Document Type : Article
Authors
1 Prof., Department of International Law, Law Faculty, Qom University, Qom, Iran
2 Ph.D., Department of International Law, Law Faculty, Qom University, Qom, Iran
Abstract
The concept of international public order is a fundamental and challenging notion within international law, characterized by conflicting perspectives regarding its definition. Two primary viewpoints have emerged: the rule-based and the value-based approaches. These perspectives highlight the complexity of defining international public order, which encompasses both legal and sociological dimensions, rather than being confined solely to legal principles or relative values. In this contribution, we aim to provide a definition of international public order within the framework of international law, taking into account the jurisprudence of the International Court of Justice (ICJ) and identifying the underlying principles governing this concept. Accordingly, the main research question is: on what basis or bases does the ICJ establish international public order? it has been concluded that international public order, as reflected in the Court's rulings, is grounded in two foundations: a state-centric perspective and a human-centric perspective. Consequently, the proposed definition of international public order refers to a state of stability characterized by sustainability and balanced relationships, which is established through adherence to imperative rules derived from human values and structural norms governing international community.
Keywords
- International Public Order
- International Court of Justice
- International Community
- order-building principles and Humanity
Main Subjects
English
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