low literacy and political insecurity of the people, respectively.
