Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Analysis of the theoretical dimensions of the internationalization of fundamental rights

Document Type : research

Authors
1 Senior Expert in International Trade Law, Mime Branch, Islamic Azad University, Isfahan, Iran
2 Master of Public Law student, Shahid Ashrafi University of Isfahani, Isfahan, Iran.
3 PhD in Public Law, Isfahan Branch, University of Science and Research, Isfahan, Iran.
10.22034/ejs.2024.463188.1843
Abstract
Background and Aims: The internationalization of fundamental rights, in other words, the introduction of international laws into domestic laws, is an area that has not received much attention in the past. This practice has changed in recent years, because it is believed that the internationalization of laws is a key part of our understanding of the role that international law plays in shaping the behavior of states.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The inclusion of international law in the constitutions of states is a main component by which international law not only becomes binding for states, but can also change the public understanding of global norms and acceptable behaviors. The application of principle agreed by governments at the level of the international of proper and legal behavior at the domestic level. Just as domestic law is based on culturally relevant legal norms and institutions, international law must also be established to reach a necessary or mandatory level that is necessary to shape government action.
Conclusion: For internationalization to be successful, it is necessary to pay attention to the type of international law in question as well as the legal, political, social and cultural aspects of the states that may facilitate or slow down the internationalization process of the constitution.
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