السوابق الدولية ووزنها – دراسة في القانون الدولي العام
DOI:
https://doi.org/10.61353/ma.0160213Keywords:
weight of international precedent, public international law, customary international law, frequencyAbstract
The issue of the weight of international precedents is one of the issues that occupies particular importance within the scope of international law in general and within the scope of customary international rule in particular, as international precedents, in their unilateral and convention forms, constitute the material pillar of customary international rule. The character of the country that issues the precedent and the type of international activity have a major impact on the fact that the international precedent may have greater weight than other similar precedents in terms of content, and the political and economic factor has a prominent contribution to the issue of extending national sovereignty over the continental shelf after the discovery of oil, natural gas and other resources on the bottom of the oceans and the interior of this bottom. This study attempts to address and analyze two applied examples and research the extent of the legitimacy of the international legal acts themselves that represented the first international precedents that other countries subsequently followed suit by issuing international acts similar in terms of content.
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