TEACHINGS OF THE PROMINENT INTERNATIONAL LAWYERS

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RANJBARIAN AMIR HOSEIN; KAMALINEJAD HASSAN

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Journal: COMPARATIVE LAW REVIEW Year:2014 | Volume:4 | Issue:2 Page(s): 37-56

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Information Journal Paper

Title

TEACHINGS OF THE PROMINENT INTERNATIONAL LAWYERS

Author(s)

RANJBARIAN AMIR HOSEIN | KAMALINEJAD HASSAN | Issue Writer Certificate

Keywords

COLLECTIVE TEACHINGSQ2

INTERNATIONAL LEGAL WRITINGSQ2

INTERNATIONAL COURT OF JUSTICEQ2

INTERNATIONAL TRIBUNALSQ2

MEANS FOR THE DETERMINATION OF RULE OF LAWQ1

PRIMARY SOURCE OF RULE OF LAWQ2

SECONDARY SOURCE OF RULE OF LAWQ2

TEACHINGS OF THE PROMINENT INTERNATIONAL LAWYERSQ2

Abstract

Due to the change in attitudes, the traditional position the teachings (doctrines) of international jurists occupied in the early centuries following the birth of modern international law descended from primary source to secondary one, and seemingly, in the first half of the 21st century, the jurisprudence of international courts paid little attention to them. But with the emergence of international courts over the recent decades, their case law saw a major change and nowadays many courts, while differentiating de lege lata from de lege ferenda, are no longer cautious about citing the scholarly works of the prominent jurists. Besides, the fact that there is rare, explicit reference to the legal works by some courts, especially the ICJ, does not mean they do not resort to the legal writings, and their judgments and awards are strongly based on them. The other function of the noted publicists'' doctrines is to bring the spirit of development and in some cases, formative influence into the international legal system.

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APA: Copy

RANJBARIAN, AMIR HOSEIN, & KAMALINEJAD, HASSAN. (2014). TEACHINGS OF THE PROMINENT INTERNATIONAL LAWYERS. COMPARATIVE LAW REVIEW, 4(2), 37-56. SID. https://sid.ir/paper/246242/en

Vancouver: Copy

RANJBARIAN AMIR HOSEIN, KAMALINEJAD HASSAN. TEACHINGS OF THE PROMINENT INTERNATIONAL LAWYERS. COMPARATIVE LAW REVIEW[Internet]. 2014;4(2):37-56. Available from: https://sid.ir/paper/246242/en

IEEE: Copy

AMIR HOSEIN RANJBARIAN, and HASSAN KAMALINEJAD, “TEACHINGS OF THE PROMINENT INTERNATIONAL LAWYERS,” COMPARATIVE LAW REVIEW, vol. 4, no. 2, pp. 37–56, 2014, [Online]. Available: https://sid.ir/paper/246242/en

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