نوع مقاله : علمی پژوهشی
1 استادیار دانشکده حقوق دانشگاه تربیت مدرس
2 کارشناسی ارشد حقوق بینالملل، دانشگاه تربیت مدرس
عنوان مقاله [English]
It was difficult to understand how the acquired rights were formed until the new theory made it clear that the acquired rights are rights that are recognized by the legislation and acquired by the implementation of the citizens, and are validated by acceptance by the judicial authorities. According to this theory, acquired rights are valid not only in domestic and private international law but also in public international law. Looking at the law of the European Union, through the Lens of this theory, it is obvions that rights such as citizenship and the right of permanent residence are among the rights that have been formed in the Union as acquired rights, from which other acquired rights have also arisen. Therefore, in cases such as the Brexit it has been respected and their continuation has been supported. With the new understanding that is gained from the formation of acquired rights, more appropriate and precise arrangements could be considered in international negotiations to demand in cases such as the withdrawal of a state from a treaty.