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The Method of Recognizing International Law

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DOI: 10.4236/ojps.2018.82012    511 Downloads   1,341 Views

ABSTRACT

The United Nations, as the central core, coordinates the steps taken to establish international peace and security and to develop friendly relations between countries, based on the principle of equality of rights and autonomy of nations, and achieve international cooperation in the sphere of economic, social and cultural affairs and encourage governments to respect human rights and fundamental freedoms. Hence, all countries should, with respect to membership in the organization, act in accordance with the obligations under the Charter and resolve all their international disputes through peaceful means, based on the principles of justice and international law. However, there are two methods for recognizing international law: the method of social cognition and rational method. The social recognition method of the international system is to abandon theoretical insights of international law and address existing facts and to extract the patient and accurate historical and social data that constitute the living material or the substance of the legal rule. The method of the logical recognition of the principles and rules of international law is to explain the nature and method of legal argument that has a significant impact on the proper understanding of the legal rules and the recognition and analysis of international law and finally the introduction of a system governing international relations. Using the first method, the international community is described first. Then, its life is studied in motion (inductive method); as using the second method, the accuracy and inaccuracy of those cases and judgments are evaluated, which are the introduction of other judgments (deductive method). These two methods, that is, the objective observation of events and logical reasoning, if coordinated, will pave the way for the analysis of the international system and explain its characteristics, and international law will be in its place.

Cite this paper

Azadikalkoshki, A. and Hosseinabadi, M. (2018) The Method of Recognizing International Law. Open Journal of Political Science, 8, 152-162. doi: 10.4236/ojps.2018.82012.

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