Document Type : Original Article from Result of Thesis
Authors
1
PhD, of Public International Law Dep.,, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2
Assistant Prof, Department of public and International law, Faculty of Divinity, Political Science and Law, Science And Research Branch, Islamic Azad University, Tehran, Iran.
3
Assistant Prof, Department of public and International law, College of Law and Political Science, Chaloos Branch, Islamic Azad University, Chaloos, Iran
Abstract
In the conventions and resolutions of international organizations that deal with international transportation rights, active subjects play a lesser role in enforcing the regulations they have enacted. Governments and international organizations have adopted these regulations in line with the needs of the transportation community and are working to streamline and integrate them. These regulations are complemented by transnational customs, which form treaties and resolutions without any noticeable change. In this article, our main question is how the transnational customs of passive subjects complement the conventions laid down by active subjects. We examined the legal aspects of the non-compliance of transnational customs with the conventions and resolutions of transportation, as well as their effect on the interpretation and guarantee of the implementation of transport treaties, in a descriptive and analytical manner, and conclude that the extent to which a treaty or resolution is enforceable allows for the formation of a later or secondary custom, the formation of a later custom is inevitable, and will play a positive role in fulfilling responsibility and will guarantee.
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