The relationship of Martens clause & Human Ritghts in the system of contemporary international law

Although the structure and foundation of contemporary international law system, often based on the opinions and ideas of the schools of positivist and therefore the sovereignty of states is central to making the rules of international law, but it should not be forget that the existence and validity of human rights now often speak of it, is not risen from will of the states. Human Rights Today is a new version of the natural law yesterday. Apart from this, more and more influence of principles & opinions of natural law on the body's of contemporary international law system became more obvious manifestation whenever The traditional system of making rule could no longer meet the requirements and needs of the international community in all areas, So The Declaration "Martens clause" came to government approval. Thus we have witnessed new development in the field of construction and payments of the most important sources of international law: custom. An evolution in response to the needs of the day.