Examining the human rights components of the rule of law in international law

Document Type : Original Article

Authors

1 PhD student in Najafabad Law School

2 .

Abstract

The rule of law in domestic law inspires concepts such as accountability, transparency, protection of human rights, control of power, legality, and so on. The existence of these characteristics has led to the introduction of this concept, like many valuable concepts of domestic law, into international law. International law is now established as a set of enforceable rules, and their sovereignty is evident in the international community. The rule of law in international law is based on characteristics such as accountability to the law, legal transparency, prevention of arbitrariness, guarantee of the rule of law and with legal certainty, based on the requirements and structure of international law and in accordance with it. In this descriptive-analytical method, we found that human rights, both as the basis of the rule of law in international law and as its goal, have a prominent place in the realization of this principle in international law and the existence of human rights in the establishment of the rule of law is assumed. They simply recognize it. In fact, the establishment of the rule of law requires the implementation of human rights, and the relationship between the two is inseparable and inherent. Because they contain common principles and characteristics, and this was recognized and emphasized in the outcome of the 2005 Summit.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 3404-3418

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