Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 1164-1151 |
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Heidari T, Hakakzadeh M R, Rezaei M T. The Approach of the International Court of Justice in Interpreting the Rules and Principles of International Law. MLJ 2022; 16 :1164-1151
URL: http://ijmedicallaw.ir/article-1-1829-en.html
URL: http://ijmedicallaw.ir/article-1-1829-en.html
1- Department of International Law, Islamic Azad University, Qom Branch, Qom, Iran., Islamic Azad university
2- Department of International Law, Islamic Azad University, Qom Branch, Qom, Iran.
3- Department of International Law, Payam Noor University, Tehran, Iran
2- Department of International Law, Islamic Azad University, Qom Branch, Qom, Iran.
3- Department of International Law, Payam Noor University, Tehran, Iran
Abstract:
Background and Aim: The International Court of Justice plays an important role in settling international disputes, but is settling disputes the only function of the court? The purpose of this article is to examine the approach of the International Court of Justice in interpreting the rules and principles of international law.
Method: The mentioned article is descriptive and analytical and the library method was used.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: In some of its opinions, the International Court of Justice has resolved the ambiguities in international law by using dynamic interpretation in the way of matching the intention of the treaty parties with the requirements of the time and the needs of the international community and by discovering the real will of the parties. Dynamic interpretation is a tool that the court sometimes uses in the interpretation of legal rules and through it, it updates the rules according to the current situation of the international community; An interpretation that is based on the intention of the parties.
Conclusion: The rules and regulations governing the interpretation of international treaties are among the tools that the International Court of Justice frequently uses when dealing with cases. This has been influential in the development of various fields of international law.
Please cite this article as:
Heidari T, Hakakzadeh MR, Rezaei MT. The Approach of the International Court of Justice in Interpreting the Rules and Principles of International Law. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e65.
Method: The mentioned article is descriptive and analytical and the library method was used.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: In some of its opinions, the International Court of Justice has resolved the ambiguities in international law by using dynamic interpretation in the way of matching the intention of the treaty parties with the requirements of the time and the needs of the international community and by discovering the real will of the parties. Dynamic interpretation is a tool that the court sometimes uses in the interpretation of legal rules and through it, it updates the rules according to the current situation of the international community; An interpretation that is based on the intention of the parties.
Conclusion: The rules and regulations governing the interpretation of international treaties are among the tools that the International Court of Justice frequently uses when dealing with cases. This has been influential in the development of various fields of international law.
Please cite this article as:
Heidari T, Hakakzadeh MR, Rezaei MT. The Approach of the International Court of Justice in Interpreting the Rules and Principles of International Law. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e65.
Keywords: International Court of Justice, Interpretation, Development of International Law, Judicial Procedure
Type of Study: Original Article |
Received: 2024/05/8 | Accepted: 2024/09/3
Received: 2024/05/8 | Accepted: 2024/09/3
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