Volume 15, Issue 4 (2011)
CLR 2011, 15(4): 15-34 |
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Zarneshan* S. The Concept and Nature of Subjective Element in the Formation of the Rules of Customary International Law. CLR 2011; 15 (4) :15-34
URL: http://clr.modares.ac.ir/article-20-3525-en.html
URL: http://clr.modares.ac.ir/article-20-3525-en.html
Ph.D. in International Law, Univesity of Tehran, Tehran, Iran
Abstract: (6564 Views)
Subjective element, as an essential and inseparable component of the formation of customary international law rules-besides the objective element (practice)-has always been one of the most controversial debates in the international law arena. In spite of the fact that the theoretical contentions about this topic have progressed densely and different schools have followed their own approaches, however, it seems that the dominant doctrine, by relying on the international judicial practice, has successfully clarified it. Explanation of the subjective element concept and its necessity in the process of the formation of the rule, alongside the analysis of its nature has always been an important part of the debates over the customary international law.
Keywords: Subjective element, Customary rule, Opinio Juris sive necessitates, Customary international law, Tacit consent
Received: 2012/01/2 | Accepted: 2012/03/14 | Published: 2012/03/19
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