METHODOLOGY OF INTERNATIONAL LAW

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ZIAEI BIGDELI M.R.

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Paper Information

Journal: LAW & POLITICS RESEARCH JOURNAL Year:2006 | Volume:7 | Issue:15-16 (SPECIAL OF LAW) Page(s): 7-18

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Information Journal Paper

Title

METHODOLOGY OF INTERNATIONAL LAW

Author(s)

ZIAEI BIGDELI M.R. | Issue Writer Certificate

Keywords

METHODOLOGYQ4

INTERNATIONAL LAWQ1

INDUCTIVE APPROACHQ4

DEDUCTIVE APPROACHQ4

LOGICAL ANALYSIS OF INTERNATIONAL LAWQ4

Abstract

Understanding METHODOLOGY of each subject, in principle, is the best way to know about it. METHODOLOGY of INTERNATIONAL LAW can be used in two senses: a broad sense, and a narrow sense. In its broad sense, it is all the methods that can be used to find a scientific understanding of INTERNATIONAL LAW; whereas, in its narrow sense, it means all the methods can be used to discover norms and principles of INTERNATIONAL LAW.The purpose of METHODOLOGY of INTERNATIONAL LAW in its narrow sense is to discover various rules and principles of substantive law. For instance, a judge should apply this METHODOLOGY to find out what are the rules and principles of law regarding each particular case?The most important approach for logical analysis of INTERNATIONAL LAW is inductive and DEDUCTIVE APPROACHes.Inductive approach, which is a sort of experimental method, and is influenced by sociology, that is to watch and observe effects of rules of law on international community.In DEDUCTIVE APPROACH, or analogical reasoning, rules of INTERNATIONAL LAW should be found out through process of reasoning based on the legal facts and principles, or procedural methods of creating a rule of law.METHODOLOGY of INTERNATIONAL LAW cannot be distinguished from the issue of sources of INTERNATIONAL LAW, because searching for applicable and enforceable rules in practice, seems impossible without having a guideline for this search.In principle, methods for finding out a rule of INTERNATIONAL LAW should be distinguished from its application. Each rule of law can be applied only after it has been found.METHODOLOGY of INTERNATIONAL LAW is based on two scientific approaches: one is experimental and the other is logical. Through the experimental approach we may find out the social needs and requirements, but this social understanding can be obtained only when logical approach comes to help.This approach can be utilized in a correct understanding, recognition, and analysis of rules of INTERNATIONAL LAW.

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APA: Copy

ZIAEI BIGDELI, M.R.. (2006). METHODOLOGY OF INTERNATIONAL LAW. LAW & POLITICS RESEARCH JOURNAL, 7(15-16 (SPECIAL OF LAW)), 7-18. SID. https://sid.ir/paper/98054/en

Vancouver: Copy

ZIAEI BIGDELI M.R.. METHODOLOGY OF INTERNATIONAL LAW. LAW & POLITICS RESEARCH JOURNAL[Internet]. 2006;7(15-16 (SPECIAL OF LAW)):7-18. Available from: https://sid.ir/paper/98054/en

IEEE: Copy

M.R. ZIAEI BIGDELI, “METHODOLOGY OF INTERNATIONAL LAW,” LAW & POLITICS RESEARCH JOURNAL, vol. 7, no. 15-16 (SPECIAL OF LAW), pp. 7–18, 2006, [Online]. Available: https://sid.ir/paper/98054/en

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