الطبيعة القانونية لقواعد القانون الدولي: دراسة في المفاهيم والتعاريف
DOI:
https://doi.org/10.52981/oiuj.v20i2.3148Keywords:
قواعد القانون الدولي؛ القانون الدولي العام؛ القواعد العرفية؛ المعاملة بالمثل؛ المحاكم الدولية؛ الأعمال البوليسيةAbstract
Abstract
Public international law is of great importance in our contemporary life, as it represents the law that regulates relations between persons of international law, whether they are states, organizations, or ordinary individuals. It is important to study the meaning of public international law, and to be familiar with the concepts and definitions related to it. To determine the nature of public international law, the question arises about the nature of the rules of this law. Are they legal rules in the correct sense, or are they merely moral rules that do not entail any legal responsibility for violating them? This is what jurists differed on. Some of them saw them as legal rules in the correct sense that states are bound by, just as individuals are bound by the rules of domestic law. Some of them denied the legal nature of rules, i.e. the nature of legal obligation. We mention from the results that public international law is a law established to regulate relations between states and organizations, and its beginnings were found in ancient times since the beginning of the emergence of states and kingdoms. From the recommendations, it can be implemented by one party or what is known as "unilateral implementation", in response to an internationally unlawful act