اندیشه‌های حقوق عمومی

The complex relationship between power and international law and its function in the service of domination or resistance is one of the fundamental issues in international relations and law theories. The aim of this research is to analyze this problematic relationship from the perspective of "Order Theory" and to introduce the conceptual distinction between "internationalized law" and "pure international law." The research method is descriptive-analytical and based on the conceptual framework of order theory. Accordingly, international law is a product of the intrinsic need for order in international relations, and its formation, continuity, and evolution occur through the dynamic interaction between power, fixed normative principles, and the agency of international actors; thus, it reflects the hegemony of rulers and the resistance of others. The findings show that "pure international law" is formed based on the consent and equality of actors in the international system and has gained validity and legitimacy relatively independently of the unilateral exercise of power by states. In contrast, "internationalized law" represents actions through institutional mechanisms that violate peremptory norms, universality, state consent, or equality. These concepts make it possible to distinguish between the legitimate exercise of power and its abuse by rulers, providing a criterion for assessing legal validity and a basis for challenging it.