The place and role of the International Court of Justice within the framework of international law in terms of the naturalists and positivists

Seyed vahid Mosavi fard¹ Mohammad reza Niknam²

1) Tehran University Kish International Campus,
2) Damghan Islamic Azad University,

IOI Code : XYCH-AECGA
Publication : 3rd International conference on Management , Economics and Humanities(icmeh.org)
Abstract :
    International Court of Justice in the context of positivist gone most of the time but sometimes enter the field of human rights and international legislator has introduced itself as International legislator.Review opinions issued by the Court suggests that judges in some cases, their arguments based on natural law or basic human considerations .Some of the judges of court contained natural rights such as the right to life , the right to equality, self-determination, the right to property and the right to work.With the expansion and increased attention to human rights, the Court goes to the natural law, and in some cases their ballots like traction Barcelona (1970) and Corfu Channel (1949) refers to the universal of human rights law Even without the express consent are binding for all states. However, in the judgments of the Court have expressed their desire to have natural rights But in practice what has been agreed by countries knows evaluation of countries obligations.

Keywords : international court of justice human rights law natural law positivist doctrine consent of states