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 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

Grantor dc:publisher.institution

Department of Public Law

Year dc:date.issued

2009

Author dc:creator

• Mayua, Jim Nzonguma

Advisor dc:contributor.advisor

• Chirwa, Danwood Mzikenge

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/4718

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/4718