A State Preferences Account of Customary International Law Adjudication

Criminal Mediation as a Doctrine of Restorative Justice from the Perspective of Law and Ethics

Background: Creating the ground for peace and reconciliation through recourse to arbitration has been one of the common methods of litigation that is rooted in ethics. In the criminal justice system, judicial and police officials are the reference for investigation, inquiry and investigation. The sovereign and their representatives have the exclusive competence and no other person has the autho...

Customary Law Without Custom? Rules, Principles, and the Role of State Practice in International Norm Creation

An Evolutionary Contractarian View of Primitive Law: The Institutions and Incentives Arising Under Customary Indian Law

The European conquest and absorption of native American Indian groups obviously produced tremendous changes in the way Indians live and interact with one another. One very important source of change in Indian life was the changes in the rules and institutions of Indian law. Few Indian groups had any sort of strong central legal authority before Europeans began to exert various types of influenc...

ارزیابی دفاع مشروع پیشگیرانه علیه تروریسم

Abstract Scholars rightly believe that prohibiting the threat to or use of force is the most important achievement of the UN charter. Eventhough Article 51 offers an exception in this regard, the letters and substance of this article are clear about an ‘armed attack’ as a precondition to trigger the right to self-defense. Beside this legal fact, a Preemptive use of force against an imminent ...

Development of the concept of “Environmental Damage” in International environmental law

Evolution of the concept of “environmental damages” is one of the aspects of development in international environmental law. In fact, after increasing global environmental problems and lack of efficiency in international environmental law to prevent the damage, unifying the concept of “environmental damage” in the law is being considered as a solution for this matter. Moreover, development of i...