التمايز بين القواعد القانونية و قواعد الالتزام الدولية

Abstract EN

After we completed our study in (the distinction between legal rules and international compliance rules), we concluded the following: 1- There is a great debate among jurists and researchers regarding the problem of imparting the status of an international rule to the rules of commitment and legal rules at the international level, due to their common features in terms of obligation and social character in the international community, as their opinions are inconsistent about giving this characteristic to both.

And each has its justifications in this regard.

2- There is a side of jurisprudence that calls for the necessity of linking the international legal rule with the penalty in order to acquire the status of an international rule, while another side of it does not find this necessity a need, because according to their opinion, the legal rule and just because it organizes an international issue will acquire the status of an international rule , Even if it was not accompanied by the penalty.

3- We found that the legal value of the reserve resources of the international legal base, represented by the judicial rulings issued by international courts, is of great importance because they may rise to be a source for the emergence of the legal base or the rules of international compliance, as well as a source of distinction between them at other times.

4- We have noted that the role of the international judicial system through international courts of all kinds and degrees has greatly contributed to the interpretation and development of international legal rules, leading to showing the distinction between them and the international rules of compliance.

Through the foregoing, we suggest the following 1- Striving to approve the law on the responsibility of states for internationally wrongful acts, by recognizing the efforts and actions of the Committee for codifying international responsibility of the Sixth (Legal) Committee of the United Nations, and related to the draft of this law and the important results it has reached about it.

2-Seeking to establish a clear legal hierarchy of international legal rules based on their importance, and not only based on the amount of harm that would result from violating them.

With the clarification of the boundary between legal rules and international compliance rules, as this will help raise the state of confusion and the similarity between them among those interested in international legal affairs