{"id":{"repo_id":"cape-town","oai_identifier":"oai:open.uct.ac.za:11427/4718"},"canonical_url":"https://search.dev.ndltd.org/etd/cape-town/oai:open.uct.ac.za:11427/4718","repository":{"repo_id":"cape-town","name":"University of Cape Town","base_url":"https://open.uct.ac.za/oai/request"},"display":{"title":"Human rights and jus Cogens: Questioning the use of normative hierarchy theory in human rights law","abstract":"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 impact on both domestic and international law. For instance, in Barcelona Traction, Light and power Co, Ltd (Belgium v Spain), the International Court of Justice (ICJ), when making a distinction between the obligation of states towards the international community as whole and those arising vis-Ñ -vis another state, held that the former are obligation erga omnes in view of their importance","abstract_html":"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 impact on both domestic and international law. For instance, in Barcelona Traction, Light and power Co, Ltd (Belgium v Spain), the International Court of Justice (ICJ), when making a distinction between the obligation of states towards the international community as whole and those arising vis-Ñ -vis another state, held that the former are obligation erga omnes in view of their importance","abstract_has_math":false,"creators":["Mayua, Jim Nzonguma"],"institution":"Department of Public Law","degree_name":null,"degree_level":null,"degree_discipline":null,"degree_department":null,"school":null,"contributors":[],"advisors":["Chirwa, Danwood Mzikenge"],"committee_chairs":[],"committee_members":[],"year":2009,"date_issued":"2009","date_published":"2009","updated_at":"2026-07-22T22:23:00Z","subjects":[],"languages":["eng"],"rights":[],"rights_urls":[],"identifier_entries":[]},"links":{"outbound_url":"http://hdl.handle.net/11427/4718","outbound_label":"Handle","outbound_source":"dc:identifier.uri"},"metadata_groups":[{"id":"people","label":"People","entries":[{"key":"dc:contributor.advisor","label":"Advisor","values":["Chirwa, Danwood Mzikenge"]},{"key":"dc:creator","label":"Author","values":["Mayua, Jim Nzonguma"]}]},{"id":"academic_context","label":"Academic Context","entries":[{"key":"dc:date.accessioned","label":"Dc Date Accessioned","values":["2014-07-30T18:19:50Z"]},{"key":"dc:date.available","label":"Dc Date Available","values":["2014-07-30T18:19:50Z"]},{"key":"dc:date.issued","label":"Date","values":["2009"]},{"key":"dc:publisher.department","label":"Dc Publisher Department","values":["Department of Public Law"]},{"key":"dc:publisher.institution","label":"Dc Publisher Institution","values":["University of Cape Town"]},{"key":"dc:type","label":"Dc Type","values":["Master Thesis"]},{"key":"dc:type.qualificationlevel","label":"Dc Type Qualificationlevel","values":["Masters"]},{"key":"dc:type.qualificationname","label":"Dc Type Qualificationname","values":["LLM"]}]},{"id":"language_rights","label":"Language and Rights","entries":[{"key":"dc:language.iso","label":"Language (ISO)","values":["eng"]}]},{"id":"identifiers","label":"Identifiers","entries":[{"key":"dc:identifier.uri","label":"Identifier URI","values":["http://hdl.handle.net/11427/4718"]}]},{"id":"additional","label":"Additional Metadata","entries":[{"key":"dc:description.abstract","label":"Abstract","values":["A Jus cogens is a hierarchically superior norm 'from which no derogation is permitted'. 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