عنوان مقاله [English]
نویسندگان [English]چکیده [English]
Protecting the borders and preserving independence and territorial integrity has always been one of the most important tasks of governments. Prior to World War I, the effort of most countries to resort to military force was to address border disputes; after World War II, the number of border disputes led to a war between countries; however, border disputes still remained strong , as before, among nations. The aim of this study was to investigate the effect of armed conflicts on border treaties, and whether the proposed 18-paragraph plan of the International Law Commission, in line with previous treaties, would exclude or contrast contractual agreements from any kind of change? The methodology of the present study is descriptive-analytical and the data gathering tool is library resources. We conclude that given the fact that the border treaties on the issue are subject to general inclusion and are therefore considered as objective treaties and considering that the principle of "preservation of the territorial integrity of the countries" has become a common rule, in the 18-paragraph plan of the International Law Commission on the impact of armed conflicts on treaties, while adopting an Article for the lack of the influence of armed conflicts on the territorial and border treaties, it is necessary to emphasize on the fact that armed conflicts have no effect on objective treaties, including border treaties. Regarding the abovementioned plan, it is necessary to consider two primary and secondary objectives. The primary objective is to prevent the adoption of a proposed plan in the form of a treaty and a secondary objective, to make fundamental changes to its provisions in order to prevent the impact on border treaties; otherwise, its provisions will be converted into customary rights and its negative effects would encompass countries such as the Islamic Republic of Iran.