Teachings of the Prominent International Lawyers

Ranjbarian, Amri Hosein; Kamalinejad, Hassan

doi:10.22059/jcl.2014.36312

Teachings of the Prominent International Lawyers

Document Type : Research Paper

Authors

¹ Assistant Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

² LLM in International Law, Faculty of Law and Political Science, University of Tehran; Tehran, Iran

10.22059/jcl.2014.36312

Abstract

Due to the change in attitudes, the traditional position the teachings (doctrines) of international jurists occupied in the early centuries following the birth of modern international law descended from primary source to secondary one, and seemingly, in the first half of the 21^stcentury, the jurisprudence of international courts paid little attention to them. But with the emergence of international courts over the recent decades, their case law saw a major change and nowadays many courts, while differentiating de lege lata from de lege ferenda, are no longer cautious about citing the scholarly works of the prominent jurists. Besides, the fact that there is rare, explicit reference to the legal works by some courts, especially the ICJ, does not mean they do not resort to the legal writings, and their judgments and awards are strongly based on them. The other function of the noted publicists' doctrines is to bring the spirit of development and in some cases, formative influence into the international legal system.

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