جستجوی مقالات مرتبط با کلیدواژه « عرف بین الملل » در نشریات گروه « علوم سیاسی »

Great powers with different capabilities have a privileged position to operate in various international arenas. One of these cases is the role they play in creating international legal rules. In the modern era, which includes the period after 1945, great powers have formed new legal rules in addition to development of traditional international law through their cooperation and competition. the unilateralism of great powers can also have many effects on international law. The purpose is to investigate the unilateralism of the America in the field of international relations and its effects on international law. the question is, how does America's unilateralism in the field of international relations affect international law? the hypothesis is due to the fact that America, as the hegemon, has the capacity to influence the field of international relations, In the field of international law, the unilateralist action of this country, although it can lead to the creation of international customs in some cases, but in practice, it causes weakness and functional crisis in this area. The results show that the unilateral action of America in preemptive defense, use of drones, and use of torture to obtain confessions from terrorist suspects leads to ignoring general rules and ultimately weakening international law. The current study has analyzed the unilateralism of the America in the field of international law with a descriptive-analytical approach in the three areas of creating international custom, the cross-border consequences of domestic law, and the interpretation of the rules of international law by this country.

The formation of international law especially after the foundation of United Nations (1945) is mainly based on the State’s practice through treaty-making process by States themselves. The States agrees to be bound by an treaty if the formal steps of agreement such as negotiation, signature, ratification etc. is respected. Since that time, the role of State’s consent has been diminished and the western countries focuses on the development of the “unconsensual international law”. In this paper, the practice of States are examined which shows that the present trend of international law take distance from hard law and shifts to the “soft law”. Taking note of the new development of international law , we study the States practices on the codification of the Paris Climate Change agreement of December 2015.