جزوه متون حقوقی دکتر نساری

جزوه متون حقوقی دکتر نساری

public international law 

حقوق بین الملل عمومی 

private international law 

حقوق بین الملل خصوصی 

domestic law, 

حقوق داخلی

حقوق بین الملل قبلا فققط بین دولت تنظیم میکنه اما الان تابعان حقوق بین املل بیشتر شده

Contemporary international law

حقوق بین الملل  معاصر

regulate the conduct of states and other entities which possess international personality

دولت ها وسایر نهاد(موجدیت ها)

 

States are the main subjects of international law 

تابعان اصلی 

 

 

nature of international law

ماهیت حقوق بین الملل

 

 

One can question whether international law is

ایا حقوق بین الملل...

 

because it has failed to maintain international peace

 

 

cannot dictate the politics and behavior of states.

نمیتوانند رفتار دولت ها وسیاست هاشون رو بهشون دیکته کنند

 

When international law breaks down, 

نقض میشود

 

صفحه 68 و79

Specially Organs

نهادهای تخصصی

...settling disputes by referring it to a 

 

Who is task is to elucidate  the facts 

روشن سازی حقیقت

 

 It has no binding force on the parties

 

Settle your dispute by peaceful means in such a manner that international peace  are not  endangered

 

When new states were created by decolonization, the rules were challenged by these new states and nowadays, there is a heterogeneous group of states that is very different in its economics, culture and ideology. Also, individuals became subjects of international law. Globalization and modern technology has brought states closer together.

 

 

 

 

 

 

 

 

 

UNIT II: SOURCES OF INTERNATIONAL LAW In particular, it is not logical to try to transfer ideas from national legal systems to the very different context of international law. There is no “Code of International Law”. International law has no Parliament and nothing that can really be described as legislation. While there is an International Court of Justice and a range of specialised international courts and tribunals, their jurisdiction is critically dependent upon the consent of States and they lack what can properly be described as acompulsory jurisdiction national courts. The result is that international law is made largely on a decentralised basis by the actions of the 192 States which make up the international community. A source of International law means those origins from where it attains its authority.

 

 

 

 

The principle sources of international law are enumerated in Article 38 of the Statute of the International Court of Justice. The four sources listed by Article 38 are: (a) international conventions or treaties establishing rules expressly recognized by states; (b) customary international law, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) and judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. This list is no longer thought to be complete but it provides a useful starting point

 

 

a) TREATIES The term “treaty” constitutes all kinds of international agreements which are known by a variety of different names such as, conventions, pacts, general acts, charters, statutes, declarations, covenants, protocol, as well as, the name agreements itself. A treaty may be defined as an international agreement concluded between States in written form and governed by International Law. The Vienna Convention on the Law of Treaties defines a treaty as an international agreement between States in written form and governed by international law.