Public Law Studies Quarterly

Legal Certainty in International Law: Concept and Position

Document Type : Article

Authors

Seyed Fazlollah Mousavi 1
Seyyed Hossein Mousavifar 2

1 Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Ph.D. Candidate in Public International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

https://doi.org/10.22059/jplsq.2019.272964.1898
Abstract
Legal certainty is one of the important disciplines in a legal system. Although, the issue of legal certainty is supposed to be a society-specific issue, however, it is challenging and doubtful concept in international law. However, largely, challenges and criticisms in international law due to the existence of legal certainty are remarkable, this does not imply ignoring the legal certainty within the structural dimension of the system. The principal assumption of this article is assuming the international community and to prove the relative "legal certainty " inspired by it in substantive and structural dimensions. In this paper, we try to seek and explain the appropriate terms of legal certainty and then understanding it in international legal system, nature of subordinate and structures and international community as an important issue. In conclusion, it has been shown that UN Charter, Four Geneva Convention and Human rights instrument are indications of existence of legal certainty.

Keywords

Legal Certainty
Certainty of Rules
Structural Certainty
Relative Certainty of International Community
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B) Articles
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Public Law Studies Quarterly
Volume 51, Issue 2
Summer 2021
Summer 2021
Pages 661-673

  • Receive Date 02 January 2019
  • Revise Date 08 March 2019
  • Accept Date 23 June 2019

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