Chapter II. Jus Cogens, Obligations Erga Omnes and Other Rules - the Identification of Fundamental Norms

Kadelbach, Stefan

doi:10.1163/ej.9789004149816.i-472.10

Cited by 71 publications

(6 citation statements)

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“…According to article 53 of the Vienna Convention, peremptory norms have a number of legal consequences (Stefan Kadelbach, 2006), which are: peremptory norms do not accept any exception even if it is unanimous; any reservations to provisions relating to peremptory norms are inadmissible; and any unilateral act leading to breach or violation of a peremptory norm may not be taken.…”

Section: Unilateralmentioning

confidence: 99%

Unilateral acts and peremptory norms (Jus Cogens) in the international law commission’s work

Menshawy¹

2019

REPS

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Purpose This paper aims to explore the evolution of the notion of peremptory norms (Jus Cogens) in international law through the work of the International Law Commission on unilateral acts. Design/methodology/approach The study depended on analyzing the work of the International Law Commission on two topics: Unilateral Acts 2006 and Reservations to treaties 2011 to reveal the relation between jus cogens and unilateral acts. Findings Jus cogens restrict unilateral acts like treaties due to the recognition of the importance and necessity of the concept of Jus cogens in protecting the fundamental interests of the international community. Practical implications States must be compatible with jus cogens when making any reservation on a treaty and also when taking any unilateral act. Originality/value This paper reveals the importance of jus cogens in promoting the values of the international community and the need of such notion to protect the common interest of that community.

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Section: Unilateralmentioning

confidence: 99%

Unilateral acts and peremptory norms (Jus Cogens) in the international law commission’s work

Menshawy¹

2019

REPS

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“…The superior status of certain norms becomes even more evident when related to the obligations (beyond treaty making) that belong to them. All peremptory norms are said to have erga omnes effects (Bassiouni 1996;Kadelbach 2006;De Wet 2013). That is, they contain obligations that are owed towards the international community as a whole, as distinct from obligations states owe towards individual members by way of treaty.…”

Section: Jus Cogens International Law: Conceptual Foundations and Thementioning

confidence: 99%

Peremptory law, global order, and the normative boundaries of a pluralistic world

Schmidt

2016

Int. Theory

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This article develops a socio-legal approach to theorizing the construction of peremptory norms in international relations. It argues that due to its focus on formalism and abstract notions of rights, traditional legal treatments have failed to acknowledge the socially constructed nature of higher order norms. To address this shortcoming, the article transfers the concept of jus cogens into the realm of International Relations. Drawing on insights from constructivism and English School theory, it situates law in the context of society and conceptualizes jus cogens as part of international society’s constitutional structure. Proceeding from the assumption that the content and identity of jus cogens depends on the normative character of international society, the article then assesses two possible ‘normative logics’ through which the peremptory status of a norm may be generated. It rejects a solidarist logic, which sees universal norms as the manifestation of cosmopolitan ideas about inalienable rights. Instead, it argues for a pluralist approach to ethics and order that depicts jus cogens as key to the development of international society towards a social site marked by diversity and respect for difference.

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“…In fact, the League of Nations attempted to create an international criminal court to try terrorist attacks as far back as in the 1930s. 24 However, these attempts failed and now terrorism per se is not a listed crime under the subject matter jurisdiction of any international court or ad hoc tribunal. 25 This section first spells out why a definition of terrorism is necessary for international criminalization, then it explains what the benefits of such criminalization are, and then argues with the claims that terrorism does not need to be separately criminalized as terrorist acts could allegedly be qualified as war crimes or crimes against humanity.…”

Section: Nternati Onally Cri M I Nali Zi Ng Terrori Smmentioning

confidence: 99%

The Definition of Terrorism in International Law

2009

International Law and the Use of Force

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Chapter II. Jus Cogens, Obligations Erga Omnes and Other Rules - the Identification of Fundamental Norms

Cited by 71 publications

References 0 publications

Unilateral acts and peremptory norms (Jus Cogens) in the international law commission’s work

Unilateral acts and peremptory norms (Jus Cogens) in the international law commission’s work

Peremptory law, global order, and the normative boundaries of a pluralistic world

The Definition of Terrorism in International Law

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