Results 231 to 240 of about 598,403 (282)

The Identification of Peremptory Norms

2008
AbstractThis chapter examines the criteria of identifying jus cogens, in particular whether structural or substantive method should be preferred, and also the moral basis of jus cogens. Particular jus cogens norms are then examined in the field of jus ad bellum, right to self-determination, human rights, humanitarian law, and environmental law.
Alexander Orakhelashvili
exaly   +2 more sources

Peremptory Norms and State Immunity

2008
AbstractThis chapter deals with the impact of jus cogens on State immunity. It begins by examining the scope of State immunity, then addresses sources of law to establish whether State immunity is really accepted in international law as a norm or principle. The immediate impact and primacy of jus cogens over immunities is considered. The chapter covers
Alexander Orakhelashvili
exaly   +2 more sources

Peremptory Norms and Persistent Objection

, 2016
Abstract This chapter opens the third part of this book. The text here turns to the limitations and role of the persistent objector rule. This chapter begins by examining the commonly advanced contention that the ‘escape hatch’ provided by the persistent objector rule cannot be ‘opened’ in relation to jus cogens norms.
Green James A
openaire   +2 more sources

Distinctive Characteristics of Peremptory Norms

2008
AbstractThis chapter focuses on distinctive characteristics of peremptory norms, in particular on its absolute character, non-derogability, and the effect-oriented profile.
Alexander Orakhelashvili
exaly   +2 more sources

Sources and Modification of Peremptory Norms

2008
AbstractThis chapter examines the sources of peremptory norms, and examines which of them can be proper sources of jus cogens. It considers the modification of peremptory norms in terms of the requirements of Article 53 of the Vienna Convention on the Law of Treaties.
Alexander Orakhelashvili
exaly   +2 more sources

Peremptory Norms and the Validity of the Actions of States

2008
AbstractThis chapter deals with the validity of acts and actions of States — that is non-treaty acts in the broadest sense — in the ways they come into collision with jus cogens. The analysis begins with the general aspects of validity of State acts and actions, in doctrinal and practical perspectives.
Alexander Orakhelashvili
exaly   +2 more sources

Legal Consequences of Peremptory Norms in International Law

, 2017
When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory.
Costelloe, Daniel,, Daniel Costelloe
openaire   +2 more sources

Peremptory Norms as International Public Order

2008
AbstractThis chapter focuses on the origins of the notion of jus cogens (public order/public policy) and examines its fundamental characteristics by reference to different national legal systems. It then examines the necessity of jus cogens in international law and some doctrinal objections to it.
Alexander Orakhelashvili
exaly   +2 more sources

Peremptory Norms and the Allocation of Jurisdiction to States

2008
AbstractThis chapter focuses on universal criminal jurisdiction and duty to prosecute serious international crimes as incidences of jus cogens, and expands on the available evidence. Universal civil jurisdiction is examined in the context of the 1984 Torture Convention and judicial practice.
Alexander Orakhelashvili
exaly   +2 more sources

The International Law Commission’s Draft Conclusions on Peremptory Norms of General International Law (Jus Cogens): Making Wine From Water or More Water Than Wine [PDF]

Nordic Journal of International Law, 2020
In the summer of 2019, the UN International Law Commission adopted a set of Draft Conclusions on Peremptory Norms of General International Law (jus cogens) on first reading.
Tladi, Dire
exaly   +2 more sources