Volume 16, Issue 2 (2012)                   IQBQ 2012, 16(2): 1-22 | Back to browse issues page

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Habibzade T, Attar[2]* M S. Conceptual Analysis of “Soft Law” through the System of the Sources of International Law. IQBQ. 2012; 16 (2) :1-22
URL: http://clr.modares.ac.ir/article-20-10061-en.html
1- [ 1. Assistant Professor, Faculty of Law, Emam Sadegh University, Tehran, Iran
2- 2. M.A. Graduated, Department of Law, Tarbiat Modares University, Tehran, Iran
Abstract:   (6337 Views)
            The legal phenomenon is continuously in creation, elimination, changing and diversification. This characteristic of law, e.i. the evolution of the legal phenomenon that is a function of social phenomenon, is more common in the international law – which is in its primitive process of development. Indeed, the international law, in the spectrum of its origin of cosmology to the executive and administrative processes, is steadily in conversion. So its arena of sources is not an exception to that feature. Although soft law, as a new process of law-making, is a new instant of the sources of the international law, which has been well-established, yet there exists controversy and disagreement on the nature of soft law and in some aspects is troublesome. We are on the idea that by presentation of two different bases in analyzing the concept of soft law (or law), one would be able to explain the definition of this relatively new phenomenon in the system of the sources of the international law. Accordingly, we could examine whether soft law is a legal issue or is of any other essence, which the former is corroborated and affirmed.      
*Corresponding Author's Email: Mohasa257@gmail.com  
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Received: 2012/07/16 | Accepted: 2012/09/20 | Published: 2012/12/14

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