THE SUI GENERIS OF NUCLEAR FATWA UNDER CUSTOMARY INTERNATIONAL LA
Due to the fluctuating nature of the Customary International Law, emerging customs have had good potential to appear in several forms during the past decade. In other words, there are various legal mechanisms indicating the genesis of CIL. One of these forms is the internationally known unilateral a...
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| Format: | Article |
| Language: | English |
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Publshing House V.Ема
2017-07-01
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| Series: | BRICS Law Journal |
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| Online Access: | https://www.bricslawjournal.com/jour/article/view/100 |
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| author | Jaber Seyvanizad |
| author_facet | Jaber Seyvanizad |
| author_sort | Jaber Seyvanizad |
| collection | DOAJ |
| description | Due to the fluctuating nature of the Customary International Law, emerging customs have had good potential to appear in several forms during the past decade. In other words, there are various legal mechanisms indicating the genesis of CIL. One of these forms is the internationally known unilateral act of State which can be potentially recognized as a customary rule. The best example of a unilateral act of State would be Truman Proclamation which was transformed into a customary international rule concerning law of seas. With regards to the same legal framework and acts like Truman Proclamation, this research tries to answer the question that how the sui generis of fatwa in a custom-construction process concerning international law of WMD and through the modernized methodology can contribute. Illustrating the superiority of fatwa over the sui generis treaties on one hand and restricting mechanisms like NPT on the other, it can be indicated that the first steps concerning the genesis of a new customary approach in the field of international law of WMD has been derived from nuclear fatwa. |
| format | Article |
| id | doaj-art-9e70cd05cbb449059b391b1fc874b653 |
| institution | Kabale University |
| issn | 2409-9058 2412-2343 |
| language | English |
| publishDate | 2017-07-01 |
| publisher | Publshing House V.Ема |
| record_format | Article |
| series | BRICS Law Journal |
| spelling | doaj-art-9e70cd05cbb449059b391b1fc874b6532025-08-20T04:00:28ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432017-07-01429513410.21684/2412-2343-2017-4-2-95-13477THE SUI GENERIS OF NUCLEAR FATWA UNDER CUSTOMARY INTERNATIONAL LAJaber Seyvanizad0Public International Law, Islamic Azad UniversityDue to the fluctuating nature of the Customary International Law, emerging customs have had good potential to appear in several forms during the past decade. In other words, there are various legal mechanisms indicating the genesis of CIL. One of these forms is the internationally known unilateral act of State which can be potentially recognized as a customary rule. The best example of a unilateral act of State would be Truman Proclamation which was transformed into a customary international rule concerning law of seas. With regards to the same legal framework and acts like Truman Proclamation, this research tries to answer the question that how the sui generis of fatwa in a custom-construction process concerning international law of WMD and through the modernized methodology can contribute. Illustrating the superiority of fatwa over the sui generis treaties on one hand and restricting mechanisms like NPT on the other, it can be indicated that the first steps concerning the genesis of a new customary approach in the field of international law of WMD has been derived from nuclear fatwa.https://www.bricslawjournal.com/jour/article/view/100nuclear fatwacustomary international lawlaw of treatiesnptwmd |
| spellingShingle | Jaber Seyvanizad THE SUI GENERIS OF NUCLEAR FATWA UNDER CUSTOMARY INTERNATIONAL LA BRICS Law Journal nuclear fatwa customary international law law of treaties npt wmd |
| title | THE SUI GENERIS OF NUCLEAR FATWA UNDER CUSTOMARY INTERNATIONAL LA |
| title_full | THE SUI GENERIS OF NUCLEAR FATWA UNDER CUSTOMARY INTERNATIONAL LA |
| title_fullStr | THE SUI GENERIS OF NUCLEAR FATWA UNDER CUSTOMARY INTERNATIONAL LA |
| title_full_unstemmed | THE SUI GENERIS OF NUCLEAR FATWA UNDER CUSTOMARY INTERNATIONAL LA |
| title_short | THE SUI GENERIS OF NUCLEAR FATWA UNDER CUSTOMARY INTERNATIONAL LA |
| title_sort | sui generis of nuclear fatwa under customary international la |
| topic | nuclear fatwa customary international law law of treaties npt wmd |
| url | https://www.bricslawjournal.com/jour/article/view/100 |
| work_keys_str_mv | AT jaberseyvanizad thesuigenerisofnuclearfatwaundercustomaryinternationalla AT jaberseyvanizad suigenerisofnuclearfatwaundercustomaryinternationalla |