The challenge of political parties and international law

The challenge of political parties and international law

Hodjat Khosrowshahi

Abstract

Over the years, the law of international law has undergone major changes that have helped this discipline adapt itself to the requirements of the international day and the human and organizational needs, one of which is the shift in the concept of change International actors. Political parties are the result of a group of people who are composed of different perspectives and worldviews.

Keywords

International Law, Political Parties, International Community, Right to Democracy.

Introduction

One of the most challenging events of contemporary international law is the role of NGOs, often through international organizations, in the process of developing and drafting international law. However, some of these institutions take advantage of the state's ability to act as one of the main players in international law. Although in the past, only charitable and philanthropic institutions such as the Red Cross had such an opportunity, but today, the new political parties leading such structures have an ever-increasing influence on the development of international law. This event also benefits the dynamics of this discipline. Because, given the dynamics of international law, it can be said that due to the lack of a coherent and powerful legislative body in the international community, the practice of governments as the main subjects of international law can play an important role in the formation of international rules. And since political parties also seek to obtain domestic political and legal authority in accordance with domestic law and even if they fail to act as opposition to the legislature or outside it and act in the form of government activities Have a significant impact on foreign policy of the government and, consequently, on the role of government in development And the development of international law.

In fact, the roots of any kind of acting on the national or international level return to the ruling governments, which is the most important law of international law, especially the active and influential governments in the Western countries. The parties and their system of work have been institutionalized and have gone through a crude phase or trial and error, which at that time have come to a close, and it can be said that it reflects the views and views of its voters. The globalization of democracy requires the institutionalization of the main actors that parties are among these actors, because globalization of democracy requires the transformation of some international legal principles. The government is the people's right and, based on their votes, the government has the necessary legitimacy. The party can play its role only in a free and competitive atmosphere. Dispersed thoughts and votes, if they become a cohesive and tangible process, will be able to exercise sovereignty in the national arena and ultimately to rule their country as a state Leading to an impact and role in the international arena.

Section 1

A. Parties and the international community

The right to Ensign and mobilize citizens widely is recognized internationally, regionally and nationally in various human rights instruments of civil and political rights. If Articles 20 and 21 of the Universal Declaration of Human Rights emphasize freedom of assembly and assembly, along with the freedom of groups, Article 20 of the International Covenant on Civil and Political Rights has recognized the right to form assemblies(Ergün,2014: p34).

Political parties do not go beyond their intrinsic nature during or after the state, because each party is a classy assembly of society. The paradigmatic worldview is influenced by international philosophy both in the context of international relations and in the form of international law influenced by their philosophical views. When a party holds the government, it actually has one of the most important actors in international law on behalf of its country. However, can not be said that international law is not entirely influenced by the political-diplomatic principles, but it can not be fully argued that this discipline is inseparable from the political rules of the international community(Joyner,2016: p64). Political parties, given their attitude to the global framework, are confronted with other members and actors of diplomacy and their views. Even with the boldness of the political parties, with their clear worldview, they have their own views on international organizations.

B.Contributing to the creation of international procedures

Political parties in developed countries are in fact one of the pillars of democracy, because these countries need them to develop democracy. The parties are the interface between civil society and governments, and democracy can be advanced with them, in the fight against corruption, is the main goal. The corruption that most countries now face can be expressed in a way that the United Nations and other international institutions are expressing concern about its manifestation and influence, and emphasize the intensity of the struggle. Participation of parties can be a procedure for international organizations, because these groups are likely to be infected due to issues such as electoral competitions or the lobbying of power institutions for benefits. Meanwhile, the role of political parties in the development of democracy and, accordingly, the fight against corruption can not be overlooked. At the present time, this role of political parties in the development of the right to democracy for all countries and the serious struggle against corruption becomes internationalized, because international law returns to its own philosophy, which is the school of natural law, in the meantime The role of NGOs can not be ignored and parties are ignored(Ayyoubi,2003: p123).

Obviously, customary rules have been preceded by contractual rules due to the fact that they are not graduated from the templates made through the legal system of the treaty. The past passage shows that in the formulation of international law, customary law played a central role and, for a long time, international law has essentially a customary nature. In some cases, however, the special treaty law was superior to customary law, but such treaties became more prevalent in the formulation of customary rules, and in the absence of a treaty, these were the customary rules that governed relations between countries. This primacy of the law of customary law must be borne by the car of these rules and the need for them to be placed in the form of special formalities.

C. The role of political parties in the new system of international law

International scientific law is a dynamic and flexible science that allows this discipline to complete itself, as we know that governments are the most important and the greatest actors in this field, but along with governments, there are other members in this field too. Including international organizations or international institutions and others. Today, the basic needs of international law are the focus of attention on the human community, where it directly involves individuals from states (Farrall,2009: p66). In the meantime, political parties within the country-governments have an institutionalized position that they are consistent with democracy and are part of human rights because they represent the right to choose. The right that any society must achieve in order to determine its own destiny and to answer the rulers. Political parties can play the role of one of the influencers of international law in the global arena because they are elected by the people and the community. With their choices from the community, they get the government and the power and must be accountable for their actions and policies during their tenure. International law can take an effective step in promoting these principles by exploiting the capacities of these NGOs, in the development of democracy and international human rights.

Democracy is more in line with the concept of human rights than it conforms to nationalism. The universality of human rights, along with the universal acceptance of democracy, provides a legal and political context for the establishment and maintenance of world peace. In the framework of cosmopolitanism, human rights, especially its third generation, link democracy to global peace. The expansion of the concept of human rights at the global level will contribute to the promotion of global democracy and to global peace. The third generation of human rights, such as the concept of the right to peace, the right to development and the right to the environment, are closely intertwined with each other, and they are aimed at solving the most important new security threats. Therefore, the idea of a global citizen, the central concept of cosmopolitanism, promotes global responsibility for tackling environmental problems and eradicating global poverty, and, with the weakening of ethnic, religious and national identities, existential philosophy has led many international encounters to Interrupts (Ayyoubi, 2010:p32).

D.Cooperation with international organizations

Political parties can partner with international organizations, representing the masses of people alongside governments, because international law is the field of global cooperation. International organizations, regardless of the role of the law, are of a humanitarian nature, which can be acknowledged, almost all of these organizations are somehow built up for the perfection of humanity. Political parties can work towards promoting healthy democracy in the context of the right to democracy and to work for communities to develop the right to democracy. All nations have the right to political participation in the human rights declarations, one of the successful ways of political participation is the formation of parties to participate in government competitions and administrations. This right as the core of the fundamental principle of democracy in Article 21 The Universal Declaration of Human Rights and other provisions of the Treaties and Conventions are outlined. Partnership requires fair communication. Public space is created through political freedoms that provides a platform for the fulfillment of public demand. International organizations can, with these principles, cooperate with political parties in the establishment of the rule of law and accept the structural management of states by elected parties to the rights of communities, to promote human rights from the perspective of the right to political participation and the right to democracy in societies. On the other hand, political parties can cooperate with international organizations in order to bring public awareness, both internally and internationally, to the right to choose communities. Elections are an essential element of representative government and a necessary condition for the realization of democracy, political parties in Western societies can be an active element in working with international organizations to promote their goals.

The essence of international law has undergone many changes since its inception. This science has required the development of its concepts and principles in order to be responsive to the up-to-date human and international needs. In the present world, given the emergence of actors and complex human and international issues, this need is felt more than ever before in this science. International law In order to respond to recent legal problems and problems, it must be able to maximize its full potential and make the most of its international and universal capacities, such as the International Court of Justice, as the mastermind of international law. Also, in the age of globalization, it tries to engage with emerging actors in this field to open up as much as possible the complex issues of the current world.

E. The role of political parties in entering international law by governments

Governments can facilitate this entry because the thinking brain and intellectual-management structure of elected governments are from their own party, and political parties are a cohort of people who, in the event of a majority, would take responsibility for governance in the public domain and Have a parliament. By providing programs, these organizations have attracted some voters and voters who can represent their power structure. The administration of the government in the West by the ruling parties can advance these international elements to achieve the international goals of the party. In democratic developed countries, however, defeated parties do not completely disappear from the political-social scene and play a critical role; in the event of a mistake in government or sovereignty, they can mobilize public opinion in order to hold the government accountable. With the victory of political parties in electoral campaigns, which is a manifestation of democracy and the right to choose people, they can enter the form of governments in the global arena and acquire a management of one of the members of international law(Scott, 1994: 95).

In such a case, parties at the times when international law requires the adoption, amendment, or settlement of rights and treaties can, according to their global attitude, affect the international environment under the influence of their thoughts.

Section 2

A. Political parties and the development of international law

Globalization not only eroded the distinction between the inside and the outsourcing, but also led to the creation of new patterns of power, which involves profound changes in the behavior of actors and in the developmental structures of the present complex world. Transboundary links and multi-layered, multilevel, and multi-central structures of the state in the area of ​​interdependence have led to increasingly powerful power in the interstate and transnational arenas. The promotion of the role and scope of the activities of international intergovernmental organizations, private sector institutions, global financial institutions and international civil institutions has led to the interconnection of governments in the international system and the dependence and convergence of the state-nations towards each other. The interconnection of governments to each other and the shift in their work from ownership to the regulator of the relationships between domestic, regional and global institutions has led to the emergence of a post-World War II order from the MacGraw perspective(محبی1396: 146).

That is, governments are re-emerging from complex, transnational, and global-local ties that have even changed the behavior of governments. Globalization has led to the emergence of multi-center and multi-core policies in which governments no longer act as single actors in the international system, but also to non-state actors who are in a position to engage in transnational, transnational, and global-local political processes.

With regard to the major shift in power in the age of globalization, actors such as NGOs, international civil society organizations, multinational corporations or transnational corporations, international intergovernmental organizations (IGOs), and international media and trade unions have been equally well-matched by governments. One can speak of horizontal power instead of vertical power. The twenty-first century can be considered a century of "institutionalization."

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