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Determining hierarchy between conflicting treaties: are there vertical rules in the horizontal system? [PDF]
, 2012 Treaties are contractual instruments that may provide special rules of priority in case they conflict with other treaties. When a treaty does not provide such rules, however, priority is determined by the rules of the Vienna Convention on the Law of ...
BORGEN +6 more
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The Invalidity of International Treaties and Jus Cogens
Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza, 2021 The paper is an English translation of Nieważność umów międzynarodowych by Jan Sandorski, published originally in Polish in 1978. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review.
Jan Sandorski
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Vertentes do Direito, 2020 Trata-se a presente pesquisa de estudo de caso que advém do Parecer Consultivo 18/2003, pontuando-se sua atualidade e importância para o Brasil contemporâneo.
João José Turri Brufatto +1 more
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Jus Cogens Derogat Customary International Law: A Conflict that Never Was?
Mimbar HukumEvery scholar and learner of international law knows that jus cogens is the highest norm in the international legal order; therefore assume that “all other” sources of international law are supposed to become null and void if they contradict jus cogens ...
Fajri Muhammadin, Anis Muhammad Afla
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‘Here Be Dragons’: Mapping the Legal Contours of Jus Cogens in International Law
Groningen Journal of International LawThe purpose of this article is to demystify jus cogens rules by trying to map their legal contours. After defining jus cogens and providing a theoretical scaffolding drawn from elementary works on legal theory, the household jus cogens prohibition of ...
Francisco Lobo
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Why We Need Erga Omnes Character for Obligations to Combat Impunity for International Crimes?
Padjadjaran: Jurnal Ilmu Hukum, 2017 International law has recognized certain crimes as international crimes or the most serious crimes. However, it is arguable whether the prohibitions of international crimes that have reached the status of jus cogens carry with it the duty to combat ...
Diajeng Wulan Christianti
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A Fiduciary Theory of Jus Cogens [PDF]
, 2009 In international law, the term jus cogens (literally, compelling law ) refers to norms that command peremptory authority, superseding conflicting treaties and custom.
Criddle, Evan J., Fox-Decent, Evan
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Universal Jurisdiction: Law out of Context
The Modern Law Review, Volume 87, Issue 6, Page 1480-1518, November 2024.Universal jurisdiction enables the prosecution of international crimes by domestic courts in the absence of any nexus between the prosecuting state and the crime charged. While the temptation is for domestic judges to proceed with ‘business as usual’ in the conduct of such trials, difficulties in the practice of universal jurisdiction reflect the ...
Devika Hovell, Mara Malagodi
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Survey Article: The Legitimacy of International Courts*
, 2020 Journal of Political Philosophy, Volume 28, Issue 4, Page 476-499, December 2020.
Andreas Follesdal
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The right to freedom of religion
Annales Canonici, 2014 The brief analysis of the text of the main International and European juridical instruments, i.e. the Universal Declaration of Human Rights, the two International Covenants adopted in 1996, the European Convention on Human Rights, the Charter of Nice ...
Nicolae V. Dură
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