Barriers and Enforcement Guarantees of the Principles of Civil Litigation in Iran and the Judgments of the International Court of Justice

Abstract

If a trial is fair, the rights of the parties will not be violated, since justice itself is a right, and no judicial process should be conducted in a way that undermines fairness. One of the main objectives of the judiciary is to ensure justice and to resolve disputes; therefore, judges must act in a manner that guarantees a fair trial. The realization of a fair trial requires adherence to a set of procedural and substantive principles throughout the judicial process. The barriers to implementing the general principles of law include legal, substantive, procedural, cultural, and economic obstacles. If these barriers are not removed, they will distort the path of justice, erode public trust in the judiciary, and produce negative social consequences. The International Court of Justice (ICJ), in accordance with the general principle of pacta sunt servanda (good faith in treaty performance) and based on its contentious and advisory jurisdiction, issues two types of decisions: judgments (contentious rulings) and advisory opinions. Moreover, before issuing a final judgment, the Court may, under Article 41 of its Statute, order provisional measures. The present paper examines the barriers to implementing the general principles of civil litigation in Iran, particularly in relation to the execution of the ICJ’s decisions—especially provisional measures and advisory opinions—despite their non-binding nature, as well as the mechanisms for rendering such decisions binding and the challenges associated with their enforcement.