Jus Cogens As The Most Prominent Substantial Factor Of International Legal Order

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ATTAR MOHAMMAD SALEH; EBRAHIMGOL ALIREZA

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2019 | Volume:20 | Issue:61 Page(s): 291-317

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Title

Jus Cogens As The Most Prominent Substantial Factor Of International Legal Order

Author(s)

ATTAR MOHAMMAD SALEH | EBRAHIMGOL ALIREZA | Issue Writer Certificate

Keywords

conceptQ1

jus cogensQ1

legal orderQ1

classical conceptionsQ1

modern conceptionsQ1

Abstract

nternational 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.

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APA: Copy

ATTAR, MOHAMMAD SALEH, & EBRAHIMGOL, ALIREZA. (2019). Jus Cogens As The Most Prominent Substantial Factor Of International Legal Order. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 20(61 ), 291-317. SID. https://sid.ir/paper/225208/en

Vancouver: Copy

ATTAR MOHAMMAD SALEH, EBRAHIMGOL ALIREZA. Jus Cogens As The Most Prominent Substantial Factor Of International Legal Order. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2019;20(61 ):291-317. Available from: https://sid.ir/paper/225208/en

IEEE: Copy

MOHAMMAD SALEH ATTAR, and ALIREZA EBRAHIMGOL, “Jus Cogens As The Most Prominent Substantial Factor Of International Legal Order,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 20, no. 61 , pp. 291–317, 2019, [Online]. Available: https://sid.ir/paper/225208/en

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