International Law
Mahmoud Hajjar; Seyed ghasem zamani
Abstract
The interpretation of treaties is particularly important in the field of treaty law, as in most cases it is not possible to apply treaties without their interpretation. In addition to the text and context of the treaty, the relevant rules of international law, including the general principles of law, ...
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The interpretation of treaties is particularly important in the field of treaty law, as in most cases it is not possible to apply treaties without their interpretation. In addition to the text and context of the treaty, the relevant rules of international law, including the general principles of law, can play an important role in the interpretation of treaties. A treaty is a creation of the international legal system, and its interpretation and implementation should be carried out within the context of the legal system that governs it. The main question to which this research intends to answer is: What is the position of general principles of law in the interpretation of treaties? It seems that the use of general principles of law in the interpretation of treaties can reduce the potential fragmentation of international law and promote its coherence. In this research, by using library sources, international documents and international judicial decisions and arbitration awards and using a descriptive-analytical method, the position of general principles of law in the interpretation of treaties will be examined.
Masoud Alborzi Verki; Mustafa Khorrami
Abstract
Distinction between airspace and outer space, despite its theoretical benefits and practical effects, has been controversial. The legal system of airspace is based upon sovereignty principle of territorial state; contrary to that of outer space which is based upon freedom to use. Where does ...
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Distinction between airspace and outer space, despite its theoretical benefits and practical effects, has been controversial. The legal system of airspace is based upon sovereignty principle of territorial state; contrary to that of outer space which is based upon freedom to use. Where does space begin or at what altitude does airspace end, determines the domain of states powers in exercising sovereignty over the space. The present study examines with a critical approach the criteria of this distinction, the status of outer space ownership; comparison of airspace with sea area. By resorting to general principles of law, due to absence of an accepted legal rule, reliance must be made on incontrovertible criterion under which, the lowest point of an orbital flight to be considered as the beginning of outer space, and, the maximum altitude of a plane capable of flying as the airspace located in the air territory. Given the rules governing outer space are specific regime, where there is doubt as to state sovereignty, its existence should be presumed. Therefore, the area between airspace and outer space is governed by air law.
