Farshad Ghodoosi

Farshad is an Assistant Professor of Law and Management Law at Morgan State University. in Baltimore, Maryland (U.S.A.). His research focuses on corporate dispute resolution, arbitration, and international law. He is a graduate of Yale Law School (JSD, LLM), U.C. Berkeley (LLM), Florida International University (PhD), and University of Tehran (LLB, LLM). He has placed several articles at leading outlets including Yale Journal of Int’l Law, Harvard Journal of Int’l Law Online, Lewis & Clark Law Review, Nebraska Law Review, and Foreign Affairs. He also authored a book, “International Dispute Resolution and the Public Policy Exception,” with Routledge (2016, reprinted in 2018).

Designation: Morgan State University, Earl G. Graves School of Business & Management
Institution: Morgan State University, Earl G. Graves School of Business & Management
Paper: Iran and Constitutionalism: History and Evolution and the Impact on International Relations
Abstract: "Constitutions are the most important legal as well as political documents in the majority of states. Following mass atrocities of the 20th century, constitutions have been viewed as documents that can protect certain minimal civil and political rights and regulate the power dynamics within a polity. In the inter-state relationship, constitutions have served as a signal to demonstrate ‘statehood’ and to establish autonomy. Despite its importance, constitutions and in particular constitutionalism, have not been analyzed in international relations and international law. In other words, there is little discussion on the inter-play between constitutionalism on the one hand and international relations. It is important to fill the gap by focusing on the role of constitutions, despite its shortcomings, and international commitments of states using Iran as an example. This article aims to fulfill the following: First, it is critical to understand whether a state is a constitutional state and whether its domestic power relations are subject to any checks and balances (broadly speaking). By reviewing Iran’s recent history through this lens, the article shows that Iranian’s legal culture presents a version of constitutionalism. Second, it is critical to understand whether constitutionalism leads to any differences in the international behavior of such a state. Based on its constitutionalism, Iran’s international behavior has been premised on legalistic and juridical grounds."