COUNTERCLAIMS BEFORE PRECEDENT OF INTERNATIONAL COURT OF JUSTICE

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SHAMLOU SOUDEH; SHAMLOO SARA

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Journal Paper

Paper Information

Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2017 | Volume:7 | Issue:2 Page(s): 177-209

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Title

COUNTERCLAIMS BEFORE PRECEDENT OF INTERNATIONAL COURT OF JUSTICE

Author(s)

SHAMLOU SOUDEH | SHAMLOO SARA

Keywords

COUNTERCLAIM

PRECEDENT

JURISDICTION

DIRECT CONNECTION

ERGA OMNES

Abstract

In order to eliminate the deficit and develop international law, it has been always adapted from municipal law by reliance to the principle of analogy. Positivism opposes this approach, but this is reality that international law is not an integral part of municipal law. COUNTERCLAIM before international court of justice support from respondent and enforcement of justice. The Court will issue the decision of COUNTERCLAIM provided that it comes within the JURISDICTION and DIRECT CONNECTION with the subject-matter. The PRECEDENT implies that the international court of justice adheres to formalism. Although The Court has sometimes abandoned from strict position to the condition of DIRECT CONNECTION, but it has still been bound to JURISDICTION even in cases where the nature of the claims ware ERGA OMNES by positivist approach.

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APA: Copy

SHAMLOU, SOUDEH, & SHAMLOO, SARA. (2017). COUNTERCLAIMS BEFORE PRECEDENT OF INTERNATIONAL COURT OF JUSTICE. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 7(2 ), 177-209. SID. https://sid.ir/paper/713482/en

Vancouver: Copy

SHAMLOU SOUDEH, SHAMLOO SARA. COUNTERCLAIMS BEFORE PRECEDENT OF INTERNATIONAL COURT OF JUSTICE. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2017;7(2 ):177-209. Available from: https://sid.ir/paper/713482/en

IEEE: Copy

SOUDEH SHAMLOU, and SARA SHAMLOO, “COUNTERCLAIMS BEFORE PRECEDENT OF INTERNATIONAL COURT OF JUSTICE,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 7, no. 2 , pp. 177–209, 2017, [Online]. Available: https://sid.ir/paper/713482/en

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