The role of treaties in the development of customary law

Document Type : Original Article

Authors

1 Department of Law , Gheshm , International Branch , Islamic Azad University , Gheshm , Iran

2 Full Professor of Law , Faculty of Law and political Science , University of Tehran , Tehran , Iran

3 Assistant Professor of Law, Law Department, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran

Abstract

When customary law is formulated in the form of a text, the content of these rules generally undergoes changes, either due to the expression of customary rules in the form of natural language, or because we observe the gradual development of these rights. How a set of rules is implemented in domestic and international law is very different. A state that wants to have a new civil law has to pass a law to that effect, and since then a new set of rules has been applied to all the people of the country. Is copied. In international law, the situation is a bit more complicated, because it is not possible to pass a law, in such cases, concluding a treaty is a way to give legal value to the text of the law, this document is not valid for all members of the international community. This can happen at different times, as it is possible that one state will join the international treaty today and another another several years later. They shall not have the same effect as all other States Parties to the present Covenant. Eventually one of the treaty states may reject or withdraw from the treaty.

Keywords

Political Sociology of Iran
Volume 5, Issue 4
August 2022
Pages 422-443

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