"Adl va Ensaf" Comparative Law Researches Quarterly

The impact of modern natural law theory on international legal obligations

Document Type : Original Article

Authors

1 Graduate of university of Tehran

2 Faculty board of Azad university

10.22034/aeclr.2023.368423.1105
Abstract
It is highly believed that International law is a product of natural law theory . The modern school of natural law, in its return to overcome international legal positivism, is based on the fact that with its effectiveness in the moral dimension of obligations, it has led to the adherence of states as subordinates and exclusive subjects of international law to their obligations, and the states It has brought state-countries closer to global and shared responsibility in international obligations such as general obligations. In this article, the approach of modern new natural law regarding the international obligation for the subordinates of the international law system has been analyzed and the achievement is important from this point of view. Because the revival of the principles of natural rights in the current order of the international law system has compensated for the lack of ethics in international positivism and has created special flexibility, especially in the general obligations of main subjects of international law which are only states.

Keywords