نوع مقاله : علمی پژوهشی
1 دانشیار دانشکده حقوق دانشگاه مفید
2 کارشناسی ارشد حقوق بینالملل دانشگاه مفید
عنوان مقاله [English]
The International Court of Justice, by way of applying the law through the interpretation of the rules and regulations of the international community, has played a significant role in developing International Law that entails the concept of change and innovation. The main function of the Court is to settle legal disputes submitted to it by States. In this regard, the Court in some of its Judgments has resolved ambiguities in international law by applying dynamic interpretation to correspond the true intention of the parties and finally discovering their true intention with considering circumstances and requirements of the international community. By making a relationship between the International Court of Justice which is unable to make rules expressly, and the dynamic interpretation, that some believe it can make a rule, this paper tries to analyze how dynamic interpretation besides other effective mediums in this regard can determine and make clear the existing ambiguities and fill the gaps in International Law.
- Opinions of Judges