نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
The issue of sources of international law is one of the most controversial issues in international law. Article 38 of the Statute of the International Court of Justice lists the sources of international law. Unilateral acts of states are not among these sources, but states have repeatedly shown in their international practice that they have accepted obligations through these acts and also consider themselves beneficiaries of the unilateral acts of other states. A similar situation can be observed in judicial practice, which has led to unilateral acts and declarations being considered as having binding effects. International judicial practice indicates that in the relationship between the vital national interests of states and the international legal order, this legal order has had primary and prior importance, and unlike states, they believe in the theory of vital national interests and declare that national interests are subject to international law, not the interpretation and understanding of each state, and they have always tried to interpret the appeal to vital national interests in a way that does not harm the universal legal values of the international community.
کلیدواژهها English