Nature and Sources of International Law - Hierarchy of Norms in International Law
3 important questions on Nature and Sources of International Law - Hierarchy of Norms in International Law
The consent-based view of international law, moreover, contains few general principles to resolve a conflict that might arise between competing rules contained in a primary source. Two conflict resolution principles are?
That later norms may supersede earlier norms (lex posterior derogate priori) and that a special (specific) rule may prevail over a general rule (lex specialis derogat legi generali), only address conflict between equivalent norms of law; they do not recognize that some rules may enjoy a higher status than others.
There are two aspects of peremptory norms as outlined in Article 53 VCLT which?
First, new norms of jus cogens can come to modify or supersede existing norms of jus cogens, which suggests that they are not immutable—a hallmark of the natural law approach.
Second, to be regarded as jus cogens, a two-step process is required. It must be recognized by the international community of States as a whole, which suggests that it must be recognized by a large majority of States from all parts of the worlds.
Second, to be regarded as jus cogens, a two-step process is required. It must be recognized by the international community of States as a whole, which suggests that it must be recognized by a large majority of States from all parts of the worlds.
Various norms considered to have a peremptory character?
- Prohibition on aggressive uses of force. Art 2(4) UN Charter
- Prohibition on genocide, Genocide Convention
- War crimes and crimes against humanity. Art 8 (2) and 7 Rome Statute
- The prohibition against torture. Art 1 Convention against Torture.
- The prohibition against slavery and the slave trade art. 2 Slavery Convention.
- Systematic racial oppression, in particular apartheid.
- The right to self-determination
- Possible further candidates for jus cogens
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