Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

Analysis of diplomatic situations an practical reactions of Iran regarding the Islamic Emirate of Afghanistan, based on national and international law

Document Type : scientific research paper

Authors
1 A.M, International Law, Payam Noor University-Tehran, Iran
2 Associate Professor of Department of Law, Payam Noor University, Tehran, Iran
3 PhD student, Faculty of Law and Political Sciences, Islamic Azad University, Tehran - Iran
Abstract
The aim of this paper was to investigate the recent military conflicts between Iran and the group known as the Taliban, who after gaining power in Afghanistan with the defeat of Ashraf Ghani's government (As the official and legal government of Afghanistan), formed a government against them and introduced themselves under the title of the Islamic Emirate of Afghanistan. In addition a brief review of the records of political relations between these two countries before and after the formation of the new political-military power there, especially in the security, social, cultural and economic fields, as well as analyzing the existing political and military conditions and the experience of ideological, political and the military of this group, assuming two cases of adopting hard military measures against their border aggression by the Islamic Republic of Iran or using some soft diplomacy methods including adopting some economic policies against that group which includes rigid economic sanctions, it will have positive and negative effects.
Let's discuss each of the two issues and determine the most desirable option among them. If, during the existence of the legal government in that country and considering the relations they had with the western countries, especially the United States, access to the foreign exchange market of Herat, Kabul, etc., to provide the currency needed by Iran, opening the borders and establishing commercial relations with Afghans could have been to some extent to untie the knot and provide a part of the country's needed foreign currency, but today, such a benefit is no longer conceivable for Iran, and perhaps the only damage of this action is the consequence of the stagnation of the local economy in the border points and crossings in the east of the country, which due to the existence of alternative jobs in the country And the fact that the economic sanctions of countries against each other are never permanent, it can be compensated for the Islamic Republic even in these sanctions conditions, considering that they are not large in size and extent. Since the Islamic Emirate currently does not have the conditions of an official government from the international point of view, with which other governments and large transnational and multinational companies can have useful economic cooperation, for the Taliban leaders, the loss of financial-commercial relations with Iran and the closing of Iran's borders It will be very expensive for the needs of that country, as they are willing, in order to establish trade relations and meet the needs of the Afghan people, they will engage in useful and constructive political-economic cooperation with Iran.
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