The role of hermeneutics in interpreting the rules of international law

Articles in Press

Document Type : Original Article

Authors

1 Associate Prof, Department of International Law, Faculty of Law, University of Qom, Qom, Iran.

2 Ph.D. Student in International Law, Department of International Law, Faculty of Law, University of Qom, Qom, Iran .

10.48300/jlr.2024.440468.2563

Abstract

One of the characteristics of the legal rules that are the basis of the international system is that they are compiled in a general way. This general feature creates major and continuous problems in the implementation of the rule. It is possible that the functioning of the legal rule in solving the problems of the international system may face problems. For the legal rule to apply to concrete external events in each specific case, a supplementary task is necessary. That supplementary task is to specify the meaning of the rule, apply it to specific cases, and search for the external meaning of that rule and only It is in this way that the ambiguity, brevity, and defects of the law are removed and determination is assigned for specific and detailed cases; otherwise, the international community will face a non-liquet. The search for the external meaning of the rule is known by terms such as interpretation and legal hermeneutics. The current research, written in a descriptive-analytical way and using a library study, tries to examine the role of hermeneutics in the interpretation of international law rules. The results of the research show that by adopting a hermeneutic method based on modern hermeneutic propositions, it is possible to solve the ambiguity and conflict in the interpretation of the rules of international law.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 15 April 2024

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