Document Type : Research Paper
Authors
1 Associate Professor, Department of Criminal Law and Criminology, Mazandaran University, Babolsar, Iran
2 PhD student in Criminal Law and Criminology, Mazandaran University, Babolsar, Iran
Abstract
The expansion of international protection of human rights norms and the birth of new forms of crime have led to profound changes in various areas of Criminal law. Regulation and ratification of international documents with the aim of eliminating the legal vacuums and promoting harmonization in the national criminal law systems and in order to create and promote effective criminal responses to such crimes has replaced the classical Criminal law mechanisms. But, the actions of some states in absorbing and integrating the acts determined in international documents have not been in line with the purposes of these documents in the global confrontation with the violation of international norms.
Using descriptive and analytical method, this study seeks to investigate the obstacles to this alignment in both political and legal fields. The findings show that the structural changes of the UN in promoting the decisive role of states, increasing convergence at the regional level consequently increasing the influence of policy-making in the international arena, the flexibility of national criminal law systems with the international documents and the maximum use of reservation right will be effective in increasing alignment in the agreed areas and reducing the complexities arising from these obstacles.
Keywords
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