The Vital National Interest in the Light of International Judicial Procedure (Jurisprudence)
Undoubtedly, one of the most ambiguous and controversial concepts in the international law documents is the debate on the vital national interest which is as old as the concept of nation-state itself and every country due to its own situations and conditions gives a specific interpretation of this c...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2011-11-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_2336_29b4ba1ea2435a386b389d66dec6a798.pdf |
| Summary: | Undoubtedly, one of the most ambiguous and controversial concepts in
the international law documents is the debate on the vital national interest
which is as old as the concept of nation-state itself and every country due
to its own situations and conditions gives a specific interpretation of this
concept. The concept of vital national interest, has created a juridical gap
and as an essentially political concept has kept its place in juridical texts,
which is considered as one of the main obstacles for developments and
progresses of international law, because it has been used by states in
many ways as a shield against legal standards, as well as as a tool to
escape from legal obligations. Therefore, it lays some restrictions on the
application of international law rules, yet it looms its acts and claims for
regarding international law.
International Jurisprudence expresses that, in the relationship between the
vital national interests and international legal orders, it is the legal system
which has the prior importance. owever, contrary to the government’s view,
they allow restricted vital national interest and declare that national interest
subordinates to International Law and it is not subject to the of each state.
International Law has always tried to interpret thevital national interests in a
way that results in the least loss to the universal International values. |
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| ISSN: | 2345-6116 2476-6216 |