Study on changing rule-making process in the public international law from customary to contract case

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

Abstract

The present essay examines the changing of the rule-of-laws process in international law from conventional to contractual.

The customary process of law is increasingly in favor of contractual rights that are backward Although the international law of the contractor is always prepared in the form of treaties Which will not be enforceable against them without prior agreement of the states

Article 38 of the Statute of the International Court of Justice, which proclaims the sources of the form of international law Accordingly, general and specific treaties and general conventions, and then general principles Legal rights are recognized as legal criteria Which can be documented by the International Court of Justice judgments.

In this essay, we have been looking at the dimensions in detail

The process of rule-making in international law. This essay is compiled by a library and descriptive method.

And it's completely outdated. Of course, we can also use the results of the research.

Which the tribes and tribes of the world have expanded rapidly

The importance of research has increased.

Which the tribes and tribes of the world have expanded rapidly

It is necessary to continue the peaceful life of mankind Which transposes all international principles and rules from the level of the customary and the publicUpgrade to standard and documentary levels In the contemporary century, it is necessary because of the spread of conflicts and wars in the world That all the rules should be written in a contractual manner.

Keywords

Political Sociology of Iran
Volume 3, Issue 4 - Serial Number 12
February 2021
Pages 2131-2149

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