Document Type : Article

Authors

• Mohammad Teimouri ¹
• Seyed Hesamoddin Lesani ²

¹ Ph.D. Candidate in International Law, Department of International Law, Qom Branch, Islamic Azad University, Qom, Iran

² Hazrate-h Masoumeh University

Abstract

Much of the quantitative and descriptive methodology of classical international law is composed of analogy, which can be divided into four main categories: abduction, deduction, induction and Sui generis. The classical doctrine of international law has applied analogy through the first three categories and with the fragmentation phenomenon advent, Sui generic has become an analogy channel and has even changed the classical methodology. As a result of these developments and challenges in classical international law presumptions, other important areas such as treaty law, the position of the courts in legal hierarchy, the sources of international law, and new normative interpretations in areas such as human rights, diplomatic law, sea law and Environmental law as well as commercial law have been affected.

Keywords

• International Law Fragmentation
• Human Rights
• Tribunal
• Methodology
• Self-Contained Regime

Main Subjects

• International Human Rights Law