Soft Law in the Light of Requirements of Politics

Document Type : Original Article

Authors

1 Ph.D. student - Political Science - Islamic Azad University, Tehran Markaz Branch,

2 Ph.D. student - Political Science - Islamic Azad University, Tehran Science and Research Branch,

3 Associate Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran

4 Associate Professor - Law- Islamic Azad University, Tehran Markaz Branch,

Abstract

In International law we have not real legislator that we know, so resources of international Law evolved that the most important of them is in article 38 of statute of International Court of Justice for political relations between states. Today soft law was part of resources of International Law but was not a part of article 38. Soft law was moving to developed law concept in political relations between states. Did governments accept these new concept? We supposition soft law is crystalize to hard law but not always. It was very important that soft law was new opportunity to normalization, policymaker and formulation political relations in international society. Furthermore, it is challenges in international society that if the soft law would not definition exactly, it will be subterfuge for governments. This divergence was cause opportunity and challenge of soft law in international society. In this articles our purpose was definition of soft law, we will show the effects of requirements of political relations.

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History

  • Receive Date: 15 September 2021
  • Revise Date: 07 November 2022
  • Accept Date: 07 November 2022

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