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...

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Main Authors: Hosain Sharifi Tarazkohi, Heidar Piri
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2011-11-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Subjects:
Online Access:https://qjpl.atu.ac.ir/article_2336_29b4ba1ea2435a386b389d66dec6a798.pdf
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author Hosain Sharifi Tarazkohi
Heidar Piri
author_facet Hosain Sharifi Tarazkohi
Heidar Piri
author_sort Hosain Sharifi Tarazkohi
collection DOAJ
description 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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spelling doaj.art-d681ae4612074c0caffdcc23d0a69d252024-01-10T10:49:13ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162011-11-0114389372336The Vital National Interest in the Light of International Judicial Procedure (Jurisprudence)Hosain Sharifi Tarazkohi0Heidar Piri1استادیار دانشگاه امام حسین(ع)کارشناسی ارشد حقوق بین الملل، دانشگاه تربیت مدرسUndoubtedly, 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.https://qjpl.atu.ac.ir/article_2336_29b4ba1ea2435a386b389d66dec6a798.pdfinternational lawthe vital national interestsovereigntyinternational court of justiceinternational jurisprudences
spellingShingle Hosain Sharifi Tarazkohi
Heidar Piri
The Vital National Interest in the Light of International Judicial Procedure (Jurisprudence)
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
international law
the vital national interest
sovereignty
international court of justice
international jurisprudences
title The Vital National Interest in the Light of International Judicial Procedure (Jurisprudence)
title_full The Vital National Interest in the Light of International Judicial Procedure (Jurisprudence)
title_fullStr The Vital National Interest in the Light of International Judicial Procedure (Jurisprudence)
title_full_unstemmed The Vital National Interest in the Light of International Judicial Procedure (Jurisprudence)
title_short The Vital National Interest in the Light of International Judicial Procedure (Jurisprudence)
title_sort vital national interest in the light of international judicial procedure jurisprudence
topic international law
the vital national interest
sovereignty
international court of justice
international jurisprudences
url https://qjpl.atu.ac.ir/article_2336_29b4ba1ea2435a386b389d66dec6a798.pdf
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