جستجوی مقالات مرتبط با کلیدواژه "methodology of international law" در نشریات گروه "فقه و حقوق"

Like any other legal system, the international legal system requires both recognizing and justifying legal rules therein. Formalist approaches have arisen in international law in order to identify legal rules from other legal inference based on formal logic and deductive argument. However, staying within the formalistic and formal frameworks of international law, as defined in formal sources such as treaties, custom, general principles of law, and some resolutions, is incompatible with the dynamics of this branch of law. Critical approaches to law have marked the failure of formalism in the emergence and justification of the rules of international law. Each of the formalist and critical approaches claims that their own method is right in identifying, explaining, justifying, and interpreting the rules of international law. The present article seeks to review and theoretically analyze the contribution of each of them in the logic of international law through reviewing and reflecting on the origin and methods of each of these two approaches in recognizing the rules of international law.

Human beings’ communication with each other and with the peripheral environment has been continuously changed. Hence, transformation is an indispensable feature of human life. These developments lead to the creation and elimination of various social phenomena and their relationships as the subject of science of law. By understanding this, legal scholars are committed to formulate ideas and theories that best fit these phenomena and by designing and resorting to the best techniques, in the best way, to describe and guide the order among them or, in the absence of such an order, to help regulate the relationships of these phenomena and at the same time direct them to the desired horizons ahead.
The theoretical issues of international law as the battlefield for encountering of different views, require more intelligence and coherency. Tools, methods and techniques of these characteristics should be followed in the content and method of studying international law. Accordingly, in this paper, the four concepts of theory, meta-theory, method and methodology with the aim of taking a small step towards the consciousness of scholarship in the field of research in international law will be studied, and thus the importance of theoretical and methods of legal theorization in the field of international law, with emphasis on the usefulness and necessity of studying multi-methods in the field, are redefined with the help of technique of legal meta-theory.

In this article, the author attempts to fill the gap arisingfrom the lack of attention to the methodology in the field oflaw. Through putting forth the discussion of the methodologyof international law, he paves the way for researchers andstudents of international law and related fields. Studying thedominant methodological and theoretical currents in the fieldof international law, new outlooks, which were proposed inthe Methodology of International Law Symposium in 1991,are introduced and assessed. In this context, the first sectionof the article deals with the methodology in general. The othersections refer to the category of methods and methodology,and methodology in philosophy and legal studies. The authorfinally pays attention to the point that the understanding andcommand of the methods and approaches are necessary withrespect to the recognition of sources, incremental codificationand development, implementation, interpretation and judgmentat all levels of the study of international law.