The unilateralism of the United States of America and the weakening of international law; With a look at its effects on the Islamic Republic of Iran

Hajiyoosefipoor, Mahmood; Jalalian, Asgar; Alkajbaf, Hossein

The unilateralism of the United States of America and the weakening of international law; With a look at its effects on the Islamic Republic of Iran

Document Type : Original Article

Authors

mahmood hajiyoosefipoor ¹

asgar jalalian ²

hossein alkajbaf

¹ PhD Student, Public International Law, Payame Noor University, Tehran, Iran.

² Associate Professor, International Law, Payam Noor University, South Tehran Branch, Tehran, Iran.

Abstract

Great powers in the field of the international system have many capabilities in various fields, which has placed them in a privileged position to operate in various international fields, especially international law. In the modern era, which includes the period after 1945, great powers, especially the United States of America as the hegemon, in the field of the international system, in addition to the development of traditional international law, in many cases have shaped new legal rules. In addition to the cooperation and competition of great powers, their unilateralism can also have many effects on international law. The purpose of the current research is to investigate the results and consequences of the unilateralism of the United States on international law. In this sense, the question is: What effect has American unilateralism had on the change and evolution of international law? In the following, the hypothesis is proposed that Considering the high capacity and ability of hegemony in the field of international relations, in the field of international law, although the unilateralist performance of this country can lead to the creation of international custom in some cases, but in practice, it has brought about changes in line with America's interests and the functional weakness of international law. The current research has investigated the unilateralism of the United States in the field of international law in three areas: creation of international custom, cross-border consequences of domestic law, and interpretation of international law rules using the process tracing method. Based on this, by determining the time period from the era of George W. Bush onwards, the evidence necessary to show the unilateralism of the United States is collected and its impact on international law is stated.

Keywords

International Law

Unilateralism

United States of America

Neorealism

Process tracking

Subjects

Topics related to the Islamic Revolution

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