LEGAL STUDY ON JUS COGENS NORMS

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Abstract
  • Jus Cogens means the compelling law and as such, a jus cogens holds the highest hierarchical position among all other norms and principles. As a consequence of that standing, jus cogens could be a exceptionally capable and contested concept in international law. According to the Vienna Convention on the law of Treaties, a peremptory norm of general international law is a norm accepted and recognized by the whole international community of states. It also reflects the constitutional norms of the international community as a whole. These norms can be found in the Charter of the United Nations and also many multilateral treaties, especially those concerned with human rights, contain peremptory norm and which are non-derogable. State Practice and decisions of International Court of Justice confirmed the prohibition of genocide, slavery, torture, racial discrimination and the right to life as having the character of jus cogens. From the identification of jus cogens norms, there may be an impact of peremptory norms on state and official immunities and the immunity of international organizations.
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  • 38. Zin Mar Oo (513-524).pdf
Year
  • 2025
Author
  • Zin Mar Oo1
Subject
  • History, Psychology, International Relation, Geography and Law
Publisher
  • Myanmar Academy of Arts and Science (MAAS)

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