Rule-Making in International Law in the Post-State-Centric Era

Abstract

The present study was conducted to examine the position of rule-making in international law in the post-state-centric era, and it was carried out through the study of documentary and library sources. All legal systems have mechanisms for enacting rules; however, this issue faces challenges in the international legal system. This is because, in international law, there is no written law that explicitly defines rule-making powers, nor is there a legislative body that can impose international rules on states without their consent. Rule-making in international law had long been carried out through treaties and customary law—although today, one cannot deny the significant role of these two legal sources. In addition, judicial interpretations also play a remarkable role in the growth and development of international law. In the post-state-centric era, considering the developments of the international community, merely declaring rights by the most important international judicial body overlooks the potential effects that it can have in addressing gaps or the absence of rules and, when necessary, in amending existing rules and introducing new concepts. By recognizing such a role for the Court as an institution that seeks to discover and clarify rules through its interpretations, the further development of international law can be facilitated.