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The History of International Law through Conceptual and Formal Changes in the State

Document Type : Research Paper

Author

Ansarian, Mojtabi, Department of Law, Faculty of Law and Social Sciences, Payam Noor University, Tehran, Iran M_Ansarian@pnu.ac.ir

10.22059/jhss.2025.394388.473800

Abstract

The writings produced following research and studies in the field of the history of international law are usually partial and isolated. If only the history of relations between countries or ultimately the extent of countries' adherence to international principles and rules and treaties concluded with other states were addressed. The research explored and examined in this regard the question of what conceptual changes the institution of the state has undergone in its historical process in international law. In fact, the purpose of the research is to explain and describe important and influential concepts and their role in historical developments in international law. As a result, the behavior of states in the international system and the history of international relations are not explained. Rather, we examine the historical process of developments in international law and its most important actor, the state, from a conceptual and formal perspective. In the discourse of international law, the state in its most primitive form had the characteristics of personalism and feudalism, but after the emergence of new concepts in public law resulting from the thinking and wisdom of lawyers, it reached statism and the creation of a nation of states. Then, after the emergence of new concepts and their experience in the process of international relations, interdependence entered. Mastering human rights and a humanistic approach to international law and analyzing the behavior and performance of states with human rights criteria is the latest stage in the state transition process.

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References
Ahmadi Nejad, Maryam & Motaji, Mohsen (2016). “The Historical Evolution of the Acceptance of Individual Personality in International Human Rights Law.” Public Law Thoughts, 5(2): 7–22 .[ In Persian].
Ansarian, Majnabi (2022). Environmental Law. 2nd Edition. Tehran: Payame Noor University Publications.[ In Persian].
Ansarian, Mojtaba & Tayebi, Sobhan (2017). The Establishment and Succession of States. Tehran: Majd Publications .[ In Persian].
Antuan Aldo, Louis (2018). Public International Law. Translator: Majid Adib. Tehran: Mizan Legal Foundation.[ In Persian].
Baghzadeh, Ebrahim (2023). International Law, Volume 1: Foundations, Sources, and Subjects. 2nd Edition. Tehran: Mizan Legal Foundation .[ In Persian].
Cassese, Antonio (2006). International Law. Translator: Hossein Sharifi Tarazkouhi. Tehran: Mizan Publications .[ In Persian].
Dixon, Martin (2017). International Law. Translators: Mehdi Zakerian, Hassan Saeed Kalahi. Tehran: Khorsandi Publications.
Falsafi, Hedayatollah (2012). The International Law of Treaties. 4th Edition. Tehran: Farhang-e Nashr-e No. [ In Persian].
Falsafi, Hedayatollah (2020). The Trajectory of Reason in the System of International Law. 2nd Edition. Tehran: Farhang-e Nashr-e No.[ In Persian].
Farzaneh, Yousef (2015). The Humanization of International Law. Tehran: Mizan Publications.[ In Persian].
Frost, S. E. (2013). Basic Teachings of the Great Philosophers. Translator: Manouchehr Shadravan. 6th Edition. Tehran: Golshan Publications.[ In Persian].
Hart, H. L. A. (2023). The Concept of Law. Translator: Mohammad Rasekh. 10th Edition. Tehran: Ney Publications.[ In Persian].
hudson, Hallie, (2013) “Returning Sovereignty to the People”, Vanderbilt Journal of Transnational Law, vol. 46, issue 97.
Leslie C. Green, (2000) The Contemporary Law of Armed Conflict, 2d ed. (Manchester: Manchester University Press, 2000), 21.
Nations High Commissioner for Human Rights,,
Ramezani Ghavamabadi, Mohammad Hossein (2016). “From the Recognition of the State of Palestine to Membership in the International Criminal Court.” State Studies Quarterly, 2(7): 1–39.[ In Persian].
Research Center & Chair of Human Rights, Peace and Democracy (2024). Encyclopedia of Human Rights (Volume One). Tehran: Mizan Publications.[ In Persian].
‌Saed. Vakil, Amir (2011). Public International Law (1 & 2), Volume Two. Tehran: Majd Scientific and Cultural Center .[ In Persian].
Seifi, Jamal & Rezadoost, Vahid (2022). “The ‘Foreign Legal Policy’ of States and its Relationship with the ‘Judicial Policy’ of the International Court of Justice.” Public Law Studies Journal, University of Tehran, 52(3): 1363–1389 .[ In Persian].
Suurya P. Subedi, (2003) The Concept in Hinduism of  Just War,  Journal of Conflict and Security Law 8(2), pp.339-361.
Tanaka K, 1966, South West Africa cases(Second Phase), Dissenting Opinion of Judge Tanaka, ICJ Reports.
The Confluence of Public and Private International Law Justice, Pluralism and Subsidiarity in the International Constitutional Ordering of Private, (2009) history of international law, Law Cambridge University Press, pp. 26 – 73.
Union, Inter-Parliamentary, (2016) Human Rights: Handbook for Parliamentarians, Office of the United
Wang, Xukang & Wu, Ying Cheng Wu., (2024). Balancing innovation and regulation in the age of generative artificial intelligence. Journal of InformationPolicy. Available at: https: // scholarlypublishingcollective. org/ psup /information policy/ article/ doi/ 10.5325/ jinfopoli. 14. 2024. 0012/ 388980/ Balancing-Innovation-and-Regulation-in-the-Age-of.2025-01-01.
Zamani, Ghasem & Talat, Armin (2020). “The Erosion of National Sovereignty in Contemporary International Law: From Authoritarian Sovereignty to Conditional Sovereignty.” International Law Journal, 16(62): 59–88. .[ In Persian].
Ziaei Bigdeli, Mohammad Reza (2022). Public International Law. 56th Edition. Tehran: Ganj-e Danesh Publications. .[ In Persian].
Zolain, Parviz (2005). Foundations of Public International Law. 4th Edition. Tehran: Ministry of Foreign Affairs. .[ In Persian].
Historical Sciences Studies
Volume 17, Issue 1 - Serial Number 40
August 2025
Pages 35-57
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