The Analysis of Conformity of Proliferation Security Initiative Rules with International Law

The present article, the analytical research conducted in an analytical-descriptive manner, seeks to answer the question of Conformity of The Proliferation Security Initiative (PSI) with the Treaty law and customary international law. As one of the most important restrictive arrangements for the rig...

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Main Author: Mehdi Hatami
Format: Article
Language:fas
Published: Institute for Humanities and Cultural Studies (IHCS) 2021-01-01
Series:پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی
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Online Access:https://criticalstudy.ihcs.ac.ir/article_6004_81869c1d99bbfe51bbe6bf205d9eb2dc.pdf
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author Mehdi Hatami
author_facet Mehdi Hatami
author_sort Mehdi Hatami
collection DOAJ
description The present article, the analytical research conducted in an analytical-descriptive manner, seeks to answer the question of Conformity of The Proliferation Security Initiative (PSI) with the Treaty law and customary international law. As one of the most important restrictive arrangements for the rights of developing countries in the field of advanced technologies, critics of the PSI believe that the intention of the members of the PSI to seize ships in the high sea and territorial waters violates the principle of freedom of the high seas and the right of innocent passage in territorial waters. In addition, the practices conducted in the framework of this initiative violate the right to self-defense and Security Council resolutions such as 1718 and 1540. On the other hand, the nature and manner of joining the initial operations and statistics about the success of its operations are vague and distorted. The finding of this article is that regardless of the justifications and support formed by this initiative, such an arrangement cannot be considered in conformity with treaty law and customary international law as well as the Security Council resolutions. The Proliferation Security Initiative is an illegal arrangement worthy of persistent objection, non-recognition and tries to prevent it from becoming the customary rule of international law.
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publisher Institute for Humanities and Cultural Studies (IHCS)
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series پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی
spelling doaj-art-0591111705534fdaa7ebbddcb13ebf592025-01-08T05:46:24ZfasInstitute for Humanities and Cultural Studies (IHCS)پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی2383-16502021-01-01201111914110.30465/crtls.2021.60046004The Analysis of Conformity of Proliferation Security Initiative Rules with International LawMehdi Hatami0PhD of Public International Law, Assistant Professor, University of Kurdistan, Sanandaj, IranThe present article, the analytical research conducted in an analytical-descriptive manner, seeks to answer the question of Conformity of The Proliferation Security Initiative (PSI) with the Treaty law and customary international law. As one of the most important restrictive arrangements for the rights of developing countries in the field of advanced technologies, critics of the PSI believe that the intention of the members of the PSI to seize ships in the high sea and territorial waters violates the principle of freedom of the high seas and the right of innocent passage in territorial waters. In addition, the practices conducted in the framework of this initiative violate the right to self-defense and Security Council resolutions such as 1718 and 1540. On the other hand, the nature and manner of joining the initial operations and statistics about the success of its operations are vague and distorted. The finding of this article is that regardless of the justifications and support formed by this initiative, such an arrangement cannot be considered in conformity with treaty law and customary international law as well as the Security Council resolutions. The Proliferation Security Initiative is an illegal arrangement worthy of persistent objection, non-recognition and tries to prevent it from becoming the customary rule of international law.https://criticalstudy.ihcs.ac.ir/article_6004_81869c1d99bbfe51bbe6bf205d9eb2dc.pdfsecurity councilself-defenseproliferation security initiativeconvention 1982
spellingShingle Mehdi Hatami
The Analysis of Conformity of Proliferation Security Initiative Rules with International Law
پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی
security council
self-defense
proliferation security initiative
convention 1982
title The Analysis of Conformity of Proliferation Security Initiative Rules with International Law
title_full The Analysis of Conformity of Proliferation Security Initiative Rules with International Law
title_fullStr The Analysis of Conformity of Proliferation Security Initiative Rules with International Law
title_full_unstemmed The Analysis of Conformity of Proliferation Security Initiative Rules with International Law
title_short The Analysis of Conformity of Proliferation Security Initiative Rules with International Law
title_sort analysis of conformity of proliferation security initiative rules with international law
topic security council
self-defense
proliferation security initiative
convention 1982
url https://criticalstudy.ihcs.ac.ir/article_6004_81869c1d99bbfe51bbe6bf205d9eb2dc.pdf
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