COMPARATIVE STUDY OF LEGAL PARTICULARISM VIS-A-VIS INTERNATIONAL LAW: AMERICAN EXEMPTIONALISM VS. EUROPEAN UNION PLURALISM

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

TASKHIRI MOHAMMAD SALEH; MOUSAZADEH REZA; ALIZADEH MASSOUD

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

Journal Paper

Paper Information

Journal: PUBLIC LAW STUDIES QUARTERLY Year:2018 | Volume:48 | Issue:1 Page(s): 159-179

Download Full-Text

Persian Verion

View:

918

Download:

Cites:

Information Journal Paper

Title

COMPARATIVE STUDY OF LEGAL PARTICULARISM VIS-A-VIS INTERNATIONAL LAW: AMERICAN EXEMPTIONALISM VS. EUROPEAN UNION PLURALISM

Author(s)

TASKHIRI MOHAMMAD SALEH | MOUSAZADEH REZA | ALIZADEH MASSOUD | Issue Writer Certificate

Keywords

LEGAL PARTICULARISMQ1

LEGAL UNIVERSALISMQ1

LEGAL PLURALISMQ1

EXEMPTIONALISMQ1

DOUBLE STANDARDSQ1

Abstract

Universalism is defined as applying the rules of international law equally for all states or entities, while particularism is defined as a situation wherein a state or an entity seeks to apply its particular values and norms even if they are assumed against or inconsistent with the universal rules. The particularistic states or entities seek to find the means and methods through which they can have the possibility of escaping the dominance of international law wherever they find the international law against their interests and values, or at least they can bring it to their own accord. As two key actors in international relations, the EU and the US by adopting positions and practices that differ from the universal rules have institutionalized a particularistic approach to international law. The US and the EU take advantages of similar practices in their own particularistic approach. Applying DOUBLE STANDARDS, using alternative interpretations and unilateralism are some examples of such practices. American Particularism is based on sovereignty and the reliance on military power and this has led the US particularistic approach suffers from the EXEMPTIONALISM. In contrast, the European Union, with an emphasis on the independence of the EU legal order and LEGAL PLURALISM, has displayed a purposeful and moderate Particularism. Explaining the similarities and differences between the United States and the European Union, the current study rejects unjustified Particularism in international law and assesses the EU approach and function more moderate.

Cites

No record.

References

No record.

Cite

APA: Copy

TASKHIRI, MOHAMMAD SALEH, MOUSAZADEH, REZA, & ALIZADEH, MASSOUD. (2018). COMPARATIVE STUDY OF LEGAL PARTICULARISM VIS-A-VIS INTERNATIONAL LAW: AMERICAN EXEMPTIONALISM VS. EUROPEAN UNION PLURALISM. PUBLIC LAW STUDIES QUARTERLY, 48(1 ), 159-179. SID. https://sid.ir/paper/251266/en

Vancouver: Copy

TASKHIRI MOHAMMAD SALEH, MOUSAZADEH REZA, ALIZADEH MASSOUD. COMPARATIVE STUDY OF LEGAL PARTICULARISM VIS-A-VIS INTERNATIONAL LAW: AMERICAN EXEMPTIONALISM VS. EUROPEAN UNION PLURALISM. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2018;48(1 ):159-179. Available from: https://sid.ir/paper/251266/en

IEEE: Copy

MOHAMMAD SALEH TASKHIRI, REZA MOUSAZADEH, and MASSOUD ALIZADEH, “COMPARATIVE STUDY OF LEGAL PARTICULARISM VIS-A-VIS INTERNATIONAL LAW: AMERICAN EXEMPTIONALISM VS. EUROPEAN UNION PLURALISM,” PUBLIC LAW STUDIES QUARTERLY, vol. 48, no. 1 , pp. 159–179, 2018, [Online]. Available: https://sid.ir/paper/251266/en

Related Journal Papers