الرافدین للحقوق (Sep 2021)
The legal nature and characteristics of the international legal base
Abstract
bstract Jurisprudence under international public law has not established a specific definition of international norm, which has led to the attack of the jurists of domestic law by addressing the existence of such rules at the international level in view of the lack of international will at the international level as well as the existence of sovereign States that are not governed by other sovereignty. The international community in its beginnings was based on the governing power of relations between States. These countries can resort to war to resolve any dispute raised and impose its point of view because of the lack of the international community of penal bodies that impose special sanctions against those who violate the rule of law. The international rule, according to their point of view, leads to the absence of the status of the legal basis, and that the rule of customs and traditions is the framework of international relations, but it does not live up to the legal rules. Although the above-mentioned jurisprudence has now been abandoned internationally, some jurisprudence is still influenced by it. It is conceived that the rules of international law are not characterized by structural strength, whether formal or objective, but weak rules that have an ethical character. Or to be humiliated, international legal norms must have the force of collective coercion, which is an essential condition for the existence, application and guarantee of the law. The idea of law must be distinguished as abstract and the "legal system" in terms of rules of application. Truth Medicine Fixed consciousness every time and place as meaning in the conscience of the community, but the law as bases, it is the provisions that address international law and regulate their activities, rules of law represents a practical response to the idea of the law applied and drafting him as it represents the provisions settled by members of the community and recognized it as an obligation. The term "legal rule" has been used by international jurisprudence to denote all of the rules of social law that are binding on the international legal system, whether they are characterized by abstraction or generalization or focused on a specific situation that does not concern other than specific persons. Thus , not distinguishing between the general rule of law And abstraction between the "obligation" which is lacking in generality and the exclusion of binding social rules of conduct, distinguishing between international rules that are general in general and international law in general, and between international rules lacking in the generality of application, what is known as international relative law. The rule of law and obligation are a common feature of the rule of law and the social character. What distinguishes them is the generalization of the rule, the abstraction of the rule of law, the absence of the international obligation of this generality and its limitation to the parties to the obligation only
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