Volume 15, Issue 56 (4-2021)                   MLJ 2021, 15(56): 659-676 | Back to browse issues page

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Beyranvand F, Sharifi Tarazkoohi H, Salimi S. Receiving medical assistance in cases of natural and man-made disasters in the light of soft law with emphasis on formalism and pluralism of international law. MLJ 2021; 15 (56) :659-676
URL: http://ijmedicallaw.ir/article-1-1372-en.html
1- Department of International Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Department of Law, Imam Hossain University, Tehran, Iran
Abstract:  
Background and Aim: Norms in the legal world have two pillars: one is binding and the other is adherence. Soft law norms have only the second pillar, adherence. On the other hand, there is a binding international law regarding humanitarian aid in response to natural and man-made disasters. But in recent years, soft law documents have developed in this area. The development of soft norms has apparently led to dispersal and refraction in the space of international norms.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: The content of a set of soft law documents is crystallized in a logical order in the work of international institutions, including the International Law Commission. It should be noted that the Commission has enlisted the help of soft law documents to prepare a regular set of applicable legal rules.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Looking at the world of law from the perspective of postmodernism and the complexity of the relations of the subjects of law has caused failure and refraction in the world of law; That is, traditional classifications cannot cover the current complex relationships of legal entities. As a result, we are now witnessing that proprietary rights have emerged in the space of new legal analyzes and arguments, In the meantime, the right to receive humanitarian aid, and in particular medical aid, is no exception to this principle.

Cite this article as: Beyranvand F, Sharifi Tarazkoohi H, Salimi S. Receiving medical assistance in cases of natural and man-made disasters in the light of soft law with emphasis on formalism and pluralism of international law. Medical Law Journal 2021; 15(56): e41.
Type of Study: Original Article |
Received: 2020/10/3 | Accepted: 2021/02/26

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