Please use this identifier to cite or link to this item:
Title: The sui generis of nuclear fatwa under customary international law
Other Titles: Особый характер ядерной фетвы в соответствии с обычным международным правом
Authors: Seyvanizad, Ja.
Keywords: nuclear fatwa
customary international law
law of treaties
Issue Date: 2017
Publisher: Publishing House V.Ема
Citation: Seyvanizad, Ja. The sui generis of nuclear fatwa under customary international law / Ja. Seyvanizad // BRICS Law Journal / chief editor D. Maleshin; deputy chief editor S. Marochkin; executive editor E. Gladun. – 2017. – Vol. 4, No. 2. – P. 95-134.
Abstract: Due to the fluctuating nature of the Customary International Law, emerging customs have had good potential to appear in several forms during the past decade. In other words, there are various legal mechanisms indicating the genesis of CIL. One of these forms is the internationally known unilateral act of State which can be potentially recognized as a customary rule. The best example of a unilateral act of State would be Truman Proclamation which was transformed into a customary international rule concerning law of seas. With regards to the same legal framework and acts like Truman Proclamation, this research tries to answer the question that how the sui generis of fatwa in a custom-construction process concerning international law of WMD and through the modernized methodology can contribute. Illustrating the superiority of fatwa over the sui generis treaties on one hand and restricting mechanisms like NPT on the other, it can be indicated that the first steps concerning the genesis of a new customary approach in the field of international law of WMD has been derived from nuclear fatwa.
ISSN: 2412-2343
Source: BRICS Law Journal. – 2017. – T. 4, Vol. 2
Appears in Collections:BRICS Law Journal

Files in This Item:
File Description SizeFormat 
100-180-1-SM.pdfnull266.72 kBAdobe PDFView/Open

Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.