alireza Ebrahimgol
Abstract
International law, as a scientific trend, has various components (systems, regimes and (sets) of legal rules) that are united by the status or factors so as to become a system. One of the concepts claimed to act as unifying factor in the constituents of international law, making hierarchy and order is ...
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International law, as a scientific trend, has various components (systems, regimes and (sets) of legal rules) that are united by the status or factors so as to become a system. One of the concepts claimed to act as unifying factor in the constituents of international law, making hierarchy and order is the concept of the jus cogens. However, there are controversies in different conceptual and scientific dimensions of jus cogens. After the formation of jus cogens, various views on the concept and definition of it in the field of international law have been emerged. These views can be categorized in two forms of classical and modern understanding of the principle. The view of this study is that the distinct teachings of the highly scholars of international law on the concept of jus cogens suggest that the one-dimensional perspective on jus cogens cannot be a reflection of the fluid and dynamic role of this principle in the modern international legal order. Therefore, nowadays, due to the complexity of international law, jus cogens must inevitably emerge in distinct legal forms and techniques, in order to be able to maintain its system-making feature.
Abstract
Energy Charter Treaty (ECT) is an International Agreement which provides a multilateral outline for transborder coopretion on Enenrgy. Bearing in mind the continuance of economic and Enenrgy Crisis around the world and paying attention to increasing importance of energy in internatinal relations and ...
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Energy Charter Treaty (ECT) is an International Agreement which provides a multilateral outline for transborder coopretion on Enenrgy. Bearing in mind the continuance of economic and Enenrgy Crisis around the world and paying attention to increasing importance of energy in internatinal relations and due to the direct impact of energy and its influence on resolving the International community problems, some states and International organizations introduce new vision on the nature of international obligations in the field of enenrgy and its charactrestics. On this base, surveying the legal status of International treaties –namely ECT- will aid us undrestanding the stream and its process of fornation among International Subjects. That is what is going on in this paper.
Hassan Savari; Mohammad Saleh Attar
Volume 16, Issue 44 , February 2015, , Pages 35-71
Abstract
The UN charter as the foremost instrument in giving birth to International contemporary order- has laid the foundation of a new regime which is deemed by many as a revolution against Westphalia order of International law. This profound evolution is chiefly based on introduction of sociological premises ...
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The UN charter as the foremost instrument in giving birth to International contemporary order- has laid the foundation of a new regime which is deemed by many as a revolution against Westphalia order of International law. This profound evolution is chiefly based on introduction of sociological premises as the main guide line in framing the International order. Learning lessons from its short lived inchoate predecessor – The Covenant of the League of Nations 1919 – the new regime along with structural concepts, resorts to globalized normative sociological norms in its attempt to frame the new order. In realization of its set targets however, the system suffers a quite number of deficiencies; that is there exist norms and structures in the system that may adversely affect its desired goals. Nonetheless, the introduction of the new order under the auspices of the principles and the perspectives are set forth in the charter requires appropriate legal mechanisms in order to open door to realization of legal universalism era – a step forward towards further development of reciprocal order - a target desired while formulation of the charter was underway. Emerging of new International commitments serve as prominent legal tools to regulate and arrange the new order. Such rights and duties, which take various forms and consequence, are governed by corresponding legal regimes. These regimes, which have roots in their predecessors and any future generation of regime will be emerged, shall evolve based on the needs, requirements and developments that may arise time to time. This paper aims at studying International obligations and their corresponding legal regimes with regards to their existing status in International interactions.
