THE RELATIONSHIP OF

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ZARNESHAN SHAHRAM

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2018 | Volume:48 | Issue:2 Page(s): 319-338

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Information Journal Paper

Title

THE RELATIONSHIP OF "MARTENS CLAUSE" & HUMAN RIGHTS IN THE CONTEMPORARY INTERNATIONAL LEGAL SYSTEM

Author(s)

ZARNESHAN SHAHRAM | Issue Writer Certificate

Keywords

NATURAL LAWQ2

CUSTOMARY LAWQ1

MARTENS CLAUSEQ1

SOURCES OF INTERNATIONAL LAWQ2

Abstract

Although the structure and foundation of contemporary international legal system, often based on the opinions and ideas of the schools of positivist and therefore the sovereignty of States is central for making the rules of international law, but it should not forget that the existence and validity of human rights which we often talk about it, has not risen from will of the States. Human rights today are a new version of the NATURAL LAW yesterday. Apart from this, more and more influence of principles & opinions of NATURAL LAW on the body of contemporary international legal system became more obvious manifestation when the traditional system of making rule could no longer meet the requirements and needs of the international community in all areas -specifically the human rights area- so the declaration of "Martens clause" was ratified by the States. Thus we have witnessed new development in the field of construction and modification of the most important sources of international human rights law, which is in response to the needs of the day, and a manifestation of the link between MARTENS CLAUSE and human rights in the new legal order.

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APA: Copy

ZARNESHAN, SHAHRAM. (2018). THE RELATIONSHIP OF "MARTENS CLAUSE" & HUMAN RIGHTS IN THE CONTEMPORARY INTERNATIONAL LEGAL SYSTEM. PUBLIC LAW STUDIES QUARTERLY, 48(2 ), 319-338. SID. https://sid.ir/paper/251330/en

Vancouver: Copy

ZARNESHAN SHAHRAM. THE RELATIONSHIP OF "MARTENS CLAUSE" & HUMAN RIGHTS IN THE CONTEMPORARY INTERNATIONAL LEGAL SYSTEM. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2018;48(2 ):319-338. Available from: https://sid.ir/paper/251330/en

IEEE: Copy

SHAHRAM ZARNESHAN, “THE RELATIONSHIP OF "MARTENS CLAUSE" & HUMAN RIGHTS IN THE CONTEMPORARY INTERNATIONAL LEGAL SYSTEM,” PUBLIC LAW STUDIES QUARTERLY, vol. 48, no. 2 , pp. 319–338, 2018, [Online]. Available: https://sid.ir/paper/251330/en

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