نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
In the space of international relations, on the one hand, there is a need for stability in line with the “rule of law” and on the other hand, there is a need for flexibility in line with the changing needs of time (which is due to the political nature or, in other words, interest-oriented relations). One of the concepts that were born in the space of international relations in response to the “need for flexibility” is the concept of “soft law”. On the other hand, national courts use treaties and other international legal norms as an important tool for guidance and assistance in interpreting domestic regulations. To put it simply, the reason for the revision of the said courts to the provisions of international law is not the binding nature of the said provisions, but their usefulness. National courts are sometimes faced with pre-produced soft law and sometimes appear as “producers of soft rights” (by creating procedures against the existing rules). As a result, it seems that basically the production of soft law in the light of the practice of national courts, not only does not create a challenge for international law, but it is considered a suitable mechanism to strengthen the needs assessment and development of international law.
کلیدواژهها English