terrorism is also disrupting some crucial legal categories of international law

Doctrinal Categories, Legal Realism, and the Rule of Law

INTRODUCTION ....................................................................................... 1889 I. THE REALIST CONCEPTION OF LAW .................................................. 1891 II. THE ROLE OF DOCTRINE AND THE RULE OF LAW ........................... 1898 III. DOCTRINAL CATEGORIES, REALISTICALLY RECONSTRUCTED ........... 1905 IV. A CASE STUDY: ON PROPERTY AND PROPERTY INSTITUTI...

The End of History? Reflections on Some International Legal Theses

Democracy used to be a word that international legal commentators preferred to avoid. At least by the second half of the present century, this was not because too few governments identified themselves as democratic. It was rather because too many did so. The world's most repressive regimes joined their more representative counterparts in claiming a title that had become synonymous with praisewo...

peremptory norms in international law; development or revolution of sources of international law (a comparative analysis of national legal systems)

contemporary international law introduces a notion of peremptory norms comparable to hierarchy of norms in national legal system. a jus cogens is a norm of international law considered so fundamental that it overrides all other sources of international law. a rule of jus cogens has a specific process of emergence that will be essentially different from other sources of international law which r...

When Legal System Collide: The Judicial Review of Freezing Measures In The Fight Against International Terrorism

aliens legal situation in iranian legal system in the light of humanization of international law

aliens presence in other states territory, be individually or collectively, has an ancient history and because of this, aliens presence in other state is not a unusual phenomenon. explicitly this presence entails some legal effects. aliens have minimum rights recognized by states; otherwise some discriminations may be seen in performance of this rights. nowadays by some developments in internat...

Ethics Governing International Investment Contracts unless the Applicable Law is Established

Background: Settlement of disputes arising from foreign investment may be possible if the governing law is clear. Irrespective of international treaties, since the legal relationship between the investor and the investee is often included in investment contracts, the law governing such contracts is determined. But there are cases where the ruling law has not been determined. In this case, three...