General principles of the law of nations and its relationship with domestic law مقاله

خلاصه ماشینی:

The author will attempt, by briefly referring to these theories and considering the latest opinions of legal scholars, to clarify the position and relationship of international law relative to domestic law in general, and in conclusion, to recall comparative points with the help of the principles and legal regulations of our own country. 2-The author, without intending to negate or prove any of the above hypotheses, believes that this common and single value, which according to the theory of (Monism) causes the unity of these two branches of legal science, cannot result solely from the will of states nor exclusively from international law; rather, it must pursue a more original principle and a higher source so that the root of the will of states and all international law can be found in it. As an example, it is worth noting that the Constitution of the German Reich of 1871 did not essentially provide any regulations in this regard, whereas Article 4 of the Weimar Constitution (1919) stipulated that: "The general principles and laws of international law that have gained universal recognition are considered an integral part of domestic law. In addition to this, Article 25 considers the aforementioned principles as the direct source of rights and duties for citizens and accepts their precedence and advantage over domestic laws; furthermore, contrary to classical international law, it accepts that not only states but also individuals can, in specific cases, become subjects of international law.