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Showing 1 to 9 of 9 for “"Jus cogens"”.
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Human rights and jus Cogens: Questioning the use of normative hierarchy theory in human rights law
A Jus cogens is a hierarchically superior norm 'from which no derogation is permitted'. This peremptory norm suggests that there is a hierarchy among rules relating to international law. As such the recent trend of placing human rights norms in the catalogue of jus cogens has had a significant …
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The role of jus cogens in resolving the intertemporal problem in Mau Mau torture claims and other historical injustices: a theoretical exploration
… chief obstacle in the resolution of historical injustices in international law is the inter-temporal question, summarized as the requirement that positive substantive international law, as it stood at the time in which an injustice occurred, ought always to apply over latter laws. Jus cogens, …
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The Peremptory Norms of General International Law (Jus Cogens) Under The Vienna Convention on The Law of Treaties
Made available in DSpace on 2015-05-12T22:33:52Z (GMT). No. of bitstreams: 2 license.txt: 4848 bytes, checksum: 96035ab3f5e1c23cc7138a224ce498bd (MD5) 7405680.PDF: 19059380 bytes, checksum: 026b7b4fc99a6f0b3cb8bbafaccff6a3 (MD5) Previous issue date: 1973
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A critical evaluation of the development of the prohibition of genocide by the International Court of Justice
… critically examines the International Court of Justice's jurisprudential development of the prohibition of genocide over the past seventy years. Through a mixed doctrinal and socio-legal methodology, the study offers a comprehensive analysis of how the Court's interpretations stemming from its …
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Transboundary Self-Determination: Remedying the Effects of International Borders
… without territorial disruption. Rooted in the jus cogens character of the right and principle of self-determination, transboundary self-determination derives its legal and normative force from the right of all peoples to ‘freely determine their political status and freely pursue their economic, …
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Two or more wrongs make a right? – The evolution of the customary right of self-defence in the post 9/11 era, and the effect of ‘unlawful' state behaviour on the formation of custom on the right of self-defence against non-state actors
… opinio juris is required and how concepts like jus cogens or general principles of international could be employed as limiting factors to such a formation of custom resulting from the doctrine of specially affected states.
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Just or unjust war? : unilateral use of armed force by states at the turn of the 20th century
… law as indicated by the International Court of Justice in its decision in the Nicaragua Case and the Legality of the Threat or Use of Nuclear Weapons. It is also included by many writers in the commanding principles of international law (Jus Cogens). In spite of this restriction and deep …
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Exploring the differences and similarities in sexual violence as forms of genocide and crimes against humanity
Even though sexual violence has always been a part and parcel of conflicts and atrocities throughout the ages, it never found any interpretation by subsequent tribunals who were responsible for prosecuting offenders.The case of The Prosecutor v Jean-Paul Akayesu was the first of its kind to give …