نوع مقاله : علمی- پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق بین‌الملل عمومی، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبایی، تهران، ایران.
2 استادیار، گروه حقوق بین‌الملل، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبایی، تهران، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Interpretation as a mental act used to understand the meaning and concept of a text has long been important for understanding religious and legal texts. However, there is still disagreement among experts about the limits and scope of this legal entity. During the seventeenth century, many jurists have tried to define the framework, limits and limits of interpretation. one of the most important points in interpreting the role of time in recognizing and meaning words. It has long been thought that in order to respect the will of a text, phrases and words must be considered in the sense of the time they were written. However, dynamic or transformational interpretation is an approach that tries to consider the role of time as an important element in interpretation. In other words, words should be interpreted in terms of changing the meaning of words over time. This approach has been particularly important in jurisprudence over the past few decades, and the International Court of Justice, as a world court, has explicitly recognized that words and phrases as living beings can evolve throughout history. This study, with a historical look at the concept of interpretation in international law in several centuries of its life and considering the evolution of jurisprudence in the last century, specifically examines the practice of the International Court of Justice in the category of interpretation in the twentieth century and the beginning of the third millennium. have given. In this context, the jurisprudence of the International Court of Justice has been evaluated in the light of the hypothesis that the Court, in the light of developments in the international community, has considered principles that interpret treaties in the current context, principles that play the role of "time". are taken into account in recognizing the meaning of words.
کلیدواژه‌ها [English]
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