قاعدة الاعتراض الدائم على القاعدة الدولية العرفية

الملخص EN

In the context of contemporary international developments in customary international law, a fundamental issue has emerged to the reality of international interaction, which has been strongly raised within the framework of the international legal system, after the International Court of Justice addressed many cases in which it recognized the right of the state to exclude the application of the customary international rule because it objected to it at its inception and continued to Not recognizing it.

This matter encouraged a part of international jurisprudence to deal with this issue with great interest and to defend what was termed the “permanent objection rule.

” The rule, knowledge of its concept, legal implications, and the most prominent international applications of it within the framework of the judiciary of the International Court of Justice.

Hence our study came to find out the legal framework for dealing with the objection to the application of the customary international rule and the essential conditions that must be verified for the purpose of the work of this rule and the extent of the benefit achieved from it and what are the negative effects arising from it for the purpose of formulating clear and specific ideas about it in a legal perspective based on objective premises dealing with the idea of the international obligation arising from the customary rule and the possibilities of excluding its effects in some cases or some areas according to clear determinants