Configuration and Applying of International Soft Law in the Light of Procedure of the International Court of Justice with an Emphasis on Humanitarian Law

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Beyranvand Farid; Sharifi Taraz Koohi Hossain; Salami Sadegh

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Journal: Medical Law Year:2020 | Volume:14 | Issue:Special Issue on Human Rights and Citizenship Rights Page(s): 73-87

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Information Journal Paper

Title

Configuration and Applying of International Soft Law in the Light of Procedure of the International Court of Justice with an Emphasis on Humanitarian Law

Author(s)

Beyranvand Farid | Sharifi Taraz Koohi Hossain | Salami Sadegh | Issue Writer Certificate

Keywords

Legal RuleQ1

Soft LawQ1

Judicial Procedure of International Court of JusticeQ1

Sources of International LawQ1

Abstract

Norms in the world of law have two pillars: one of them is binding, and another is compliance. Soft Law norms have only the second pillar. In the present study, it will be observed that the International Court of Justice, despite the classical formulas of the Article 38 of its Statute, plays a role in both the status of the executor and in the position of a humanitarian soft-law-making authority. On one hand, through the application of Soft Law mechanism by the Court, international humanitarian law norms are changed, interpreted, ratified, amended and even changed without the need for universal consensus and, on other hand, the Court's reference to humanitarian Soft Law can be seen as a way to facilitate the process of transferring these norms to hard humanitarian law. Also in the light of the Judicial Procedure of Court, humanitarian Soft Law has the potential to reinforce and promote the rules of international humanitarian law and, as the case may be, enhance them in the normative hierarchy of international law. On the other hand, the Court's usage of norms and documents of Soft Law has an adverse effect on the relationship between the court's position and the conduct of members of the international community.

Cites

Counter-narcotics in the light of international instruments with emphasis on the normative hierarchy of international law

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APA: Copy

Beyranvand, Farid, Sharifi Taraz Koohi, Hossain, & Salami, Sadegh. (2020). Configuration and Applying of International Soft Law in the Light of Procedure of the International Court of Justice with an Emphasis on Humanitarian Law. MEDICAL LAW, 14(Special Issue on Human Rights and Citizenship Rights ), 73-87. SID. https://sid.ir/paper/398280/en

Vancouver: Copy

Beyranvand Farid, Sharifi Taraz Koohi Hossain, Salami Sadegh. Configuration and Applying of International Soft Law in the Light of Procedure of the International Court of Justice with an Emphasis on Humanitarian Law. MEDICAL LAW[Internet]. 2020;14(Special Issue on Human Rights and Citizenship Rights ):73-87. Available from: https://sid.ir/paper/398280/en

IEEE: Copy

Farid Beyranvand, Hossain Sharifi Taraz Koohi, and Sadegh Salami, “Configuration and Applying of International Soft Law in the Light of Procedure of the International Court of Justice with an Emphasis on Humanitarian Law,” MEDICAL LAW, vol. 14, no. Special Issue on Human Rights and Citizenship Rights , pp. 73–87, 2020, [Online]. Available: https://sid.ir/paper/398280/en

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