نوع مقاله : علمی پژوهشی
نویسنده
member of department of law- Faculty of Law and Political Sciences- university of mazandaran- babolsar-iran
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In the "Certain Iranian Assets" case, the International Court of Justice found an opportunity to assess the content of the Clean Hands Doctrine. The court clearly declared that the Clean Hands Doctrine cannot be regarded as part of customary international law or a general principle of law. This “case study”, by describing the Clean Hands Doctrine and elucidating its evolution in precedent and doctrine over time, has analyzed and examined the judgment of the court, including in light of the opinions of the judges of the court, and concluded that the court, by following its precedent (stare decisis), notably in the Jadhav case and affirming the International Law Commission approach in the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) and the Draft Articles on Diplomatic Protection, declared that the Clean Hardness isn’t an effective element in the admissibility of a claim, to prove a right, or to deny it. This judicial approach facilitates international adjudication, especially when states enter into proceedings with unclean hands and, in some cases, exempt disputing parties from proving their clean hands.
کلیدواژهها [English]
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