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

Menshawy, Ibrahim Sief Abdel Hameed

doi:10.1108/reps-11-2018-0030

Cited by 2 publications

(2 citation statements)

References 18 publications

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“…This put them on the same pedestal as that state. Moreover, they have accepted the rules of jus cogens and customary international law as binding upon them (Menshawy, 2020). Considering the multifaceted role played by IO in contemporary times, there is a need to flag that they have distinct legal personalities having powers and functions just like states, and the most important function of any legal entity is to fulfil their duties, failing which they attract responsibility (Reisman, 1986).…”

Section: Independent Legal Identity Of International Organisationsmentioning

confidence: 99%

Examining the complexities of binding international law on international organisations

Mathur,

Agarwal

2024

IJLMA

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Purpose This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal obligations akin to states to the extent which could be fulfilled by them. This paper suggests making IOs parties to international treaties like the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic Social and Cultural Rights (ICESCR) and Geneva Convention 1949 to codify their international responsibilities. In addition, it proposes amending multilateral treaties to grant IOs membership and create binding legal obligations for them, thereby enhancing the overall legal framework for IOs. Design/methodology/approach The paper opted for qualitative analytical approach of research by referring to international treaties and scholarly papers. Findings The authors have evaluated the bindingness of international law on IOs. The authors argue that jus cogens and customary international law are equally binding on IOs. However, treaties could only be binding on IOs to the extent of their consent. The authors have assessed prior violations of IOs. The authors argue that, to prevent such violations by IOs, creating obligations is the first step. Second, amendments are required in the existing international treaties that reflect the foundations of international humanitarian and international human rights law like the Geneva Convention 1949, ICCPR, and ICESCR, to permit IOs to join these treaties, resulting in binding international legal obligations. Research limitations/implications The most prominent assertion of this paper is that IOs as subjects of international law are bound by the principles of international law, including treaty law with consent, customary international laws, general principles of law and peremptory norms. To fulfil these obligations, a regime needs to be introduced wherein amendment is made in treaties to make IOs parties to them and structuring the law on responsibility for IOs. Considering the multifaceted nature of IO, the role it performs in contemporary times requires them to be bound by rules of international law just like states. There is a need to settle their position in global governance and give them more teeth to understand and fulfil their duties to ensure smooth functioning in the long run. Originality/value The paper fulfils an identified gap in the positioning of IOs under the international law.

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Section: Independent Legal Identity Of International Organisationsmentioning

confidence: 99%

Examining the complexities of binding international law on international organisations

Mathur,

Agarwal

2024

IJLMA

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“…This research study applied the legal doctrine of a positivism approach to comprehend the adherence to human rights in Thailand's legal system. The principles and theories about the prohibition of torture are customary international law doctrines that proscribe torture, including the jus cogens principle of absolute law (jus cogens) [21]. It is a broad concept acknowledged as having a special status that the State cannot violate or deny.…”

Section: -Literature Reviewmentioning

confidence: 99%

Human Rights amongst COVID-19: CAT Convention

Pathak,

Chaturvedi,

Laikram

2023

Emerg Sci J

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Thailand’s strength to uphold human rights remains crucial in developing a positive international standard. However, amid the COVID-19 pandemic, there has been an extensive research debate to ensure human rights’ adequateness and protective framework. The objective of this research is to enrich our understanding of the legal frameworks related to the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment of 1984 (CAT), and the Constitution of the Kingdom of Thailand B.E. 2560 (2017), which are significant legal instruments that impact the international and national population. This study adopted a comprehensive SWOT-PESTEL methodology, which involves internal variable assessment through Strength, Weakness, Opportunity, and Threats (SWOT) and external variables, including Political, Economic, Social, Technological, Environment, and Legal (PESTEL). Case studies and the legal positivism approach are integrated to facilitate a comprehensive understanding of international and national legal frameworks. The research findings emphasize the need for Thailand to revise the National Human Rights Commission and relevant laws. Therefore, ensure the conduct of responsible investigations and the creation of a specialized court for protecting human rights, considering the limited availability of experts, specialists, judges, lawyers, prosecutors, researchers, academics, and non-governmental organizations (NGOs). Doi: 10.28991/ESJ-2023-07-06-012 Full Text: PDF

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

Cited by 2 publications

References 18 publications

Examining the complexities of binding international law on international organisations

Examining the complexities of binding international law on international organisations

Human Rights amongst COVID-19: CAT Convention

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