نوع مقاله : علمی پژوهشی
1 استادیار دانشگاه آزاد اسلامی، واحد علوموتحقیقات تهران
2 نویسنده مسئول، کارشناسی ارشد حقوق بین الملل، دانشکده حقوق دانشگاه شهید بهشتی
عنوان مقاله [English]
Creating a balance between the stability and the passage of time is one of the most complex legal issues, the first of which is the symbol of the legal Certainty and the latter is the symbol of harmony with the requirements of time and social realities. Furthermore, one of the most significant issues of the international law of treaties (i.e. evolutive interpretation of international treaties) is directly related to this subject matter; the interpretation that on the one hand, considers the intention and the will of the parties to the treaty and on the other, realistically tries to harmonize this intention and the will with the created social changes since the conclusion of the treaty. Dispute regarding navigational and related rights case is one of the most recent precedents of the International Court of Justice wherein it has discussed the evolutive interpretation; the matter that has brought a variety of commentaries from the lawyers and the international tribunals. This paper intends to analyze the concept and the position of the evolutive interpretation in the light of the aforementioned case.
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