Peremptory Norms in International Law; Development or Revolution of Sources of International Law (A Comparative Analysis of National Legal Systems)
Contemporary international law introduces a notion of peremptory norms comparable to hierarchy of norms in national legal system. A jus cogens is a norm of international law considered so fundamental that it overrides all other sources of international law. A rule of jus cogens has a specific proces...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
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University of Tehran
2015-05-01
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| Series: | Majallah-i ḥuqūq-i taṭbīqī |
| Online Access: | https://jcl.ut.ac.ir/article_54417_7351.html |
| Summary: | Contemporary international law introduces a notion of peremptory norms comparable to hierarchy of norms in national legal system. A jus cogens is a norm of international law considered so fundamental that it overrides all other sources of international law. A rule of jus cogens has a specific process of emergence that will be essentially different from other sources of international law which reflected in Article 38(1) of ICJ Statute. Unfortunately, there is not a precise definition of jus cogens norms. The vagueness of the definition and thereby its instances is one problematic issue that harden realization of ideals of the international community. |
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| ISSN: | 1735-496X 2423-3404 |