Assistant Professor of international law, Department of Law, Islamic Azad University, North Tehran
Abstract
In recent decades, deep considerations toward human rights issue in the interpretation and implementation of international law rules is a completely novel approach being visible in various fields, including the determination of territory boundaries. Although this aforementioned approach is generally considered by states when determining their territory boundaries; in the judicial procedure of the International Court of Justice, the principle of uti possidetis and effective dominion is transparently clarified during the judicial interpretation of the boundary treaties. Although the mentioned court does not consider the human rights as the factor determining the boundaries; But by advising the parties to the dispute on the need to respect the rights and interests of the boundary dwellers, encourages them to high reconsider it. The action of states toward such recommendations depicts their opinion juris; Moreover, those who do not act are tending to justify their action including a legal concern in such case.